crfqno. 1000200075 dated 03.12.2013 due date: 23.12.2013 ...€¦ · corporation limited, mumbai....

BHARAT PETROLEUM CORPORATION LIMITED, CPO-REFINERIES, MAHUL REFINERY, MAHUL, MUMBAI- 400 074. Supply of Cetane Improver for Numaligarh Refinery Ltd. CRFQ NO 1000200075. E-Tender No.13223

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BHARAT PETROLEUM CORPORATIONLTD

CENTRAL PROCUREMENT ORGANISATION-REFINERIES

MUMBAI REFINERY,MAHUL

MUMBAI- 400074

TENDER FOR SUPPLY OF CETANE IMPROVER

for

NUMALIGARH REFINERY [NRL]

E-TENDER NO: 13223

CRFQNO. 1000200075 dated 03.12.2013

DUE DATE: 23.12.2013(1400HRS–IST)

FaxNo.91-11-25544082 Tel No. 022-25524117 Email: [email protected]

OR

[email protected]


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TENDER NO.: SUPPLY OF CETANE IMPROVER (CI) FOR NUMALIGARH REFINERY

LTD. (NRL)

Index

Sr. No.

Description Annexure Page Number

1

Notice Inviting Tenders 1 3

2 Special Conditions of Tender

2 4-15

3 Bid Qualification Criteria (BQC)

3 16-18

4 Technical Specifications

4 19

5 Terms & Conditions including Evaluation criteria – NRL

5 20-21

6 Agreed Terms & Conditions

A 22-27

7

Price Schedule - Indigenous Bidders/ Foreign Bidders B1/B2 28-31

8 List of Deviations

C 32

9

Declaration regarding Holiday Listing D 33

12 Format for Bidder Information E 34-35

13 Format for Bank Guarantee for Earnest money deposit F

36-37

14 NRL PDF DOCUMENTS: GPC (Local/Foreign -10 pages), Integrity Pact (6 pages). PBG (LOCAL/ FOREIGN – 3 pages)

- 19 pages


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ANNEXURE -1

BHARAT PETROLEUM CORPORATION LTD

CENTRAL PROCUREMENT ORGANISATION (REFINERIES),

MAHUL, MUMBAI - 400 074.

PHONE: 91-22-25524117 @ FAX: 91-22-2554082

GLOBAL NOTICE INVITING TENDER

CRFQ.No 1000200075 DTD 02.12.2013

BPCL, [CPO-R] invites offers for the supply of Cetane Improver for BPCL Kochi Refinery and NRL Numaligarh Refinery - Assam.

The tender document has two packages namely:

1. Package 1: Supply of Cetane Improver for BPCL – Kochi Refinery (KR)

(E-TENDER NO. 13222)

2. Package 2: Supply of Cetane Improver for Numaligarh Refinery (NRL)

(E-TENDER NO. 13223) Details of the tenders are available/can be downloaded from any of the following websites: a. BPCL’s E-procurement platform https://bpcl.eproc.in. b. BPCL website www.bharatpetroleum.in Energizing Business Tenders CPO

(Refineries). c. Central Procurement Portal http://eprocure.gov.in/cppp Due date for submission: 23.12.2013 14.00 HRS. IST. Important: All updates, amendments, etc, (if any) will be posted on the above websites. There will not be any publication of the same through press advertisement. Place: Mumbai CPO-R


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ANNEXURE- 2

SPECIAL CONDITIONS OF TENDER

SUBJECT: REQUEST FOR QUOTATION FOR SUPPLY OF CETANE IMPROVER FOR NUMALIGARH REFINERY (NRL).

1. Bids are invited for supply of Cetane Improver in complete accordance with tender documents and its attachments. Material supplied shall meet the technical specifications mentioned in Annexure 4.

2. This is for Annual requirement of NRL. Approximate total quantity to be supplied would be 800 MT. The required quantity of the material is to be supplied by the vendor as per delivery schedule stated in this tender document.

3. Bid Qualification Criteria: Bidders meeting the technical & commercial qualifying criteria as per the Bid qualification criteria, Annex. 3 of this tender document, shall only be considered for further evaluation of bids.

4. Earnest Money Deposit (EMD) :

Interest-free Earnest Money deposit (EMD) of INR 250,000.00 (Rs. Two lakhs fifty thousand only) or USD 4,200.00 or equivalent shall be paid by Demand Draft (DD) / Banker’s Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai.

In case the bidder is submitting offer for both the locations (KR & NRL) against E-tender no: 13222 (KR) and E-tender no: 13223 (NRL): Earnest Money deposit (EMD) of INR 350,000.00 (Rs. Three Lakhs fifty thousand only) or USD 5,900.00 or equivalent shall be paid by Demand Draft (DD) / Banker’s Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai. The following categories of bidders are however exempted from depositing EMD:

a) Public Sector Enterprises b) Units registered with National Small Industries Corporation (NSIC); c) Units falling under Micro & Small Enterprises (MSEs) category and registered

with authorities specified under Public Procurement Policy for MSEs. For Bidders under b & c above, the exemption would be extended only if their registration is available for tendered item and registration certification is valid as on date of quotation.

Such bidders must upload appropriate proof along with their "Pre-qualification Bid", to show that they are eligible for the exemption from EMD (application for registration


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as NSIC or for renewal will not be acceptable), failing which such bid will be treated as bid received without EMD and liable to be rejected.

4.1 EMD, wherever applicable, shall be paid separately by Demand Draft (DD),

Bankers Cheque drawn in favor of Bharat Petroleum Corporation Limited and payable at Mumbai. Alternatively EMD can also be paid by way of “Bank Guarantee” (BG) as per BG format (Annexure – I) from any bank recognized as Scheduled Bank by Reserve Bank of India in favor of Bharat Petroleum Corporation Limited, Mumbai. The BG in lieu of EMD shall be furnished on non-judicial Stamp Paper of value not less than ` 100/- and in prescribed Pro-forma given. The BG shall be kept valid for a period of 180 days beyond the period of bid validity.

4.2 Original DD / Banker’s Cheque or BG as the case may be, towards EMD shall be sent separately to DGM CPO-Refineries, Bharat Petroleum Corporation Limited, Mumbai 400 074. Copy of DD / Banker’s Cheque / BG as the case may be, along with proof of dispatch to be uploaded along with “Technical / Un-Priced Bid”. Bids without EMD are liable to be rejected.

4.3 EMD of unsuccessful bidders shall be released after issuance of LOA / Purchase

Order against this tender. However, in case of successful bidder the EMD will be converted to Security Deposit and shall be released after successful completion of the order in full.

4.4 Forfeiture of EMD – A bidder who has submitted their bid shall not be permitted

to alter / amend or withdraw the bid, not withstanding that the bid (s) has / have not yet been opened / finalized. A bidder who purports to alter / withdraw / modify their offer after submission within the validity period of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed.

4.5 The Earnest Money deposited by successful bidder shall be forfeited if the

successful bidder fails to honor the offer terms prior to ordering and Contractual terms after issuance of LOA / Contract / Purchase Order.

4.6 Offers received without scan copy of EMD (DD/BG/Valid NSIC Certificate) in the

e-tender and physically not received within 7 days after “Technical / Un-Priced Bid” opening date (as indicated in the NIT or corrigendum thereof) are liable to be rejected.

5. Submission of Tender:

5.1 Bids should be submitted in “TWO BID SYSTEM” i.e. “Unpriced Bid” & “Priced Bid” through e-tendering portal.

5.2 "Unpriced bid” complete with all technical and commercial details other than

price shall be submitted. Accordingly, this shall contain the following:

i) This Special Conditions of tender (Annexure 2) duly signed & stamped in all pages, as token of acknowledgement and acceptance.

ii) Bid Qualification criteria – Annexure 3


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iii) Annexure 4 - Technical Specifications and Annexure 5 - Terms and Conditions - Evaluation Criteria, duly signed & stamped as token of acknowledgment and acceptance

iv) Agreed Terms & Conditions (Annexure –A), duly filled up, signed & stamped –

v) Price schedule per Annexure- B (1) or B(2) as the case may be, (without filling up the price, but with other details such as applicable taxes, freight etc.), signed & stamped

vi) Deviations to Tender document, if any (Annexure –C), signed & stamped. Deviations if any are to be listed in Annexure – C only. Any deviation mentioned elsewhere in the bid shall not be taken into consideration. In case of no deviation, this may be filled up as NIL.

vii) Declaration regarding Holiday Listing – Annexure – D duly filled in, signed & stamped

viii) Bidders Information details – Annexure E ix) Format for EMD – Annexure F x) NRL General Purchase Conditions (foreign/local) and integrity pact

duly signed and stamped. PBG (Local/ foreign), Annex. – G xi) Proof of sending EMD–wherever applicable. Copy of DD/Pay

Order/Bank Guarantee as the case may be, with proof of dispatch / delivery to BPCL, CPO-Refineries. (EMD to be paid before submitting the bid).

5.3 Priced Bid:

i. Priced bid shall consist of Price Schedule as per Annexure- B1/B2 with price portion duly filled up without any condition. The scanned copy of the Price schedule, Annex. B1/B2 shall be submitted by filling up the price and uploading the same in the price bid envelope provided in the e-portal.

ii. Bidders are requested to quote firm price.

iii. BPCL reserves the right to go for Reverse Auction (RA) instead of opening the price bid submitted through the portal. In case BPCL decides to go for RA, then the price bid shall not be opened and tender would be decided based on result of the RA. In case BPCL decides not to go for Reverse Auction, the tender will be finalized based on the uploaded scanned copy of price bid”. As such, the bidders should submit their best prices in the scanned paper price bid”.

iv. Order will normally be placed on FOB basis, and the ocean freight as

quoted will be considered for evaluation purpose. In case BPCL decides to order on CFR basis, then the ocean freight payable shall be limited to the quoted amount.

5.4 Additional Information/Documents to be submitted.

Please refer to Annexure 4 of this tender document for additional information and submission of documents.

a) IR (infra red) Spectrum of the product.


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b) Certificate of Analysis including the shelf life of the chemical

c) Material Safety Data Sheet.

d) Dosage for NRL - Vendor to furnish recommended dosage for improving Cetane Number of HSD by 4 numbers on base stock of HSD with Cetane Number 44 (without doping of CI)

e) Samples: 2 samples – 500 ml to be submitted separately to the following addresses:

NUMALIGARH REFINERY:

Mr. Samar Chakravorty Manager(Quality Control) Numaligarh Refinery Ltd. PO.- NR Complex Dist. Golaghat, ASSAM-785699.

(Samples may be submitted directly and proof of sample submission to be enclosed with unpriced bid)

f) Reference Documents: Copies of Purchase Orders issued by other Refineries, for supply of the same product. Also Performance Certificate from said Refineries regarding performance of the Cetane Improver supplied to them along with contact details of the concerned person(s) in the customer refinery.

5.5 Evaluation of offers:

a. Price: Quoted price (in Indian Rupees for Indigenous Supply and in Foreign Currency for Imported supply) shall will be considered for evaluation. TT -selling rate of State Bank of India (SBI) as on the date preceding the date of opening of price bid, shall be considered for conversion.

b. Loading for Taxes and Duties:

Indigenous:

Excise Duty: As quoted by the vendor (with excise tariff no.) wherever applicable extra. Sales Tax / VAT: As quoted by the vendor wherever applicable extra .

Imported: Customs duty as applicable shall be loaded extra..

c. Loading for Entry Tax: / Octroi.

Entry Tax/Octroi wherever applicable shall be loaded extra.


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d. Loading for Transportation:

For Indigenous Supply : Transportation charges quoted by the vendor to Refinery site shall be loaded in price evaluation.

For Imported Supply:

Port of Discharge will be Kolkata for NRL.

Ocean freight from port of loading to destination port (Kolkata) as quoted shall be loaded on the FOB Value for ascertaining CFR Value.

Loading of 0.25% on CFR Value shall be done for Marine Insurance

A loading of 5% on CIF value shall be done towards Port handling & Clearance charges, for NRL Quantity.

e. Loading on account of deviation in commercial terms

Payment terms: If any differential payment terms is offered by the vendor as against BPCL terms mentioned in this tender and the same is acceptable to BPCL, vendor shall be loaded at a rate equivalent to benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of opening price bid, calculated for the applicable period for the applicable amount.

Delayed Deliveries: Refer GPC clause no.20 In case the vendor does not accept the delayed delivery clause or take exceptions to the % rate mentioned in GPC, loading shall be done to the extent of maximum of 5% of the order value or the differential % not agreed by the supplier.

f. Performance Bank Guarantee(PBG):

In case bidder does not agree to furnish PBG in the event of their getting order, then bid would be liable for rejection as such.

g. Evaluation Methodology and Price comparison:

Evaluation will be based on Net landed Cost, with loading factor based on actual Cetane improvement achieved on testing of sample submitted with the offer.

Offers would be evaluated for net landed cost as under :

A. Basic Price :


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B. Duties, Taxes, Freight, Octroi etc. as applicable . C. Net Landed Cost = (A) + (B) – Cenvat Credit as applicable –

VAT Credit, as applicable.

D. Loading factor for Cetane improvement achieved would be ascertained as under: 1. Bidder has to suggest recommended dosage rate for improving

Cetane number by 4, i.e. from 44 to 48 for NRL. ; 2. Highest dosage rate among those recommended by participating

bidders will be considered as trial dosage rate for testing of samples submitted by all bidders. Base stock shall be blend of HSD with Cetane No 44.

3. Improvement in Cetane number shall be ascertained by adding the trial dosage rate of Cetane Improver to the base stock of undoped HSD.

4. Loading factor shall be calculated as "Best Cetane No improvement obtained with trial dosage among all participating bidders / Cetane No improvement obtained with trial dosage for the bidder's sample".

E. Loaded Net Landed cost will be calculated as as Quoted Rate x Loading Factor.

5.6 Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date & time.

5.7 Fax / E-Mail offers shall not be accepted.

5.8 BPCL shall not be responsible for any delay in submission / uploading of offer.

5.9 Offer shall be valid for a period of 90 days from Tender Due Date for placement of order. The price quoted shall be valid for supplies for a period of 12 months from the date of Purchase Order .

6. Tender Opening:

a. The unpriced part of the bid shall be opened on due date at 14.00 hrs (IST) through e-portal. Bidders who have submitted their bids, can view/witness result of technical bid opening through the e-portal.

b. The date and time of opening price bids shall be intimated separately to the

techno- commercially acceptable bidders and the price bids shall be opened through e-portal. Technically accepted bidders can view/witness result of priced bid opening through the e-portal..

c. In case BPCL decides to go for Reverse Auction (RA) the electronic sealed price bids will not be opened,, and the tender will be decided based on result of RA In that case , the date & time of Reverse Auction and methodology of Reverse Auction shall be intimated in advance to the technically acceptable vendors BPCL..


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7. DELIVERY :

a. Material shall be delivered in ISO tanks. In the case of indigenous suppliers,

material shall be delivered at NRL. In case of foreign suppliers, material shall be delivered on FOB named port of dispatch basis / CFR named port of import, as the case may be.

b. Port of import shall be Kolkata for supplies to Numaligarh Refinery.

c. The quantities mentioned in the tender are our estimated requirement for a period of one year and may vary depending upon refinery operations. At NRL, the capacity of CI storage vessel in Refinery is about 40MT. The consumption of CI is about 60 MT per month. Therefore 3nos of 20 MT tankers should be supplied in a month, each at an interval of 10 days. Any change in delivery schedule shall be intimated 7 days in advance

d. Test certificates for physical and chemical properties and laboratory analysis including purity, are required with each supply.

e. Excise Invoices for claiming modvat shall be furnished along with the deliveries(In the case of indigenous suppliers)

f. On receipt of the product, samples will be drawn for testing at our laboratory, and

if found to be in accordance with our specifications, the same shall be unloaded at our premises.

g. The vendor shall keep sufficient stock to ensure un-interrupted supply. In case,

there is any problem in the vendor’s plant, due to any reason, vendor shall supply the material from other manufacturer’s with prior approval of BPCL, otherwise, NRL will procure the material at Vendor’s risk and cost during the period. Please confirm acceptance of this delivery requirement.

8.0 PERFORMANCE BANK GUARANTEE

Successful bidder (vendor) shall furnish a Performance Bank Guarantee (PBG) valid for a period upto one year from date of order. The PBG should be for a value not less than 10% of the total order Value.( Total Order Value for this purpose would consist of Ex Works Price (for indigenous supply ) / FOB Price (for imports supply)

9 PAYMENT:

a. Indian Vendor: 100% payment will be released within 30 days after receipt and acceptance of material at site and on submission of all the relevant dispatch documents including original invoice. b. Foreign Vendor:


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100% payment by Cash against documents within 30 days from the date of B/L. OR through Letter of Credit within 30 days of submission of documents. All overseas bank charges to vendor’s a/c and Indian bank charges to BPCL a/c. Bidders to note that in case payment is through L/C, 0.25% on CFR value will be loaded during evaluation, towards LC opening charges.

10. General Points :

a. BPCL reserve the right to extend due dates of tender, accept or reject any tender in part or full, without assigning any reason whatsoever. Bharat Petroleum Corporation Limited also reserves its right not to accept the lowest rates quoted by the tenderers and also to give purchase preference to Public Enterprises, as admissible under the existing policies of Government of India and to JVs/Subsidiaries as per BPCL guidelines. It also reserves right to consider inflow of royalty to BPCL during evaluation of bids.

b. Performance Bank Guarantee [as per format] for 10% of order value for a period of 12 months from the date of order, with claim period of 3 months thereafter.

c. In case the bidder is submitting his bid for both the locations, i.e KR & NRL (against e-tender no 13222, and e-tender no 13223), he is required to meet the combined technical and financial criteria of both the locations as stated in Annex. 3.

d. BPCL reserves the right to stop calling off material/cancel the order by giving you 30 days notice in advance.

e. Offers and all correspondence must be in English language only.

f. All entries in the tender documents must be written in permanent ink or typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable mistake should be neatly cut and re-written without over-writing and use of correcting fluid. All corrections should be duly signed by the Bidder.

g. Bidders are requested to provide detailed information along with the offer regarding the direct / indirect impact of their product on people, equipment, materials and machine. “Material Safety Data Sheet” may be submitted with the technical bid in case of hazardous items.

h. The material shall be packed in accordance with the rule, in weatherproof, shipment worthy, eco-friendly packing and labeled, indicating clearly the description of the item, hazardous nature if any, precaution and care to be taken.

i. Payments to all material suppliers, contractors, transporters etc shall be made by National Electronic Fund Transfer (NEFT) only. NEFT payment condition shall be acceptable to all suppliers, contractors and their appointed transporting agencies. In case bank details are not provided please submit the same in the prescribed format. Payment by cheque will be made only to those vendors whose bank is located in the city where NEFT payment facility is presently not available. Bids received from vendors who are not accepting the NEFT payment terms are likely to be rejected.

j. Any effort by bidder or bidder’s agents, consultant or representative, howsoever described, to influence the owner in any way concerning scrutiny/ consideration/ evaluation/ comparison of the bid or decision concerning award of contract shall entail rejection of the bid.


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k. Bidders are to sign NRL’s integrity pact and submit along with bid document. Bids without signed Integrity pact are liable for rejection.

l. Valid digital certificate is compulsory for participation in E-Tender as well as Reverse auction. In case you do not have a valid digital certificate, arrange for the same from any service provider immediately so as to enable submission of offers in the e-platform within the tender due date.. Non availability of Digital certificate will be considered as your regret.

m. The vendor shall confirm their offer is exactly as per our specifications. Scope of work and all other terms conditions, enclosures and there is no deviations.

n. If there is any deviation the same shall be indicated strictly in format in Annexure-F (Deviation Form) , which is to be submitted along with un-priced bid. Please note that if no deviation is given in the Annexure F format, it shall be presumed that vendor’s offer has no deviation from our CRFQ.

o. The commercial terms offered by the bidder should be firm, clear and specific as the

tenders shall normally be finalized without seeking further clarifications.

p. Deviation taken, if any, in the commercial conditions may lead to appropriate loading of prices to make all offers commercially at par or rejection of offer, at the sole discretion of BPCL.

q. Vendor shall accept Contract for all items or part there off without any precondition

on minimum value on contact /subsequent call offs . Offers with precondition on minimum contract value/call off value or non acceptability of part order are not acceptable and such offers shall stand commercially rejected.

r. Material has to be supplied with required Material Test Certificate. Supplies not

accompanied with the test certificates shall be liable to be rejected.

s. Vendor to confirm that free replacement shall be made in case the materials supplied are rejected due to poor quality.

t. Vendor to confirm whether Repeat Order at the same price, terms & conditions

would be acceptable, for another six months, after expiry of contract.

u. Arbitration and Jurisdiction clause shall be as per individual General Purchase Conditions of NRL as the case may be. Vendor to confirm acceptance of the same.

v. Bidders shall go through the attached General Purchase Conditions (GPC) of NRL.

Same shall be signed , stamped & returned along with the unpriced bid, in token of acknowledgement & acceptance of the terms and conditions mentioned therein

11. INTEGRITY PACT (IP)

a. Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the

bid documents (technical bid/unpriced bid in case of 2 part bids), duly signed by the same signatory who is authorised to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return the


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IP duly signed along with bid documents 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 IP, BPCL shall be entitled to demand and recovered from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of IP.

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

d. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address and contact number is given below :

Shri Brahm Dutt No. 82, Shakti Bhavan Race Course Road Bangalore 560 001 Tel: 080-22256568/09731316063

12.INSTRUCTIONS TO BIDDERS FOR E-TENDERING:

a. The bidder is requested to download the tender from BPCL’s e-tendering website https://bpcl.eproc.in and participate in the tender as per the instructions given above and herein, on or before the due date and time of the tender. The tender available on the BPCL website can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcl.eproc.in..

b. For registration on the e-tender site https://bpcl.eporc.in, bidder need to

download the User Instruction Manual from the site and read it. They shall have to select “Enrollment” and complete the “Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id, password entered therein. After completing this process, system will generate an e-mail wherein a system generated “Challenge Phrase” will be mailed to you to complete balance registration process.

c. As a pre-requisite for participation in the tender, bidders are required to

obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the Bidder. In case any Bidder so desires, he may contact our e-procurement service provider M/s. C1 India Pvt. Ltd., Mumbai (Contact no. 022-66865600) for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for obtaining a digital certificate after the submission of all required documents / fees. Non availability of Digital Certificate shall be considered as the bidder’s regret.


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d. Corrigendum/ amendment, if any, shall be notified on the site https://bpcl.eproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such Bidders who have submitted their bids, shall be intimated about the corrigendum/amendment by a system-generated email. No written communication will be circulated. It shall be assumed that the information contained therein has been taken into account by the Bidder. They have the choice of making changes in their bid before the due date and time.

e. Bidders are required to submit their bid online on or before the due date and

time of closing of the tender as depicted in this document. Bidders shall have to log on to the website (https://bpcl.eproc.in) for submitting their bid. The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the Bidder intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire process of submission of online bid is complete, the Bidders are required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid.

f. Bids / Offers shall not be permitted in e-procurement system after the due

date /time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

g. No manual bids/offers along with electronic bids/offers shall be permitted.

h. Once the /PQ Bid/technical (or) un-priced bids are opened, bidders can see

the list of Bidders who have participated in the bid by logging on to the portal under their user ID and password and clicking on “Other Bids” view. Subsequently, in case the price bids are opened in E Tendering platform, Bidders can see the rates quoted by all the participating bidders using the same option.

i. No responsibility will be taken by BPCL and/or the e-procurement service

provider for any delay due to connectivity and availability of website. They shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause. It is advisable that Bidders who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials.


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j. BPCL and/or the e-procurement service provider shall not be responsible for

any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

k. In case of any clarification pertaining to e-procurement process, the Bidder

may contact the following agencies / personnel:

1. For system related queries: (our e-tendering service provider – C1 India Ltd.) at contact no.022-66865600.; email id: [email protected] Contact Persons : Mr. Ajit Patil - [email protected] – 022-66865601 Mr. Hussian Ali- [email protected] – 022-66865602 2. For tender related queries: (BPCL CPO-Refineries) Mr. Sangram Sawant, Dy. Manager (CPO-R) Phone: 022-25524117 e-mail id : [email protected] OR Mr. R V Deodhar, Manager (CPO-Refineries) Phone: 022-25533129. . e-mail id : [email protected]


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ANNEXURE 3

BID – QUALIFICATION CRITERIA (BQC)

1. Technical Criteria: 1.1 Bidder should be a manufacturer of Cetane Improver.

1.2 Bidder should have supplied Cetane Improver to any Refinery / Petroleum

Installation during the period of preceding 36 months from the date of the tender, with total quantity supplied as under:

1.2.1 For supply to Kochi refinery (E-tender no: 13222): Not less than 325 MT

in the said thirty six months or not less than 130 MT in any consecutive 12 months period within the said 36 months.

1.2.2 For supply to Numaligarh Refinery Ltd (E-tender no: 13223).: Not less than 800 MT in the said thirty six months or not less than 320 MT in any consecutive 12 months period within the said 36 months.

1.2.3 In case the bidder is submitting his offer for both the locations against (E-tender no: 13222) and (E-tender no: 13223); the bidder is required to meet combined criteria for both refineries, i.e. not less than 1125 MT in the said thirty six months or not less than 450 MT in any consecutive 12 months period within the said 36 months.

Bidder shall provide documentary evidence such as purchase order copy / letter from a competent authority to support this claim and also provide the contact details viz. address, e-mail and telephone/fax number of the concerned Authority in the Refinery.

2. Financial Criteria:

2.1 The bidder should have annual turnover of not less than the following (to

be supported by audited / certified P&L a/c): 2.1.1 For supply to Kochi Refinery (E-tender no: 13222): Average annual

turnover of the bidder during the preceding three financial years should be not less than Rs. 131 Lakhs. (USD 218,000/-)

2.1.2 For supply to Numaligarh Refinery (E-tender no: 13223): Average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 325 Lakhs. (USD 543,000/-)

2.1.3 In case the bidder is submitting his offer for both the refineries against (E-tender no: 13222) and (E-tender no: 13223), the average annual turnover of the bidder during the preceding three financial years should be not less than Rs. 456 Lakhs. (USD 761,000/-)

2.2 The net worth as per the latest audited annual report shall be positive (to be supported by audited/ certified, balance sheet / assets & liabilities.

Note to Bidders:


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- Bidder should ensure submission of complete information/ documentation in the first instance itself. Qualification may be completed based on the details so furnished without seeking any subsequent additional information.

- Bidder shall submit all relevant documents of their proven track records and satisfactory performance by giving detailed reference (email address/ contact details) of end user(s). Owner shall have the right to obtain feedback directly from any or all end user(s) about performance of the system installed at their location.

- If bidder presents the annual turnover in any currency other than USD, the TT -selling rate of State Bank of India (SBI) as on the date of opening of unpriced bid, shall be considered for conversion.

Documents to be submitted:

- Company profile indicating organization structure of bidding entity.

- Audited Profit and Loss statement and Balance sheet for the preceding three financial years.

- Vendor/Bidder to submit copies of purchase/ work order containing the item description, ordered quantity, proof of supply of the item in support of both the above vendor qualification criteria.

TENDERING METHODOLOGY & METHODOLOGY FOR AWARD OF CONTRACT:

Supply of Cetane Improver to BPCL- Kochi refinery, Numaligarh Refinery are grouped in

2 packages as below;

PACKAGE DETAILS

LOCATION

PACKAGE-1 SUPPLY OF CETANE IMPROVER AT BPCL – KOCHI REFINERY

(KR)

PACKAGE-2 SUPPLY OF CETANE IMPROVER AT NUMALIGARH

REFINERY (NRL)

• Bidders can bid for any package or any combination of packages, i.e. for both the locations by quoting in the e-tenders.

• Unpriced bids shall be opened first and evaluated.

• Techno commercial bids of qualified bidders for respective packages only shall be opened.

• Based on Techno commercial evaluation, price bids of qualified bidders for respective packages shall be opened one after other in the following sequence

• Price bids of techno-commercially qualified bidders of Package- 2-SUPPLY OF CETANE IMPROVER FOR NRL will be opened first and evaluated. The price bid of L1 bidder of package 2(NRL) will be opened for package 1 (KR) only if the bidder


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meets the combined financial & technical criteria as mentioned in clauses 1.2.3 and 2.1.3 respectively.

• Price bids of techno-commercially qualified bidders of Package-1- SUPPLY OF CETANE IMPROVER FOR KR will be opened next and evaluated.


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ANNEXURE 4

TECHNICAL SPECIFICATIONS

CETANE IMPROVER

SPECIFICATIONS:

1 Chemical Name 2-Ethyl Hexyl Nitrate

2 Empirical Formula C8H17NO3

3 Solubility Miscible in Diesel

4 Molecular Weight 175.2

5 Appearance Clear Colorless / Pale Yellow

6 Purity (2EHN content), min 98.0%

7 Water % wt. max 0.05 (ASTM D 1744)

8 Density @ 150 C, gm/ml 850-980 Kg/M3 at pumping temp. (AMB) (ASTM D 1298)

9 Acidity (at HNO3) 0.005%

10 Kinematic Viscosity, Cst 1.0-3.0 at pumping temp. (AMB)

11 Flash Point : Min. 45 0C

12 Packing In ISO Tanks

13 Quantity NRL: 800 MT


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ANNEXURE –5

TERMS & CONDITIONS INCLUDING EVALUATION CRITERIA FOR CETANE IMPROVER - NRL

1. Requirement : The Cetane Improver(CI) is required to boost the Cetane no. of HSD by 4.0 no. from the Base Cetane no. of about 44.0 (Cetane Index- 45 approx) for the production of Euro-III/IV grade diesel as per marketing spec.( Cetane No. -48.0)

2. Quantity to be supplied: 800 MT

3. Specifications: As stated in Annexure 4

4. Bid Qualification Criteria: As per Annexure 3

5. Technical Evaluation of Bids :

i. Bidder has to suggest recommended dosage rate for improving Cetane number by 4, i.e. from 44 to 48 for NRL. ;

ii. Highest dosage rate among those recommended by participating bidders will be considered as trial dosage rate for testing of samples submitted by all bidders. Base stock shall be blend of HSD with Cetane No 44.

iii. Improvement in Cetane number shall be ascertained by adding the trial dosage rate of Cetane Improver to the base stock of undoped HSD.

iv. Loading factor shall be calculated as "Best Cetane No improvement obtained with trial dosage among all participating bidders / Cetane No improvement obtained with trial dosage for the bidder's sample".

Loaded Net Landed cost will be calculated as as Quoted Rate x Loading Factor.

6. Packing: The CI shall be supplied in ISO tanker of 20MT capacity.

7. Delivery: The capacity CI storage vessel in Refinery is about 40MT. The consumption of CI is about 60 MT per month. Therefore 3nos of 20 MT tankers should be supplied in a month, each at an interval of 10 days. Any change in delivery schedule shall be intimated 7 days in advance.

8. Weighment & analysis : NRL reserves the right to draw samples of the consignments on receipt at site and check in NRL lab for improvement in Cetane number by testing with trial dosage used at the time of technical evaluation. In case, in such testing, the cetane improvement is found to be less than the improvement recorded during technical evaluation, payment would be made only for pro-rated qnty which is to be calculated as : Recd. Quantity x (actual improvement in cetane number / observed improvement during technical evaluation).

Weighment & quality testing at refinery premises will be the final for receipt of


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Materials/payment.

9. Other terms & Conditions:

9.1 Following document should be submitted along with offer: - MSDS of the chemical. - Shelf life. - Packing size (capacity of ISO tanker/s). - Source of supply. - Details/ reference of earlier supply of CI to other Oil PSUs.

9.2 CI samples of all bidders shall be tested with same HSD sample base CN-

44.0(approx).. Bidders shall arrange to send / deliver the samples directly to the following address:

Mr. Samar Chakravorty Manager(Quality Control) Numaligarh Refinery Ltd. PO.- NR Complex Dist. Golaghat, ASSAM-785699.

9.3 Bidder shall arrange the ISO tanker/s for supply of the CI in time. Following

should be clearly mentioned/ attached with the challan of each tanker of CI: - Trade name/code Chemical formula - Gross & Net wt of the tanker in Kg - Lot no./ Date of manufacture - CI Batch’s Test certificate

9.4 Bidder shall send the detail about the dispatch of each tanker. Also bidder shall

keep track and follow-up with the tanker’s driver/s for timely delivery of CI tanker at site. Bidder shall send the movement status of all tankers in transit on daily basis. Bidder shall take immediate action, in case any tanker is stuck-up in transit due to various reasons.

9.5 After the receipt of the tanker at site, CI shall be unloaded into the CI vessel at site. Quantity of CI receipt shall be certified based on the wt of the tanker at our weigh bridge, before & after unloading of the CI from the tanker. However GR shall be made as per formula mentioned in para 8 above.

9.6 The driver/s of the Tanker should have valid documents like Registration

Certificate, Driving license, Insurance certificate, road tax clearance etc. with them so that there is no delay in transit/ at Refinery material gate etc.


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ANNEXURE-A

AGREED TERMS & CONDITIONS (EACH POINT MUST BE CONFIRMED / NOTED / COMMENTED UPON AND MUST

BE SUBMITTED ALONG WITH TECHNICAL BID)

S. No.

Tender Requirement Vendor’s confirmation/

acceptance/comments to be mentioned for each item

TECHNICAL:

1 The Bidder shall be a reputed manufacturer of Cetane Improver.

2 Bidder wishing to supply to Numaligarh refinery: Not less than 800 MT in the said thirty six months or not less than 320 MT in any consecutive 12 months period within the said 36 months. Bidder wishing to supply to both Kochi (e-tender no: 13222) and NRL (e-tender no: 13223) to meet combined criteria for both refineries, i.e. not less than 1125 MT in the said thirty six months or not less than 450 MT in any consecutive 12 months period within the said 36 months.

3 Bidder to confirm that the physical and chemical properties as per Annexure 4, Technical Specifications (TS), have been be indicated in their quotation..

4 NRL (e-tender no: 13223): Bidder to confirm that the material supplied can improve the Cetane Number of HSD by 4 numbers on base stock of HSD with Cetane Number of 44.0 – 48.0 for NRL.

5 Bidder to specify recommended dosage for improving Cetane Number for undopped diesel, to the extent mentioned in item 4 above . NRL:

6 Confirm that there is no technical deviation and specification of offered product is same as per tender specification.

7 Confirm that sample as required is submitted & submission proof of Tender sample as per requirement is attached.

8 Confirm that you are meeting Bid Qualification criteria –Technical Criteria of the tender documents and required documents in support of the same have been


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submitted with Unpriced Bid.

9 Quality Commitment: Material supplied will meet the technical specification mentioned in Annexure 4 and shall confirm to the samples submitted.

1

COMMERCIAL Confirm that you are meeting Bid Qualification criteria –Financial Criteria of the tender documents and required documents in support of the same have been submitted with Unpriced Bid.

2 Confirm that NRL’s Integrity pact is duly signed and submitted by you as per requirement.

3 Indicate the quoted currency.

4 Indicate Country of Origin of goods offered

5 Confirm that the prices are given strictly as per price schedule.

6 Details of Packing of goods offered.

7 For Indian Bidders : Indicate basis of quoted prices. (Ex-Works/ FOR Dispatch point/ FOR Destination/ free delivery at site) -

8 For Foreign Bidders.: Confirm whether FOB and CFR prices have been indicated in the offer, with gate way port of exit.-

9 Charges to shipping agencies shall be borne by the bidder, if order is placed on CFR basis.- Vendor to confirm

10 Indicate earliest firm delivery periods. This shall be reckoned from the date of Purchase order / Call Off order issued by respective refinery P&CS Dept.

11 Confirm that the Prices shall be FIRM till complete execution of the order and shall not be subject to variation on any account,

12 Confirmation that the quoted prices are valid for acceptance upto 90 days from the due date / extended due date of tender..

13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended without any deviation including change in price. – Vendor to confirm.

14 For Indian Bidders: If excise duty/ Sales tax is presently not applicable,


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confirm whether the same will be borne by you in case it become leviable later. Also pl give reasons for non application of ED / Sales tax.

15 For Indian Bidders: Wherever CENVAT CREDIT can be availed by BPCL, Excise duty shall be reimbursed by BPCL after receipt of proper documents to avail CENVAT benefit. --

16 The rates shall be inclusive of works contract tax wherever applicable.

NA

17 Indicate the rate of service tax wherever service tax applicable extra and items on which the same is applicable.

NA

18 For Indian Bidders: Statutory variation in excise duty rate and Sales Tax /VAT rate for the material to supllied, during contractual delivery period shall be to BPCL account. Any increase in the rate of tax beyond Contractual Delivery Date (CDD ) shall be to vendor’s account Any increase in the rates of Excise Duty & VAT beyond the contractual completion date or approved extended contractual completion date will be borne by BPCL to the extent CENVATABLE documents passed on to BPCL and BPCL is in a position to get the CENVAT claim from the authorities. However, the benefit of any reduction must be passed on to BPCL Vendor to confirm above..

19 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.- Vendor to note

20 For Indian Bidders: Confirm that all Bank charges and Stamp Duties , if any, shall be borne by the bidder. For Foreign Bidders: Confirm that all bank charges & stamp duties overseas , if any, are included in the price, and only bank charges/stamp duties, if any, in India to be borne by BPCL.

21 For Foreign Bidders: Confirm that all taxes, duties and levies of any kind upto port of shipment shall be borne by supplier.

22 Confirm acceptance of BPCL’s `General Purchase Conditions’(GPC) .

23 In case of deviation/ reservations etc., to BPCL’s GPC


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& tender conditions, confirm that the same has been given in separate Annexure C as desired and deviations/ reservations / notes/ comments etc., given elsewhere in the offer shall not be considered.

24

Confirm acceptance of part order without any stipulation of minimum order value/quantity.

25 Confirm acceptance of repeat purchase order with the same rate and terms & conditions within 12 months from the date of original purchase order.

26 Acceptance to price reduction for delay in delivery beyond contractually agreed schedule @ ½% of undelivered order value per week of delay or part thereof, subject to a ceiling of 5% of total order value as per BPCL’s GPC. In case this point is not accepted by the vendor, loading shall be done as per “Evaluation Criteria of special conditions”

27 Payment term : For Indian Bidders: Confirm that payment term shall be 100% within 30 days of receipt and acceptance of material at site. For Foreign Bidders: 100% payment by Cash against documents within 30 days from the date of B/L. OR through Letter of Credit within 30 days of submission of documents. For any other payment terms necessary loading shall be done on the quoted price as per respective clause under “Evaluation basis”.

28 Performance Bank Guarantee (PBG) : Confirm that you will furnish performance guarantee for 10% of order value by way of Bank Guarantee in the prescribed format from any Scheduled Indian Bank as per format of PBG attached.. In case BG is furnished by any foreign bank, the same shall be countersigned by Indian Branch of the Foreign Bank, which should be a scheduled bank as per RBI or by any Indian Scheuled Bank The PBG should be valid for a period of 12 months from date of order , with a further claim period of 3


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months thereafter.. In case this point is not accepted by the vendor, the bid is liable to be rejected.

29 Indicate relationship with any of our Directors.

30 Please confirm you have filed declaration in format Annex D. In case you have been been banned or delisted by any Government or Quasi Government agencies or PSUs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.

31 You are requested to furnish the following information for e-payment:

a) Name of the vendor/contractor party

b) Account No. of the party

c) Bank & Branch Name where the above account is maintained

d) Type of account (current/saving/cash credit

A/c)

e) Branch code of the above bank branch – For Indian Bidders

f) MICR code of the above branch. – For

Indian Bidders g) SWIFT Code. – For Foreign Bidders.

32 For Indian Bidders: If the items are covered under DGS&D rate contract, confirm that a copy of rate contract is enclosed with your offer.

33 For Indian Bidders: In terms of Section 8 of The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006 , eligible bidders is requested to submit a copy of the relevant memorandum/ notification issued by authority notified by the State Government or Central Government and by medium enterprises with the authority notified by the Central Government, i.e., General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with micro, small and medium enterprises of the State Government or the Union Territory Administration., along with the


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offer for availing the privileges.

34 For Foreign Bidders: Direct offer without the intermediary of an Indian Agent only will be considered.- Vendor to note

35 In case BPCL decides to obtain the prices through Reverse Auction Process (RA), e-sealed price bids will not be opened , and tender would be finalized based on results of the RA. Vendor to confirm acceptance.

Yours faithfully, Place: …………. For and on behalf of

Date :…………:

Signature & seal of the vendor


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(Indian bidders) ANNEXURE- B1

PRICE SCHEDULE

QUOTATION FOR SUPPLY OF CETANE IMPROVER TO NUMALIGARH REFINERY (NRL)

Bidder offer ref. no.: __________ Dated : From: To DGM (CPO-R), Bharat Petroleum Corporation Ltd Mahul, Mumbai.- 400074. SUBJECT: SUPPLY OF CETANE IMPROVER CRFQ No. 1000200075 E-Tender no: 13223 This has reference to your above CRFQ for the supply of Cetane Improver at NRL Warehouse. QUOTED CURRENCY: INR UOM: MT We are pleased to submit our offer as detailed below:

Description NUMALIGARH REFINERY

CETANE IMPROVER Product name: ___________

QUANTITY

800 MT

BASIC UNIT RATE: INR/MT

TO BE INDICATED IN PRICE BID

Packing and forwarding charges (if applicable extra)

Excise Duty : a) Rate b) Tariff No.


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Packing Details : Place of Dispatch : Destination : NRL Numaligarh Refinery: Golaghat, Assam We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (CPO - Refineries) for this tender and we agree to abide by the same.

Yours faithfully, Place: __________ Date: ____________

For and on behalf of Signature & seal of the vendor

Sales tax : a) Rate (with ‘C’ Form)

b) Rate (without ‘C’ Form)

c) Local sales tax rate /VAT rate

Transportation Charges in percentage on basic or in lumpsum for total qty

Octroi/Entry Taxes or any other charges .(Pl. specify)

Total price for total qty for delivery at BPCL Mumbai Refinery (Ex-works price + Ex.Duty+Sales Tax /VAT +Other charges)

Container rental charges beyond free period of 3 working days

Transit Insurance Charges

BY BPCL


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ANNEXURE B2 (Foreign Bidders)

PRICE SCHEDULE

QUOTATION FOR SUPPLY OF CETANE IMPROVER TO NUMALIGARH REFINERY

(NRL) Bidder offer ref. no.: __________ Dated : From: To DGM (CPO-R), Bharat Petroleum Corporation Ltd Mahul, Mumbai.- 400074. SUBJECT: SUPPLY OF CETANE IMPROVER CRFQ No. 1000200075 E-Tender no: 13223 This has reference to your above CRFQ for the supply of Cetane Improver at NRL Warehouse. QUOTED CURRENCY: UOM: MT We are pleased to submit our offer as detailed below:

Description NUMALIGARH REFINERY

CETANE IMPROVER Product name: ___________

QUANTITY

800 MT

BASIC UNIT RATE/MT – Ex works (Applicable currency)

TO BE INDICATED IN PRICE BID

Packing and forwarding charges (if applicable extra)

FOB price per MT (in words) :


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Ocean Freight Charges in percentage on basic or in lumpsum for total qty

Container rental charges beyond free period of 3 working days

Transit Insurance Charges

BY BPCL

Packing Details: Port of Dispatch: Port of Destination: NRL - Kolkata Port: We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (CPO - Refineries) for this tender and we agree to abide by the same.

Yours faithfully

Place: _________ Date: ___________

For and on behalf of Signature & seal of the vendor


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Annexure-C

List of Deviations to the tender document:

SR.No. / Annexure

Reference Clause of Tender Document

Deviation

Yours faithfully, For and on behalf of



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ANNEXURE –D PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

In the case of a Proprietory Concern: I hereby declare that neither I in the name of my Proprietary concern M/s. _________________ which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state “NIL”). In the case of a Partnership Firm We hereby declare that neither we M/s. _________________ submitting the accompanying Bid/Tender nor any partner involved in the management of the said firm, either in his individual capacity or as proprietor of any firm or concern have or has been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state “NIL”). In the case of Company We hereby declare that we have not been placed on any holiday list or black list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state “NIL”). It is understood that if this declaration is found to be false in any particular respect, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated.

Yours faithfully, Place: …………. For and on behalf of

Date :…………:



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Annexure : E

FORMAT FOR BIDDER’S INFORMATION

1 Name of Bidder

2 Address for Communication

3 General contact details viz. e mail address, telephone no., & fax no.

4 Whether bidder is a manufacturer OR dealer/trader, for items under this tender

5 Type of Organisation: Government Dept./Public Sector Undertaking/Public Limited Company/ Private Limited Company / Partnership/ Propreitorship Others (Pl. specify)

6 Location of Registered Office , in the case of Company

7 Residential status : Indian or Non-resident;

8 Indian Income Tax PAN Number: (Note : In case where Indian Income Tax Deduction at Source is applicable, non-availability of PAN Number will entail a higher deduction)

9 In case non-resident, whether the bidder is having any Permanent Establishment in India, through which business transactions in India are carried out.

10 IN CASE BIDDER IS A MANUFACTURER FOR

ITEMS UNDER REFERENCE:

10.1 Address of Factory:

10.2 Central Excise Registration Number(For Indian bidders)

10.3 Service Tax Registration Number , if any (For Indian Bidders)

10.4 Sales Tax / VAT / CST Registration Number(For Indian Bidders)

11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE PROVIDER FOR ITEMS UNDER


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REFERENCE:

11.1 Central Excise Registration Number, if any(for issuing Cenvatable invoice under Cenvat Credit Rules) (For Indian Bidders)

11.2 Service Tax Registration Number, if any (For Indian Bidders)

11.3 Sales Tax / VAT / CST Registration Number (For Indian Bidders)

12 CONTACT PERSON’S DETAILS:

12.1 Name & Designation

12.2 E-mail id

12.3 Telephone No.- Landline

12.4 Mobile Number.

12.5 Fax number

13 Average Annual Turnover of the business

14 Whether the bidder falls under the category of Micro & Small Enterprises(MSE) as per the MSME Policy of Govt. of India. If YES, whether proof for the same enclosed with the bid?


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Annexure-F

PROFORMA OF BANK GUARANTEE

(On non-judicial paper of appropriate value)

FOR EARNEST MONEY

To

Bharat Petroleum Corporation Ltd.

(CPO) Refineries

Mumbai Refinery, Mahul

MUMBAI 400074

Dear Sirs,

M/s. __________________________________________________________________________________

have taken tender for the supply of ____________________________________________________________

for Bharat Petroleum Corporation Ltd.

The tender Conditions of Contract provide that the Bidder shall pay a sum of Rs. ______

(Rupees__________________________________________________________________________________)as earnest money / initial / full security deposit in the form therein mentioned. The form of payment of earnest money / security deposit includes guarantee executed by Schedule ‘A’ Bank, undertaking full responsibility to indemnify Bharat Petroleum Corporation Ltd. in case of default.

The said______________________________________ have approached us and at their request and in consideration of the premises we__________________________________________________________

______________having our office at have agreed to give such guarantee as hereinafter mentioned.

1. We___________________________________________________________________ hereby undertake and agree with you that if default shall be made by M/s. _____________________________________ in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall on demand pay to you in such matter as to you may direct the said amount of Rupees_______________________________only or such portion thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the


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said_____________and to enforce or to for bear from endorsing any power of rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.__________________(Rupees__________________ ____________________) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s.__________________ _________________and/or that any dispute or disputes are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said______________ ____________________but shall inall respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees__________________________________ Our guarantees shall remain in force until_____________________________________________ unless a suit or action to enforce a claim under this Guarantee is filed against us within six months from _____________________________(which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to sign & issue this under the Power of Attorney dated __________________granted to him by the Bank.

Yours faithfully

Bank by its Constituted Attorney :

Signature of a person duly authorised to sign on behalf of the bank.

NUMALIGARH REFINERY LIMITED

General Purchase Conditions (Imports)

Definition :

1) NRL means Numaligarh Refinery Limited.

2) “Vendor” means a Person or Firm or Company, to whom the order is addressed, for supply of goods and/or

services.

3) Bankers : Unless otherwise specified, NRL’s banker at Guwahati, Assam (India), shall be : State Bank of

India, GMC Branch, Bhangagarh, Guwahati, Pin : 781005, Bank Code : 0077.

4) NRL’s banker at Numaligarh, Assam (India), shall be : State Bank of India, NRL Complex, P.O. NR

Project, Pin : 785699, Dist. Golaghat, Assam. Bank Code : 5377.

5) NRL's banker for currencies of other countries : State Bank of India, Commercial Branch, Bee Kay Tower,

Ganeshguri, Guwahati, Assam, India, PIN - 781006, Fax No. +91 361 2231825 Tel. No. +91 361 2231745.

1. Price Basis Prices shall be quoted on FOB (FAS in case of USA) Port/Airport of Despatch,

The quoted prices must be inclusive of sea/air-worthy packing and forwarding

charges, inland freight, loading, insurance and all taxes, duties, levies, bank

charges, stamp duties etc. upto FOB Port/Airport of despatch.

Ocean/Air freight upto India, transit insurance, all taxes, duties, levies, bank

charges, stamp duties etc. payable in India shall be borne by NRL.

2. Firm Price The price quoted shall remain firm and fixed till complete execution of the order.

3. Payment Term Unless otherwise agreed, the payment term shall be - 100% through irrevocable

Letter of Credit against despatch documents through bank.

4. Performance Bank

Guarantee (PBG)

PBG for 10% of Total Order Value (if required as per enquiry documents), shall

be furnished as per proforma enclosed and shall be either through the branches of

Indian Public Sector Banks operating in your country or counter guaranteed by the

branches of these banks in your country.

The PBG shall be furnished alongwith acceptance copy of the Purchase Order and

shall be valid till expiry of the guarantee period. Letter of Credit shall be

established only after receipt of the acceptance copy of the Purchase Order

alongwith the PBG (if applicable).

5. Delivery Period &

Delayed Delivery

The delivery period quoted/agreed shall be strictly followed. Failing supplies in

time, NRL reserves the right to cancel the order and take alternative procurement

action solely at the risk and cost of the vendor.

In case of delay in execution of the order, NRL may at its option, recover from the

vendor a price reduction of 0.5% of the value of delayed goods per week of delay

or part thereof subject to a maximum of 5% of the total order value of goods.

6. Force Majeure “Force Majeure” shall mean and be limited to the following : “War/Hostilities,

Riot or Civil Commotion, Earthquake, Flood, Tempest, Lightning or other natural

physical disaster, Strike or Lock-out (only those exceeding 10 continuous days in

duration) affecting the performance of the vendor’s obligations, Restrictions

imposed by the Government or other statutory bodies which prevents or delays the

execution of the order.

7. Weights &

Measurements

All weights and measurements recorded by NRL on receipt of materials shall be

treated as final and binding.

8. Packing, Marking

Shipping &

Documentation

All consignments must be securely and appropriately packed and should conform

to Standard Material Transport Regulations. The vendor will be held liable for any

damages to the goods due to insufficient or defective packing as well as for

corrosion due to insufficient protection.

Each package shall be clearly marked with indelible paint with the Purchase

Order No., From (Name & Add.), To (Name & Add.), Port of Destination, Item

Net & Gross Weight, Case No. (Sl. No. of Total Cases) & Dimensions, and shall

contain copies of despatch documents and packing list.

Details given in the “Packing, Marking, Shipping and Documentation

Specification for Imported Materials” – enclosed with a Purchase Order, shall be

strictly followed.

Page 1 of 4

of 4 General Purchase Conditions (Imports)

9. Inspection &

Testing

The goods are to be inspected throughout the phases of production from raw

material to finished product by vendor’s own Works Inspector. Shipping

documents in respect of each consignment should be accompanied by a certificate

issued by Works Inspector indicating the tests conducted with results thereof as

required under the relevant specifications as indicated in the Purchase Order.

In addition, NRL or NRL’s authorised representative/agency shall have rights to

thoroughly inspect and test the goods at every stage of progress till such time as

the inspector may deem fit and to reject any or all goods which donot conform to

the specification of the Purchase Order and the inspector’s decision on every

question of intent and meaning of specification shall be final and conclusive. The

certificates issued by the said inspector to this effect shall form part of shipping

documents and clearly indicate the tests conducted with the results thereof as

required under the relevant specifications.

10. Guarantee Vendor shall guarantee NRL against any defects in design, workmanship of the

supplied goods and performance for a period of 12 months from the date of

commissioning/installation or 24 months from the date of last despatch,

whichever expires first. Should any defects develop during the guarantee period, it

should be remedied promptly free of cost by the vendor and all expenses for

transportation of goods necessitated for such repairs or replacement shall be borne

by the vendor. The guarantee period for such repaired/replaced goods shall again

be 12 months from the date of commissioning/installation.

11. Bill of Lading

(BL)/Airway Bill

(AWB)

BL/AWB shall be ‘clean’ made in favour of Numaligarh Refinery Limited or

order of the bank (and not order of shipper) and the notify column should indicate

Numaligarh Refinery Limited, Numaligarh, Assam, India.

Immediately after shipment, two non-negotiable copies of BL/AWB shall be

air-mailed to ‘The Shipping Co-ordination Officer, Ministry of Shipping &

Transport, New Delhi – 110001.’

12. Statutory

Requirements

The following paragraph must be incorporated in the BOL/AWB and Invoices :

“The imports are covered under the Export and Import Policy 2004-2009. The

items donot fall under the ‘RESTRICTED ITEMS’ of the Policy and hence no

Import Licence is required. The items being imported also donot fall under the

‘NEGATIVE LIST OF IMPORT’ of the Policy.”

13. Port/Airport

Consignee

M/s Balmer Lawrie & Co. Ltd.,

A/c Numaligarh Refinery Limited,

21, Netaji Subhas Road,

Calcutta – 700 001. (Fax No. 091-033-22134698, 22225282).

NOTE : Vendor shall send two copies of shipping documents immediately after

shipment by air-mail courier to the port consignee also apart from those sent to

NRL.

14. Ultimate Consignee M/s Numaligarh Refinery Limited,

Numaligarh Refinery Project Site, Numaligarh,

Dist. Golaghat (Assam), INDIA.

15. Shipping

Documents

a) Negotiable BL or AWB, as the case may be, evidencing shipment.

b) Invoice for Shipment.

c) Country of Origin Certificate from the Local Chamber of Commerce.

d) Packing List.

e) Certificate of Quality including Inspection Reports & Works Test

Certificates.

f) Shipping Release from Inspector or Quality Surveillance Agency nominated

by NRL for the purpose of Inspection (if applicable).

g) Certificate from the vendor certifying that in case of delay in delivery, price

reduction for same have been applied in the invoices submitted for payment.

The vendor shall be responsible for making available to NRL the documents

which are essential for arranging Customs Clearance in India. The vendor shall

arrange through his banker to have the documents air-mailed to NRL’s banker

without any delay.


If NRL incurs extra expenditure by way of penalty payable to the Port Trust

Authorities in India or any other such expenditure due to delay in receipt of

shipping documents, the vendor shall be responsible for making good such extra

expenditure incurred by NRL.

16. Distribution of

Documents

Invoices and other original despatch documents in case of direct payment by NRL

or, advance copies of despatch documents in case of thro’ Bank payments, shall

be sent to the Finance, Commercial & Materials Deptt. of NRL .

17. Submission of

Drawings/

Documents

In all drawings/documents sent for NRL’s approval before delivery, the nominal

value must be declared in the invoices alongwith the following certification :

i) The drawings/documents have no commercial value.

ii) Value declared is for customs purposes only.

iii) Drawings are sent for checking and shall be returned back.

In all drawings/documents sent subsequently, either of the following actions are to

be taken :

i) All final drawings/documents to be sent alongwith consignments and

incorporated in the packing list/invoices alongwith a declaration that the

value of the documents are included in the value of the equipment.

ii) All final drawings/documents to be sent separately after the delivery of

equipment with nominal value declared in the invoices alongwith the

following certification :

a) Drawings/documents have no commercial value.

b) Value declared is for customs purposes only.

18. Repeat Order Repeat Order shall be acceptable to the vendor within 6 months from the date of

the Basic Order at the same prices, terms & conditions as that in the Basic Order.

19. Part Order Part Order shall be acceptable to the vendor. However, the quantity mentioned in

the enquiry documents for each item shall be ordered on one vendor. All

applicable lumpsum charges, if any, shall be pro-rata on value basis.

20. Changes in Terms

& Conditions

NRL reserves the right to make changes at any time in quantities of items ordered

or in specification and drawings. If such changes cause an increase or decrease in

the amount due or in the delivery period , an equitable adjustment shall be made.

Any claim for adjustment under this provision must be assessed within 10 days

from the date when the changes are ordered by NRL.

21. Conflict among

other Terms and

Conditions

In case of conflict between these General Terms & Conditions and any other

special or typed conditions agreed to for a particular order, the latter shall prevail

to the extent applicable.

22. Non Assignment The Purchase Order shall not be assigned by the vendor to any other party without

prior written permission from NRL.

23. Arbitration In case of any question, dispute or difference whatsoever arising between NRL

and vendor, it shall be endeavoured to settle the same amicably, failing which

either party may forthwith give to the other notice in writing on the existence of

such question, dispute or difference and the same shall be referred to the

adjudication of two arbitrators – one to be nominated by NRL and the other by the

vendor or, in the case of the said arbitrators not agreeing, then to the adjudication

of an Umpire to be appointed by the arbitrators. The award of the arbitrators, or in

the event of their not agreeing that of the Umpire shall be final and binding on the

parties and the provisions of the Indian Arbitrtion and Conciliation Act, 1996 and

the Rules thereunder and any statutory modification thereof shall be deemed to

apply and be incorporated in the order. The venue of such Arbitration shall be

Guwahati, Assam, India.

Upon every such reference, the cost of and incidental to the reference and award

respectively shall be at the discretion of the Arbitrator or of the Umpire as the case

may be, who may determine the amount thereof and direct the same to be taxed as

between solicitor and client, or as between party and party and shall direct by

whom and to whom and in what manner the same shall be borne and paid.


Work under the order shall be continued by the vendor during the Arbitration

proceedings, unless otherwise directed in writing by NRL or unless the matter is

such that the work cannot possibly be continued until the decision of the

arbitrators or by the Umpire as the case may be, save as those which are otherwise

expressly provided in the order, no payment due payable by NRL shall be

withheld on account of such arbitration proceedings unless it is the subject matter

thereof.

24. Spare Parts Before going out of production of the spare parts, the vendor shall give adequate

advance notice to NRL so that NRL may order requirements, if it so desired.

Further, the vendor shall guarantee that in the event of going out of production of

spare parts, the blue prints, drawings of spare parts and specification of materials

shall be furnished at no extra cost to NRL in order to enable NRL fabricate or

procure the spare parts from other sources.

The provision of the above clause shall remain effective and binding upon the

vendor till the plant/machinery/equipment/instrument supplied under the order is

in use by NRL.

25. Offer Validity The vendor’s offer shall be valid for acceptance for a period of 4 months from the

final due date of the enquiry.

26. Service applicable

with procurement

Service portion like Erection/Installation/supervision/Testing/Trial

Run/Commissioning/Training/ after sales service etc. wherever applicable with

the procurement, shall be quoted separately by overseas vendor. If the service

portion is to be done by any Indian counterpart, it shall be quoted only in Indian

Rs. A separate service PO shall be placed on the Indian Counterpart for the

service portion.

27 Indian Agent An Indian Agent cannot represent two foreign suppliers or quote on their behalf in

a particular tender.

Agency Commission if applicable, should be mentioned separately and will be

paid only after registration with DGS&D, New Delhi. The commission payable to

the Indian agents of foreign suppliers should be made only in Indian Currency.

***


Packing, Marking, Shipping and Documentation Specifications for IMPORTED Materials

1.0 GENERAL :

This specification forms an integral part of the Purchase Order in addition to specifications drawings and

instructions explicitly listed in the Purchase Order. These details shall be strictly adhered to & any loss to

NRL arising out of non-compliance (unless authorised differently) shall be to vendor’s account.

2.0 PACKING :

2.1 Packing shall withstand hazards normally encountered with the means of transport for the goods of the

Purchase Order including loading/unloading operation both by crane and by pushing off. All packaging

shall be done in such a manner as to reduce volume & weight as much as possible, without jeopardising the

safety of the material. All packing materials shall be new and unless otherwise specified, shall be packer’s

standard for export shipments.

2.2 Fragile articles should be adequately packed with special packing materials depending on type of materials.

2.3 Chemicals in powder form, Catalysts, Refractories and like materials shall be packed in drums only.

2.4 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of

all cognizent Governmental Authorities and other Governing bodies . It shall be the responsibility of the

vendor to designate the materials as hazardous and to identify each material by its proper commodity name

and its hazardous material class code.

2.5 Pipes shall be packed as under:

a) Up to 50mm NB in wooden cases/crates.

b) Above 50mm NB and up to 100 mm NB in bundles and the bundles should be strapped at

minimum three places.

c) Above 100mm NB in loose.

Individual cases/bundles must contain the pipes of same size and length. End should be capped.

2.6 Pipes/tubes made of stainless steel , copper etc. shall be packed in wooden cases irrespective of sizes.

2.7 All delicate surface on equipment/material should be carefully protected and painted with protective paint

/compound and wrapped to prevent rusting and damage.

2.8 All mechanical & electrical equipment and other heavy articles should be securely fastened to the bottom

of the case and shall be blocked and braced to prevent movement and damage.

2.9 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 markings are made to

avoid damage to package/equipment while lifting.

2.10 All threaded fittings and pipes should be greased and provided with plastic caps.

2.11 Attachments and Spare Parts of equipments and all small pieces shall be packed separately in wooden cases

with adequate protection inside the case and wherever possible should be sent alongwith the main

equipment. Each item shall be tagged so as to identify it with the main equipment and part number and

reference number shall be indicated.

2.12 All protrusions shall be suitably protected and openings shall be blocked by wooden/steel covers as may be

required.

2.13 Wherever required, equipments/materials shall be packed in polythene bags and silicagel or similar

dehydrating compound shall be put inside the bags to protect them.

2.14 The vendor shall be held liable for all damages or breakage to the goods due to the defective or insufficient

packing as well as for corrosion due to insufficient protection.

2.15 Detailed casewise packing list in waterproof envelope shall be inserted in each package together with

eqipment/material. One copy of “Detailed packing list” shall be fastened outside of the package in

waterproof envelope and covered by metal cover. In case of bigger dia. pipes and large equipments,

documents contained in the envelope shall be fastened inside a shell connection with an identifying arrow

sign – “Documents” applied with indelible paint.

Contd…2


2.16 Packaged equipments or materials showing damage, defects or shortages resulting from improper

packaging materials or packing procedures or having concealed damages or shortage at the time of

unpacking, shall be subject to rejection and replacement at no additional cost to NRL.

3.0 MARKING :

3.1 Each package shall be marked on three sides with proper paints/indelible waterproof ink as follows :

N

R L

VIA (Name of Port) INDIA

Purchase Order No. …………………………………………………..

Net Wt. ……………… Kgs. Gross Wt. …………….. Kgs.

Dimensions ………………………….

Package No. (Sl. No. of Total Packages) …………………….

Tag / Item No. ……………………………..

Country of Origin ………………………………

Shipper’s Name ……………………………….

3.2 A distinctive colour splash in three strips of Green, Yellow and Red around each package and on corners

of pipes and plates shall be given to facilitate identification.

3.3 Additional marking such as ‘HANDLE WITH CARE’, ‘THIS SIDE UP’, FRAGILE’ or any other

additional indications for protection and safe handling shall be added depending on the type of the

materials. All cases shall bear warning sign on the outside denoting ‘CENTRE OF GRAVITY’ and

‘SLING MARKS’.

3.4 Letters, figures, marks etc. used for marking shall be stencil printed. Handwriting should be avoided as far

as possible. Size of letter shall be optimum for each package dimensions.

3.5 In case of bundles or other packages wherever marking cannot be stenciled, the same shall be embossed on

metal or similar tag and wired securely at minimum two convenient points and both ends shall be

protected/covered with gunny bags upto 18 †. In case of loose pipes, sticker of above markings should be

pasted on inner wall corner of each pipe on both sides.

4.0 SHIPMENT :

All shipment of materials shall be made by First class direct vessels. All shipments shall be under deck

unless carriage on deck is unavoidable.

5.0 DOCUMENTATION :

5.1 All documents shall be in English Language

5.2 DOCUMENTS REQUIRED BEFORE SHIPMENT :

Two months before the contractual delivery date, proforma packing lists and sketches of Over Dimensional

Cargo (two sets) shall be air-mailed to NRL

The Over Dimensioned Cargo shall mean any package exceeding any of the following limits :

WEIGHT : 20 MT

LENGTH : 10 METERS

WIDTH : 2.5 METERS

HEIGHT : 2.5 METERS.

Contd …3


5.3 DOCUMENTS REQUIRED AFTER SHIPMENT :

5.3.1 Vendor shall air-mail the shipping documents stated here-in-below after the shipment has been made so

that the same are received at least two weeks prior to the arrival of vessel at destination Port. Copies to Port

Office must be sent immediately through International Courier.

The vendor shall be fully responsible for any delay and/or demurrage that may become payable at

destination Port on account of delay in transmittal of shipping documents.

Copy of Documents NRL Site NRL Guwahati NRL Kolkata

Bill of Lading

2

-

1

Commercial Invoice 2 - 1

Detailed Packing List 2 - 1

Freight Memo 1 - 1

Test Certificate 1 - 1

Country of Origin Certificate 1 - 1

Certificate of Measurement & Weight 1 - 1

Catalogue and/or Drawing 1 - 1

Payment Certificate (as per proforma

appended below)

1 - 1

NOTE : I) In addition to above, complete set of original documents are required to be sent to NRL

through Bank in terms of Credit.

II) Proforma for payment certificate.

TO WHOM IT MAY CONCERN

THIS IS TO CERTIFY THAT AGAINST PURCHASE ORDER NO. ………………………

DATED ……………… WHICH INCLUDES AMENDMENT ORDER (IF ANY) NO.

…………………………………… DATED………… PLACED BY M/S NUMALIGARH REFINERY

LIMITED WE HAVE RECEIVED (*) PART/FULL PAYMENT OF ………………………………..

THROUGH LETTER OF CREDIT NO……………………… OPENED BY

………………………………………….(*) PLUS EQUIVALENT OF ………………………………… IS

PAYABLE TO OUR INDIAN AGENT M/S …………………………………………… IN INDIAN

RUPEES AS PER PURCHASE ORDER.

(*) DELETE WHICHEVER NOT APPLICABLE.

5.3.2 In case of air shipment, one set of non-negotiable documents consisting of Commercial Invoice (ink

signed), Packing List, Country of Origin Certificate, Technical Literature shall be handed over to Airlines

with the instructions that the same should be handed over alongwith cargo arrival notice and copy of airway

bill to destination Airport notify party.

5.4 BILL OF LADING

Bill of Lading shall be “Clean on Board”. Ocean Bill of Lading shall be made in favour of Numaligarh

Refinery Ltd. or order of the bank (and not order of the shipper).

5.5 COMMERCIAL INVOICE

Commercial Invoice shall inter-alia, indicate (i) PO No. & Date (ii) Import Licence Number (iii) Customs

Contract Registration Reference (to be intimated later) and (iv) Country of Origin Certificate. Besides, the

description of goods in the invoice, shall be in conformity with the description of goods given in the

Purchase Order. Invoice value shall be for the materials actually shipped . In case of chemicals/hazardous

cargo, Flash-Point should be indicated in all documents and separate certificate giving composition and

Flash-Point shall be sent.

Contd … 4


5.6 PACKING LIST

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.

In case of Pipes and Plates in bundles, number of Pipes/Plates with individual length in each bundle must

be indicated.

6.0 SHIPPING ADVICE

6.1 Within 24 hours after shipment, the vendor shall send shipping advice by way of fax to NRL giving

particulars of the shipment, Vessel’s name/Airlines, Flight number and date on which material actually left

(and not tentative flight number and date), Port of Shipment, Bill of Lading number and date, contents in

brief, Purchase Order number, total FOB value, number of packages, total gross weight, ETD & ETA of

vessel. In case of air shipment through consolidation services, information must contain both Master

Airway Bill No. and House Airway Bill No..

6.2 In case free replacement/supply of Components/Parts, the vendor shall advise by fax above despatch

particulars along with specific statement ‘Free Supply’, Value for Customs purposes only and particulars of

original shipment i.e. Vessel’s name, Bill of Lading No. and date, Invoice Number etc. and send to NRL.

7.0 TRANSIT RISK INSURANCE

All equipment/material shall be insured against all marine and transit risks on warehouse-to-warehouse

basis by NRL. However, the vendor shall ensure that the effecting shipments clean Bill of Lading is

obtained and carriers responsibility is fully retained on the carrier so that consignees interests are fully

safeguarded and are in no way jeopardise.

8.0 SHORT SHIPMENTS

Vendor should thoroughly check all items packed before shipment. If any item(s) are found short packed

in sound boxes on examination at NRL site by NRL, vendor shall be responsible to supply short packed

items free of charge on receipt of advise from NRL. Vendor shall also be responsible to bear the import

duty levied by Indian Customs on such short packed items.

9.0 Vendor shall advise freight forwards to indicate on the bill of lading/airway bill that the subject import into

India is as per provision under para 80 of Hand Book of Procedures (April 1990 - March 1993) of Import

& Export promotion.

***


General Purchase Conditions (Indigenous)

Definition :

1. ‘NRL’ means ‘Numaligarh Refinery Limited.’

2. ‘Vendor’ means a Person or Firm or Company, to whom the order is addressed, for supply of goods and/or

services.

3. Banker : Unless otherwise specified, NRL’s banker at Numaligarh shall be : State Bank of India, NRL

Complex, P.O. NR Project, Pin : 785699, Dist. Golaghat, Assam. Bank Code : 5377.

1. Price Basis Prices are to be quoted on FOT NRL Site, Numaligarh basis (or, FOT NRL

Guwahati/New Delhi/Calcutta basis, as the case may be) showing break-up of taxes,

duties, packing & forwarding, freight and transit insurance charges, (all in % age).

2. Firm Price Quoted prices shall remain firm and fixed till complete execution of the order.

3. Payment Term Unless otherwise specified/agreed, the payment term shall be “100% within 30 days of

receipt and acceptance of goods.”

4. Weights &

Measurements

All weights and measurements recorded by NRL on receipt of materials shall be

treated as final and binding.

5. Qty. Tolerance For Steel Items, ± 0.5% qty. tolerance for weigh bridge scale variation or, std. rolling

tolerance (as applicable) for sectional weight measurements shall be permissible.

6. Transportation Unless otherwise agreed upon, transportation of goods upto the specified destination

shall be in vendor’s scope.

7. Despatch Unless otherwise specified, all LR/RR etc. must be in the name of Numaligarh

Refinery Limited and not ‘Self’. Any demurrage or wharfage paid by NRL to the

carriers due to consignments being booked as ‘Self’ will be recovered from the

vendor. No consignment shall be booked on ‘Said to Contain’ basis. If so, it will be at

vendor’s own responsibility and risk.

8. Packing,

Marking

Shipping &

Documentation

All consignments must be securely and appropriately packed and should conform to

Standard Material Transport Regulations. The vendor will be held liable for any

damages to the goods due to insufficient or defective packing as well as for corrosion

due to insufficient protection.

Each package shall be clearly marked with indelible paint with the Purchase Order

No., From (Name & Add.), To (Name & Add.), Destination, Item Net & Gross Weight,

Case No. (Sl. No. of Total Cases) & Dimensions, and shall contain copies of despatch

documents and packing list.

Details given in the “Packing, Marking, Shipping and Documentation Specification for

Indigenous Materials” – wherever enclosed with a Purchase Order, shall be strictly

followed.

9. Test Certificate Test certificate of representative samples conforming to PO specifications from the

manufacturer/Govt. approved laboratory/NRL nominated agency must be furnished

alongwith supplies.

In case of 3rd

Party Inspection, the Inspection Reports must accompany all despatch

documents as well as supplies.

10. Guarantee Vendor shall guarantee NRL against any and all defects in design, workmanship of

material and performance for a period of 12 months from the date of

commissioning/installation or 24 months from the date of last despatch, whichever

expires first. Should any defects develop during the guarantee period, it should be

remedied promptly free of cost by the vendor and all expenses for transportation of

goods necessitated for such repairs or replacement shall be borne by the vendor. The

guarantee period for such repaired/replaced goods shall again be 12 months from the

date of commissioning/installation.

11. Insurance

Charges

Transit insurance shall be in NRL’s scope only when specifically agreed upon. In such

cases, vendor shall intimate despatch details and value of goods in advance per fax for

transit insurance coverage.

12. Bank Charges Unless otherwise specified, in case of payment through bank, respective bank charges

shall be to respective account.

13. Offer Validity The vendor’s offer shall be valid for acceptance for a period of 90 days from the final

due date of the enquiry.

Page 1 of 2

of 2

[ NUMALIGARH REFINERY LIMITED

General Purchase Conditions (Indigenous) ]

14. Taxes & Duties In case of applicability of Excise Duty (ED), relevant ED paid challan-cum-invoice

must accompany supplies. For claiming Sales Tax, particulars of Sales Tax registration

certificate shall be furnished alongwith invoices.

Statutory variation in taxes & duties within the contractual delivery period shall be

borne by NRL.

However, in case of delay on a/c of vendor, any new or additional taxes & duties

imposed after the contractual delivery date shall be borne by the vendor.

NRL’s CST Regd. No. : GAU(C )/C-2705. PAN No. : AAA CN 6984B

Excise Regd. No. : 1/CH-27/GLT(060202)/94; ECC : 060204001P; Excise Range :

Golaghat – 1 (Assam); Division : Jorhat (Assam); Collectorate : Shillong

(Meghalaya).

15. Delivery Period

& Delayed

Delivery

The delivery period quoted/agreed shall be strictly followed. Failing supplies in time,

NRL reserves the right to cancel the order and take alternative procurement action

solely at the risk and cost of the vendor.

In case of delay in execution of the order, NRL may at its option, recover from the

vendor price reduction of 0.5% of the value of delayed goods per week of delay or part

thereof subject to a maximum of 5% of the total order value of goods.

16. Repeat Order Repeat Order shall be acceptable to the vendor within 6 months from the date of the

Basic Order at the same prices, terms & conditions as that in the Basic Order.

17. Part Order Part Order shall be acceptable to the vendor. However, the quantity mentioned in the

enquiry documents for each item shall be ordered on one vendor. All applicable

lumpsum charges, if any, shall be pro-rata on value basis.

18. Changes in

Terms &

Conditions

NRL reserves the right to make changes at any time in quantities of items ordered or in

specification and drawings. If such changes cause an increase or decrease in the

amount due or in the delivery period, an equitable adjustment shall be made. Any

claim for adjustment under this provision must be assessed within 10 days from the

date when the changes are ordered.

19. Right of

Rejection

NRL reserves the unfettered right to reject any or all offers without assigning any

reasons thereof.

20. Arbitration Any dispute whatsoever in any way arising out of or relating to a Purchase Order shall

be referred to arbitration of the Chief Executive of Numaligarh Refinery Limited or,

to the sole arbitration of some person nominated by him. There shall be no objection if

the arbitrator so appointed happens to be an employee of NRL. The award of the

arbitrator shall be final, conclusive and binding on all parties.

21. Jurisdiction Any dispute relating to the purchase of goods between NRL and vendor shall be

subject to the jurisdiction of a Court of Law situated in the State of Assam.

22. Acceptance of

Order

In the event of order being placed, the vendor shall acknowledge receipt and

acceptance in toto to the Purchase Order by signing and returning the duplicate copy

within 10 days from the date of the order, failing which, the Purchase Order shall be

deemed to have been accepted by the vendor in toto.

23. Distribution of

Documents

Invoices and other original despatch documents in case of direct payment and advance

copies of despatch documents in case of thro’ Bank payments, shall be sent to the

Finance, Commercial & Materials Deptt. of NRL individually.

24. Conflict among

other Terms

and Conditions

In case of conflict between these General Terms & Conditions and any other special or

typed conditions agreed to for a particular Purchase Order, the latter shall prevail to the

extent applicable.

25. Non

Assignment

The Purchase Order shall not be assigned by the vendor to any other party without

prior written permission from NRL.

26. Control

Regulations

Vendor shall arrange for supply and despatch in strict conformity with the control

regulations applicable and after obtaining permits, if any, under the regulations in

force from time to time.

27. Govt. Policy The existing policy of the Government of India with regard to Purchase Preference to

Public Sector Enterprises shall be applicable.

***

PROFORMA OF BANK GUARANTEE FOR IMPORTED PURCHASE

(PERFORMANCE)

Dear Sirs,

In consideration of the M/s Numaligarh Refinery Limited, 147, Udayan, R.G. Baruah Road, Guwahati -

781 005, India (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 Supplier” which expression shall wherever the subject or context so permits include its

successors and assigns) a supply contract in terms inter-alia, of the Company(s) letter No. …………………….. dtd.

…………… and the General Purchase Conditions of the Company and upon the conditions of supplier’s furnishing

for the performance of supplier’s obligations and/or discharge of supplier’s liability under and/or in connection with

the said supply contract upto a sum of (in figures) ……………………………. (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 the Company in (currency) forthwith on first demand in writing and without protest or demur

any and all moneys anywise payable by the Supplier to the Company under, in respect or in connection with the said

supply contract inclusive of all the Company’s losses and damages and costs (inclusive between attorney and client),

charges and expenses and other moneys anywise payable in respect of the above specified in any notice of demand

made by the Company to the Bank with reference to this guarantee upto an aggregate limit of (in figures)

………………………. (in words) ………………………………….. ………………only.

And the Bank hereby agrees with the Company that :

i) The guarantee/undertaking shall be a continuing Guarantee/Undertaking and shall remain valid and

irrevocable for all claims of the Company and liabilities of the Supplier arising upto and until midnight of

……………………..

ii) This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that the

Company may now or at any time any wise have in relation to the Supplier’s obligations/liabilities under

and/or in 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 full liability hereunder.

iii) The Company shall be at liberty without reference to the Bank and without affecting the full liability of the

Bank hereunder to take any other security in respect of the Supplier’s obligations and/or liabilities under or

in connection with the said supply contract, and to vary the terms vis-a-vis the supplier of the said supply

contract or to grant time and or indulgence to the supplier or to reduce or to increase or otherwise vary the

prices of the total contract value or to release or to forebear from enforcement of all or any of the

obligations of the supplier under the said supply contract and/or the remedies of the Company under any

other security (ies) now or hereinafter held by the indulgence /or arrangements with the supplier or release

or forebearence whatsoever which under the laws relating to securities shall but for these Provisions 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 or affected by the liquidation or winding up dissolution

or change of constitution or insolvency of the supplier but that in all respects and for all purpose be binding

and operative until payment of all moneys payable to the Company in terms hereof.

Contd… 2

PROFORMA OF BANK GUARANTEE FOR IMPORTED PURCHASE (PERFORMANCE)

v) The Bank hereby waive all rights at any time inconsistent with the terms of this Guarantee/Undertaking and

the obligations of the Bank in terms thereof shall not be any wise affected or suspended by reason of any

dispute or disputes having been raised by the supplier (Whether or not pending before any Arbitrator

Officer, Tribunal or Court) or any denial of liabilities by the supplier or any other order of communication

whatsoever by the supplier 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 Bank as liable to be paid to

the Company by the supplier 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 exclusive 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 Bank to Company in terms hereof.

v) Not withstanding anything contained herein above, unless a claim or demand under this guarantee is made

against the bank within six months from the date of expiry of the Guarantee, all the rights of the company

under this guarantee shall be forfeited and the bank shall be released and discharged from all liability

hereunder unless this guarantee shall have been previously extended.

C:\My Documents\GPCs Etc.(Final)-1.rtf

PROFORMA OF BANK GUARANTEE FOR INDIGENOUS PURCHASE

(PERFORMANCE)

This deed of Guarantee made this …………………………………….day of …………… ………. by ……………(Name

of the bank) Company registered under ……………………………… and having its registered office at

………………………………………………………………….. and wherever the context so requires includes its

successors and assigns (hereinafter called “The Surety”) for the favour of M/s Numaligarh Refinery Limited, a company

under Public Sector, registered under Indian Companies Act of 1956 having its registered office at Lotus Tower, G.S.

Road, Guwahati-781005 wherever the context so requires includes its successors and assigns (hereinafter called as “The

Company”).

WHEREAS

1. The Company has placed an Order No. .………………………. Dated …………………… (hereinafter referred

to as “the order”) with M/s ………………………………… a company registered under Indian Companies Act

1956 having its registered office at …………………… ……………………………………….. and whereas the

context so requires includes its successors and assigns (hereinafter called or referred to as “the Supplier”.

2. Under the terms of the order, the Supplier is required to furnish the Company at his own cost a Bank Guarantee

for an amount of Rs. ……………….., being the amount equivalent to … …… percentage of the total value of the

order for fulfilling the contract.

3. The Surety at the request of the Suppliers, agreed to issue Bank Guarantee in terms of the said order on behalf of

the Supplier and the Company has agreed to accept the same. It is hereby stipulated and agreed that the Supplier

shall repair or replace free of cost Equipment, Machinery, its parts and components found defective on account of

workmanship or defective material or inferior manufacturer, as mentioned in Warranty and Guarantee Clause of

the Order for period of …………… from the date of commissioning/installation OR from the date of delivery.

4. The Surety binds himself to pay to the extent of ………………………. Rs. …………….. in case of failure on the

parts of the Supplier to perform this Guarantee provided the Company informs the Surety in writing to this effect.

5. Notwithstanding anything contained hereinafter the liability of the Surety in respect of this Guarantee is restricted

to Rs. ………………. (Rupees ……………………………………… only) and it will remain in force till

………………. This Guarantee will remain in force upto …………………….. in the first instance. However, if

the contract for which this Guarantee is given is not completed or fully performed, the Surety (Bank) hereby

agrees to further extend the Guarantee till such time as is required to fulfil the contract.

6. The Surety shall not be discharged or released from this Guarantee by any arrangement between the Company and

the Supplier with or without the consent of the Surety or by any alteration in the obligation of the parties or by

any indulgence, forbearance, whether as to payment, time performance or otherwise.

In witness whereof the said Surety Subscribed and set its name and seal hereupto ………………….. the day.

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