tender document

Indian Oil Corporation Limited E-tendering: PHBCM14012

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E-Tendering: PHBCM14012

FOR

Procurement of Batteries for Barauni RCPs.

Issued by Sr. Materials Manager,

Indian Oil Corporation Limited, Paradip Haldia Barauni Pipeline,

Vill: Kashberia, PO: Khanjanchak, Haldia 721602

Ph-03224- 275010 FAX-03224-274025


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INDIAN OIL CORPORATION LIMITED (PIPELINES DIVISION)

PARADIP-HALDIA-BARAUNI PIPELINE P.O. KHANJANCHAK, HALDIA-721 602, (W.B.)

E-TENDER NO : PHBCM14012 DATE : 18.07.2014

I N D E X

Sr. No Subject No. of Pages Part I : TECHNICAL BID ( Page 1 to 38) Inner Cover 1 Index 2 Issue Letter of Tender Document 3 Notice Inviting Tender 4-6 Technical Specifications 7-9 Commercial Checklist 10-11 General Conditions of Purchase 12-24 Annexure-A, Addendum to General Conditions of Purchase 25 Instruction to Tenderer 26-35 Annexure-B, Declaration of no relationship with Director 36-37 Annexure-C, Special Instruction to Tenderers 38


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PARADIP-HALDIA-BARAUNI PIPELINE P.O. KHANJANCHAK, HALDIA-721 602, (W.B.)

TENDER NO : PHBCM14012 , DATE: 18.07.2014

TENDER DOCUMENT FOR : Procurement of Batteries for Barauni RCPs

ISSUE LETTER OF TENDER DOCUMENTS

ONE SET OF TENDER DOCUMENT CONSISTING OF THE FOLLOWING:

PART I : TECHNICAL BID

Issued to: Name of the: M/s ________________________ Tenderer & Address : _____________________ ____________________

___________________________

Payment vide Receipt/Demand Draft No. ________ dated _________

for & on behalf of INDIAN OIL CORPORATION LIMITED

PHBPL HALDIA

(Sr. MATERIALS MANAGER)

SL. NO. __________


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Pipelines Division PHBPL Haldia Notice Inviting E-Tender

Indian Oil Corporation Ltd. invites online electronic bids through its website https://iocletenders.gov.in under Two-Bid systems from eligible bidders for the following work:

NIT No./Description of Item Download Period Contact Persons

PHBCM14012 Procurement of Batteries for Barauni RCPs

18.07.2014 to

31.07.2014 Sr. Materials Manager, Phone: 03224-275010 03224-278386

Fax: 03224-274025 E-Mail:[email protected]

[email protected]

Online Bid Preparation & Submission

26.07.2014 to

31.07.2014 Please visit our website www.iocletenders.gov.in for further details of this tender


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PARADIP-HALDIA-BARAUNI PIPELINE P.O. KHANJANCHAK, HALDIA-721 602, WEST BENGAL

NOTICE INVITING E-TENDER

E-tenders are invited in Two Bid system from bonafide, experienced contractors with good financial standing & reputation and fulfilling the qualifying requirements stated hereunder:

1 Name of Work Procurement of Batteries for Barauni RCPs 2 Tender No./ Type of tender E-tendering: PHBCM14012 3 Division PIPELINES DIVISION 4 Area Electrical 5 Type of tender National Open e-Tender 6 Start date for download of

Tender document 18.07.2014

7 Last date for download of Tender

31.07.2014 upto15.00 Hrs

8. Online Bid preparation & Submission

26.07.2014 to 31.07.2014 up to 15:00 Hrs.

9. Online Bid opening 04.08.2014 at 15:00 Hrs.

10. Earnest Money Deposit (EMD) The bidder shall furnish, as part of his tender, Rs. 14326/- Earnest Money Deposit at the time of submission of the tender. The EMD shall be submitted in the form of DD / Pay Order / Banker Cheque OR

Bank Guarantee OR through Electronic Clearance System (ECS) in favour of Indian Oil Corporation Ltd. Pipelines Division payable at Haldia.

Entities exempted from submission of EMD: As per MSMED Act, 2006 (or erstwhile NSIC Registered Parties), Central / State PSUs and JVs of IOC.

11. Job completion time 2(Two) Months. 12. Site Location Telwa Bazar, Ratanpur & Lakhisarai in the State of Bihar & Deoghar in Jharkhand.

13. Pre-qualification criteria The intending tenderers shall have to furnish proof of their pre-qualification and experience along with the bid. Copies submitted in support of credential shall be attested. Pre-qualification criteria will be checked at the time of techno-commercial evaluation of the offer.

a) Minimum Annual Turnover Annual Turnover of the Tenderers during any of the preceding three financial years i.e. FY 2011-12, 2012-13 & 2013-14 should be at least 08.60 lakh. Turnover for this purpose should be as per audited Balance Sheet of the company.

b) Minimum Value of Single purchase order

Single Order executed by the bidder during any of the last five years ending on the start date for download /of the tender documents should be as under: 1. Three completed orders for similar items, each order costing (on landed cost basis)

not less than the amount equal to 04.30 lakh. OR

2. Two completed orders for similar items, each order costing (on landed cost basis) not less than the amount equal to 05.73 lakh.

OR 3. One completed orders for similar items, each order costing (on landed cost basis)

not less than the amount equal to 07.16 lakh. 14. Mode of submission

Physical Bids will not be accepted.

Tender Document can be downloaded from https://iocletenders.gov.in and on


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Sd/- Place: Haldia Senior Materials Manager Date: 18.07.2014 For more information please visit our website www.iocletenders.gov.in

line bids are required to be submitted with Digital signatures on the system.

The Tenderers shall upload scanned copy of necessary documents in support of required qualification and experience along with their offer as per instruction given in the Special Instructions to Tenderers.

15. Others In case of Registration with NSIC, SSIC, the necessary copy of valid exemption

certificate is required to be furnished along with the offer.

The bidder, if is a Micro, Small or Medium enterprise as per the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006) and registered with the Authorities under the above Act for the items covered under this tender, then the party has to indicate the Entrepreneurs Memorandum Number (Twelve Digit) and enclose a copy of the certificate issued by the Authorities under the Micro, Small & Medium enterprises Development Act 2006.

Tenders shall be evaluated on the basis of total landed cost.

Use of white fluid/erasing fluid is banned and the bids will be summarily rejected.

Indian Oil Corporation Limited reserved the right to make any changes in the terms and conditions of contract and to reject any or all the bids including those received late or incomplete bids. Indian Oil Corporation Ltd. also reserves the right not to accept lowest Rates whatsoever. IOCL will not be obliged to meet and have discussions with any Tenderer and / or their Representatives.

The tender documents are non-transferable.

Price to be quoted in INR ONLY.

16. Issuing / Submission Office Address

Senior Materials Manager, Indian Oil Corporation Limited Paradip Haldia-Barauni Pipeline, Vill-Kasberia, P.O. Khanjanchak, Haldia 721602, West Bengal Ph No : 03224-275010, FAX-03224-274025 E-Mail : [email protected]


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Detailed Specification of Battery Bank

1. Lead Acid ( 2V/300AH) Battery set of capacity 48V, 300AH with all accessories having service life of 10-15 years. The Battery will be Exide model or equivalent.

2. Installation & Commissioning charges (inclusive of dismantling charges) 3. Buy-back of 48V, 300AH Old Tubular lead acid Battery Set Note: a) Torque Wrench, Cell puller, Hydrometer, Gloves & Cell voltage measuring meter to be supplied

as accessories along with each set of Battery bank. b) Supply, Installation, Testing & commissioning of battery banks will be done at following

locations: i) At Telwa Bazar RCP --- Battery Bank for CP unit (address-IOCL CP station, Telwa

bazar, Simultala, Jamui, BIHAR). ii) At Ratanpur RCP --- Battery Bank for CP unit (address-IOCL CP station, Ratanpur,

Kirakado road, Jamui, BIHAR). iii) At Lakhisarai RCP--- Battey Bank for CP unit (address-IOCL CP station, Pachna

road, Lakhisarai, BIHAR) iv) At Deoghar RCP --- Battery Bank for CP unit (address-IOCL CP station, Aam gachi,

Dumka road, Deoghar, JHARKHAND). However these batteries are to be supplied at Telwa Bazar RCP address given in Sl. No.1 above.

c) Test certificates, Guarantee/warrantee certificates & user manual to be provided at the time of supply.

d) All offers must be duly accompanied by detailed specification & catalogues.

SPECIFICATIONS

1.0 APPLICATION For use in Battery Back-up system.

1.1 Battery Capacity : 48V/ 300AH consisting of 24 nos of 2V/ 300AH battery cells 1.2 Battery Type: Tubular type Semi Maintenance Free Batteries, Exide model or equivalent

2.0 Technical Specification : 2.1 Nominal Voltage : 2 V 2.2 End Cell Voltage : 1.80 at C10 at 27 C 2.3 Life in yrs : 10-15 yrs 2.4 Self discharge : Less than 0.5% per weak storage at 27 C 2.5 AH Efficiency : > 90% 2.6 WH Efficiency : > 80% 2.7 Max allowable Ambient temp.: 50 C Continuous. 2.8 Cells to be connected by bolt & nut using lead coated heavy duty copper strips 2.9 Operating Temp : 5 C-50 C 2.11 Container : HDP transparent container to see the Distilled water level, shall be able to withstand shocks due to vibration, extreme temperature changes and shall be suitable for rough handling during transportation to remote places. 2.12 Vent Plug: shall be subjected to pressure relief test up to 10 PSI. However the vent shall release excess pressure of 2 PSI & below 9 PSI resealing shall take place. 2.13. Nuts & Bolts : Stainless steel or lead coated copper/brass nuts & bolts shall be provided.


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2.14 Marking : The following information shall be marked on the battery. a) Verification of Manufacturer and type number b) Serial number of battery or cell c) Month and Year of manufacture d) AH capacity/Voltage at 10 Hour rate e) Positive and Negative Polarity

3.0 INSPECTION DETAILS 3.1 Routine Test (100%) : The following test report shall be submitted for inspection i) Verification of constructional requirements i) Verification of marking & packing j) Verification of dimension. 3.2 Acceptance tests i) Test for capacity i) Test for voltages during discharge. j) Ampere hour and watt hour efficiency tests Test reports to be submitted for all tests. 3.3 Battery layout details, clearly showing each cell mechanical construction and bank arrangement shall be furnished along with the technical offer

4.0 TECHNICAL ACCEPTANCE CONDITIONS 4.1 Packing : Battery shall be packed in wooden box. 4.2 Statutory markings such as Umbrella , Handle with care, Arrow mark should be made on the case. 4.3 The date of manufacture of the battery cell should be indicated on each cell. 4.4 Two sets of charging instruction, operation and maintenance manual to be kept in each box. 4.5 Battery Racks: Mild steel coated with Acid resistance paint. The racks will be in stair case type arrangement/construction to house the batteries. 4.7 The initial date of battery charging shall be mentioned in the test report. 4.8 The packing should be such that there is a provision for opening at the consignees end to check the material and close the same for further dispatch to the ultimate consignee in good condition. 4.9 Packing should be such that it should be capable of withstanding rigorous of one or more transportation from the first destination.

5.0 Installation and Commissioning: Vendor shall be responsible for installation and commissioning of the battery bank. The installation & Commissioning charges will be inclusive of dismantling of the existing battery banks. Commissioning means establishing Charge/Discharge property of the battery bank including back up test.

6.0 GUARANTEE The manufacturer supplying the cells/batteries to this specification shall be responsible to replace/repair free of charge to the components of the units if, owing to defective workmanship or material, they become faults within a period 24 months from the date of commissioning. 6.1 The shelf life of the battery shall be 6 months.

7.0 The supplier shall submit the following along with offer. 7.1 Technical characteristics.


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7.2 Dimensional details with battery layout in the form of drawing & weight of the battery with and without packing. 7.3 Inter connect details with specification & drawing. 7.4 Recommended charging procedures

8.0 Distribution of Battery Banks and the Battery Stands 8.1 48 nos. Batteries are to be supplied in each RCP location i.e. Telwa Bazar, Ratanpur &

Lakhisarai in BIHAR State. However, 48 nos. batteries meant for Deoghar in Jharkhand State are to be supplied at Telwa Bazar RCP in BIHAR state.

8.2 2 (Two) nos. Battery Stands will be supplied in each RCP location i.e. Telwa Bazar, Ratanpur & Lakhisarai in BIHAR State. However, 2 (Two) nos. Battery Stands meant for Deoghar in Jharkhand State are to be supplied at Telwa Bazar RCP in BIHAR state.


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COMMERCIAL CHECK LIST

1. Validity of Offer - Acceptable / Not Acceptable (Offer should remain valid for 3 months from Opening of Technical Bid)

2. Tender Fee - By DD ( No. , Date.) (as per NIT) Issuing Bank , Branch.

3. EMD Fee - - By DD ( No. ., Date.) (as per NIT) Issuing Bank , Branch..

4. NSIC / SSI Unit - Yes (Reg. No. / No Valid upto. ) If Yes, please indicate the registration No., Validity period and enclose a copy certificate.

5. Micro, Small or - Yes / No If yes, please indicate the Entrepreneurs Medium Enterprise Memorandum Number of Twelve Digit . and enclose a copy of the Certificate issued by the

Authorities under the Micro, Small & Medium Enterprises Development Act, 2006.

6. CST/ LST /VAT : Registration No:

7..Permanent Account No (PAN):.

8. Payments terms: Acceptable (100% within 30 days after receipt & acceptance of Material) Acceptable (90% through Bank after adjusting SD or BG and balance within 30 days of receipt & acceptance of Material)

9. Delivery period - Within ..days/ weeks/ Months from receipt of P.O.

10. Delay Delivery Discount - Acceptable / Not Acceptable (We are entitled to a price discount @ % in the price of the goods delivered late for every week of delayed or part thereof, subject to a maximum discount of 5%)


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11. Security Deposit or PBG - Acceptable / Not Acceptable (10% of basic cost of materials shall be retained with IOCL as Security Deposit till the Guarantee Period. In case the Supplier opts for Performance Bank Guarantee, the same is required to be submitted by your banker directly to our Haldia Office. Bank Guarantee should be valid for 18 months from the date of despatch of materials)

12. Guarantee/Warranty - Acceptable / Not Acceptable ( 18 months from the date of despatch of material or 12 months from the date of commissioning whichever is earlier)

13. Price Basis - Ex Works, (Location) / FOR Destination

14. CST - Nil / Extra @ % with C form OR LST/ VAT NIL / Extra @ ...........%

15. Packing & Forwarding - Inclusive / Extra @ % of Basic Price

16. Excise Duty - Nil / Extra @ %

17. Freight - Inclusive / Extra @ % of Basic Price

18. West Bengal Entry Tax - Inclusive / Extra @ .%

19. E-mail address :

Signature of Tenderer with Seal


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GENERAL CONDITIONS OF PURCHASE

1.0 DEFINITIONS

1.1. The following expressions used in the Purchase Order shall have the meaning indicated against each of these. 1.1.1. The Owner means Indian Oil Corporation Ltd., a company incorporated in India having its registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 51acting through the office of the Director (Pipelines), A-1, Udyog Marg, Sector 1, Noida 201 301, and shall include its successors and assignees. 1.1.2. Goods/Equipments/ Materials: Goods /Equipments/ Materials shall mean any of the articles, materials machinery equipments, instruments, computer, control and other electronic and electrical systems, supplies, drawings, software, data and other property and all services, including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required by the owner and shall include parts, components, assemblies and sub-assemblies thereof.as per the Purchase Order. 1.1.3. Vendor: Vendor shall mean the person, firm, company or Corporation or the successor thereof, to whom the Purchase Order is issued. 1.1.4. Inspector: Inspectors or representatives deputed by Owner. 1.1.5. 1.1.6. Project: Pipeline Project or Pipeline Unit of Indian Oil Corporation Limited (Pipelines Division) for which the Material(s) is/are required. 1.1.7. Contract shall mean the contract as derived from: i) The Tender Documents; ii) Agreed Variations to the Tender Documents; iii) Vendors Priced bid; and iv) The Purchase Order. 1.1.8. Contract Document(s) shall mean individually and collectively the documents constituting the contract. 1.1.9. Free Issue Material(s) means any equipment, parts or components or spares to be supplied by Owner to the Vendor which are to be incorporated in any supply of Indigenous Material(s). 1.1.10. Purchase Order or Order means Owners acceptance of the Vendors offer/bid and includes any formal or detailed Purchase Order issued by Owner pursuant to the acceptance of the bid. 1.1.11. Tender Documents with reference to the Purchase Order mean: Material Requisition/Request for Quote; (ii) General Terms and Conditions of Purchase; (iii) Technical Specifications; (iv) Special Conditions of Purchase ( if any); (v) Addendum(a) (if any) to the Tender Documents. 1.1.12. Total Contract Value or Total PO Value means total value of the Material(s) and services to be supplied as specified in the Purchase Order, exclusive of reimbursable taxes and duties 1.1.13. Stipulated Delivery Period means the date(s) for delivery of the Material(s) as stipulated in the Contract and failing such stipulation, shall mean the date(s) for such delivery(ies) as agreed between the Vendor and the Owner.

2.0 Interpretation of Contract Documents


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2.1.1. The several Contract Documents forming the Contract are to be read together as a whole and are to be taken as mutually explanatory. 2.1.2. Should there be any doubt or ambiguity in the interpretation of the Contract Documents or in any of them, the Vendor shall prior to commencing the relative supply or work for supply under the Contract apply in writing to Owner for resolution of the doubt or ambiguity. Should the Vendor fail to apply to Owner within 7 days from the date of receipt of the Order for its clarification as aforesaid, the Vendor shall perform the relative work and/or make the relative supply at his own risk. 2.1.3. Any item of supply or service relative thereto shown, indicated or included by expression or implication in any document forming part of the Contract shall be 5 deemed to form part of the Scope of Supply with the intent that the indication or inclusion of the supply or service within any of the said documents shall be a sufficient indication of the Scope of Supply or service covered by the Contract. 2.1.4. No verbal agreement or assurance, representation or understanding given by any employee or officer of Owner or so understood by the Vendor shall anywise bind Owner or alter the Contract Documents unless specifically given in writing and signed by or on behalf of Owner as an Agreed Variation to the relative term(s) in the Contract Document(s). 2.1.5. Clause headings given in this or any other Contract Documents are intended only as a general guide for convenience in reading and segregating the general subject of the various clauses, but shall not govern the meaning or import of the clauses there under appearing or confine or otherwise affect the interpretation thereof.

3.0 Irreconcilable Conflicts 3.1.1. Subject to the provisions of Clause 3.0 hereof, in the event of an irreconcilable conflict between the provision of these General Terms and Conditions of Purchase and/or the Special Conditions of Purchase and/or Addendum (a) and/or the Agreed Variations to the Tender Documents and/or the Purchase Order and/or between any of the other said documents so that the conflicting provision(s) cannot co-exist, to the extent of such irreconcilable conflict, the following order of precedence shall apply so that the conflicting provision(s) in the document lower in the order of precedence set out below shall give way to the conflicting provision(s) in the document higher in the order of precedence, namely: (i) Agreed Variations to the Tender Documents; (ii) Purchase Order; (iii) Addendum(a) to the Tender Document; (iv) Special Conditions of Purchase; (v) General Conditions of Purchase; (vi) Other Contract Documents.

4.0 Reference for Documentation: 4.1.1. Purchase Order No. must appear on all correspondence, drawings, invoices, shipping documents, packing and on any documents connected with the order.

5.0 Confirmation of Purchase Order: 5.1.1. The Vendor shall acknowledge the receipt of the Purchase Order within 10 (ten) days following the mailing of the order and shall thereby confirm his acceptance of the purchase order in its entirety without exceptions.

6.0 Sales Conditions:


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6.1.1. With Vendors acceptance of provision of the Purchase Order he waives and considers as cancelled any of his general sales conditions.

7.0 Entire Contract: 7.1.1. The terms and conditions of the purchase order with specifications drawings and other attachments annexed thereto, constitute the entire contract between the parties hereto. Changes will be binding only if the amendments are made in writing and signed by an authorised representative of the owner and the Vendor.

8.0 Inspection Checking Testing: 8.1.1. The equipments/ materials or workmanship covered by the Purchase Order are subject to inspection and testing by Inspectors at any time prior to shipment and/ or despatch. Such inspectors shall have the right to carry out the inspection and testing at any stage which will include the raw materials, at manufacturers shop and at Fabricators shop and at the time of actual despatch before and after completion of packing. 8.1.2. All tests, mechanical and others and particularly those required by relevant codes will be performed at the Vendors expenses and in accordance with the Inspectors instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by Lloyds Register of Shipping or any other Agency, as may be required. 8.1.3. The salaries and fees of Inspectors and their travelling, lodging and boarding expenses will not be borne by the Vendor unless inspections become infructuous due to any omission or commission on the part of the Vendor. Before shipping or dispatch, the equipments/ materials will have to be checked and stamped by Inspectors who are authorised also to forbid the use and dispatch of equipments/ materials which during tests and inspection fail to comply with the specifications, codes and testing requirements. 8.1.4. The Vendor will have to: 8.1.4.1. Inform Owner/ Owners Inspector at least eight days in advance the exact place, date of time of rendering the equipments/ materials for required inspection; 8.1.4.2. Provide free access to Inspectors during normal working hours to Vendors or his/its sub-Vendors works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping. 8.1.5. It shall be the responsibility of the Vendor to ensure that only such materials as have been duly inspected and approved by the nominee of the Owner are shipped and to furnish a certificate as under: Certified that the materials have been duly inspected and approved by the prescribed authority in accordance with the terms of the contract and a copy of the Inspection Certificate in this behalf is enclosed. 8.1.6. Even if the inspections and tests are fully carried out, Vendor is not absolved to any degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per purchase order during manufacturer, at the time of delivery, and after its erection or startup and guarantee period as stipulated in Clause 30.0 hereof. 8.1.7. The Vendors responsibility will not be lessened to any degree due to any comments made by Owner/ Owners representatives and inspectors on the Vendors drawings or specifications or by Inspectors witnessing any chemical or physical tests. In any case, the equipments must be in strict accordance with the purchase order and or its attachments failing which the owner shall have the right to reject the good and hold the Vendor liable for non-performance of contract. 8.1.8. The materials shall be manufactured at the place named in the quotation or at such place or places as may be approved by the Owner.


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9.0 Expediting: 9.1.1. Owner/ Owners representatives, where-ever assigned to expedite both manufacture and shipment of equipment/ materials covered by the Purchase Order, shall have free access to Vendors shop and or sub-suppliers shop at any time and they shall be provided with all the necessary assistance and information to help them perform their job. Vendor shall furnish all document such as but not limited to schedule/PERT chart testing and delivery programme and any other information as may be called for.

10.0 Weights and Measurements: 10.1.1. The shipping documents, invoices, packing lists and all other relevant documents shall contain the same units of weights and measurements as given in the Owners Purchase Order.

11.0 Economic Transportation: 11.1.1. The equipments/ materials are to be consigned by the most economical and expeditious mode of transport to the consignee and Indian Port as specified in the Purchase Order.

12.0 Oil & Lubricants: 12.1.1. The first filling of oils and lubricants for every equipments shall be included in the price. The Vendor shall also recommended the quality and quantity of oils and lubricant required for one years continuous operations.

13.0 Spare Parts: 13.1.1. The Vendor must furnish item wised and price list of spare parts required for two years operation of equipments. The Vendor shall provide the necessary cross sectional drawings to identify the spare parts numbers and their location as well as in interchangeability chart.

14.0 Packing & Marking:

14.1.1. Indigenous Supply: 14.1.1.1. All containers in which the materials are supplied (including packing cases, boxes etc.) by the supplier shall be considered as non-returnable and their cost as having been included in the contract prices unless specifically mentioned in the contract otherwise.

14.1.2. Imported Supply: 14.1.2.1. Foreign Equipments/ materials shall be suitably packed in weatherproof seaworthy packing for ocean transport under tropical conditions and for rail or road or other appropriate transport in India. The packing shall be strong and efficient enough to ensure safe preservance up to the final point of destination. In case of wooden packing material, the same must conform to requirements under Plant Quarantine (Regulation of Import into India) order. 14.2. Equipments/ materials shall be protected by suitable coats of paint and all exposed metallic parts protected from rust by application of rust preventive as may be necessary. All machinery surface shall be suitably protected. 14.2.1. All fragile and the exposed parts will be packed with care and the packages shall bear the words, WITH CARE, GLASS FRAGILE, DONT ROLL THIS END UP, THIS END DOWN, in English. 14.2.2. Packaged equipment / material showing damages resulting from improper packing material / packing procedure or having concealed damages or shortages at the time of opening of packages shall be to the suppliers account. 14.2.3. Attachments and spare parts of equipment and all small pieces shall be packed


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separately in wooden cases with adequate protection inside the case and suitably tagged with identification of main equipment items denomination and reference no. of respective assembly drawings All equipments/ materials shall be marked with strips bearing progressive numbers. In case of bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each side. 14.2.5. All nozzles, holes and openings as also all delicate surfaces, shall be carefully protected against damage and bad weather. Flange faces of all nozzles shall be protected by blanks. 14.2.6. All manufactured surface shall be painted with rust preventing paint. 14.2.7. All threaded fittings shall be greased and provided with plastic cap. 14.2.8. All small pieces shall be packed in case. 14.2.9. The vendor shall be held liable for all damages or breakage to the goods due to defective or insufficient packing as well as for corrosion due to insufficient greasing/protection. 14.2.10. On three sides of the packages, the following marks shall appear clearly visible in indelible paint and on Vendors care and expenses. ------------------- Pipeline Project From : For : Order No. : Rev. No. : Item : Equipment Nomenclature : Net Weight : Gross Weight : Case No. : of Total Cases: Dimensions : 14.2.11. For every order and every shipment, packages must be marked with serial progressive numbering. All cases will bear warning signs on the outside denoting the centre of gravity and sling marks. Specific marking for sling should be provided for all heavy lifts weighing 5 tonnes and above. Top Heavy containers will be earmarked as either Top Heavy or Heavy Ends. All packages that requires special handling and transport should have their centres of gravity and points at which they may be gripped clearly indicated and marked, ATTENTION SPECIAL LOAD HANDLE WITH CARE IN ENGLISH LANGUAGE. When packaging material is clean and light colour, a dark black stencil paint shall be acceptable. However where packaging materials is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings. A distinct colour splash in say red-black around each package/ crate/ bundle shall be given for identification. 14.2.12. In case of large equipments like vessels, heat exchangers etc. documents contained in the envelopes shall be fastened inside a shell connection with an identifying arrow sign DOCUMENT applied with indelible paint.

15.0 Shipment / Consignment:

15.1. Indigenous Supply 15.1.1. The vender shall make dispatch only after inspection, testing and release order / material acceptance certificate issued by owner unless otherwise specially advised in writing. In the event of vendor having been advised to hold the materials/equipments for any reason whatsoever the vendor shall hold the material in his/its warehouse for at least 30 days without any compensation or without any prejudice to any reduction in price already accrued on account of delays.


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15.1.2. Vendor shall exercise due care and ensure that consignment (s) are booked under appropriate railway classifications failing which any additional freight incurred by Owner shall be to Vendors account. Goods shall be consigned in the name of consignee to be informed by Owner in due course of time or along with Purchase Order. Goods shall be dispatched by most economical and expeditious mode of transport to the destination. 15.1.3. Owner reserves right to advise any change in dispatching / destination / mode of transport as may be required. Any extra expenditure on this account will be reimbursed by Owner on submission of satisfactory documentary evidence / as finalised within 10 days from the date when change is ordered. 15.1.4. Vendor will be responsible to bear all expenses which may arise due to improper / insufficient / defective documentation while dispatching materials / advising Owner according to the terms of the Contract. Similarly, Vendor shall be responsible for the delay and / or demurrage in clearance of the consignment due to delay in transmittal of the proper / needful documents. 16.0 Shipping Documents:

16.1.1. For Indigenous Supply: 16.1.1.1. Vendor shall send documents listed below as applicable in indicated number of sets, unless otherwise indicated in purchase order, so that they are received at least three days before receipt of material. 1. Invoice. - 3 copies 2. Packing list - 3 copies 3.. Manufacturers Guarantee Certificate - 3 copies 4. Drawing/ Catalogue - 3 copies 5. Vendors Certificate of inspection - 3 copies 6. Dispatch clearance - 3 copies 7. Any additional documents required to be furnished for receiving payment under the contract. 16.1.1.2. If as per the terms of L.SC or otherwise, the complete original set of documents are required to be sent to owner through bank, the distribution indicated will confine to copies of documents mentioned above. 16.1.1.3. The consignment unless notified separately, shall indicate following:

Senior Materials Manager, Indian Oil Corporation Limited Paradip-Haldia Barauni Pipeline Vill: Kasberia, P.O: Khanjanchak Dist: Purba Medinipur, Haldia, West Bengal-721602

16.1.1.4. The invoices and packing list must show uniformly the marks and numbers, contents case wise, consignees name and place of destination. The invoice must show along with other details, the unit rate and net total price. Packing list must show apart from other particulars actual contents in each case, net and gross weight and dimensions and the total number of packages. The documents should be duly signed by the Vendor's authorized representative. 16.1.1.5. All documents shall be in bilingual (Hindi & English) or only English language.

17.0 Transit Insurance: 17.1.1. Transit Insurance shall be arranged by the Owner. The Vendor shall within 24 (Twenty four) hours of consignment /shipment convey by Fax / Email to the insurer under intimation to the owner the dispatch particulars which should include all details but not limited to:


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17.1.2. For Indigenous supply: 17.1.2.1. 1) Cover Policy Number as mentioned in PO 2) Particulars 3) invoice no. & date 4) P.O. ref. 5) Transporters consignment note no. and date of transportation 6) total value of the consignment

18.0 Respect for Time of Delivery: Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Owner. Equipments/ Materials should be delivered, securely packed and in good order and condition, at the place and within the time specified in the purchase order for their delivery. By time of delivery is meant the date of L/R /date on the Bill of Lading in Port of dispatch.

19.0 Delayed Delivery: 19.1. The time and date of delivery of goods/materials/ equipment as stipulated in the purchase order shall be deemed to be the essence of the contract. If delay occurs in delivery of material beyond a free period of 7 (seven) days from the date of delivery stipulated in the delivery schedule, the purchaser may at its option, without prejudice to any right it may have: i) Accept in whole or part the delayed delivery, in which event the purchaser shall be entitled to a discount of %(half percent) in the price of the goods delivered late for every week of delayed or part thereof, subject to a maximum discount of 5% (five percent) of the total undiscounted/ unreduced contract price and/or. ii) Terminate the order in whole or part the contract insofar as it concerns the goods not delivered in time and without prejudice to any right under (i) above in respect of goods delivered, recover price discount from the supplier in a sum equivalent % (half percent) subject to maximum 5% of the value of goods/ items covered by the cancellation for every week or part of a week of delay involved between the date(s) of delivery aforesaid and the date of cancellation to cover the loss and to meet the additional expenditure of the purchases resultant upon the delay/ failure and a) Purchase the same or any part thereof elsewhere at the risk and cost of the Vendor. b) Recover from the Vendor the difference between the market price and contract price prevailing on the date of termination for items covered under (a) above. c) However the maximum liability under this clause shall be the total contract price or part thereof for undelivered material. d) This clause shall not limit liability in any case of fraud, deliberate default or reckless misconduct by the vendor. iii) Time lost on account of any shipment/ consignment withheld on the specific instruction of the purchaser, shall not be taken into account in reckoning the period of delay.

20.0 Force Majeure: 20.1.1. In the event of either party being rendered unable by force majeure to perform any obligation required to be performed by him under the contract, the relative obligation of the party affected by such force majeure shall be suspended for the period during which such cause lasts. The decision of the owner will be final and binding on vendor 20.1.2. The term force majeure as employed herein shall mean acts of god, war, revolt, fire, flood, national strikes which have a duration of seven calendar days and acts and regulations of respective government. 20.1.3. Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, then the vendor must advise owner by registered letter giving full particulars and duly certified by local chamber of commerce or statutory authorities ,the beginning and end of such causes of delay immediately but not in any case later than 15 days from beginning and end of each cause. 20.1.4. Time for performance of the relative obligation suspended by force majeure shall stand extended by the period during which such cause lasts


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20.1.5. If deliveries are suspended by force-majeure conditions lasting for more than 60 days, the purchaser shall have the option of canceling the contract in whole or part, without financial consequences to or entitlement in either party resultant upon such cancellation, which will operate as a discharge of all future obligations under the contract, but without any rights or obligations arising out of any antecedent breach.

21.0 Rejection Removal of Rejected Goods and Replacement: 21.1.1. In case the testing and inspection at any stage reveal that the equipment, materials and/ or workmanship do not comply with specifications and requirement and in case of rejection of equipments/ materials under Clause 8.0 hereof, the same shall be removed by the Vendor at his/ its own expenses and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such manner as the Owner may think appropriate in the event the Vendor fails to remove the rejected goods within the period as aforesaid. Nothing shall constitute the owner as a trustee or bailee for or in respect of those rejected material. All expenses incurred by the Owner, for such disposal shall be to the account of the Vendor. The Vendor will have to proceed immediately with the replacement of the equipment or part of the equipment and arrange to deliver at site( at port in case of foreign vendor) without claiming any extra payment (including custom duty, Port charges etc) and without prejudice to owners right as per clause 19.0 if so required by the Owner. The time taken for replacement in such event will not be added to the contractual time of delivery.

22.0 Price: 22.1.1. The price shall be firm and not subject to escalation for any reason whatsoever till the execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order. The price shall be comprehensive, inclusive of but not limited to cost of raw materials and processes, manufacturing, inspection, test, rejections, storage, handling, adequate water proof /seaworthy packing and forwarding and all other charges up to effecting delivery at FOR destination in case of FOR destination contract /FOB dispatch port in case of FOB contract and additionally ocean freight and port charges in case of C&F contract. 22.1.2. In case of Indigenous supply the prices herein specified, unless otherwise expressly stated in the total price schedule which shall be deemed to include all Central / State and other Municipal or legal taxes, duties, levies etc including but not limited to Service tax , entry tax, Octroi, etc. which either of the parties hereto may be statutorily liable to pay. Variation of sales tax /excise duty rate will be paid extra/refundable if enforceable during contractual delivery period. New promulgated tax, duty applicable during contractual delivery period on the finished product will be paid extra . However, the benefit of any reduction must be passed on to Owner 22.1.3. Freight, taxes and duties are not intended to operate as a profit centre but are intended only to meet the relevant costs incurred on this account. If any reimbursement or collection of the taxes or duties by the Vendor from Owner is in excess of the freight, taxes and/or duties actually paid by the Vendor, the Vendor shall forthwith refund such excess to Owner together with interest thereon at 1% (one percent) per annum above the Prime Lending Rate of the State Bank of India from the date of collection until the date of refund.

23.0 Terms of Payment: 23.1.1. Payment will be made by the Owner in accordance with the terms of payment indicated in the Purchase Order. 23.1.2. For Indigenous supply: 23.1.2.1. Payment against VATABLE invoice shall normally be made within 30 days of receipt and acceptance of materials at site. However, owner may consider payment of 90 percent against dispatch documents through Owners Bankers and balance 10% within 30 days of receipt and acceptance of


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materials at site, provided the value of purchase order exceeds Rs. 100000/= The final settlement of Vendors invoice is liable to be withheld in the event the Vendors has not complied with submission of drawings data and such documentation as called for purchase order and/or as required otherwise. 23.1.2.2. All bank charges of Owners Banker, will be born by the Owner.

24.0 INVOICING & NEGOTIATION OF DOCUMENTS 24.1.1. Indigenous Material(s) 24.1.1.1. Invoices and other documents shall be forwarded by the Vendor as stipulated hereunder: 24.1.1.2. Direct Payment: i) Original plus one copy of Invoice along with requisite no. of full sets of document as per Purchase Order to the Payment releasing office ii) One copy of Invoice with original documents as per Purchase Order to The Consignee along with technical catalogues, Inspection certificates and Inspectors Release Notes iii) One copy of Invoice along with full set of document as per Purchase Order to the PO releasing office iv) Payment shall generally be released by way of electronic transfer 24.1.1.3. Payment against documents through Bank i) Where payment is to be released to the Vendor against dispatch documents through the bank, the Vendor shall forward two complete original sets of the documents specified in clause 16.0 to the Owners Bank . ii) One complete set of all of the abovementioned documents shall be sent to the Payment releasing office as advance copy. Documents will not be retired without advance copy of the documents.

25.0 Part order/Repeat order 25.1.1. Vendor hereby agrees to accept part order at Owners options without any limitation what so ever, and also accept repeat order(s) during a period of six months from the date of original purchase order on same unit price, terms & conditions.

26.0 Recovery of Sums Due: 26.1.1. Whenever any claim against the Vendor for payment of sum of money arises out of or under the contract, the Owner shall be entitled to recover such sums by appropriating in whole or in part the security deposit of the Vendor. In that event, the Vendor shall immediately make good the amount of security deposit so fallen short. Should the security deposit be insufficient or if no security has been taken from the Vendor, then the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due from the Vendor under this or any other contract with the Owner and should this sum be not sufficient to cover the recoverable amount, the Vendor shall pay to the Owner on demand the balance remaining due with interest at the prevalent state Bank Of Indias prime lending rate P.A.

27.0 Modifications: 27.1.1. The Owner shall have the right to make changes or modifications in quantities ordered , in the technical documents/ specifications comprised in the Purchase Order. The Vendor shall comply with such a written request for changes, and shall furnish in writing to the Owner, as estimate of cost for the changes and modifications and effect at the time of delivery. On receipt of Owners written authorization, the Vendor shall promptly proceed with the change/ modification. An equitable adjustment under this provision must be finalized within 10 days from the date when change is ordered.


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28.0 Cancellation:

28.1.1. The Owner reserves the right to cancel the Purchase Order or any art thereof and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if: i) The Vendor fails to comply with terms of Purchase Order. ii) The Vendor fails to deliver the goods on time and/ or replace the rejected goods promptly. iii) The Vendor becomes bankrupt or goes into liquidation; iv) The Vendor makes a general assignment for the benefit of creditors; and/ or A receiver is appointed for any of the property owned by the Vendor. v) Change in constitution of vendor vi) In the opinion of the owner the cessation of contract becomes necessary owing to any cause whatsoever. 28.1.2. Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Purchase Order and materials connected with it. 28.1.3. The Owner in that event will be entitled to procure the equipment/ materials or services thus involved in the open market and recover the excess payment over the Vendors agreed price, if any, from the Vendor reserving to itself the right to forfeit the security deposit/ PBG , placed by the Vendor against the contract. 28.1.4. The provision of this clause shall not prejudice the right of the owner from invoking the provisions of clause Delayed delivery as aforesaid

29.0 Patents and Royalties: 29.1.1. On acceptance of the Purchase Order, the Vendor will be deemed to have entirely indemnified the Owner and Owners representatives from any legal action or claims regarding compensation and consequences thereof for break of patent rights which the Vendor deems necessary to apply for manufacturing the ordered equipments/ materials or which can, in any way, be connected in the manufacture. The vendor shall at its own risk and expenses defend any suit for infringement of patent or like suit brought against the purchaser and shall pay all damages, cost award in such suit and shall keep the purchaser indemnified from the against all consequences thereof

30.0 Guarantee: 30.1.1. The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be new, are of best material, workmanship of highest caliber and are manufactured in strict compliance with characteristics, requirements and specifications and that the same shall be free from any defects. The Vendor will guarantee that all materials and equipments shall be repaired or replaced, as the case may be, on priority basis, at its own risk and expense in case the same have been found to be defective in respect of material, workmanship of smooth and rated operation within a period of 12 months after the same have been commissioned, or 18 months from the date of shipment, whichever is earlier. As an alternative to repair or replacement of defective item(s) the purchaser has an option to ask for reimbursement of the total landed cost of the item(s) including interest incurred up to delivery at site and storages thereof. 30.1.2. The guarantee period for the part that may be altered, repaired or replaced shall be 12 months from the date on which the same is commissioned. 30.1.3. Checking and approval of the Vendors drawings by the Owner or his Inspectors or acceptance by the Owner or its Inspectors of any equipments and materials or its replacement will not relieve the Vendor of its responsibility of supplying the equipments / materials strictly according to the specification and according to the guarantee by the Vendor. 30.1.4. The Vendor shall within 30 days of confirmation of Purchase Order furnish a Bank


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Guarantee as Security Deposit in the amount equivalent 10% (ten percent) of the PO value. The Vendor shall within 30 days of confirmation of Purchase Order furnish a Bank Guarantee as Security Deposit in the amount equivalent 10% (ten percent) of the PO value of the equipments/ materials to support the costs associated with delayed delivery under clause 19.0 and guarantee under Clause 30.0, in the form prescribed by the Owner (Annexure B). The Bank Guarantee shall remain in force for the entire period covered by the guarantee PLUS THREE MONTHS. It will be the responsibility of the Vendor to keep the Bank Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a result of encashment by the Owner either in full or in part in terms of the contract shall be made good by the Vendor within one week of the occurrence thereof. 30.1.5. The Security Deposit can also be deposited in the form of Demand Draft or SWIFT/Electronic transfer to the Owners bank within 30 days indicating the PO reference, and submitting proof of the cash transfer.

31.0 Non Waiver: 31.1.1. Failure of the Owner/ Owners representatives to insist upon any of the terms of conditions incorporated in the Purchase Order or failure of delay to exercise any rights or remedies therein or by law or failure to properly notify Vendor in the event of breach, or the acceptance of, or payment for any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner or Owners representatives to insist upon the strict performance thereof or of any of his or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by Owner/ Owners representatives act as waiver of the terms hereof.

32.0 Non Assignment: 32.1.1. The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of the Owner.

33.0 Vendors Drawings and Data Requirement: 33.1.1. The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the Tender Document and/ or the Purchase Order and as called for in Clause, 9.0, EXPEDITING above. The types, quantities and time limits of submitting this must be respected in its entirety failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order.

34.0 Technical Information: 34.1.1. Drawings, specifications and details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of drawings and specifications for any purpose at any time except for the purpose of the Owner. The Vendor shall not disclose the technical information furnished to or gained by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person, firm or body corporate authority and shall made all endeavors to ensure that the technical information is kept CONFIDENTIAL. The Technical information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute property of the Owner.

35.0 Services of Vendors Personnel: 35.1.1. Upon three week's advance notice, the Vendor shall depute the necessary personnel to India for supervision or erection and start-up of the equipment and train a few of the Owners personnel for the


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operation and maintenance of the equipment, if required by the Owner. The terms and conditions for the service of the Vendors personnel shall be mutually settled.

36.0 Arbitration: 36.1.1. In the event of any dispute or difference arising out of a Notified Claim of the VENDOR and any dispute arising out of an amount claimed by the OWNER against the VENDOR, be referred to the arbitration by an Arbitral Tribunal comprised of 3 arbitrators selected in accordance with the provisions of the Arbitration & Conciliation Act, 1996.The provisions of the Arbitration & Conciliation Act, 1996 and all statutory re-enactments and modification thereof and the rules made there under shall apply to all such arbitrations. or any statutory modifications or re-enactment thereof and rules framed there under from time to time shall apply to such arbitration. 36.1.2. It is specifically agreed that the OWNER may prefer its Claim(s) against the VENDOR as counter claim(s). The VENDOR shall not, however, be entitled to raise as a set-off, defence or counter-claim any claim which is not a Notified Claim included in the VENDORS Final Bill. The Venue of the arbitration shall be (.) or New Delhi, India provided that arbitrators with the consent of the owner and the vendor may agree upon any other venue. Venues other than New Delhi, India would be London or Singapore. Laws of India only would be applicable. Arbitrator shall give his award separately in respect of each claim and counter claim and shall not be entitled to review any decision opinion or determination (however expressed ) which is stated to be final and /or binding on vendor in terms of contract documents.

37.0 Vendors liability 37.1.1. The Vendors workmen or employees shall under no circumstances be deemed to be in Owners employment and the Vendor shall hold himself responsible for any claims which they or their heirs, dependents or personal representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out of the work covered by this Purchase Order, whether arising on Owners premises or elsewhere and agrees to Indemnify the Owner against any such claim or claims if made against the Owner and all cost (as between attorney and client) of proceedings, suits or action which the Owner may incur or sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive automobile Liability insurance for adequate coverage in respect of all his vehicle visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workmen and employees 37.1.2. The vendor should take adequate insurance cover for their site personnel deputed by them

38.0 Legal Interpretation: 38.1.1. The contract shall be governed by the Laws of India for the time being in force to interpret all the commercial terms and abbreviations used in this Tender which have not been otherwise defined. The rules of INCO TERMS 2000 shall be applied.

39.0 Limitation of liability: 39.1.1. The maximum liability shall be limited to 100% of contract price except in case of fraud and and / or willful negligence. The vendor shall not be liable for consequential losses on account of production revenue or profit.

39.1.2. Provided always that such limitation shall exclude any amounts recovered under any policy (ies) of insurance taken out and / or maintained by the vendor pursuant to the provisions of the

Contract on behalf of owner.


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40.0 Government of India Liability Clause:

40.1.1. It is expressly understood and agreed by and between the tenderers and Indian Oil Corporation Limited that Indian Oil Corp. Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that Indian Oil Corporation Limited is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and general principal of contract Law. The tenderers expressly agrees, acknowledge and understand that Indian Oil Corporation Limited is not an agent, representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, tenderers hereby expressly waive, release and forego any and all action or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this contract and covenants not to the Govt. of India as to any manner, claim, clause of action or thing whatsoever arising of or under this agreement.

41.0 Headings:

41.1.1. The headings of the conditions hereof shall not affect construction thereof.


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Annexure-A

Addendum to General Conditions of Purchase

The following new clause is added to General Conditions of Purchase (GCP)

15.1.5 The materials to be dispatched through a transporter registered as per Carriage by Road Act 2007 and Carriage by Road Rules, 2011. The Consignment Note/ Lorry receipt must carry the registration number as per the rules stated in The Carriage by Road Rules, 2011.


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INSTRUCTIONS TO TENDERERS A. General

1. Tender Documents shall remain the property of Owner. 2. The tender papers shall be completely filled in, and shall be submitted with requisite information and Annexures. Any tender incomplete in particulars shall be liable to be rejected. 3. Signing of tender 3.1. All pages of the tender and all tender documents shall be signed by the tenderer or his duly authorised person (s) by enclosing the original authorisation copy 3.2. It shall not be necessary for the bidder to return the all whole tender document (big Volumes) duly signed as a token of their acceptance of the same while submitting their bid. Instead, the bidder may also submit an undertaking along with the Index Page of tender document duly signed to the effect that he has fully read and understood the tender requirements and accepts all terms and conditions of the tender (except for the ones mentioned in the deviation statement) and his offer is confirmation to all terms of tender 3.3. Each page of the priced Schedule of Rates (SOR) shall be duly signed and stamped (in original) by the tenderer. Price bid submitted without original signature & stamp of the tenderer as described above shall be summarily rejected. 3.4. Prices must be duly filled and submitted by the bidder strictly in Schedule of Rates format enclosed with the tender document bearing stamp and signature on each page. Non-compliance shall lead to rejection of the bidder. 4. Scanned copy / photocopy of price bid is not acceptable and such bids shall be summarily rejected. 5. The un-priced copy of SOR, with prices blanked out and mentioning Quoted or Not Quoted against each item is to be submitted along with technical bid duly signed and stamped by the bidder in original on each page. Except for the price the unpriced copy should be exact replica of the price bid. 6. Tender and all correspondences /documents relating to tender shall be type written in English language only. 7. If the space in the tender form or any schedule or Annexure thereto is insufficient, additional pages shall be separately added. These shall be page numbered and shall also carry the tender documents number and shall be signed by the tenderer and entered in the index for the tender. 8. Technical and commercial deviations if any from the requirement of tender shall be mentioned prominently in separate sheets serially numbered. Deviations indicated anywhere else in the tender will not be considered 9. The tenderer shall clearly indicate in his quotation firm delivery period from the placement of purchase order for item of equipment offered. 10. The owner reserve right to reject, accept or prefer any tender or abort the tendering process without assigning any reason whatsoever. If the owner in its discretion considers that in the interest of the requirement the quantum of supply requires a split, then Owner may split the supply quantity between two or more tenderers 11. The tenderer shall quote on the terms and conditions of the tender documents without addition, subtraction, amendment or substitution or other deviation there from to and without inter-partition of any other sale condition(s) of the tender. 12. Cost of Preparation and Submission of Bids 12.1. The tenderer shall prepare the tender at his/its/their own risk and shall bear all the costs of preparing and submitting his/its/their tenders, as well as all other costs of tendering for the supply/ work The OWNER shall take no liability for these costs 13. The quotation shall contain particulars of shipping/consignment, net weight, gross weight and package net dimensions


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14. Tenders are to be submitted in triplicate, out of which, One copy will bear the price ie PRICED OFFER and remaining two copies will be kept blank for prices (UNPRICED OFFER).These should be marked as ORIGINAL and DUPLICATE .Priced and unpriced offers should be submitted in separate sealed covers super scribing on the envelopes as PRICED OFFER and UNPRICED OFFER as applicable, indicating our tender Enquiry number and due date. Further both the priced and unpriced offers should be put into one envelope super-scribing on it our tender Enquiry number and due date. Unpriced offer should contain complete technical details, catalogues, drawings ,deviation if any from terms and conditions and /or commercial conditions etc and Earnest Money Deposit i.e. Bid Bond (EMD). Purchaser will not be responsible for the EMD submitted along with in the PRICED Bid of technically unsuccessful Bidders. The sealed tenders addressed by designation to The Sr. Materials Manager, Indian Oil Corporation Limited, Paradip Haldia-Barauni Pipeline, Vill-Kasberia, P.O. Khanjanchak, Haldia 721602, West Bengal, INDIA. must reach by 1430 hrs. (Indian Standard Time) on the date of submission indicated in the tender notice. In case of any discrepancy between Original copy and Duplicate copy, original copy will be considered for evaluation of offer.

15. If EMD amount is up to Rs.1,00,000/- or equivalent USD, EMD shall be accepted in the form pay order or Demand Draft or through Electronic Clearance System (ECS)/SWIFT transfer.

16. In case of Electronic transfer, the details of the deposit (Name of the Bank. Transaction details etc.) shall be furnished by the bidder in the technical offer/unpriced bid.

17. If EMD amount is more than Rs.1,00,000, equivalent USD, EMD shall be accepted in the form of Bank Guarantee also. Validity of BG in lieu of EMD shall be 3 months beyond bid validity.

18. Wherever, EMD is asked for in the tender, offers received without EMD shall be liable for rejection.

19. Earnest Money shall be forfeited in the following circumstances:

19.1. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids (Technical bids in case of two bid system) and within the validity period. In such a case, the tender submitted by the tenderer shall be liable to be rejected.

19.2. In case the tender is accepted and the vendor fails to deposit the performance bank guarantee

20. The sealed tender must reach the tender receiving authority at the address specified before time limit specified therein. Any tender received by owner after the date and time for submission of tender prescribed in the tender will be liable for rejection.

21. The main price bid will be considered for evaluation and no cognizance will be given to the supplementary /supporting documents attached to the price bid as breakup of prices.

22. Corrections and alterations

22.1. Correction /alteration should be avoided however if become unavoidable then entry to be corrected /altered should be neatly cancelled by drawing a line date of submission indicated in the tender notice. In case of any discrepancy between Original copy and Duplicate copy, original copy will be considered for evaluation of offer.


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22.2 Overwriting and/or erasing with or by the application of correcting (white)/erasing fluid(s) for correcting the rates is banned. Wherever the rates are corrected with white /erasing fluid, the bids will be summarily rejected.

23. Rates to be quoted in Figures and Words 23.1. Tenderers shall quote in firm figures on terms and condition of tender and without addition, subtraction, amendment or substitution or other deviation there from and without inter-partition of any other sale condition(s) of the tender qualification. Tenders containing qualifying expressions such as Subject to minimum acceptance or subject to prior sale etc. shall be liable for disqualification. Each figure stated shall also be repeated in words, If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied : 23.1.1. When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct. 23.1.2. When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct. 23.1.3. When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted. 24. Date of delivery 24.1. In case of ex-works / FOR destination contract, the date of L/R /receipt at site shall be considered as date of delivery. 24.2. In case of FOB /C&F contract, the date of Bill of Lading will be reckoned as date of delivery 25. Addenda 25.1. Addenda to the tender documents may be issued prior to the date of opening of the tender /price bid to clarify/ modify specification, requirement or tender terms. All such addendum will form part of tender documents. 26. Tender document shall consist of the following: i) Notice inviting tender ii) Checklist for bidders iii) Instruction to Tenderers iv) General conditions of purchase v) Form of tender vi) Specifications vii) Schedule of rates/ Enquiry cum offer viii) Schedule of inspection ix) Customers reference x) Any other documents which may be of interest to the purchaser. 27. Tender is liable for rejection if the tenderer does not fill in and sign the required Annexures, specifications, etc. as specified in the tender.

28. Tender is liable for rejection if the tenderer submits unacceptable terms and conditions. 29. Tender is liable for rejection if the tenderer submits offer which is not according to our format. 30. Validity of offer 30.1. The validity of irrevocable offer shall be at least 4 months from date of opening of techno-commercial bid. 30.2. Tender is liable for rejection if the tenderer Stipulates the validity period less than what is stated in the Tender Form. 30.3. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids (Technical bids in case of two bid system) and within the validity period, the tender submitted by the tenderer shall be liable to be rejected


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30.4. In exceptional circumstances, the owner may solicit vendors consent for an extension of the period of validity of offer without any deviation including change in the prices. In such cases the vendor has to extend the validity of offer and EMD without alteration of price or can withdraw his offer. If the tenderer still deviates or changes price, the offer will be rejected. 30.5. The owner reserves the right to reject the offer(s) in case tenderer(s) give suo moto increase and not to consider suo moto reduction for evaluation. 30.6. After opening of price bid, if a vendor increases the price, though within the validity period and even though the offer remains lowest, the bid will be rejected, the EMD will be forfeited and bidder debarred (Holiday listed) for future enquiries. 30.7. Suo-moto increase in price or withdrawing of offer within the validity period shall not be allowed and action shall be taken to Holiday List the vendor 31. Earnest Money Deposit (EMD) 31.1. The tenderer as a condition for consideration of the tender shall furnish BID SECURITY (Earnest Money Deposit) in the form of demand draft / Bankers Pay Order drawn on a local Bank in favour of Indian Oil Corporation Ltd. 31.2. Bank Guarantee (format enclosed in tender document) from any scheduled bank operating in India may be furnished in lieu of if the amount of Earnest Money Deposit is not less than Rs 100,000/- (Rupees One hundred thousand only) or equivalent USD value as per terms and conditions of tender notice/NIT without which the offer will be considered as non-responsive and rejected. 31.3. The branch issuing the Bank Guarantee shall be situated in India.

31.4. EMD for Foreign bidder is accepted only In EURO /US Dollar /UK Pound equivalent to the US Dollar value indicated in the tender notice. 31.5. EMD for Indian bidders is accepted only in Indian Rupees. 31.6. In case of Single bid system, the bidder should submit EMD in a separate cover (not along with the techno-commercial bid). 31.7. Tender is liable for rejection if the tenderer does not submit acceptable instruments towards EMD along with technical/commercial (unpriced) bid, but submits with the price bid in the case of Two Bid System of Tendering. 31.8. The Bidders can remit the tender fee and EMD by way of SWIFT transfer also. The bidders should submit a copy of their Bankers SWIFT message copy as proof of remittance of tender fee/ EMD in a separate envelope in UNPRICED BID. Bids received without a copy of SWIFT MESSAGES (in case of payment by SWIFT transfer) are liable to be rejected.

Beneficiary Name : INDIAN OIL CORPORATION LIMITED - PIPELINES DIVISION

Account No 10521992827 Beneficiary Bank : STATE BANK OF INDIA,

HALDIA REFINERY CAMPUS BRANCH. P.O. HALDIA OIL REFINERY, PIN 721606 (W.B) FAX- 03224-252295, PHONE-03224-252857

City HALDIA Country INDIA SWIFT bank identifier Code: SBIN0007090

Remittance information should contain: Name of the tenderer, Tender No. & purpose- Tender Fee / EMD 31.9.2. Please attach a copy of your SWIFT message with the tender documents for reference.


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31.10. The EMD will be forfeited under the following instances: 31.10.1. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids (Technical bids in case of two bid system) and within the validity period. 31.10.2. Successful bidder, if fails to: i) Furnish performance guarantee in form of security deposit ii) Accept the purchase order 32. Disclosure on Relationship with Director 32.1. The Vendor is required to state in his offer (as per Annexure-B) whether he is a relative of any Director of Indian Oil Corporation Limited or the vendor is a firm in which any Director of Indian Oil Corporation Limited or his relative is a partner or the vendor is a private company in which any director of Indian Oil Corporation Ltd. is a member or Director

33. Tenderer shall clearly indicate their legal constitution and the person signing the tender shall state his capacity as also the source of his ability to bind the tenderer. The Power of Attorney or Authorization, or other document constituting adequate proof of the ability of the signatory to bind the tenderer, shall be annexed to the tender. The owner may reject out right any tender unsupported by adequate proof of the signatorys authority.

34. Tender is liable for rejection if the tenderer does not disclose the full names and addresses of all his partners or Directors as applicable wherever called for in the tender.

35. Where the tender/offer is made by a consortium, the members of consortium shall nominate or appoint a leader amongst them in the consortium agreement itself by whom and/or whose behalf the tender/offer is being made, as shall also indicate with reference to each, whether such member is manufacturer of the items tendered for or not, and if manufacturer, to what extent the items tendered are to be manufactured by it/him. In the event of any equipments intended to be supplied by manufacturer, wherever not party to the consortium, the tenderer shall also specifically indicate the proposed source of manufacturer(s) of the relative equipments as also the member of the consortium with authority to bind the said manufacturer(s) and shall be accompanied by proof of such authority. All dealing had with and / or all acts, deeds, matters, things done by or payment made to and invoices /documents drawn and/or negotiated by the leader of the consortium or the purchaser /owner shall be binding upon each member of the consortium. Each member of the consortium shall be jointly and severally liable to the owner in respect of all liabilities and obligation of the vendor as per contract. 36. In all cases where the tenderer is not a manufacturer, the tender/offer shall indicate to the proposed manufacturer(s) of the equipment/ materials tendered and shall be accompanied by proof of the authority or person(s) tendering to bind such manufacturer.

37. Any effort by a bidder / bidders agent /consultant or representative 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.

38. Each tenderer/bidder shall give a declaration in the prescribed format annexed to the Form of Tender that he/it/they is/are not under any holiday/black list declared by the OWNER or by any Department of the State or Central Government of India or by any other Indian Public Sector Organisation, and that there is no inquiry in respect of any corrupt or fraudulent practice pending against him/it/them.

38.1. In case he/it/they are under any such list, or any inquiry is pending, he/it/they shall in the declaration give full details thereof. Such declaration in respect of a partnership firm or association of


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persons shall cover every partner or member of the association, and in the case of Company, shall cover every Director and Principal Shareholder of the Company and any Holding Company and/or subsidiary Company(ies) if any.

38.2. If a tenderer is on any such List or if any such inquiry is pending against it/him/them or if the Bidder makes a false declaration, the OWNER reserves the right to reject the Bid, and if the Bid has resulted into a contract, the contract is liable to be terminated pursuant to the provisions of Clause 28.0 of the General Conditions of purchase.. 39. All information disclosed to the tenderer by way of tender document should be considered as confidential and shall not be disclosed to any party except as necessary for carrying out the supply/work. Necessary action on violation will be taken in addition to his becoming liable to be Holiday listed. 40. Tender is liable for rejection if the tenderer stipulates his own conditions. 41. Collusive or fraudulent tenders 41.1. In case it appears to the OWNER, after examining the tenders received, that any 2 (two) or more tenders are collusive or otherwise manipulated to the disadvantage of the OWNER and against the spirit of ethical competition, the OWNER reserves the right to summarily reject such tenders. It shall not be incumbent on the OWNER to prove any collusion or other malpractice in this regard.

42. Purchase / price preference to public sectors /NSIC registered unit will be applicable as per Govt. of India guidelines from time to time.

43. Tenderers should super scribe on all the mailing envelopes tender No. & due date.

44. Bidders have to quote for full quantity .The offer which is not for full quantity will be liable for rejection.

45. Where delivery is of prime consideration, non-compliance of the same will be a ground for rejection of offer.

46. Telegraphic / Fax /E-Mail/ open price bid shall not be accepted.

47. Tenderers should respond to the tender either by submitting their bids or by regret letter explaining the reasons for non-submission of the offer. If the tenderer does not respond against our three consecutive limited tender enquiries, the name of the tenderer will be removed from the list of vendors. (Applicable in case of limited tender only)

48. The OWNER reserves the right to consider/evaluate only substantially responsive tenders. A substantially responsive tender is one, which, in the opinion of the OWNER (which shall be final and binding on the Tenderer(s)), substantially conforms to all the terms, conditions, specifications and requirements of the Tender Document without material deviations or reservations in respect of any of the following :

(a) scope, quality or performance of the work; (b) OWNERs rights or the tenderers obligations under the contract as per the tender documentation ; (c) Such deviations the correction of which would affect the competitive position of other tenderers, who have submitted substantially responsive bids ; (d) Any tender unaccompanied by the earnest money in a form which is not acceptable as per the Tender Documents, or falling short of the


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requirement of the Tender Document, shall be liable for rejection 49. No credit will be given for goods offered which conform to alternative standards, even if superior to the standards prescribed. 50. Negotiation will not be conducted with the bidders as a matter of routine. However, corporation reserves the right to conduct negotiations. However, negotiations will be held with the lowest tenderer. 51. Loading deviations to tender condition: 51.1. The commercial conditions put forward by the tenderers shall be loaded to their quoted cost as indicated hereunder for evaluation: i. Delayed Delivery clause: Difference of the rate between the GPC and that offered by the vendor shall be added to the quoted price as loading for non acceptance of the delayed delivery discount. ii. Payment Terms: In case bidders take deviations to the specified payment terms, loading for interest implication at 1% higher than IOC's Prime Lending Rate shall be done. iii. Specific Discount: Any specific discount indicated in the original offer shall be considered to arrive at the effective price for evaluation. iv. Discount for prompt payment: This will not be considered for the purpose of evaluation. v. Freight components: When vendor does not mention freight component, the same shall be considered as inclusive /nil. vi. Taxes & Duties: When vendor does not mention Taxes & Duties, the same shall be considered as inclusive and Borne by vendor. vii. CENVAT/VAT benefit: For the purpose of evaluation of offers, Cenvat benefit on account of excise duty /CVD /VAT will be considered for evaluation. viii. Royalty Inflow: In case of any benefit to IOC R&D for the usage of IOC R&D formulations by the tenderer in the form of royalty, such royalty inflow net of prevailing taxes / surcharges, will be deducted from the quoted price as specified elsewhere in the tender documents. ix. Inspection charges : In case a foreign vendor does not quote inspection charges in spite of having been stipulated in the tender document to indicate inspection charges, the same shall be considered as nil and inclusive. x. Component/spares/ accessory: If a vendor doesnt quote for some component/spares/ accessory specifically indicated in the tender for consideration along with equipment, the same shall be considered as inclusive and free supply xi. Performance bank Guarantee: In case bidder does not agree to submit PBG as per tender requirement, their offer will be loaded with 10% of their landed cost of the material. In case PBG is agreed for less than 10%, loading shall be for the differential. xii. Transit Insurance: Transit insurance shall be done by IOCL. In case the bidder quotes insurance charges inclusive, no rebate shall be given for the purpose of evaluation. 52. Currencies of Bid and Variation of Custom duty/Foreign exchange 52.1. Indian bidders will submit bid in Indian Rupees only. For goods and services which the bidder will supply from outside India, the prices shall be quoted in Indian currency or in EURO/USA Dollar/GBP.

tender document

Documents

etender etenders

type of tender etendering

download of tender document

phbcm14012 date

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division pipelines division

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