BHARAT PETROLEUM CORPORATION LIMITED

Page 1 of 3 BHARAT PETROLEUM CORPORATION LIMITED MUMBAI REFINERY, MAHUL MUMBAI – 400 074, INDIA Central Procurement Organisation (Refineries)...

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BHARAT PETROLEUM CORPORATION LIMITED MUMBAI REFINERY, MAHUL MUMBAI – 400 074, INDIA

Central Procurement Organisation (Refineries)

SUBJECT:

REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R & D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987 DUE ON 18.08.2017 at 13:00 Hrs. (IST)

Page 1 of 3

INTRODUCTION :

1.0

Bharat Petroleum Corporation Limited (BPCL) – Central Procurement Organization (Refineries), invites quotations for supply of Solar Energy Diagnostic Equipment with accessories for BPCL - Corporate R & D Centre, Greater NOIDA through e- tendering platform under two-bid system (i.e. Part 1 - Techno-commercial/Un priced Bid & Part 2 - Priced Bid). Tender can be downloaded from any of following websites: • •

e-Procurement Portal : https://bpcleproc.in BPCL Web: https://www.bharatpetroleum.in/tender/view-tenders.aspx → Select Department → CPO (Refineries) Central Public Procurement Portal: http://eprocure.gov.in/cppp



For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcleproc.in. 2.0

INDEX :

The complete set of tender documents consist of the following: Part No.

Part-1

Annexure No.

Documents to be submitted with signed and stamped on all pages Scan copy of Full Document

1

UN-PRICED BID

2

LIST OF ITEMS WITH DESCRIPTIONS / SPECIFICATIONS

3

APPLICABLE FREIGHT CHARGES, TAXES, DUTIES ETC..

4

SPECIAL PURCHASE CONDITIONS (SPC)

5

GENERAL PURCHASE CONDITIONS (GPC)

6

COMMERCIAL QUESTIONNAIRE

7

TECHNICAL DEVIATION FORM

8

COMMERCIAL DEVIATION FORM

9

PROFORMA FOR DECLARATION REGARDING HOLIDAY LISTING

10

GST REGISTRATION DETAILS

Scan copy of Full Document Scan copy of Full Document Scan copy of Last Page Scan copy of Full Document Scan copy of Full Document Scan copy of Full Document Scan copy of Full Document Scan copy of Full Document Scan copy GST Document

Scan copy of Full Document Bidder to note that the above Annexures duly filled in/duly signed and stamped along with supporting d ocuments shall be uploaded in Part-1 (Techno-commercial / Unpriced bid) section. No prices shall be indicated i n any of the above documents. To be filled in 12 PRICED BID e-procurement portal 11

Part-2

Description

ANTI-PROFITEERING DECLARATION

Bidder to note that the prices shall be filled only in the e-procurement portal in Part-2 (Price Bid) section.

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3.0

CONTACT PERSONS

3.1

Please note that the tender enquiry is invited through e-tendering mode. In case of any clarification regarding the tender, following are the contact persons:-

3.2

FOR E-TENDERING RELATED ISSUES: If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please e-mail to the following E-Mail ID along with the snapshots of the errors being faced to: E-Procurement Technologies Limited (Procure Tiger) Bidders Help Desk No. : +91 - (79) - 40270573 Email: [email protected] Ajay Nandangi E-Mail: [email protected] Contact: 8433615195

3.3

FOR TECHNICAL CLARIFICATIONS: For any technical clarifications regarding this RFQ, please contact: Aniruddha Kulkarni, Senior Research Engineer (R&D), CRDC, Greater NOIDA Tel No. 0120 - 2354150. E mail: [email protected] Maneesh David Singh, Ch. Manager Research & Development, CRDC, Greater NOIDA Tel No. 0120 - 2354184. E mail : [email protected]

3.4

FOR COMMERCIAL CLARIFICATIONS: For any commercial clarifications regarding this RFQ, please contact: H.P. Panchal, Procurement Manager-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074, India. Tel no. 022-25533117, e-mail: [email protected] R.S. Krishna Sankar, Procurement Leader-CPO(R), BPCL – Mumbai Refinery, Mahul, Mumbai-400074, India. Tel no.: 022-2553 3202, e-mail: [email protected]

Important: All updates, amendments, corrigenda, due date extensions etc., (if any) will be posted on the e-tendering portal / websites as and when required.

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Annexure – 1 SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA . : CRFQ No. 1000286384, e-Tender No. 27987

UN-PRICED BID. Bidders are requested to upload signed, stamped and scanned copies of un-priced offer in BPCL e-procurement portal.

Annexure-2 SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA : CRFQ No. 1000286384, e-Tender No. 27987

• LIST OF ITEMS WITH DETAIL DESCRIPTION (REQUEST FOR QUOTATION CRFQ-1000286384) • TECHNICAL SPECIFICATION

This Annexure is only for detail descriptions & specifications of the items. Bidders are requested not to fill any prices, taxes, duties, freight etc. in this Annexure.

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To, M/s. BPCL ESTIMATE MUMBAI . India - 400038. Ph : , Fax : . Vendor Code:300648

RFQ No / Date :

6001086603 / 02.08.2017

REQUEST FOR QUOTATION Collective RFQ Number / Date 1000286384 / 03.08.2017 Contact person/Telephone Ref CPO Proc GR 2 Fax :

Quotation Due Date:18.08.2017

Material/Services required at: M/s. Corporate R&D Centre Bharat Petroleum Corporation Ltd. Plot-2A,Udyog Kendra Greater Noida Gautam Budh Nagar (UP)- 201306 India _______________________________________________________________________ Item Material RFQ Qty Unit Unit Price Description Delivery date Value Amount in Words _______________________________________________________________________ 00010 1 Lumpsum Solar diagnostic equp. with accessories 15.12.2017

Techincal specifications as mentioned in the tender. _______________________________________________________________________

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2

For Bharat Petroleum Corporation Ltd.

RFQ Number :6001086603 To:M/s. BPCL ESTIMATE MUMBAI

Date : 02.08.2017 - 400038

India

TERMS & CONDITIONS Important Notice _______________________________________________________________________ Sr.No Description _______________________________________________________________________ 001 Quotation received after due date will not be entertained 002

Your quotation must specify exact amount or percentage discount, GST, Charges, Transport, Packing & forwarding, etc. as applicable.

003

In case you are unable to quote, kindly send the quotation with a regret for our records. Non-receipt of a regret will adversely affect your vendor rating.

004

No quotation will be accepted without your rubber stamp and signature.

005

Your quotation must be strictly in enclosed envelope indicating Collective RFQ No., RFQ No. and due date.

006

For all future correspondences please mention the vendor code Collective RFQ Number & RFQ Number.

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2

For Bharat Petroleum Corporation Ltd.

SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

Background: – Corporate R&D Center of Bharat Petroleum Corporation Limited (BPCL) is set up at Greater NOIDA with state-of-the-art facilities is backed with a vision to develop high value products, services, processes & technologies and create innovative R&D solutions to earn customer’s delight. BPCL intends to procure solar energy diagnostic equipment with complete supporting accessories (hardware and software) for use in solar power plant at Corporate R&D Centre at GREATER NOIDA and are pleased to invite your bids in two parts viz. Technical & Commercial Bid(Part-1) and Price Bid (Part-2). Vendor has to submit all the annexure with supporting documents. Technical Specifications of solar energy diagnostic equipment with complete supporting accessories: 1. Number of Input elements : 6 or more isolated input elements for voltage and current with integrated power management 2. Basic power accuracy : 0.02% or better 3. A/D Converter – 16 bit or higher resolution 4. Display: 8 inch or more color TFT LCD display to view numerical data, trend display to view voltage / current waveform and Harmonics data as Bar Graphs, Vectors and Lists, Display Update rate – 50msec to 20 sec selectable or better 5. Voltage Input Range: 0V to 1000V or more with different voltage selection ranges AC/DC for measurement of single/three phase voltage measurement simultaneously As per range selection all the clamps/probe sensors needs to provide by the vendor. More than 10 selection ranges. Minimum 6 Nos. of clamps/probes. 6. Current Input Range: 0A to 1000A or more with different current selection ranges AC/DC for measurement of single/three phase current measurement simultaneously As per range selection all the clamps/probe sensors needs to provide by the vendor. More than 10 selection ranges. Minimum 6 Nos. of clamps/probes. 7. Frequency response: 0.5 to 2 MHz or more (Bandwidth), Integration mode with timer, repeat or manual start & stop. 8. Power and current values integrated separately for positive and negative polarities. 9. Range selection: Manual and auto 10. Measurement/Analysis parameters: Voltage of each phase, Current of each phase, Watt of each phase, Power Factor of each phase , ± kWh, ± kVAh, kVAr, kVA, Current, Frequency of each phase, Voltage frequency of each phase, Phase angle, Voltage peak, Current peak, Crest factor of Voltage & Current, Corrected power. Optional: Form factor, Impedance, Resistance, Reactance.

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11. Software: User friendly fully featured PC based software for controlling the power analyzer, acquisition of all parameters communicated, display for data, computation and analysis of the measured data. The software enables quick and easy data download, analysis and report writing. 12. Wiring combinations: 1 Phase 2 wire, 1 Phase 3 wire, 3 Phase 3 wire, 3 Phase 3 wire- Two loads, 3 Phase 4 wire, 3 Phase 4 wire- Two loads and 6 Voltages, 6 Currents together. Measurement Modes: RMS, Mean value & DC. 13. User programmable CT/PT ratio scaling function for obtaining direct display of voltage and current of primary mode. 14. Line filter function to measure fundamental wave rms values of inverter output, max, hold function and average display function built in memory, USB for data storage. 15. Harmonics measurement function: - Harmonic analysis up to 100th order 16. Analysis Parameters: Voltage, Current, Active Power, Reactive Power, Apparent Power, Phase difference of harmonic competent relative to fundamental wave for each order, Harmonic content of Voltage, Current and Active Power for each order, Total Harmonic Distortion of Voltage, Current and Active Power, Voltage / Current telephone harmonic factor, Voltage/Current telephone influence factor (optional), Harmonic voltage/current factor. 17. Accessories: All the necessary/optional accessories to use the all channels for connecting to voltage and current terminals needs to be provided with instrument. Accessories like LAN cable, 9 pin connector male and female, Voltage probe and current probe as per specifications required to measure single phase & three phase power for various voltage and current applications. Number of voltage probe and current probe/clamps of different ranges should be mentioned by the bidder and same needs to be provided with the instrument for single/three phase power measurement. If any other accessories which is not mentioned in the specification and it is available with the instrument, same needs to be supplied with the instrument. 18. Hardware: Dell Precision Tower or equivalent, Processor (44 Core) – Dual Intel Xenon Processor E5 – 2699 v4 (22 Core, 2.2 GHz, 3.6 GHz Turbo, 2400 MHz, 55M, 145W) or equivalent, RAM – 256 GB (8*32GB) 2400MHz DDR4 in 1 CPU, Separate Boot drive: More than 2TB SATA (5400 RPM), Hard disk: 16 TB (4 X 4 TB) SATA - Raid 10 Configuration, Monitor (2No.) – 24’’ Ultra-sharp LED HD High Resolution - 1920 X 1080 with dual monitor stand of Dell or equivalent, Graphics Card: 12 GB NVDIA, Energy efficient chassis with appropriate cooling system/heat sink for dual processor, Internal Speaker, USB Optical Mouse, USB Keyboard, DVD/RW Drive, Operating System – Windows 7(64 bit) English upgradable to Windows 10 (64 bit), Data Protection Security Tool, Software Installed – Adobe Reader, Microsoft Office 2016 Business, Antivirus for three years – as specified by the engineer-in-charge. 3D Connexion 3DX-700058 Spacemouse Enterprise Kit or equivalent. Warranty - 3 Years onsite Warranty support. All other basic configuration need to be provided by the bidder. Make: Dell/HP/Fujitsu. 19. Averaging function: Exponential average and moving average up to 64 numbers.

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20. Math’s function input crest factors measurements, arithmetic calculation between two channels, at least 20 user defined functions. Delta calculations and motor evaluation function with speed and torque inputs to perform efficiency measurement as optional feature. 21. All components should comply with the requirements of IEC recommendation. 22. Make: Fluke/Norma/Yokogawa/Hioki/Voltech 23. Operating Conditions: Temperature - 00C to 500C, 24. Safety Arrangements: System should have adequate and reliable safety interlocks/devices to avoid damage to the system. All electronics parts are housed in shielded enclosures. 25. Cables: All necessary power and control cables for smooth operation for the instruments will be supplied with system. 26. Spares: Vendor to quote all necessary spares for two years trouble free operation. Same shall be considered for price evaluation. 27. Warranty: All the items supplied should be under a minimum Warranty period of 24 months from the date of delivery at BPCL. 28. Support: OEM and supplier should have their own facility of service and calibration in India. 29. One set of colored hard copy of user and instruction manual of the quoted model needs to be provided by the vendor. 30. Satisfactory: Minimum one year satisfactory performance certificate from PSU/Government department along with client list should be provided for the quoted model. 31. Has the offered model been discontinued by the manufacturer or is likely to be discontinued? : (Bidder to write Yes or No, whichever is applicable) Bidder to note that the models discontinued or likely to be discontinued are not acceptable.

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ANNEXURE - 3

BHARAT PETROLEUM CORPORATION LIMITED (CPO-R) APPLICABLE CHARGES AND GST SUB : Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D

Centre, Greater NOIDA

REF. : CRFQ No. 1000286384, e-Tender No. 27987 M/s ____________________________________________(Name of Company) Offer No. _______________________________________(Bidder’s Ref.) Contact Person Name & Mobile No. : ____________________________ E-mail ID : ___________________________

S No

Commercial conditions description

1.1

Freight charges in %, if applicable.

1.2

SGST in %

1.3

CGST in %

1.4

IGST in %

1.5

Invoicing / Billing Location (State)

1.6

HSC Code

Applicable for Supply at BPCL-CRDC, Noida

I hereby confirm that above commercial conditions shall supersede the clauses if any repeated anywhere in quotation.

VENDOR NAME : _______________________

SIGNATURE WITH SEAL:_______________________

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Annexure-4

BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries) SPECIAL PURCHASE CONDITIONS SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA . : CRFQ No. 1000286384, e-Tender No. 27987

1.0

INTRODUCTION

1.1

e-Bids in 2 (two) parts are invited for the tender for “Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA ” in complete accordance with tender documents and its attachments.

1.2

This is a Two Part Bid Tender, viz. Part-1 i.e. Techno-commercial un-price bid and Part-2 i.e. Priced-Bid. The Bidders shall submit details/ documents required for each type of Bid, as specified in the tender. Further, bids of only those vendors whose offers are found acceptable in Part-1 shall be considered for Part-2 opening and for further evaluation. All documents/ Bids submitted shall be digitally signed and sealed for authentication.

1.3

BPCL reserves the right to finalize the tender based on the ‘Sealed Price Bid’ submitted by the qualified Bidders OR by conducting ‘Reverse Auction’ (RA) with only qualified bidders. The Bidders should submit their best prices in the ‘Priced bid’. However, it may be noted that in case BPCL opts for ’RA’, the ‘Price Bid’ submitted by the Bidder shall not be opened. For conducting the RA, the ‘Opening / Start bid price’ and subsequent ‘Decrement value’ shall be specified by BPCL based on BPCL’s internal estimation process prior to RA. As a prerequisite, all Bidders shall have to confirm their compliance with the ‘Business Rule Document governing RA’ furnished in the tender.

1.4

To participate in tenders hosted by BPCL on e-procurement site, bidders are required to have a digital certificate and to do “Enrollment” (Register on site) by creating one User Id on the above site. All prospective bidders are requested to enroll onto BPCL e-tendering platform https://bpcleproc.in/ maintained by M/s. e-Procurement Technologies Limited, BPCL authorized Service Provider for e-tendering.

2.0

SPECIAL TERMS AND CONDITIONS

2.1

Bidder should supply, install and commission the Solar diagnostic equipment with accessories at BPCL-CRDC, Noida as per tender Specification attached.

2.2

Bidder should quote spares for 2 years trouble free operations and same will be considered for price evaluation.

2.3

Material found defective due to poor workmanship / not meeting the specification will be rejected and shall be replaced free of cost by the supplier (Vendor).

2.4

Rates quoted shall remain firm till the execution of the contract period and no claims for price escalation shall be entertained.

SPECIAL PURCHASE CONDITIONS

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2.5

Items should be properly packed and sent, to avoid any damage to the consignment. Supplied Fittings should be properly protected to avoid any transit damage. Raw / Solid wood packaging material of imported items has to be appropriately treated and marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries conforming to the International Plant Protection Convention or the members of Food & Agriculture Organization. Material from noncontracting parties would have to be accompanied by a phytosanitary certificate of the treatment endorsed. The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004.

3.0

DEFINITIONS AND INTERPRETATIONS

3.1

Where any portion of the GPC is repugnant to or at variance with any provisions of the SPC then, unless a different intention appears, the provisions of the SPC shall be deemed to govern the provisions of the GPC and SPC provisions shall prevail to the extent of such repugnancy, or variations exist.

3.2

In RFQ Documents unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires.

3.3

Notwithstanding the sub-division of the RFQ Documents into separate sections and volumes, every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Agreement so far as it may be practicable to do so.

3.4

All headings, subtitles and marginal notes to the clauses of the GPC, SPC or to the Specifications or to any other part of RFQ Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or construction thereof.

3.5

The terms fully capitalized and /or initial capitalized shall be interchangeable and shall have the meaning as assigned to fully capitalized term or initial capitalized term.

3.6

In BIDDING documents at all such places where obligations are confined to Purchaser alone such provision to read as ‘Purchaser’s obligation to the extent the context so means/ requires.

4.0

SUPPLIER’S SCOPE

4.1

Supplier’s scope shall include but not limited to (a) supply of Items as per tender technical specifications; (b) Testing (c) Packing; and (d) Loading on truck/ trailer and transportation up to site, (e) installation and (d) commissioning.

5.0

OFFER VALIDITY

5.1

Your offer should be valid for a period of 120 days from the final extended due date. BPCL reserves the right to accept or reject bids with lesser validity period not in line with BPCL requirement.

6.0

APPLICABLE CHARGES AND GST

6.1

Bidders are requested to quote their Packing and Forwarding charges in base rate and applicable Freight and applicable GST rate separately.

SPECIAL PURCHASE CONDITIONS

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6.2

All statutory levies, if applicable is payable extra by BPCL. However, any increase / decrease in statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account. If the material is not supplied within the scheduled delivery period, then any increase on taxes will be on vendor's account.

7.0

ANTI PROFITEERING CLAUSE:

7.1

If any new tax is introduced on sale of goods/services by VENDOR to OWNER in lieu of one or more of the then existing taxes or as a new tax altogether and the rate and impact of the new taxes is less than the rate and impact of existing tax or taxes which it replaces, VENDOR shall pass on to OWNER the benefit thereof by of commensurate reduction in the amount payable by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess than the rate of the new taxes it replaces, the OWNER on satisfactory proof shall reimburse the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the new taxes provided they are within the contractual completion date. Explanation: For the purpose of above clause, impact means and includes the addition/reduction of taxes suffered on inputs, input services & capital goods. Further, impact of stranded taxes like CST on Interstate purchases, entry tax/octroi, etc (if applicable) also needs to be considered. The vendor shall take steps viz uploading invoice in GSTR 1 , payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws for the time being in force to enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax credit or any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or made good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the time-lines as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, interest as the case may be, shall be reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the OWNER.

8.0

FIRM PRICES

8.1

The quoted Prices shall remain firm and fixed for the entire duration of order and in all respects and no escalation in prices on any account shall be admissible. Non-acceptance of firm rates for entire completion of order period is liable for rejection.

9.0

PAYMENT

9.1

PAYMENT TERMS Payment will be made through NEFT, on submission of Invoice, Packing list and LR i) 80% of the value of equipment against Receipt of Material at BPCL Site within 15 days. ii) Balance 20% of the value of equipment against satisfactory installation and commissioning of the equipment and on submission of 10% Performance Bank guarantee (PBG) for 10% of order value, valid till full guarantee period (18 months) plus six months claim period.

SPECIAL PURCHASE CONDITIONS

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9.2

GENERAL

9.2.1

All payments shall be released within 30 days of receipt of invoice and all requisite documents, i.e. Material Test Certificates, TPI release notes, packing slips etc.

9.2.2

Performance Guarantee bond for 10% of order value by way of Bank Guarantee in the prescribed format from any Scheduled Indian Bank as per General Purchase Conditions (GPC) and as per format of PBG provided shall be provided.

9.2.3

The PBG should be valid for a period of 18 months (12 months + 6 months claim lodging period) shall be furnished.

9.2.4

No initial advance payment along with order shall be made by BPCL against supplies. If a supplier insists on the same, the offer shall be rejected.

9.2.5

BPCL has tied up with SBI for implementation of SFMS (Structured Financial Messaging Service) Bank Guarantee Process and the salient features are as given below: Vendors have to issue of SFMS Bank Guarantee for faster payments. 1) Vendors/ Contractors shall provide BPCL’s Bank Account No. & IFSC Code (Details given below) to their Bank at the time of application for Bank Guarantee in favor of BPCL 2) Issuing Bank shall issue the Bank Guarantee & send SFMS message to BPCL Bank confirming the Bank Guarantee as genuine 3) BPCL’s Bank (SBI) shall in turn send the said SFMS message to BPCL’s dedicated email ID basis which BPEC shall consider the said Bank Guarantee as verified by Bank 4) Once the above process is completed, BPEC Team shall proceed with the release of payment to vendors which is due against the said Bank Guarantee Name of Bank: State Bank of India Branch: CAG Branch, Mumbai Account No: 11083980831 IFSC Code: SBIN0009995

10.0

DELIVERY SCHEDULE / COMPLETION PERIOD

10.1

Delivery Period : 8 weeks from the date of Call-off / Purchase Order whichever is earlier, on FOT Site basis. BPCL reserves the right to accept or reject bids with delivery period not in line with BPCL requirement.

10.2

The receipt of the supplies against the call offs / Purchase Order at each location shall be considered as Delivery date for calculation of Price reduction for delay.

10.3

These schedules are for normal consignments. However, supplier shall arrange to supply emergency requirements, if any, as per our request on priority

10.4

Supplier’s prices should be door delivery basis. The ordered items are to be delivered to the BPCL- CRDC, Noida.

10.5

Failing to meet the delivery schedule / completion period will be subject to Price Reduction and/or curtailing other remedies available to the Purchaser as per RFQ Documents.

10.6

Bidder shall quote firm freight charges in percentage of basic price up to destination by road on freight pre-paid door delivery basis. Bidder has to quote freight charges in percentage only. Non-acceptability of freight charges in percentage is not acceptable to BPCL and their offers stand commercially rejected.

SPECIAL PURCHASE CONDITIONS

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10.7

Delay in receiving Invoices or failure in providing copies of dispatch documents and any demurrage or wharfage or any loss resulting thereby shall be borne by the vendor.

10.8

Supply of part quantities will be acceptable only at the discretion of BPCL. In all other cases vendor shall supply the entire quantity as per purchase order at a time.

11.0

PRICE REDUCTION SCHEDULE

11.1

Applicable as per attached GPC.

12.0

DESPATCH INSTRUCTIONS

12.1

Following dispatch documents are required to be submitted by the Supplier immediately after shipment is made: • Commercial Invoice • LR/ Challan. • Packing List • Test Certificates • Inspection Release Note by Third Party Inspection Agency.

13.0

INSURANCE

13.1

Transit risk insurance shall be covered by BPCL and the same has not been included in the quoted prices.

14.0

GENERAL PURCHASE CONDITIONS (GPC)

14.1

Attached General Purchase Conditions (GPC) shall be applicable for this contract.

15.0

GUARANTEE/ WARRANTY

15.1

The material shall be guaranteed for its design, good workmanship, size, capacity and operation and satisfactory performance for a minimum period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier.

16.0

SUBMISSION OF OFFER

16.1

Vendors are requested to quote/fill the rate against each item in our e- procurement portal. Vendor to fill applicable charges and GST at Mumbai Refinery and Kochi Refinery in the e- procurement portal only.

16.2

Following documents are to be signed and stamped on each page and uploaded in the etender portal:a. Signed, stamped and scanned copies of “Un-priced bid” and HSN No. of each item. b. Signed, stamped and scanned copies of supporting documents for meeting technical specifications, c. Signed, stamped and scanned copies of applicable charges and GST for the tender. d. Signed, stamped and scanned copy of Acceptance sheet available at the end of Special Purchase Conditions (SPC) and Business Rules Document for reverse auction, e. Signed, stamped and scanned copy of all pages of General Purchase Conditions (GPC), f. Duly filled, signed (all pages and 3 signatures on last page), stamped and scanned copy of all pages of Integrity Pact document, Proforma for Declaration regarding Holiday Listing, Commercial Questionnaire and Advisory on environmental criteria, g. Technical & Commercial Deviations if any, to the tender documents, by giving reference to the clause nos. in the Technical Deviation or Commercial Deviation.

SPECIAL PURCHASE CONDITIONS

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16.3

Following documents are to be filled online in the e-tender portal: Unit price in the price bid format in the e-procurement portal in Part-2 section i.e. Price bid section.

16.4

Offer submitted by Telex/ Telegraph/ Fax/ e-Mail or Hard copy in sealed covers shall not be accepted.

16.5

BPCL shall not be responsible for any delay in uploading of offer by the bidder in eProcurement portal.

16.6

Bidders to quote based on specifications.

17.0

EVALUATION CRITERIA

17.1

Evaluation on Lowest Quote basis for complete main equipment with accessories including spares for 2 years trouble free operations. All the items in the Price bid format shall be considered for evaluation. BPCL reserves the right to place order as per MSE policy. MSE registered vendors should be manufacturer of the item. Bidders who are Authorised Suppliers or Authorised Agents or Traders of Manufacturer have to submit the MSE- Entrepreneur Memorandum (EM-II) certificate of their Manufacturer of item. The benefit of the MSE policy is not extended to the Traders/ Dealers.

18.0

TENDER OPENING

18.1

The deadline for bid submission is 13:00 hrs. on the due date mentioned. The bids can be submitted in the e-procurement website up to the tender due date and time.

18.2

Part-1 i.e. Techno-Commercial un-priced bid section submitted online for the subject tender will be opened on 13:30 hrs. on e-tendering portal on tender due date and time. Part-2 i.e. Price Bid (if reverse auction not done) submitted online for the subject tender will be opened on e-tendering portal of only qualified bidders in Technical bids. Qualified bidders will be informed about the date and time of opening of bids one day prior to bid opening date by e-mail. It may be noted that Techno-Commercial un-priced bid and price bid opening can be witnessed by bidders on e-tender site or in person at CPO-Refineries office. In case bidder wishes to participate in person, they can inform BPCL the representative’s name, designation and mobile phone number to enable BPCL to arrange for necessary visitor’s permission.

19.0

EARNEST MONEY DEPOSIT (EMD) :

19.1

EMD is not applicable for this tender.

20.0

POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:

20.1

The guidelines for holiday listing shall be applicable as per web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf

20.2

Bidders are required to confirm that the Holiday Listing Policy of BPCL is read and understood by them.

20.3

Bidders serving holiday listing order issued (as on bid opening date) by BPCL, MOP&NG, EIL or any other Oil PSEs would not get qualified in this tender.

20.4

A declaration to be submitted by bidder indicating that they are not on holiday list by BPCL / MOP&NG / EIL or any other Oil PSEs as on due date of bid submission anywhere in the country.

SPECIAL PURCHASE CONDITIONS

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Offers not accompanied with such declaration shall make the bidders liable for rejection. Any wrong declaration in this context shall make the bidders liable for action under the Holiday Listing procedure." 21.0

BID REJECTION CRITERIA:

21.1

The bidders shall adhere to the following provisions of the Bidding Document without taking any deviations, failing which the Bid shall be considered to be non-responsive and are liable to be rejected. a. b. c. d. e.

Defects liability period/ Guarantee Period. Insufficient validity period. Advance payment Non submission of Holiday Listing declaration Any other rejection point specified elsewhere in the RFQ Documents.

22.0

POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:

22.1

The guidelines for holiday listing shall be applicable as per web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf

23.0

ARBITRATION CLAUSE:

GPC Arbitration clause is revised as below: 23.1

Option “1”. “Law, Arbitration and Jurisdiction: A. Negotiation and Conciliation: The Parties shall endeavor to settle any dispute, difference, claim, counter-claim, question or controversy between the Parties arising out of, in connection with or in relation to this Agreement (“Dispute”) amicably between themselves, through negotiation. B. Reference to Arbitrator: I. Any Dispute which the Parties are unable to resolve pursuant to Clause (A) within thirty (30) days of the written notification by one Party to the other of the existence of a Dispute shall be finally determined by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. II. All arbitration proceedings shall be conducted in English language. For the purpose of such arbitration, both parties shall in good faith explore the possibility of agreement on a Sole Arbitrator and in case of failure of such mutual agreement on Sole Arbitrator, each party shall appoint one arbitrator and both appointed arbitrator shall appoint third arbitrator. The Arbitral tribunal shall decide any such dispute or claim strictly in accordance with the governing law specified below. The arbitration shall be conducted in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996. III. The venue of arbitration shall be Mumbai, India. The Award may include an award of costs. Each Party shall bear their respective expenses in relation to the arbitration and the eventual liability for the costs shall be in terms of the arbitral award. IV. Notwithstanding of arbitration in respect of such dispute, the parties shall continue to perform their respective obligations under this Agreement without prejudice to the final determination/ Award in respect of such dispute.

SPECIAL PURCHASE CONDITIONS

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C. Decision/ Award: Any decision or Award of the Arbitrator appointed pursuant to this clause shall be final and binding upon the parties. D. Governing Laws/ Jurisdiction: This Agreement shall be governed by and construed in accordance with Laws of India. Each of the Parties hereto irrevocably submits to the sole and exclusive jurisdiction of the Courts at Mumbai, India.” In case 1st Option is not acceptable then: 23.2

Option “2”. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under LCIA India Arbitration Rules, which Rules are deed to be incorporated by reference into this clause. The number of arbitrator shall be three. The seat or arbitration shall be Mumbai, India. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of India. In case Option “1 & 2” are not acceptable then:

23.3

Option “3”. Any dispute arising out of or in connection with this contract, including any question regarding is existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are dimed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. This contract is governed by the Laws of India.

24.0

GENERAL POINTS:

24.1

BPCL reserves the right to extend due dates of tender, accept or reject any tender in part or full, without assigning any reason whatsoever. BPCL also reserves its right not to accept the lowest rates quoted by the bidders 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.

24.2

BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/ decision of BPCL regarding the same being final and conclusive.

24.3

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.

24.4

Offers and all correspondence must be in English language only.

24.5

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

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24.6

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

24.7

Cutting / Correction: All entries in the tender 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.

24.8

The commercial terms offered by the bidder should be firm, clear and specific as the tenders shall normally be finalized without seeking further clarification.

25.0

BPCL SUPPLIER/ VENDOR ADVISORY ON ENVIRONMENTAL CRITERIA As you are aware that environment is one of the most precious gifts given to us by Mother Nature. We must be conscious of our actions and act responsibly to preserve and conserve the environment. BPCL has always endeavored to be a responsible & conscious corporate citizen. We would also want to engage you - our suppliers – in the efforts to reduce our impact on the environment.

Below are the advisory guidelines on environmental criteria, which we want our suppliers to follow: 1.

2.

3.

4.

Emission / Pollution Control [Air, Water, Soil, Noise etc.] a. The organization and its all operations should follow all laws related to emission/pollution norms. b. The organization should get all necessary approvals & certifications for emission/pollution control from relevant authorities for plants, equipments, vehicles etc. c. Monitoring mechanism should be put in place for all emissions/pollution emitted from organization owned assets ex. equipment, vehicles etc. d. Organization should conduct training and awareness programs for the staff on emission/pollution impacts and prevention Energy a. Monitoring energy consumption by the organization from all sources should be done. b. Organization should strive to reduce energy consumption by employing energy efficiency & conservation measures. c. Use of alternate fuel sources & renewable energy should be promoted by the organization. Water a. Water consumption from all the sources should be monitored by the organization. b. Reduction in water consumption should be aimed by treating water waste & alternative use of waste water c. Waste water should be treated to remove harmful elements before releasing it to the ecosystem. Reducing Resource Intensity a. Optimization / reuse / recycle techniques should be used to reduce the use of resources. b. Minimizing use of resources having major environmental impact should be done and substitutes should be found. c. Proper handling should be done for hazardous resources (chemicals etc.) having impact on humans & eco system.

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5.

6.

Waste management a. Waste segregation based on type of waste (solid, liquid, hazardous etc), generated by the organization should be done. b. Opportunities for recycling & reuse of waste should be Identified & promoted by the organization. c. Hazardous waste should be handled by trained personnel & disposed to authorized agencies only. Risk mitigation a. Environmental Risk Assessment should be carried out for all the organization’s operations. b. The severity / extent of damage due to the environmental risk should be estimated. c. Staff / personnel involved in operations related to environmental risks should be trained and regular awareness programs should be conducted. The guidelines are indicative of the direction that the suppliers should take to be more environmentally supportive. Suppliers should join hands with BPCL in making a value chain that is environmentally aware and responsible.

26.0

INFORMATION ON E-PROCUREMENT SYSTEM

The bidder is requested to download the tender from BPCL’s e-tendering website https://bpcleproc.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://bpcleproc.in. For registration on the e-tender site https://bpcleporc.in, bidder needs to download the Instructions to Vendors document from the site and read it. They shall select “Register” and complete the “Bidder Registration Form” by filling in all the information correctly. Kindly remember the login id (e-mail), password entered therein. After completing this process, you will receive a system generated e-mail, click on the link and complete balance Registration process. As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Certificate of Class III 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. E Procurement Technologies Limited, (Contact Number +91 9099090830, +91 7940016816) 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. In case any corrigendum/amendment is issued after the submission of the bid by any bidders, then such Bidders, who have submitted their bids, shall be intimated about the corrigendum / amendment by a system-generated email. 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. No communication other than the above will be circulated regarding Corrigendum / amendment, if any. 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://bpcleproc.in) for submitting their bid. The system time (Indian Standard Time - IST) that will be displayed on e-Procurement web page shall be the time considered for determining the SPECIAL PURCHASE CONDITIONS

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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. 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. No manual bids / offers along with electronic bids / offers shall be permitted. 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 “Reports” 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. 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. 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. In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies / personnel: For system related queries: (our e-tendering service provider)

E-Procurement Technologies Limited (Procure Tiger) Bidders Help Desk No. : +91 - (79) - 40270573 Email: [email protected] Contact: Mr. Satya, [email protected], Telephone: +91 9004014223 Mr. Ajay Nandangi, [email protected], Telephone: +91 22 25533128. 91 7208726400 *********************

SPECIAL PURCHASE CONDITIONS

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BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries) SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA . : CRFQ No. 1000286384, e-Tender No. 27987

ACCEPTANCE OF SPECIAL PURCHASE CONDITIONS (Annexure-4)

We, M/s __________________________________________________ having office at __________________ read SPECIAL PURCHASE CONDITIONS and confirm our acceptance to all the terms and conditions as mentioned herein in the document except for deviations mentioned in the deviation form.

Date

:

Signature of Authorised Signatory with Name & designation and Co. Seal.

Name & full address of the Firm : M/s _______________________

SPECIAL PURCHASE CONDITIONS

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Annexure-5 Bharat Petroleum Corporation Limited General Purchase Conditions The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions. INDEX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.

DEFINITIONS REFERENCE FOR DOCUMENTATION RIGHT OF OWNER TO ACCEPT OR REJECT TENDER LANGUAGE OF BID PRICE TAXES AND DUTIES INSPECTION SHIPPING INDIAN AGENT COMMISSION ORDER AWARD / EVALUATION CRITERIA CONFIRMATION OF ORDER PAYMENT TERMS GUARANTEE/WARRANTY PERFORMANCE BANK GUARANTEE PACKING & MARKING DELIVERY UNLOADING AND STACKING TRANSIT INSURANCE VALIDITY OF OFFER DELIVERY DATES AND PRICE REDUCTION SCHEDULE RISK PURCHASE CLAUSE FORCE MAJEURE CLAUSE ARBITRATION CLAUSE INTEGRITY PACT (IP) RECOVERY OF SUMS DUE CONFIDENTIALITY OF TECHNICAL INFORMATION PATENTS & ROYALTIES LIABILITY CLAUSE COMPLIANCE OF REGULATIONS REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT NON-WAIVER NEW & UNUSED MATERIAL PURCHASE PREFERENCE CLAUSE CANCELLATION ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION

36. 37. 38. 39. 40

ASSIGNMENT GOVERNING LAW AMENDMENT SPECIAL PURCHASE CONDITIONS NOTICES

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Bharat Petroleum Corporation Limited General Purchase Conditions 1.

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

1.1.

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

1.2.

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

1.3.

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

1.4.

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

1.5.

SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LTD. desires to receive materials any where in India as mentioned in RFQ.

1.6.

“RATE CONTRACT” means the agreement for supply of goods/ materials between Owner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no commitment of contractual quantity) on mutually agreed terms and conditions. The actual supply of goods/ materials shall take place only on issue of separate purchase orders for required quantity as and when required by Owner.

1.7.

“FIRM PROCUREMENT” means the agreement between the parties for mutually agreed terms and conditions with commitment of Quantity Ordered.

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2.

REFERENCE FOR DOCUMENTATION :

2.1.

The number and date of Collective Request for Quotation (CRFQ) must appear on all correspondence before finalization of Rate Contract / Purchase Order.

2.2.

After finalization of Contract / Purchase Order: The number and date of Rate Contract / Purchase Order must appear on all correspondence, drawings, invoices, dispatch advices, (including shipping documents if applicable) packing list and on any documents or papers connected with this order.

2.3.

In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the invoice and shipping documents as well as on the packages or consignments.

3.

RIGHT OF OWNER TO ACCEPT OR REJECT TENDER : The right to accept the tender will rest with the Owner.

4.

LANGUAGE: The Bid and all supporting documentation and all correspondence whatsoever exchanged by Vendor and Owner, shall be in English language only.

5.

Price : Unless otherwise agreed to the terms of the RFQ, price shall be : Firm and no escalation will be entertained on any ground, except on the ground of statutory levies applicable on the tendered items.

6.

TAXES AND DUTIES : All vendors shall have VAT / CST/GST/Service tax registration in the concerned State and vendor shall quote their TIN number in the quotation.

6.1.

EXCISE DUTY :

6.1.1.

Excise duty extra as applicable at the time of delivery within scheduled delivery period will be payable by BPCL against documentary evidence. Vendor shall mention in their offer, the percentage of excise duty applicable at present. Any upward variation in excise duty rates, beyond the contractual delivery period, shall be to vendor’s account.

6.1.2.

In case Excise Duty is not applicable at present : Excise duty due to change in turn over is not payable. If applicable in future, the same will be borne by vendor.

6.1.3.

Owner shall take CENVAT Credit on the material supplied for both excise duty and cess component and accordingly Excise duty / Cess should be quoted separately wherever applicable. Vendor shall ask the transporter of the goods to hand over the copy of excise invoice (transporter’s copy) at the time of delivery of goods at owner’s site.

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6.2.

SALES TAX / VAT/GST :

6.2.1.

Sales Tax as applicable at the time of delivery within scheduled delivery period will be payable by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently applicable in their offer. The rates applicable for “CST without form C”, “CST with form C" and “VAT” shall be clearly indicated.

6.2.2.

Input VAT Credit may be claimed by BPCL, wherever applicable. Vendor shall submit the TAX invoice.

6.3

Service tax : All vendors shall have service tax registration wherever applicable. BPCL may also claim CENVAT Credit on service tax. The vendor should quote service tax separately, if applicable. Vendor shall submit the TAX invoice. Vendor is required to furnish serially numbered and signed invoice / bill / challan containing the following details: a) b) c) d)

Name, address and registration number of the service provider Name and address of person receiving taxable service Description, classification and value of taxable service provided Service Tax Payable

6.4

FREIGHT AND OCTROI :

6.4.1

Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be payable after receipt of the Material(s) at the site, unless otherwise specified.

6.4.2.

Octroi and entry taxes, if any, shall be invoiced separately and shall be re-imbursed by BPCL at actuals after receipt of the Material(s) at the Site against the submission of original documentary evidence for proof of payment of the related octroi and entry taxes, as the case may be.

6.5.

NEW STATUTORY LEVIES : All new statutory levies leviable on sale of finished goods to owner , if applicable are payable extra by BPCL against documentary proof, within the contractual delivery period.

6.6

Variation in Taxes/Duties Any increase/decrease in all the above mentioned statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account. Any upward variation in statutory levies after contractual delivery date shall be to vendor’s account.

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7.

INSPECTION :

7.1.

Materials shall be inspected by BPCL approved third party inspection agency if applicable before dispatch of materials. However, arranging and providing inspection facilities is entirely vendor’s responsibility and in no way shall affect the delivery schedule.

7.2.

Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies are SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to time unless otherwise specified in the Special Purchase Conditions.

7.3.

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

7.4.

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

7.5.

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

7.6.

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

8.

SHIPPING :

8.1

SEA SHIPMENT : All shipment of materials shall be made by first class direct vessels, through the chartering wing, Ministry of Surface Transport as per procedure detailed hereunder. The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo intended for the project in a specific manner so as to faciliate and to avoid any over carriage at the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable. The bills of lading should be made out in favour of `Bharat Petroleum Corporation Ltd.. or order'.

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All columns in the body of the Bill of Lading namely marks and nos., material description, weight particulars etc., should be uniform and accurate and such statements should be uniform in all the shipping documents. The freight particulars should mention the basis of freight tonnage, heavy lift charges, if any, surcharge, discount etc. clearly and separately. The net total freight payable shall be shown at the bottom. SHIPPING DOCUMENTS : All documents viz. Bill of Lading, invoices, packing list, freight memos, country of origin certificates, test certificate, drawings and catalogues should be in English language. In addition of the bill of lading which should be obtained in three stamped original plus as many copies as required, invoices, packing list, freight memos,(if the freight particulars are not shown in the bills of lading), country of origin certificate, test / composition certificate, shall be made out against each shipment in as many number of copies as shown below. The bill of lading, invoice and packing list specifically shall show uniformly the mark and numbers, contents case wise, country of origin, consignees name, port of destination and all other particulars as indicated under clause 2. The invoice shall show the unit rates and net total F.O.B. prices. Items packed separately should also be invoiced and the value shown accordingly. Packing list must show apart from other particulars actual contents in each case, net and gross weights and dimensions, and the total number of packages. All documents should be duly signed by the Vendor's authorised representatives. In the case of FOB orders, Shipping arrangements shall be made by the Chartering Wing Of the Ministry of Surface Transport, New Delhi through their respective forwarding agents. The names and addresses of forwarding agents shall be as per Special Purchase Conditions. Supplier shall furnish to the respective agents the full details of consignments such as outside dimension, weights (both gross and net) No of packages, technical description and drawings, name of supplier, ports of loading, etc. 6 weeks notice shall be given by the supplier to enable the concerned agency to arrange shipping space. The bill of lading shall indicate the following : Shipper :

Goverment of India

Consignee : Bharat Petroleum Corporation Ltd. In case of supplies from USA, Export Licences, if any required from the American Authorities shall be Obtained by the U.S. Suppliers. If need be assistance for obtaining such export licences would be available from India Supply Mission at Washington. 8.2

AIRSHIPMENT : In case of Airshipment, the materials shall be shipped through freight consolidator (approved by us). The airway bill shall be made out in favour of BHARAT PETROLEUM CORPORATION LTD.

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TRANSMISSION OF SHIPPING DOCUMENTS : Foreign Supplier shall obtain the shipping documents in seven complete sets including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made, and airmail as shown below so that they are received at least three weeks before the Vessels arrival. Foreign Supplier shall be fully responsible or any delay and / or demurrage in clearance of the consignment at the port due to delay in transmittal of the shipping documents. If in terms of letter or otherwise, the complete original set of documents are required to be sent to BPCL through Bank the distribution indicated below will confine to copies of documents only minus originals. Documents

BPCL (Mumbai)

Bill of Lading 4 (including 1 original) Invoice 4 Packing List 4 Freight Memo 4 Country of Origin Certificate 4 Third party inspection certificate 4 Drawing 4 Catalogue 4 Invoice of Third Party 4 for inspection charges whenever applicable. 9.

INDIAN AGENT COMMISSION

:

Any offer through Indian agents will be considered only after authorization mentioning them as Indian agents, is received from Vendor. Indian agents commission if applicable will be payable only in Indian currency. Indian agents should be registered with Directorate General of Supplies and Disposals, Government of India and agency commission will be payable only after registration with DGS&D, New Delhi. 10.

ORDER AWARD / EVALUATION CRITERIA : Unless otherwise specified, Order award criteria will be on lowest quote landed price basis. Landed price will be summation of Basic Price, Packing & Forwarding Charges, Excise Duty, Sales Tax, Freight, Inspection, Octroi, Supervision of Installation & Commissioning and other taxes & levies, loading etc, if any, reduced by cenvat/vat credit as applicable.

11.

CONFIRMATION OF ORDER : The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the same. The vendor shall sign, stamp the acknowledgement copy of the purchase order and return the same to BPCL.

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12.

PAYMENT TERMS :

12.1.

Unless otherwise specified, 100% payment shall be made within 30 days from date of receipt and acceptance of materials at Site against submission of Peformance Bank Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.

12.2.

In the case of imports, payment will be made on submission of original documents directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against documentsCAD) or through irrevocable Letter of Credit.

12.3.

Unless otherwise mentioned, the specified documents (All documents listed below (one original and two copies)) should be submitted to originator of P.O. (the name and contact details of whom are given in PO) and payments for despatches will be made by the originator of Purchase Order : a) b) c) d) e) f) g) h) i) j)

Invoice Excise invoice The Lorry Receipt of the consignment Packing list for the consignment Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release Note, wherever applicable Manufacturers Test/Composition Certificate, wherever applicable Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable Guarantee/Warranty Certificate(s), wherever applicable. Original Receipt for Octroi/other statutory levies as applicable. Performance Bank Guarantee as applicable.

13.

GUARANTEE/WARRANTY :

13.1.

Materials shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier. Warranty for replacement of material / accessories should be provided free of charges at our premises. The above guarantee/warranty will be without prejudice to the certificate of inspection or material receipt note issued by us in respect of the materials.

13.2.

All the materials including components and sub contracted items should be guaranteed by the vendor within the warranty period mentioned above. In the event of any defect in the material, the vendor will replace / repair the material at BPCL’s concerned location at vendor’s risk and cost on due notice.

13.3.

In case, vendor does not replace / repair the material on due notice, rejected material will be sent to the vendor on “Freight to pay” basis for free replacement. Material after rectification of defects shall be dispatched by the vendor on “Freight Paid” basis. Alternatively, BPCL reserves the right to have the material repaired / replaced at the locations concerned, at the vendor’s risk, cost and responsibility.

13.4.

The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc. so repaired and / or replaced.

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14.

PERFORMANCE BANK GUARANTEE :

14.1.

Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of purchase order unless otherwise specified. This bank guarantee shall be valid (shall remain in force) for guarantee period (as mentioned in the guarantee clause), with an invocation period of six months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format is as per Annexure I. In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of PBG, till the expiry of guarantee and claim period. In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per Annexure I) through the following : a) Branches of Indian scheduled banks operating in their Country. b) Foreign bank operating in their Country which is counter guaranteed by branches of Indian scheduled banks operating in their Country/India. c) Indian branches of foreign banks. d) Foreign bank operating in their Country counter guaranteed by their Indian branch However, in respect of c) and d) above, the Indian branch of foreign banks should be recognized as scheduled bank by Reserve Bank of India.

14.2.

If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (i.e. PBG issued against every purchase/call off order) then the validity of PBG will be calculated as mentioned below :

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract Period (validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee period + 6 month (for invocation / Claim). 15.

PACKING & MARKING :

15.1

PACKING :

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport for the goods of this purchase order including loading and unloading operation both by crane and by pushing off. In the case of imports, all equipments / materials shall be suitably packed in weather proof, seaworthy 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 upto the final point of destination. Raw/Solid wood packaging material of imported items has to be appropriately treated & marked as per International Standard of Phytosanitary Measures (ISPM-15") for material originating from the contracting countries to the International Plant Protection Convention or the members of Food & Agriculture Organization. Material from noncontracting parties would have to be accompanied by a phytosanitary certificate of the

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treatment endorsed. The Custom Officer at Indian Port shall not release the material without appropriate compliance of the above provisions w.e.f. 01.11.2004. 15.1.2 The packing specification incorporated herein are supplementary to the internal and external packing methods and standards as per current general rules of J.R.A. Good Tariff Part-I. All packaging shall be done in such a manner as to reduce volume as much as possible. 15.1.3 Fragile articles should be packed with special packing materials depending on the type of Materials and the packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T ROLL THIS END UP. THIS END DOWN," to be indicated by arrow. 15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in drums, cans and tins only. However, Catalyst may be supplied in Jumbo bags. 15.1.5 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of all cognizant Government Authorities and other Governing bodies. It shall be the responsibility of the seller of hazardous materials to designate the material as hazardous and to identify each material by its proper commodity name and its hazardous material class code. 15.1.6 All package requiring handling by crane should have sufficient space at appropriate place to put sling of suitable dia (strength). Iron/Steel angle should be provided at the place where sling marking are made to avoid damage to package/ equipment while lifting. 15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing rods, bars, pipes, structural members etc. shall be bundled in uniform lengths and the weight shall be within the breaking strength of the securing wire or strapping. In the case of imports, for bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each end. 15.1.8 All delicate surface on equipment/materials should be carefully protected and printed with protective paint/compound and wrapped to prevent rusting and damage. 15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened to the case bottom and shall be blocked and braced to avoid any displacement/shifting during transit. 15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately in wooden cases with adequate protection inside the case and wherever possible should be sent along with the main equipment. Each item shall be suitably tagged with identification of main equipment, item denomination and reference number of respective assembly drawing. Each item of steel structure and furnaces shall be identified with two erection markings with minimum lettering height of 15mm. Such markings will be followed by the collection numbers in indelible ink/paint. A copy of the packing list shall accompany the materials in each package. 15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted wooden disc on the flanges. All nozzles, holes and openings and also all delicate

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surfaces shall be carefully protected against damage and bad weather. All manufactured surfaces shall be painted with rust proof paint. In the case of imports, for bulk uniform material when packed in several cases, progressive serial numbers shall be indicated on each case. 15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene bags containing silicagel or similar dehydrating compound. 15.1.13 Pipes shall be packed as under: a. Upto 50mm NB in wooden cases/crates. b. Above 50mm NB and upto 100mm NB in bundles and should be strapped at minimum three places. c. Above 100mm NB in loose. 15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of their sizes. 15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before packing. In the case of imports, all pipes and sheets shall be marked with strips bearing progressive no. 15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together with equipment/materials. One copy of the detailed packing list shall be fastened outside of the package in waterproof envelope and covered by metal cover. 15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient packing as well as for corrosion due to insufficient protection. 15.1.18 Packaged equipment or materials showing damage defects or shortages resulting from improper packaging materials or packing procedures or having concealed damages or shortages, at the time of unpacking shall be to the supplier’s account. All packages which require special handling and transport should have their Centres of Gravity and the points at which they may be slung or gripped clearly indicated and marked “ATTENTION SPECIAL LOAD HANDLE WITH CARE” both in English/Hindi Languages. In the case of imports, a distinct colour splash in say red black around each package crate / bundle shall be given for identification. 15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions and also the Inspection certificate/release note, wherever applicable.

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15.2.

MARKING : The following details to be written on the side face of packing: a) b) c) d) e)

15.3

Purchase Order Number Vendor Name Batch no with Manufacturing date Procedure (in brief) for handling Date of dispatch etc.

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

BHARAT PETROLEUM CORPORATION LIMITED (With detailed address as given in Special Purchase Conditions) From : To

: Bharat Petroleum Corpn.Ltd.

(With detailed address as given in Special Purchase Conditions) Order no. Item : Equipment Nomenclature : Net weight : Gross weight : Case No. Dimensions : Import Licence No.

Rev. no.

Kgs. Kgs. of

Total cases :

NOTE : Marking shall be bold - minimum letter height 5 cm. For every order and every shipment, packages must be marked with serial progressive numbering. Top heavy containers shall be so marked either Top Heavy or Heavy Ends. When packing material is clean and light coloured, a dark black stencil paint shall be acceptable. However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings.

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In case of large equipments like vessels, heat exchangers, etc. the envelope containing the documents shall be fastened inside a shell connection, with an identifying arrow sign "documents" using indelible paint.

16.

DELIVERY :

16.1.

Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the date of receipt of Purchase order.

16.2.

Time being the essence of this contract, the delivery mentioned in the purchase order shall be strictly adhered to and no variation shall be permitted except with prior authorization in writing from the Owner. Goods should be delivered, securely packed and in good order and condition, at the place of delivery and within the time specified in the purchase order for their delivery.

16.3.

The contractual delivery period is inclusive of all the lead time for engineering / procurement of raw material, the manufacturing, inspection / testing, packing, transportation or any other activity whatsoever required to be accomplished for effecting the delivery at the required delivery point.

16.4.

Unless otherwise specified, Material(s) shall not be despatched without prior inspection and/or testing and Release Order/Material(s) Acceptance Certificate issued by the Inspector(s).

16.5.

BPCL shall have the right to advise any change in despatch point or destination in respect of any Material(s). Any extra expenditure incurred by the Vendor on this account supported by satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.

17.

UNLOADING AND STACKING : Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action.

18.

TRANSIT INSURANCE : Unless otherwise mentioned,

18.1.

Transit Insurance shall be covered by BPCL against its Mega Package Policy.

18.2

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

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18.2.

The Vendor shall send BPCL information of the proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit insurance of the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor’s risk.

18.3.

In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send advance information by way of Telex message to Bharat Petroleum Corporation Ltd., (with detailed address as given in Special Purchase Conditions) giving particulars of the shipments, vessels name, port of shipment, bill of lading number and date, total FOB and freight value.

19

VALIDITY OF OFFER: The rates quoted against this tender shall be valid for a period of 90 Days from the date of opening of the tender unless otherwise specified in the Special Purchase Conditions.

20.

DELIVERY DATES AND PRICE REDUCTION SCHEDULE :

20.1.

The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered to on the clear understanding that the Price(s) of the Material(s) has/have been fixed with reference to the said Delivery date(s).

20.2.

If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond the stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in writing of such anticipated delay and of the steps being taken by the Vendor to remove or reduce the anticipated delay, and shall promptly keep BPCL informed of all subsequent developments.

20.3.

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

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the basic value of any goods not delivered for every week of delay or part thereof, limited to a maximum of 5% of the total basic order value. LR date will be considered as delivery completion date for calculation of price reduction in the case of ex works contract. Date of receipt of materials at owners premises shall be considered for calculation of price reduction for F.O.R destination contract. In the case of imports, the contractual delivery date shall be considered from the date of Letter of Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one week (to take care of transit time for receipt of L/c) plus the delivery schedule as indicated by the vendors. In case of the shipment taking place on “Cash against documents”, the contractual delivery shall be taken from the date of purchase order plus one week (to take care of transit time for receipt of order) plus delivery period. Further the date of B/L or House airway bill shall be considered to find out the delay with respect to contractual delivery date. In case of FOB shipments if the vessel is not available then the intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. So vendor shall inform the

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readiness of material for shipment on FOB (Free on Board)basis / FCA (Free on Carrier) basis. 20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on account at the risk and cost of the vendor, without prejudice to its right under 20.3.1 above in respect of goods delivered. 21.

RISK PURCHASE CLAUSE : BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor fails to comply with the delivery schedule and other terms & conditions of the order. BPCL also reserves the right to procure the same or similar materials/equipment through other sources at vendor's entire risk, cost and consequences. Further, the vendor agrees that in case of procurement by the owner from other sources the differential amount paid by the owner shall be on account of the vendor together with any interest and other costs accrued thereon for such procurement.

22.

FORCE MAJEURE CLAUSE : (A) Definition: The term “Force Majeure” means any event or circumstance or

combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to the extent that such events and circumstances are not within the vendor’s reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise of reasonable skill and care. Force Majeure events and circumstances shall in any event include the following events and circumstances to the extent they or their consequences satisfy the requirements set forth above in this Clause: (i)

the effect of any element or other act of God, including any storm, flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;

(ii)

fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;

(iii)

epidemic, plague or quarantine;

(iv)

air crash, shipwreck, or train wreck;

(v)

acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged in activities in furtherance of a programme of irregular warfare), acts of belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or any attempt at usurpation of power; Page 15 of 24

(vi)

radioactive contamination or ionizing radiation;

( B) Notice and Reporting: (i)

The Vendor shall as soon as reasonably practicable after the date of commencement of the event of Force Majeure, but in any event no later than two (7) days after such commencement date, notify the BPCL in writing of such event of Force Majeure and provide the following information: (a)

reasonably full particulars of the event or circumstance of Force Majeure and the extent to which any obligation will be prevented or delayed;

(b)

such date of commencement and an estimate of the period of time required to enable the vendor to resume full performance of its obligations; and

(c)

all relevant information relating to the Force Majeure and full details of the measures the vendor is taking to overcome or circumvent such Force Majeure.

(ii) The Vendor shall, throughout the period during which it is prevented from performing, or delayed in the performance of, its obligations under this Agreement, upon request, give or procure access to examine the scene of the Force Majeure including such information, facilities and sites as the other Party may reasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information and access. (C) Mitigation Responsibility: (i)

The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Vendor claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure.

(ii)

The Vendor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure.

(iii)

The Vendor shall notify BPCL when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance as Page 16 of 24

expeditiously as possible after such termination or abatement. (D)

Consequences of Force Majeure. Provided that the Vendor has complied and continues to comply with the obligations of this Clause and subject to the further provisions: (i)

the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure; and

(ii)

the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be extended for the duration of the relevant period of Force Majeure except as provided herein.

(E) Force Majeure Events Exceeding 60 Days (i)

23.

If an event or series of events (alone or in combination) of Force Majeure occur, and continue for a period in excess of 60 consecutive days, then BPCL shall have the right to terminate this agreement, whereupon the Parties shall meet to mitigate the impediments caused by the Force Majeure event.

ARBITRATION CLAUSE :

23.1

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

23.2.

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

23.3.

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

23.4.

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

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23.5.

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

23.6.

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

24.

INTEGRITY PACT (IP) : Vendors are requested to sign & return our pre-signed IP document , if applicable. This document is essential & binding. Vendor's failure to return the IP document duly signed along with Bid Document may result in the bid not being considered for further evaluation.

25.

RECOVERY OF SUMS DUE : Whenever, any claim against vendor for payment of a sum of money arises out of or under the contract, the owner shall be entitled to recover such sums from any sum then due or when at any time thereafter may become due from the vendor under this or any other contract with the owner and should this sum be not sufficient to cover the recoverable amount of claim(s), the vendor shall pay to BPCL on demand the balance remaining due.

26.

CONFIDENTIALITY OF TECHNICAL INFORMATION : Drawing, specifications and details shall be the property of the BPCL and shall be returned by the Vendor on demand. The Vendor shall not make use of drawing and specifications for any purpose at any time save and except for the purpose of BPCL. The Vendor shall not disclose the technical information furnished to or organized by the Vendor under or by virtue of or as a result of the implementation of the Purchase Order to any person, firm or body or corporate authority and shall make all endeavors to ensure that the technical information is kept CONFIDENTIAL. The technical information imparted and supplied to the vendor by BPCL shall at all time remain the absolute property of BPCL. Imparting of any confidential information by the Vendor will be breach of contract.

27.

PATENTS & ROYALTIES : The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all times, against any action, claim or demand, costs and expenses, arising from or incurred by reasons of any infringement or alleged infringement of any patent, registered design, trademark or name, copy right or any other protected rights in respect of any materials supplied or any arrangement, system or method of using, fixing or working used by the vendor. In the event of any claim or demand being made or action sought against BPCL in respect of any of the aforesaid matter, the vendor shall be notified thereof immediately and the vendor shall at his/its own expense with (if necessary) the

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assistance of BPCL (whose all expense shall be reimbursed by the vendor) conduct all negotiations for the settlement of the same and/or litigation which may arise thereof. 28.

LIABILITY CLAUSE : In case where it is necessary for employees or representatives of the Vendor to go upon the premises of owner, vendor agrees to assume the responsibility for the proper conduct of such employees/representatives while on said premises and to comply with all applicable Workmen's Compensation Law and other applicable Government Regulations and Ordinances and all plant rules and regulations particularly in regard to safety precautions and fire hazards. If this order requires vendor to furnish labour at site, such vendor's workmen or employees shall under no circumstances be deemed to be in owner's employment and vendor shall hold himself responsible for any claim or claims which they or their heirs, dependent or personal representatives, may have or make, for damages or compensation for anything done or committed to be done, in the course of carrying out the work covered by the purchase order, whether arising at owner's premises or elsewhere and agrees to indemnify the owner against any such claims, if made against the owner and all costs of proceedings, suit or actions which owner may incur or sustain in respect of the same.

29.

COMPLIANCE OF REGULATIONS : Vendor warrants that all goods/Materials covered by this order have been produced, sold, dispatched, delivered and furnished in strict compliance with all applicable laws, regulations, labour agreement, working condition and technical codes and statutory requirements as applicable from time to time. The vendor shall ensure compliance with the above and shall indemnify owner against any actions, damages, costs and expenses of any failure to comply as aforesaid.

30.

REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT: In case the testing and inspection at any stage by inspectors reveal that the equipment, materials and workmanship do not comply with specification and requirements, the same shall be removed by the vendor at his/its own expense and risk, within the time allowed by the owner. The owner shall be at liberty to dispose off such rejected goods in such manner as he may think appropriate. In the event the vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the owner for such disposal shall be to the account of the vendor. The freight paid by the owner, if any, on the inward journey of the rejected materials shall be reimbursed by the vendor to the owner before the rejected materials are removed by the vendor. The vendor will have to proceed with the replacement of the equipment or part of equipment without claiming any extra payment if so required by the owner. The time taken for replacement in such event will not be added to the contractual delivery period.

31.

NON-WAIVER : Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies herein, or by law or failure to properly notify Vendor in the event of breach, or the acceptance of or payment of any goods hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver of any right of the Owner to insist upon the strict performance

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thereof or of any of its or their rights or remedies as to any such goods regardless of when such goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver of the terms hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of any condition of this agreement by BPCL shall not be considered as a continuous waiver or waiver for other condition by BPCL. 32.

NEW & UNUSED MATERIAL : All the material supplied by the vendor shall be branded new, unused and of recent manufacture.

33.

PURCHASE PREFERENCE CLAUSE : Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the time of evaluation of the price bid. Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as admissible/applicable from time to time under the existing Govt. policy. Purchase preference to a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.

34.

CANCELLATION :

34.1.

BPCL reserves the right to cancel the contract/purchase order or any part thereof through a written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchase order/contract. 34.1.2. The vendor becomes bankrupt or goes into liquidation. 34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly. 34.1.4. The vendor makes a general assignment for the benefit of creditors. 34.1.5. A receiver is appointed for any of the property owned by the vendor. 34.2.

Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the purchase order matters connected with it. BPCL in that event will be entitled to procure the requirement in the open market and recover excess payment over the vendor's agreed price if any, from the vendor and also reserving to itself the right to forfeit the security deposit if any, made by the vendor against the contract. The vendor is aware that the said goods are required by BPCL for the ultimate purpose of materials production and that non-delivery may cause lossof production and consequently loss of profit to the BPCL. In

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this-event of BPCL exercising the option to claim damages for non delivery other than by way of difference between the market price and the contract price, the vendor shall pay to BPCL, fair compensation to be agreed upon between BPCL and the vendor. The provision of this clause shall not prejudice the right of BPCL from invoking the provisions of price reduction clause mentioned in 20.3.1 as aforesaid.

35.

ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION : The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act), prohibits anti- competitive practices and aims at fostering competition and at protecting Indian markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive agreements, abuse of dominant position by enterprises, and regulates combinations (consisting of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination causes, or is likely to cause, appreciable adverse effect on competition in markets in India. BPCL reserves the right to approach the Competition Commission established under the Act of Parliament and file information relating to anti-competitive agreements and abuse of dominant position. If such a situation arises, then Vendors are bound by the decision of the Competitive Commission and also subject to penalty and other provisions of the Competition Act.

36.

ASSIGNMENT The Vendor can / does not have any right to assign his rights and obligations under these general purchase conditions without the prior written approval of BPCL.

37.

GOVERNING LAW These General Purchase Conditions shall be governed by the Laws of India.

38.

AMENDMENT Any amendment to these General Purchase Conditions can be made only in writing and with the mutual consent of the parties to these conditions.

39.

SPECIAL PURCHASE CONDITIONS In case of a conflict between the clauses, terms and conditions of General Purchase Conditions and Special Purchase condition, the clauses, terms and conditions of Special Purchase Condition will have an overriding effect over General Purchase Conditions and the same shall be applicable.

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40.

NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by hand or sent by courier or facsimile to the other Party at the address or facsimile number stated below or such other address or number as may be notified by the relevant Party from time to time: BPCL _______________________ _______________________ _______________________

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

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Annexure I PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value) To, Bharat Petroleum Corporation Limited ---------------------------------------------------------------Dear Sir, In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’ which expression shall include its successors and assigns) having awarded to M/s. (Name) ………. (Constitution)………….. (address) ……….(hereinafter referred to as “The vendor” which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms interalia, of the Company’s Purchase order No…….. dated ………. and the General and Special Purchase Conditions of the Company and upon the condition of vendor’s furnishing security for the performance of the vendor’s obligations and/or discharge of the vendor’s liability under and / or in connection with the said supply contract upto a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10% (ten percent)of the total contract value. We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which expression shall include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under in respect of or in connection with the said supply contract inclusive of all the Company’s losses and expenses and other moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with reference to this Guarantee upto an aggregate limit of Rs(in figures)…………Rs(in words)……………………….only. AND the Bank hereby agrees with the Company that i.

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

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This date shall be 6 months from the last date of guarantee period. ii This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever that the Company may now or at any time otherwise have in relation to the vendor’s obligation/liabilities under and /or connection with the said supply contract, and the Company shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder.

ii.

The Company shall be at liability without reference to the Bank and without effecting the full liability of the Bank hereunder to take any other security in respect of the vendor’s obligations and /or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time and / or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract and / or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or arrangement(s) with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company hereunder or of prejudicing rights of the Company against the Bank.

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until payment of all moneys payable to the Company in terms hereof. v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee / Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or disputes having been raised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof. vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to the Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs, charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company, as the case may be and payable by the Guarantor to Company in terms hereof.

Yours faithfully, (Signature) NAME & DESIGNATION NAME OF THE BANK NOTES:

Page 24 of 24

Annexure - 6 Commercial Questionnaire SUB :

REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

Vendor Name: M/s. _______________________________________________________________ Vendor’s Offer Ref. No. : _________________________________________ Date : ____________ Contact Person: _____________________________

E-Mail _____________________________

Mobile No. ____________________________________ Tel. No._____________________________

1. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE UPLOADED WITH EACH AND EVERY SET OF VENDOR'S UNPRICED QUOTATION. 2. ALL COMMERCIAL TERMS ARE GIVEN/CONFIRMED IN THE QUESTIONNAIRE ITSELF AND NOT ELSEWHERE IN THE QUOTATION. IN CASE OF CONTRADICTION, THE SAME GIVEN HEREIN SHALL PREVAIL. 3. FAILURE ON THE PART OF VENDOR IN SUBMITTING THIS DULY FILLED-UP "QUESTIONNAIRE WITH UNPRICED BID AND/OR UPLOADING / SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF VENDOR'S QUOTATION” 4. YOUR OFFER SHALL BE IN TOTAL COMPLIANCE WITH RFQ DOCUMENTS CONTAINING COMMERCIAL AND TECHNICAL SPECIFICATIONS INCLUDING GENERAL / TECHNICAL NOTES AND SCOPE OF SUPPLY INCLUDING DOCUMENTATION AND SUBSEQUENT TECHNICAL/COMMERCIAL AMENDMENT AND TECHNICAL/COMMERCIAL CORRIGENDUM, IF ANY. S.No

DESCRIPTION

VENDOR’S CONFIRMATION

1

Technical Specifications as per Tender.

2

Bid Validity period: Confirm Offer validity of 120 days from final bid due date.

Confirmed / Not Confirmed refer deviation sheet Confirmed / Not Confirmed refer deviation sheet

3

Defects Liability Period: Confirm acceptance of defect liability period clause as indicated in Special Purchase Conditions.

Accepted / Not accepted refer deviation sheet

4

5

Delivery Period: 8 weeks from the date of Call-off / Purchase Order, on FOT Site basis whichever is earlier. For detailed refer Special Purchase Conditions (SPC) Payment Terms: i) 80% of the value of equipment against Receipt of Material at BPCL Site within 15 days. ii) Balance 20% of the value of equipment against satisfactory installation and commissioning of the equipment and on submission of 10% Performance Bank guarantee (PBG) for 10% of order value, valid till full guarantee period (18 months) plus six months claim period. For detailed refer Special Purchase Conditions (SPC).

Accepted / Not accepted refer deviation sheet

Accepted / Not accepted refer deviation sheet

6

Prices have been furnished as per “Format For Submitting Price”.

Furnished / Not furnished refer deviation sheet

7

Delayed Delivery: For detailed clause refer General Purchase Conditions (GPC).

Accepted / Not accepted refer deviation sheet

8

Firmness of prices: Quoted prices shall remain firm and fixed till complete execution of the order.

Confirmed / Not confirmed refer deviation sheet

Comm Questionnaires

Page 1 of 2

S.No 9 10 11

DESCRIPTION Confirm that the prices quoted are without any price variation clause. The quoted base rate shall include all expenses towards all testing charges. Arbitration Clause: Confirm acceptance of Arbitration Clause as indicated in Special Purchase Conditions (SPC).

12

Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given herein above shall prevail.

13

Whether any of the Directors of Vendor is a relative of any Director of BPCL or the vendor is a firm in which any Director of BPCL or his relative is a Partner or the vendor is a private company in which any director of BPCL is a member or Director.

14

Material is required at BPCL warehouse/site on door delivery basis.

VENDOR’S CONFIRMATION Confirmed / Not confirmed refer deviation sheet Noted & Confirmed Accepted / Not accepted refer deviation sheet

Confirmed & Accepted

Accepted / Not accepted refer deviation sheet Material shall be despatched

15

Specify Despatch Point for Supply of Materials.

from :____________________ State:____________________

16

Please confirm you have submitted declaration regarding holiday listing format given in the tender. In case you have been banned or delisted by any Government or Quasi Government agencies or PSUs or EIL, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive.

Confirmed & Accepted

17

Confirm BPCL holiday listing Policy for vendors. Referred web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf

Noted and confirmed

18

Transit risk insurance shall be covered by BPCL and the same has not been included in the quoted prices.

Noted and confirmed

Please confirm, whether your company is Micro and Small Enterprises (MSEs) YES / NO 19

OR MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs. YES / NO

If YES, Category Registered : MICRO or SMALL (Pl tick mark) If YES Pl submit the following documents : • Self-attested copy of all the pages of the EM-II certificate issued by the appropriate authorities mentioned in the Public procurement policy of MSEs-2012.; and • Vendors declaration / affidavit in their Organization/ Company Letter Head, stating that, in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted

(Signature of Vendor with Company seal) Name of the Authorised Signatory : Designation : Date :

Comm Questionnaires

Page 2 of 2

ANNEXURE - 7 DEVIATION FORM (TECHNICAL) SUB :

REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

Name of vendor:

Schedule of Deviations in reference to BPCL SPECIFICATIONS 1.

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

2.

3. 4. 5.

Sr. No. 1

Anne xureNo. 2

Clause No. 3

Requirement of the BPCL SPECIFICATIONS 4

Deviations to the SPECIFICATIONS

Remarks

5

6

Vendor Signature of the authorized signatory

:

Name of the authorized signatory

:

Stamp & Date

:

ANNEXURE - 8 DEVIATION FORM (COMMERCIAL) SUB :

REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

Name of vendor:

Schedule of Deviations in reference to COMMERCIAL TERMS AND CONDITIONS 1.

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

2.

3. 4.

5.

Sr. No. 1

Anne xureNo. 2

Clause No.

Commercial terms and conditions

Deviations

Remarks

3

4

5

6

Vendor Signature of the authorized signatory

:

Name of the authorized signatory

:

Stamp & Date

:

Annexure - 9 The Declaration should be produced on Vendor’s Letter Head. PROFORMA OF DECLARATION OF HOLIDAY LISTING

SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

In the case of a Proprietary Concern: I hereby declare that neither I in the name of my Proprietary concern M/s. _____________ which is submitting the accompanying Bid / Tender nor any other concern in which I am a proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, except as indicated below: (Here given particulars of 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 holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”).

In the case of Company We hereby declared that we have not been placed on any holiday list declared by Bharat Petroleum Corporation Limited/MOP&NG/any other Oil PSEs, except as indicated below: (Here given particulars of holiday listing and in absence thereof state “NIL”).

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

Place: ____________

Signature of the Bidder______________

Date: ____________

Name of the Signatory_______________ Page 1 of 1

Annexure – 10 SUB : REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA. : CRFQ No. 1000286384, e-Tender No. 27987

GST REGISTRATION DOCUMENT Bidders are requested to upload signed, stamped and scanned copies of GST Registration document as per attached format and Certificate of Provisional Registration in BPCL e-procurement portal.

GUIDELINES TO FILL THE TEMPLATE 1. All the details are mandatory to be filled in. The template as well as GST Registration Certificate copy is required to be dated, stamped & signed by the authorized signatory. 2. Address in the template should be as given in GST Registration for the respective state. In case of multiple GST registrations, kindly fill in separate templates for each registration. 3. Signed template along with supporting documents to be sent in PDF FORMAT ONLY (maximum 1 MB) to Email ID [email protected] with standard subject line as “GST Registration for vendor code 3XXXXX”

4. All our future communication shall be made through updated Mobile no./Email ID/ Address as provided in the Template.

5. PLEASE NOTE THAT IF GST REGISTRATION DETAILS ARE NOT PROVIDED TIMELY, FUTURE PAYMENTS MAY GET DELAYED. 6. If you are yet to get the registration details or in the process of getting the registration, please provide the details accordingly in point no. 6 of the template. 7. For any further clarification, you may contact procurement officer in nearest BPCL location or call us on toll free no. of BPEC 1800-224-221.

Template for Updation of GST Registration details S.No.

Particulars

1

Name of the vendor

2

Vendor Code in BPCL

3

Email ID

4

Mobile No.

5

Whether registered under GST

6

If Not registered, Reason for the same

Details

Registered

Composition

Unregistered

1. Below threshold limit 2. In process of registrations 3. Other, pl specify

7

Whether located in SEZ

8

GSTN no. /Composition registration no. (Please attach the self attested registration Certificate) Address as per GST Registration for the state:

9

Yes

No

Yes

No

City: State: Pin Code: 10

Whether having multiple registration in a state

If Yes, specify business unit

I/We confirm that information provided above is true to my knowledge & belief.

Date:________________ Place:_______________________

_____________________________________________ (Name & Signature of Authorized signatory)

________________________________ (Company Seal)

Template for Updation of GST Registration details S.No.

Particulars

1

Name of the vendor

2

Vendor Code in BPCL

3

Email ID

4

Mobile No.

5

Whether registered under GST

6

If Not registered, Reason for the same

Details ABC Pvt Ltd 300000 [email protected] 9898989898



Registered

Composition

Unregistered 1. Below threshold limit 2. In process of registrations 3. Other, pl specify

7

Whether located in SEZ

8

GSTN no. /Composition registration no. (Please attach the self attested registration Certificate) Address as per GST Registration for the state:

XYZ Street Near Railway Station

City: State: Pin Code:

Mumbai Maharashtra 400078

9

10

Whether having multiple registration in a state

Yes

No

絃 27AAACB2901CXXM

Yes

No



If Yes, specify business unit

I/We confirm that information provided above is true to my knowledge & belief.

Date:8th May 2017 Place:Mumbai

Mr. ABC (Director) (Name & Signature of Authorized signatory)

© (Company Seal)

Annexure-11

ANTI-PROFITEERING DECLARATON FORMAT

To whomsoever it may concern.

I, Mr. __________________________________, proprietor / ____________________ (similar salutations for other authorized signatories) of M/s. _________________________________________________ , hereby solemnly and sincerely declare, that I have abided with all the laws and rules, as applicable on me/my firm/my company from time to time, in my dealing with M/s Bharat Petroleum Corporation Limited (‘BPCL’), including but not limited to Section 171 of the Central Goods and Services Tax Act, 2017.

In furtherance and compliance of the said section, I declare, that I have made commensurate reduction in the prices of the goods and/or services as provided by me/my firm/my company to BPCL on account of any input tax credits availed by me/my firm/my company as a registered taxable person or the reduction in the price on account of any reduction in the tax rate, as applicable, from time to time.

I declare that the foregoing is true and correct and the same is a legal obligation and failure to fulfil it could result in penalties under state law.

Date:____________

Place: ___________

To be signed by the authorized person under the firm’s seal

Page 1 of 1

Annexure – 12 SUB :

REF.

Supply of Solar Energy Diagnostic Equipment with accessories for BPCL Corporate R&D Centre, Greater NOIDA

: CRFQ No. 1000286384, e-Tender No. 27987

PRICE BID. Bidders has to fill Unit Price in INR (excluding taxes, duties and freight) only in BPCL e-Procurement Portal.