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INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
1
TECHNICAL / COMMERCIAL BID
TENDER No.: RCC/ERO/37/2018-19/LT-13
For
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
Indian Oil Corporation Limited (MD) Eastern Regional Office
Indian Oil Bhavan 9th Floor (Central Wing)
2 Gariahat Road (South), Dhakuria, Kolkata-700 068
GSTIN OF VARIOUS STATES 1. ASSAM- 18AAACI1681G1ZO
2. NAGALAND-13AAACI1681G1ZY
3. MANIPUR-14AAACI1681G2ZV
4. MIZORAM- 15AAACI1681G1ZU
5. TRIPURA- 16AAACI1681G1ZS
6. ARUNACHAL PRADESH-12AAACI1681G1Z0
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
2
7. INDEX
SR. NO.
DESCRIPTION
1. NOTICE INVITING e-TENDER
2. PRE QUALIFICATION CRITERIA FOR QUALIFYING TENDERER
3. TECHNICAL SPECIFICATIONS
4. TENDER EVALUATION CRITERIA
5. CHECK LIST
6. PARTICULARS OF & EARNEST MONEY DEPOSIT
7. DELIVERY SCHEDULE - TAMPER EVIDENT SEALS
8. GENERAL INSTRUCTIONS TO BIDDERS (GITB)
9. SPECIAL INSTRUCTIONS TO THE BIDDER (SITB) FOR PATTICIPATING IN E-TENDER
10. UNDERTAKING BY THE TENDERER
11. STATEMENT OF CREDENTIALS
12. GENERAL TERMS AND CONDITIONS
13. SPECIAL TERMS AND CONDITIONS
14. DETAILS WHICH SHOULD ACCOMPANY THE QUOTATION AGAINST OUR TENDER
15. DETAILS OF FIRM’S ADDRESS AND INSTALLED CAPACITY OF TAMPER EVIDENT SEALS
16. DETAILS ON THE RELATIONSHIP WITH IOC’S DIRECTORS – Declaration – A,B,C,D & List of Relatives
(Part –A, B &C)
17. PERFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING
18. PERFORMA OF UNDERTAKING OF NON TAMPERING OF DATA
19. PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT
20. PROFORMA OF PERFORMANCE BANK GUARANTEE
21 AGREEMENT FOR SUPPLY OF TAMPER EVIDENT SEALS
22. ANNEXURE-A- towards non-disclosure of information
23 Covering letter :Submission of quotation for supply of TES
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
3
NOTICE INVITING e-TENDER
Tenderers are advised to download Notice Inviting Tender along with other tender documents from the e-tendering portal https://iocletenders.nic.in. While the tender shall be submitted online
in soft copy on our e-tendering portal, the Earnest Money Deposit has to be submitted online or offline on or before due date & time of tender submission. Tenderers must also note that before
the bid is uploaded, the bid comprising of all attached documents should be digitally signed using
digital signatures.
Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: https://iocletenders.nic.in only and no separate notification shall be issued in the
press. Bidders are therefore requested to regularly visit our website to keen themselves updated.
Sr. No
Particulars Description
01 Tender Number RCC/ERO/37/2018-19/LT-13
02 Tender ID 2018_ERO_78154_1
03 Name of work Procurement of Tamper Evident Seals (Tes) for LPG BPs under IOAOD SO.
04 Location of delivery North Guwahati, Sarpara, Bongaigaon, Sekmai, Dimapur, Mualkhang, Silchar, Bishalgarh , Gopanari, Kimin, Duliajan Lpg Bottling Plant
05 Estimated value of Supply for 3 years.
Rs 3,88,03,533/- (Including GST)
06 Download date of tender Documents start on
As per e-Tender portal
07 Download date of tender Documents closes on
As per e-Tender portal
08 Start date of submission of tender
As per e-Tender portal
09 Last date of submission of tender
As per e-Tender portal
10 Date of opening of Technical bids
As per e-Tender portal
11 COMMENCEMENT OF SUPPLY Within 30 Days Of Work Order
12 Period of contract Total three years (One year and extendable for two more year at the sole discretion of IOCL, at the same rates, terms and conditions).
13 Tender Fees Nil
14 Validity of Quoted Rates 180 days from the date of closing of tender unless extended by mutual consent in writing.
15 Pre- Bid Meeting Not required
16 Contact person Mr. H. K. Majhi, CM (Contracts), ERO Email ID: hmajhi@indianoil.in
Ph: 9432310387
17 Tender Inviting Authority Ch. General Manager (Contract Cell),ER
Contract Cell, Indian Oil Corporation Ltd. (MD),
7th Floor, Indian Oil Bhavan, 2 Gariahat Road
(South), Dhakuria, Kolkata - 700068
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
4
18 Earnest Money Deposit (EMD) Rs. 64675.00/- Only online EMD will be accepted. Exemption from submission of EMD: a) Parties registered with any of the following
agencies / bodies as per Public Procurement Policy for Micro & Small Enterprises (MSE) Order 2012 are exempted categories from payment of EMD provided that the registration certificate issued by any one of these below mentioned agencies must be valid as on close date of tender. Bidders, who have applied for registration or renewal of registration with any of these agencies / bodies but have not obtained the valid certificate as on close date of tender are not eligible for exemption. 1. District Industries Centre (DIC) 2. Khadi and Village Industries
Commission (KVIC) 3. Khadi and Village Industries Board 4. Coir Board 5. National Small Industries Corporation
(NSIC) 6. Directorate of Handicraft and Handloom 7. Udyog Aadhar Memorandum (UAM) 8. Any other body specified by Ministry of
MSME Note: Against UAM, copy of acknowledgement generated online shall be acceptable.
b. PSUs (Central & State) and JVs of IOCL are exempted from submission of EMD.
A copy of the EMD instrument or exemption certificate in case of exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link.
Tenderers not paying EMD or not uploading valid exemption certificate or scan copy of BG on or before due date and time of tender submission will be summarily rejected.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
5
Note:1
1. Any corrigendum regarding amendments in terms conditions dates etc. will be published on the IOCL ETender website and Tenderers to visit the website on regular basis to keep updated on the tender.
2. Submission of price bid in any other than price bid folder shall disqualify and liable for rejection.
3. L1 and other qualified bidders will be intimated for verification of documents and
other queries if required thru e-mail only.
Note-2:
1. The LERC Technology Report (33 pages) for manufacture of Tamper Evident Seal are uploaded along with this tender document. IOCL Graphics Artwork for TES (Hologram and Artwork for TES in CDR format) shall be provided to the successful bidders by IOCL, Mumbai, upon submission of Notarized affidavit, as per the format enclosed (Annexure-IX), towards non- disclosure of information.
2. Offers have to be submitted online only through the IOCL e-tendering website https://iocletenders.gov.in
NOTE-3:
1. All bidders must have valid digital signature certificate class iii and have to register themselves in the above website for bidding
2. Tender emd, to be uploaded online with technical/ commercial bid for online submission of the tender. Tender document without emd will be rejected. However, central & state public Sector units and units registered with national small Industries corporation limited (NSIC) & msme are exempted from payment of EMD subject to providing documentary evidence of valid registraiton with nsic/msme.
3. The complete tender document is enclosed. The Tenderer should study the tender document carefully before quoting.
NOTE-4: 1. Tenderers must note that the LERC Technology Report (33 pages) & IOCL Graphics
Artwork for TES will remain the property of IOCL. 2. The Tenderer should study the tender document carefully before quoting.
3. Tenderers who are willing to accept our tender conditions stated in the enclosed ANNEXURES should only quote for this tender. Tenders with counter conditions imposed by Tenderer will not be considered.
4. Indian Oil Corporation Ltd., is not bound to accept the lowest tender & reserves the right to reject any or all the tenders without assigning any reason whatsoever.
5. Indian Oil Corporation Ltd. reserves the right to split the work in any manner whatsoever and it shall be acceptable to all Tenderers.
6. Offers sent by fax will not be accepted. 7. Please note that in the event we do not receive your quotation without any valid reasons,
future tender enquiries may not be sent to you.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
6
PREQUALIFICATION CRITERIA FOR QUALIFYING TENDERER
In order to become eligible for opening of price bid, the tenderer should meet following pre qualification condition and enclose all documents with credential bid:
1. The tenderers must upload the LERC test report of their TES sample confirming to all the specifications while submitting the e-Tender.
Only those tenderers who upload the LERC test report of their TES samples (LERC hologram not compulsory) confirming to all the latest specifications and testing parameters as per LERC, Bangalore manufactured i.e. whose TES samples are approved by LERC, Bangalore for either of the PSU Oil marketing Companies (HPC/BPC/IOC), within the specified time frame of submitting/ uploading the LERC test report, will be eligible for opening of the Price Bid.
NOTE: LERC Technology Report for TES & IOCL Graphics Artwork will be provided by IOCL, HO-Mumbai to the interested tenderers approaching IOCL for the same, only after they submit the duly signed Indemnity Bond/ Non-Disclosure Agreement (Annexure-IX) to IOCL in the requisite format proved to them when they approach IOCL, HO-Mumbai office.
Tenderers must note that the LERC Technology Report & IOCL Graphics Artwork for TES given to the tenderers by IOCL, will remain the property of IOCL & IOCL may ask the tenderer to destroy or return the same at any point of time, if no Purchase Order is placed on them or after the completion of the Purchase Order quantity.
2. All tenderers have to necessarily quote for all the LPG bottling plants. Tenders of the
tenderers who have not quoted for all the plants will be summarily rejected.
3. The tenderer should furnish requisite earnest money deposit through online. copy of the EMD instrument or exemption certificate in case of exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link. Tenderers not paying EMD or not uploading valid exemption certificate or scan copy of BG on or before due date and time of tender submission will be summarily rejectedParty exempted from paying EMD should submit the copy of exemption certificate.
4. The tenderer should upload scanned digitally signed duly completed tender documents
before due date and time and accept all terms and conditions in TOTO.
5. In case of e-tender the tenderer should have downloaded tender documents from his/her/their own user ID. Tender documents downloaded through website are not transferrable and are valid for the person who has registered on the web and downloaded.
6. Tenderer should offer a minimum manufacturing capacity for supply to IOCL excluding the
supply to other Industries , available for this tender, equivalent to 25%, i.e, 123.70 lacs TAMPER EVIDENT SEALS of our total requirement of 494.80 lacs per annum TAMPER EVIDENT SEALS as per the enclosed format.
Notwithstanding any other condition/ provision in the tender documents, in case of ambiguity or incomplete documents pertaining to PQC, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the PQ criteria. In case the bidder fails to submit any document or submits incomplete documents within given time, the bidders tender will be rejected
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
7
TECHNICAL SPECIFICATIONS AS PER THE TECHNOLOGY REPORT OF LPG EQUIPMENT RESEARCH CENTRE (LERC), BANGALORE
i. The tamper evident seals (TES) must be manufactured strictly as per the
latest specifications, processes and details, etc. given in the LERC Technology Document meant for Tamper Evident Seals & any variation from the same is not allowed.
ii. It is also crucially important that the TES formulation shall not contain any
plasticizer or filler. The mechanical parameters such as overall dimensions & dimensions pertaining to perforations shall be strictly complied with, failing which the TES will be rejected. The recommended makes of chemical & additives have been arrived at, after their qualitative evaluation and shall not be changed without prior written approval from LERC as well as IOCL.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
8
TENDER EVALUATION CRITERIA
1.1 This tender is floated in two-bid system i.e. Technical bid & price bid. Technical bid will be
opened first, on scheduled date and will be evaluated. Price bids of the Bidders, who have qualified in Technical bid based on our evaluation, will be opened subsequently on notified date.
1.2 After opening of price bid of technically qualified bidders, ranking will be done on the basis
of quoted rates in price-bid.
1.3 Original ranking of the bidder(s) i.e. L-1, L-2, L-3 etc will be decided on the basis of ascending order of financial outgo to the Corporation on overall basis, considering the tentative supply, original rates quoted for all the plants as mentioned in the Price bid. In case any bidder has not quoted rate for one/ some plants, then bid of that bidder will be rejected.
1.4 Corporation reserves the right to split the quantities among different bidders and get the
same or similar items either in whole or in part from any other source(s) at any rate without assigning any reasons whatsoever.
1.5 IOCL reserves the right to negotiate with the tenderers. In the event of negotiations, the
tenderer will be required to confirm the negotiations in writing within the time stipulated. If the tenderer fails to comply with this requirement, the purchaser reserves the right to ignore his quotation at its discretion.
1.6 There will be one single negotiated & mutually agreeable uniform rate for the works
against this tender. 1.7 After finalizing the L1 bidder, the negotiated finalized rate will be offered to the other
bidders in order of L2, L3, L4…..etc. till entire requirement is met at finalized L1 rates. 1.8 The quantity distribution in the above case i.e. only one bidder each under L1 , L2 & L3
would be as follows : L-1 - 50% L-2 - 30% plus shortfall of L-1 w.r.t capacity, if any L-3 – 20% plus shortfall of L-2 w.r.t capacity, if any
1.9 Once it is established that three vendors cannot fulfill the requirement as per their plant
capacity and existing commitment, then the fourth vendor will be finalized and balance left out quantity will be allocated to the fourth vendor.
1.10 In case of tie between two or more bidders at L-1 position, all the L-1 bidders shall be asked
to submit discount bid in terms of percentage discount over previous quoted amount in a sealed envelope. Above exercise shall currently be an offline activity outside the e-portal. In case there is a tie again, the bidder with the highest turnover worked out to three decimal points in any of the last three years as submitted against Turnover criteria shall be
considered as L1 bidder. In the event of bidder submitting turnover documents for
only one or two years, L1 shall be decided on the basis of turnovers submitted.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
9
1.11 For any tie at subsequent position i.e. other than L1 position, the bidder with the highest turnover worked out to three decimal points in any of the last three years as submitted
against Turnover criteria shall be considered. In the event of bidder submitting
turnover documents for only one or two years, L1 shall be decided on the basis of turnovers submitted
1.12 The above distribution will be for 100 % requirement if L1 or L2 or L3 party is MSME party.
If L1 or L2 or L3 is non MSME party, then 80% of total requirement will be distributed among L1, L2 and L3 in their actual ratio i.e. 50:30:20 respectively.
2.0 RESERVATION OF TENDERED QUANTITIES FOR MSE (Micro and Small Enterprises)
2.1 If L1 or L2 or L3 party is a MSE, then no further quantities shall be reserved for other MSE
parties.
2.2 If no MSE party has quoted within L1+15%, then this reservation shall not be applicable and the total tendered quantity shall be sourced from other parties in order of their ranking.
2.3 If L1 or L2 or L3 party is a non-MSE party and there are MSE parties that have quoted within L1+15%, have qualified technically and have accepted finalised L1 rates, then 20% of the tendered quantity shall be allocated for procurement from such MSE parties. For this purpose, the Registration of MSE parties should be valid on the closing date of this tender and the parties should have been registered for the tendered items. If more than one party gets qualified, the quantities will be distributed equally amongst such parties. For balance allocation of 80%, distribution amongst non-MSE parties will be made as given above.
2.4 Out of the above 20 percent, a sub-target of 20 per cent (i.e. 20 percent out of 20 percent) is earmarked for Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled Tribe entrepreneurs.
2.5 The quantity reserved for MSE parties is proposed to be split into a maximum of 2 parts including the quantity reserved for SC/ST MSE parties in this tender. MSE parties (including SC/ST MSE parties) shall be selected in order of their original ranking and subject to meeting other conditions for MSE parties.
2.6 For example, if there are 2 MSE parties (non-SC/ST) and 1 SC/ST party quoting within L1+15%, technically qualified and agreeing to the finalised L1 rates in this tender, then the allocation shall be as follows:
2.7 PARTIES DISTRIBUTION OF QUANTITIES 1 MSE (non-SC/ST) 16% 1 MSE (SC/ST) 4%
2.8 MSE parties shall be preferred in order of their original ranking. If SC/ST MSE party(ies) has(ve) a higher ranking than non SC/ST MSE parties, then the 20% quantity shall be distributed equally amongst 2 parties in order of ranking.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
10
2.9 In the event of failure of such SC/ST Micro and Small Enterprises to participate in tender process or meet tender requirements and match the L1 price (negotiated), 4 per cent sub target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Schedule Tribe entrepreneurs shall be met from other Micro and Small Enterprises.
2.10 The above provisions shall apply to Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.
2.11 To become eligible for the allocation of the quantity reserved in this tender, the MSE will have to submit duly notarized valid documentary proof with the tender documents. Scanned copy to be uploaded with the tender documents.
2.12 MSEs owned by SC/ST shall mean: In case of proprietary MSE, Proprietor shall be SC/ST. In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the enterprise In case of Private Limited Companies, at least 51% shares shall be held by SC/ST promoters Note: To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority must be submitted by the bidder in addition to Certificate of Registration as MSE. The bidder shall be responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST.
Allocation decided by IOCL shall be final and binding on all the tenderers.
Rates quoted should be inclusive of loading/unloading, transit Insurance charges, third party inspection charges, packing and forwarding, freight for door delivery and other statutory levies if any and on net delivered basis. Percentage of GST as applicable should be indicated separately in the bid. Evaluation will be carried out on the basis of net landed cost considering GST, Cess and estimated Input Tax Credit(ITC) available to Indian Oil as envisaged and indicated in the BOQ for evaluation purpose. In case, there is any change in the ITC rate after award of contract, same will have no effect on evaluation done. GST is payable as extra at indicated rate by bidder.
************
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION
Tender No. :
RCC/ERO/37/2018-19/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO
11
CHECK LIST TO BE ENCLOSED WITH THE TECHNICAL/ COMMERCIAL BID OF TENDER
S.
No.
Requirement Tenderer's Confirmation
(Tick below)
1.
One set of duly filled tender document as a mark of
acceptance of all terms and conditions contained
therein
Yes / No
2.
All the Annexures: III (A, B, C, D & List of relatives) as
given in this tender document duly filled
Yes / No
3.
Test Certificate issued by LERC, conforming that TES
manufactured by the tenderer is meeting the
specification.
Yes / No
4.
PROFORMA OF DECLARATION OF BLACK LISTING/ HOLIDAY LISTING (Annexure :IV)
Yes / No
5.
Valid NSIC / MSME Certificate (if applicable)
Yes / Not Applicable
6.
Caste Certificate, if applicable
Yes / Not Applicable
7.
Online payment of Rs. 6 4 6 7 5 /- towards EMD, of
any scheduled Bank, payable at Mumbai if exemption
not available.
Yes / Not Applicable
8.
Confirmation on delivery schedule & capacity
offered against this tender. (Annexure:II)
Yes / No
9.
Certified copy of the partnership deed (if
applicable).
Yes / Not Applicable
10.
GST Registration Certificate
Yes / No
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO
12
PARTICULARS OF & EARNEST MONEY DEPOSIT
(TO BE FILLED IN BY THE TENDERER)
QUANTUM OF EMD : Rs 64675.00/-
a) Enclosed online EMD Payment receipt (PR) No _______________________.
b) Exempted from depositing EMD :
REASON: ______________________________________________________________
REFERENCE CERTIFICATE No. (copy enclosed) ______________________________
DATED THIS_____________DAY OF ____________2018
SIGNATURE_______________ IN THE CAPACITY OF__________________
DULY AUTHORIZED TO SIGN TENDERS
FOR AND ON BEHALF OF ____________________________________________
____________________________________________
ADDRESS ____________________________________________
____________________________________________
WITNESS ____________________________________________
ADDRESS ____________________________________________
OCCUPATION ____________________________________________
REF:
DATE:
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO
13
DELIVERY SCHEDULE
The expected delivery schedule Year wise Plant wise for the entire quantity to be supplied in three years shall be as follows. However work order will be issued for 1 year and subsequently for second and third year.
First Year (From AUG 2018 to JULY 2019) (in 1000)
Name of BP July'18-Sep'18
Oct'18-Dec'18
Jan'19-Mar'19
Apr'19-June'19
Total
NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584
SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058
SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646
KIMIN LPG BOTTLING PLANT' 221 221 221 221 882
BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940
MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058
DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323
Second Year (From AUG 2019 to JULY 2020) (in 1000)
Name of BP
July'19-Sep'19
Oct'19-Dec'19
Jan'20-Mar'20
Apr'20-June'20
Total
NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584
SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058
SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646
KIMIN LPG BOTTLING PLANT' 221 221 221 221 882
BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940
MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058
DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323
Third Year (From AUG 2020 to JULY 2021) (in 1000)
Name of BP July'20-Sep'20
Oct'20-Dec'20
Jan'21-Mar'21
Apr'21-June'21
Total
NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584
SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292
GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702
DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO
14
SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646
KIMIN LPG BOTTLING PLANT' 221 221 221 221 882
BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940
MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058
DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323
Total Quantity for one year 49480000 Total quantity for three years 148440000
Remarks :
1. The months of supply have been mentioned above taking the order placement latest by July 2018. In case of any delay in finalization of tender, the months shall be accordingly revised.
2. April’18 means up to the last day of the month i.e. 30/04/2018. Similarly Jan’20 means 31/01/2020.
3. The monthly quantities as shown above can be changed in case of any requirements keeping the total quantity in that period as same and the seller shall be required to supply as-per the revised schedule without any extra cost to M/s IOCL.
4. IOAOD State Office may change this delivery schedule as per their suitability.
GENERAL INSTRUCTIONS TO BIDDERS (GITB)
1. Tenders in two-bid system (technical/commercial bid and Price Bid ) are invited meeting
the pre-qualifying criteria. 2. Tender document will be downloaded from https://iocletenders.gov.in or
www.indianoiltenders.com free of cost using their digital signature and registered user ID. 3. Tender will not be available for purchase from any of our offices. 4. There is no Tender Fee. 5. Technical Bid and Price Bid to be submitted online only. 6. The tender document and supportive document of tender should be submitted online
only. 7. Bidders will have to provide Bank Details for their Banker as per our format.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO
15
8. Indian Oil Corporation Ltd. reserves the right to accept or reject any tender or all tenders without assigning any reason whatsoever and may or may not accept the lowest quotation.
9. VALIDIY: Bidders who are willing to accept our tender condition stated in this tender should only quote for this tender.
10. Bidder is advised to refrain from submitting any false, forged documents during the entire tendering / later process, the penalty for which shall be termination of contract / holiday listing of Bidder at any stage and SD submitted shall be forfeited.
11. During evaluation of technical bids of the bidders participated in the tender, if it is found that any bidder is Blacklisted / holiday listed by Corporation, then bid of such bidders will be out-rightly rejected.
12. The quality of supplied material and timely execution is of paramount importance and under no circumstances these shall be allowed to be diluted.
13. Detailed Specification, Scope of inspection & testing etc. are given in the tender document. The tenderer is requested to study them carefully before submitting their bid.
14. Selection of the L-1 Vendor: The L-1 Vendor will be selected based on the lowest acceptable delivered price quoted for the total quantity.
15. This Odisha Office will place Purchase order on the vendor and the items are to be directly supplied to the locations. Payment for the supplies will be made by the respective locations.
16. Techno Commercial Bid will be opened on due date and time through E- Tendering. 17. Bidder is also advised to go through the tender documents carefully and understand these
completely before quoting. 18. The estimated quantity is only directional and the successful bidders cannot claim it as
their right. The quantities can increase or decrease at the sole discretion of IOCL. Payments will be made based on actual.
19. Price Bid is to be mandatorily uploaded online only in the excel file format downloaded from given IOC website. No scan copy of price bid document is acceptable and in case any bidder submitting the price bid other than through on-line, then such tender will be summarily rejected.
20. Negotiations :
a. Corporation reserves the right to negotiate with the L1 bidder(s) as per the ranking mentioned in the tender evaluation criteria to establish the lowest rate.
b. Corporation may offer the rate in writing to such bidders for their acceptance / response. c. If any bidder does not respond to the above exercise of negotiation within the date and
time given in order of their ranking, such bidder may lose their chance and opportunity shall be extended to the next bidder as per the ranking.
21. IOCL reserves the right to increase or decrease the number of bidders for award of work,
splitting of works into two or more bidders at its discretion and none of the bidders shall have any claim whatsoever in such cases.
22. IOCL reserves the right to reject tender of any or all the bidders without assigning any reason at its absolute discretion.
23. Bidders having valid MSE registration for manufacturing of as defined under “similar work” and having received the registration under Entrepreneurs Memorandum Number Part II (EM-II) or Udyog Aadhar No. will be considered for qualifying under MSE category. This
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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document may be verified from the respective Website / Department / Issuing authority for the authenticity by Corporation and invalid document may lead to disqualification of the bidder from the tender.
24. VERIFICATION OF ORIGINAL DOCUMENTS:
Bidders themselves or through their authorized representatives need to bring their original documents for verification to IOCL, Eastern Region address mentioned in “Cover Page”.
Failure on part of the Bidder to report on specified date and time may result in rejection of the tender submitted without further communication.
SPECIAL INSTRUCTIONS TO THE BIDDER (SITB) FOR PATTICIPATING IN E-TENDER
Indian Oil Corporation Ltd. has developed a secured and user friendly e-Tendering system through
National Informatics Center (NIC), which enables Vendors / Bidders to Search, View, Download
tenders directly and also, enables them to participate & submit online bids on the e-Tendering site
https://iocletenders.gov.in in a secured and transparent manner maintaining confidentially and
security throughout the tendering process.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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Bidders are advised to download Notice Inviting Tender along with other tender documents from the
e-tendering portal https://iocletenders.gov.in free of cost using their digital signature & registered
used ID. The tender should be submitted online in softcopy on our e-tendering portal only. The
requisite document(s) like ‘Undertaking Format for Non-tampering of Electronic Data’, Earnest
Money Deposit (if applicable), etc. in original has to be submitted by dropping it in the Tender-box
as per tender conditions before the due date and time failing which the bid shall be summarily
rejected. A scanned copy of the instrument or exemption certificate in case of exempted category
has to be uploaded along with clear scanned copies of required documents to substantiate the claim
towards their credentials along with the tender documents at the appropriate space.
Vendor should have a legally valid Class 3 Digital Certificate as per Indian IT Act from the licensed
Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India (For details regarding Digital Certificate Provider please refer
to point 8 of “Information about DSC” on the home page). All interested bidders are requested to
register themselves using the link “Online Bidder Enrollment” on the home page and enroll their
digital certificate during their first login attempt.
It is advised to take extreme precaution while mapping digital certificate to a particular user
profile. Once a digital certificate is enrolled to a user account, it cannot be used for any other
registration in the system.
Bidders are requested to read following conditions in conjunctions with various conditions,
wherever applicable appearing with this bid invitation for e-Tendering.
The conditions mentioned herein under shall supersede and shall prevail over the contradicting
conditions (if any) mentioned elsewhere in the tender documents.
1.0 Procedure to submit On-line Bids
For this purpose, Vendors/Bidders are advised to read the instructions available in the homepage of
the portal where detailed procedure for submission of bids is available under the section “Bidders
Manual Kit”.
2.0 System Generated Communication(s)
The alerts / reminders in the form of SMS / e-Mail are given to bidders by the system at various
stages of tender as mentioned below:
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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Reminder for Registered Digital Certificate Expiry before 30 days;
Issuance of Limited Tenders to the selected bidders;
Change in Password;
Bids uploaded but ‘Freeze’ button not clicked;
On issuance of Corrigendum if the tender is downloaded from DSC Registered Account/
made it favourite;
Posting of any Techno-Commercial Query by the department;
Date and Time for Opening of Price Bid to all technically accepted bidders ;
AOC to successful bidder(s). Please note, communication alerts in the form of e-Mail/SMS will be sent to the bidder if and only if
His/her e-Mail/Mobile No. registered in the portal is correct and latest. In addition to the above communication, the information is updated in portal under ‘Pending’
section of Dashboard like:
a) Limited Tender(s) to be made as favorite;
b) TQ/CQ to be responded;
c) Bids to be frozen;
All bidders must login and visit their DASHBOARD section on regular basis to get the timely
updates related to the pending activities as mentioned above at their end to act timely even if they
have missed any communication sent in the form of e-Mail / SMS by system.
3.0 Tender Search
All tenders available on the website can be searched by using the “Search Active Tenders” menu
under Bidder’s profile. Use any of the searching criteria to search your tender. For a refined search,
enter Work Title under “Keywords” and click Submit. The intended tender(s) should be checked and
saved as “Favorite” by clicking on the check box. The bid submission process will start by clicking
the menu “My Tenders”.
4.0 Size of the Documents
Each packet is limited to 10 MB in size. It is advised to the bidder to prepare their bid documents
accordingly.
5.0 My Documents
Additional 25 MB of space is available in “My Documents” under “My Account” section.
Document uploaded once under “My Documents” can also be included for future tenders as per
requirement very easily. The repeated uploading of documents under “My Documents” is not
required from tender to tender. To include files from “My Documents” to the bid, select “Yes” for
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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“Other Important Documents” after EMD details. Vendors/Bidders are advised to read the
instructions available as “Uploading of My Documents” as under the section “Bidders Manual
Kit”.
6.0 Preparation of Bids
The documents to be uploaded should be in the same format as asked in the e-Tender. Price Bid has to be downloaded and saved in the exact format available in the website (i.e. Microsoft
97-2003 Workbook). All relevant details and quotes are to be filled in the same file (e.g. BoQ.xls).
The same file must be used for uploading. Any change in the File name, Sheet name or both will restrict uploading of the Price Bid.
7.0 Tampering of Documents
The following shall be considered as Tampering of documents:
Submission of Scanned copy or Photocopy of Price bid (BOQ);
Submission of any file other than original Price Bid (BOQ);
Insertion of additional sheet(s);
Change in content or context of the original file;
Protection of Workbook over and above Sheet Protection done by IOCL.
Such bids will be summarily rejected at the time of evaluation.
7.0 Uploading and Confirmation
Bid along with all the copies of documents should be submitted in the electronic form only through
Indian Oil e-tendering system. Bidder has to ensure that their bid submission is complete in all
respect by clicking on the ‘FREEZE BID SUBMISSION’ button. Any revision or amendment in bid
shall be possible after bid submission only upto the due date and time of submission of tender.
Bidder in turn will receive an acknowledgement against his/her bid submission. Successful
submission of bid can also be verified under “My Bids” section.
HelpDesk Tel. No. +91-22-26447708
HelpDesk Email-ids
ethdmkhonic@indianoil.in
etenderinghelpdesk@indianoil.in
Business Hours: Mon – Fri, 09:00 to 16:00 Hrs In)
8.Special Note
Bids can only be submitted / resubmitted before the last date and time of submission as per
INDIAN OIL CORPORATION LIMITED
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tender.
The system time (IST) displayed on e-tendering web page shall be considered as the
reference time for all transactions and no other time shall be taken into cognizance.
Bidders are advised in their own interest to ensure that bids are uploaded and submitted
successfully in e-tendering system well before the closing date and time of bid.
No physical bid shall be accepted except the documents as specified in tender.
IndianOil does not take any responsibility in case bidder fails to upload the documents in the
portal within specified time.
Bidders are requested to provide correct/latest “e-Mail address” and “Mobile No.” for
receiving updates related to e-tender from time to time.
For updated SITB, bidder must visit http://iocletenders.gov.in under Announcements
section.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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UNDERTAKING BY THE TENDERER
Tender No: Work: Supply of Tamper Evident Seals (TES) for use on LPG Cylinders at LPG Bottling Plants Under IOAOD State Office
I/We have downloaded the tender form from the internet site
www.iocletenders.nic.in and I/we have not tampered with / modified the
tender forms and electronic data contained therein in any manner. In
case, if the same is found to be tampered with / modified, I / we
understand that my / our tender will be summarily rejected and full
Earnest Money Deposit will be forfeited and I/we am/are liable to be
banned from doing business with Indian Oil Corporation Ltd. and/or
prosecuted.
SIGNED FOR AND ON BEHALF OF _______________________
(Name of Tenderer)
Seal & Signature of Tenderer Date: ___________ Place: ___________
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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STATEMENT OF CREDENTIALS
Tenderer should fill in below mentioned details along with the Technical bid. (NON- COMPLIANCE OF ANY DETAILS WILL MEAN INCOMPLETE TENDER). Please state "NOT APPLICABLE" in case you have no positive answer. For example, if you are not a proprietary firm, then please state “NOT APPLICABLE’ against item No. (B) 1 below instead of keeping the same blank. A) 1. Name and address of the Vendor with PIN Code: _______________________________________________________________ _______________________________________________________________
_______________________________________________________________
2. Telephone Nos.: ______________________________________________ 3. Fax & E-Mail, if any:____________________________________________ 4. Name of Contact Person: ________________________________________
5. Mobile No. of Contact Person: ____________________________________
B) 1. Sole Proprietorship? : ________________________________________ (Give name of the Proprietor) 2. Partnership firm? (1) ______________________________________
(Give names of the (2) ______________________________________
Partners) (3) ______________________________________
(4) _____________________________________
3. Private or Public Limited Company?
Give list of Directors. (1)_____________________________
(2)_____________________________
(3)_____________________________
(4)_____________________________
C) Details of Arbitration proceedings with the past and present involving tenderer, if any. _________________________________________________________________________
____________________________________________________________________________________________________________________
D) Registration No. : 1. Under Company’s Act : ______________________________________ 2. Small Scale Industry: ________________________________________ 3. Permanent Account Number(PAN): _____________________________ 4. Value Added Tax (TIN) : ______________________________________ 5. Central Sales Tax(CST): _____________________________________ 6. Service Tax: _______________________________________________ 7. Provident Fund (PF):________________________________________ 8. Employees State Insurance(ESI):______________________________
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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GENERAL TERMS AND CONDITIONS: 1. EARNEST MONEY DEPOSIT (EMD)
Tenderers are required to submit EMD of Rs. 64675.00. 0 0 as under: -
i) For EMD: ONLINE. No Cheque or Call Deposit or DD will be accepted. No interest will be payable by IOC on Earnest Money.
a) Public Sector undertakings are exempted from payment of Earnest Money
deposit. b) Units registered with National Small Industries Corporation (NSIC) / MSMEs are
exempted from payment of Earnest Money Deposit subject to the said Registration
Certificate is valid as on date of opening of tender. Photostat copy of valid NSIC/MSME Registration Certificate should accompany the
quotation.
Registration of firm with DGS&D will not exempt the vendor from payment of Earnest
Money Deposit. In case of successful tenderer, the EMD amount shall be refunded back on receipt of
Security Deposit in the manner and within the period specified. EMD of successful
Tenderers will not be released unless Security Deposit is remitted. In case party does
not pay Security Deposit as specified in the P.O, Corporation reserves the right to forfeit
EMD. Also if the successful tenderer fails to commence deliveries and / or withdraw /
revise upward the rates offered before placement of order, the EMD will be forfeited
to the Corporation without prejudice to all our rights to recover any loss or damage the
Corporation may suffer.
EMD is also liable for forfeiture in the event of :
i) Withdrawal of offers while they are under consideration, during the validity
period
OR ii) Non acceptance of the orders or LOI when placed
OR
iii) Non confirmation of acceptance of the order or LOI within the stipulated
time after the placement of the order
OR iv) Any unilateral revision in rates or terms & conditions is made by the Tenderer
during validity period of the offer.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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2. A. SECURITY DEPOSIT
a. The successful tenderer shall within 14 days from the date of receipt of Letter of Intent, have to make payment against Security Deposit.
b. SECURITY DEPOSIT IS PAYABLE AT OUR ODISHA STATE OFFICE at BHUBANESHWAR. c. The Security Deposit amount shall be equivalent to 5% of the value of the order or
Rs:1,00,000.00 (Rupees One Lakh Only), whichever is less . Security deposit would be made by Pay order / Demand Draft on Scheduled Bank. The Pay order / Demand Draft should be in favour of 'Indian Oil Corporation Limited (Marketing Division)' payable at Guwahati. Outstation Pay order / DD will not be acceptable.
d. Bank Guarantee as an instrument towards Security Deposit shall be accepted in case
SD amount is more than 1 lakh. Bank Guarantee is to be executed by Nationalised / Scheduled Bank towards SD and should be valid for the completion period of supply plus 6 (six) months. If needed, validity of BG should be extended by the party / Bank. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition. The proforma for BG for Security Deposit is enclosed.
e. No claim shall lie against the Corporation in respect of interest on Cash deposit or
Depreciation thereof. The Corporation shall be entitled to deduct from the deposit any loss or damage which the Corporation may be put to by reason of any act or default recoverable by the Corporation from the vendor and to call upon the vendor to maintain the deposit at the original limit by making further deposits.
f. In the event of the vendor failing to make and maintain a security deposit in the
manner aforesaid be liable to forfeit any moneys lost with the tender by him and the Corporation shall be entitled to cancel acceptance of the Tender.
g. Option of one of the above methods for Security Deposit once exercised should under
no circumstances be changed later on.
h. The Security Deposit shall be refunded after 6 months of the completion period of the
contract.
i. Forfeiture of Security Deposit - All sums of compensation or other sums of money payable by the vendor may be deducted from SD. In the event of SD being reduced from the original quantum due to recoveries as aforesaid the vendor shall within 15 days of recoveries, make good of the deficiency in SD either by cash or by way of Demand Draft. In case vendor withdrawing during the contract period then SD will be forfeited.
2. B. Performance Guarantee to be furnished by all vendors .
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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i. Before commencement of supply of the material, by way of Bank Guarantee, the vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications agreed upon and that the same shall be free from any defects.
ii. The Vendor will guarantee that all materials shall be replaced as the case may be at his
own expenses in case the same have been found to be defective in respect of materials, within a period of 12months from the date of use or 12 months from the date of dispatch whichever is earlier.
iii. The guarantee period for the part that may be replaced shall be 12 months from the
date on which the same is put in use. iv. Acceptance by the Corporation or its inspectors of any material or its replacement
(if applicable) will not relieve the Vendor of its responsibility of supplying the materials strictly according to the specification and according to the guarantees agreed by the Vendor.
v. The vendor shall furnish Performance Bank Guarantee for 10% value of the Purchase
Order before commencement of supply. This Bank Guarantee shall remain in force for a period of six(6) months beyond the validity of work order. It will be responsibility of the Vendor to keep the Bank Guarantee fully subscribed. The Vendor shall make up any shortfall in the value of the Bank Guarantee as a result of encashment by the Corporation either in full or in part in terms of the Performance Guarantee within one week thereof. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition.
3. SPECIFICATION
As per the specifications/ drawings given in the tender document and Technology report enclosed. The IOCL Graphics Artwork for TES shall be provided to the successful bidders, upon submission of Notarized affidavit, as per the format enclosed (Annexure-A), towards non-disclosure of information provided by IOCL, Mumbai after finalization of tender.
4. PRICE
Vendors should quote their lowest and firm price which shall remain firm when order is placed and until satisfactory completion of the order, The rate should be quoted @ net delivered price i.e ex Bidders works loaded on a the trucks/F.O.R/nearest railway station free delivery at our plants, inclusive of freight element for the delivery by road through bank approved transporter to IOCL locations as given in the tender document. Current GST should be separately mentioned in your offer. The price should be firm and irrevocable and not subject to any change whatsoever even due to increase in cost of materials, components and labour cost till the completion of the order. However, any increase/decrease in statutory levies during the scheduled delivery period on finished materials will be on IOC’s account. For this purpose ,GST etc as prevalent on the date of quotation will have to be quoted in the bid. Vendors should quote their
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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lowest net delivered price without any escalation clause. The rates quoted should not have any quantity restriction. If the price is linked with the order quantities, the tender is liable to be rejected. No upward revision of rates will be accepted after opening of the tender. If the tenderer fails to accept the purchase order placed at his originally quoted rates or subsequently negotiated rates as the case may be the earnest money deposit shall be forfeited.
5. GST
The quoted rates should be exclusive of GST. However, bidder must quote GST for arriving at final quoted price.
6. FREIGHT
Rate quoted should be inclusive of loading, packing, freight, Transit insurance charges,
unloading etc.
7. VALIDITY
The rates quoted against this Tender shall be valid for a period of 180 days from the
date of opening of the Tender and once the quotation is accepted and the order placed
on the successful tenderer, the rates shall be valid for the entire ordered quantity.
8. QUANTITY
Corporation reserves its right to increase / decrease the quantities indicated in the
tender. The Corporation also reserves the right to accept any tender in whole or in part
and reject any or all tenders without assigning any reason. The Corporation is not
bound to accept the lowest rate for any tender and reserves the right to accept one or
more tenders in part.
The Corporation also reserves its right to allow Public Enterprises (Central/ State) price/
purchase/ contract/ service preference as admissible under the existing Government
Policy. The decision of the Corporation in this connection will be final.
9. INSURANCE
Insurance shall be to supplier’s account as supply is on door delivery basis. The materials
will be dispatched to the location duly insured by the vendor. LR particulars to be
informed to the consignee location by telegram/ fax. The receiving locations will inspect
the goods and inform the Tenderers the details of breakage/ damage if any, to enable
the Tenderers to lodge a claim with Insurance Company.
10. DISCUSSIONS/ NEGOTIATIONS
INDIAN OIL CORPORATION LIMITED
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The Corporation reserves the right to negotiate with the lowest Tenderer first and later
on with other than lowest bidders for matching the rates. In the event of
negotiations, the tenderer will be required to confirm the negotiation in writing within
the time stipulated. If the Tenderer fails to comply with this requirement, the
Corporation reserves its right to ignore his quotation at its discretion.
11. PAYMENT
Payment against the bills shall be made only after confirmation of receipt of material in
good condition generally within 30 days from receipt of bills. Payments will be made by
the respective Plant Managers.
The following documents as applicable are to be submitted with the Invoice: -
1. Invoice in triplicate
2. LR / GCN / Way Bill etc. in triplicate.
3. Delivery Challan in triplicate.
4. Guarantee, Warranty Certificate in triplicate.
5. Packing List in triplicate.
6. Inspection Report / Release Note in triplicate.
7. Any other relevant document.
12. RISK PURCHASE
IOC 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 and conditions or the
purchase order. IOC also reserves the right to purchase the same or similar material
through other sources at the entire risk, cost and consequences of the vendor. This clause
is without prejudice to our liquidated damages clause given below.
13. Holiday listing: A Party may be put on holiday list in the event of any one or more of the following:
If a Party
a. Has indulged in malpractices such as bribery, corruption, fraud and pilferage b. Is bankrupt or is being dissolved or has resolved to be wound up or
proceedings for winding up or dissolution has been instituted. c. Has submitted fake, false or forged documents/ certificates d. Has substituted materials in lieu of materials supplied by IOCL or has not
returned or has short returned or has unauthorized disposed off materials/ documents/ drawings/tools or plants or equipment supplied by IOCL
INDIAN OIL CORPORATION LIMITED
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e. Has obtained official company information or copies of documents, in relation to the tender/ contract, by questionable methods/ means
f. Has deliberately violated and circumvented the provisions of labour laws/regulations/ rules, safety norms or other statutory requirements.
g. Has deliberately indulged in construction and erection of defective works or supply of defective materials.
h. Has not cleared IOCL’s previous dues. i. Has committed breach of Contract or has failed to perform a contract or has
abandoned the contract. j. Has refused to accept Fax of Acceptance/ Letter of Acceptance/ Purchase
Order/ Work Order after the same is issued by IOCL within the validity period and as per agreed terms and conditions
k. After opening of Price Bid, on becoming L1, withdraws/ revises his bid upwards within the validity period.
l. Has parted with, leaked or provided confidential/ proprietary information of IOCL given to the party only for his use (in discharge of his obligations against an order) to any third party without prior consent of IOCL
m. Any other ground for which in the opinion of the Corporation makes it undesirable to deal with the party
n. If a communication is received from the Administrative Ministry of IOCL to ban a party from dealing with IOCL, the party shall be automatically put on Holiday list
14. LIQUIDATED DAMAGES
Vendor will have to pay to the Corporation by way of liquidated damages and not as
penalty, an amount equal to 0.5% of the contracted price of the material so
delayed for each week or part thereof of such delay in delivery subject to a maximum 10%
of such price. For the purpose of calculating liquidated damages, date of receipt will be
taken as date of supply.
15. FORCE MAJEURE CONDITIONS
Delivery of the material is subject to force majeure conditions as under: If, at any time, during the continuance of the contract, the performance in whole or part
by either party of any obligation under the contract shall be prevented or delayed by
reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires,
floods, explosions, epidemics, quarantine, restrictions, strike, lock-outs or acts of God
(hereinafter referred as “events”), then provided notice of the happening of any such
events is given by either party to the other within twenty one days from the date of
occurrence thereof, neither party shall be reasons of such events, be entitled to terminate
the contract nor shall either party have any claim for damages against the other in respect
of such non-performance or delay in performance and deliveries under the contract shall
be resumed as soon as practicable, after such events have come to an end or ceased to
exist, and decision of the Director (Mktg), Indian Oil Corporation Ltd., (Marketing
Division) as to whether the deliveries have been so resumed or not, shall be final and
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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conclusive provided further that if the performance in whole or part or any obligation
under this contract is prevented or delayed by reasons of any such event for period
exceeding 60 days, either party may at its option terminate the agreement. 16. CANCELLATION/ TERMINATION
Corporation reserved the right to cancel the contract forthwith upon or any time
after the happening of any of the following events viz. a) If the Tenderer shall commit a breach of any of the terms and conditions of
Tender and fail to remedy such breach within fifteen days of the receipt of the
written notice from us in regard thereto. b) i) On the death of adjudication as insolvent of the Tenderer if he be an individual.
ii) Liquidation whether voluntarily or otherwise on the passing of an effective
resolution for winding up the Tenderer if it be a company. c) If the attachment is levied or continued to be levied for a period of seven days
upon the effects of the Tenderer or of any individual or partners of the tenderer
firm. d) If the Tenderer does not adhere to the instructions which may be issued
from time to time by us in connection with the manufacture of the material, our
right to so terminate the contract shall be without prejudice to any of our other
rights & remedies against the tenderer and in the event of our so terminating
the contract, we shall not be liable to pay for any lose or compensation in
respect of such termination. 17. ASSIGNMENT/ SUB – CONTRACTING
The seller shall not sublet the contract or assign any part of the Corporation’s order to any
person/firm/company without the Corporation’s written consent. 18. GUARANTEE
All materials including components and sub-contracted items should be guaranteed by the
vendor within the warranty period mentioned below.
If in the physical test, it is found that the samples are not meeting the requirements viz.
average weights, dimensions etc the manufacturer shall be informed for joint inspection
and once it is established that the Tamper Evident Seals are not meeting the
requirement for average weights, dimensions etc. then the entire supplies/ lot should be
rejected. The Plant shall deshape such defective material to render it unusable. The
Corporation shall recover cost of material so rejected, from the successful tenderer’s
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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30
pending bills/ Security Deposit cum Performance Guarantee. Scrap generated by
deshaping the rejected material shall not be returned to the supplier and no cost benefit/
adjustment will be available to the supplier on account of the same. Corporation reserves the right to get the seals tested at LPG Equipment Research Centre,
Bangalore for conformity to drawing and specification. Test results given by LERC will be
considered as authentic and binding on the party. 19. WARRANTY
Within a period of 12 months from the date of use or 12 months from the date of dispatch whichever is earlier. 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. 20. RAW MATERIALS
Raw materials required for manufacture of tender product will have to be procured by the successful tenderer at their own cost. Any delay in procuring raw materials shall not entitle the party to postpone the deliveries as per schedule.
21. AGREEMENT
The successful Tenderer shall conclude a stamped agreement with IOC. Copy of the Agreement is enclosed. The intending vendor should acquaint themselves with the provisions of standard agreement before quoting.
22. ARBITRATION
In case of any dispute or difference arising out of contract, the matter shall be referred to the sole arbitration of an officer of the Corporation nominated by the Director (Marketing) of the Corporation whose decision will be final and binding on both the parties.
23. IMPORT LICENSE
IOC will not provide import license/ foreign exchange for the import of any materials. It
will be the responsibility of vendor to arrange for the same whenever and wherever
required. 24. PACKING AND DESPATCH
The material should be packed and crated appropriately with necessary packing materials
to withstand all transit hazards.
Along with materials, the following documents should be packed and dispatched :- a) Operating and maintenance instruction to users. b) Guarantee Certificate for supplied materials.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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c) Inspection Release Certificates / Report.
25. VALIDITY O F RA TE S AFTER P L A C E M E NT OF ORD E R ( OPTIONAL/ REPEAT ORDER)
Indian oil Corporation Ltd. at its option may consider placement of repeat order on the
party at same rates, terms & conditions for a further quantity upto 100% of the
original ordered quantity within six months from date of original order on Mutual
consent. The terms and conditions are given below:
a. The delivery period for the option order shall not be more than the delivery
period quoted in the original order. b. Destination for the optional quantity may be other than the specified in original
order depending on the actual location where material is to be supplied. Freight
charges to be mutually agreed upon. c. Other terms and conditions as per the original order tender conditions.
26. ACCEPTANCE OF PURCHASE ORDER BY VENDOR
After communication of the Corporation’s acceptance of the Vendor’s tender, if the vendor
fails to return the duplicate copy of the Purchase Order & the Agreement duly signed in
token of their acceptance within 15 days the EMD deposited may be forfeited by the
Corporation, without any further reference to the vendor.
27. GENERAL
1. Tenderers are requested to carefully study all the Tender Documents and Tender
conditions before quoting their rates. No alteration in the Tender will be allowed after
opening of the tender.
2. The Tender must be strictly in accordance with our conditions and specifications.
3. All entries in the Tender must be written in permanent ink or typewritten and
there should be no erasures or over writing, corrections, if any should be attested
under the full signature of the Tenderer.
4. Rates are to be quoted in BOQ.
5. When person signing the Tender/ Agreement is not the sole proprietor or
authorized representative of the Company, the original power of Attorney or a Notary
certified copy thereof authorizing such person to act and sign on behalf of the
company must be produced before signing the documents.
6. A Photostat copy of the Tender’s Current Sales Tax Registration and Income Tax
Clearance/ Return certificates must accompany with the tender. A certified copy of
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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32
the partnership deed should accompany the Tender in the case of partnership firms.
It shall be understood that every endeavor has been made to avoid error which can
materially affect the basis of tender and the successful tenderer shall take upon
himself and provide for risk of any error which may subsequently be discovered and
shall make no subsequent claim on account thereof. No advantage is to be taken
either by the Corporation or the Tenderer of any clerical error or mistake which may
occur in the general specification, schedules, plans or Tender Forms supplied to the
Tenderer.
7. Any terms and conditions attached/ printed overleaf of the vendors offers will not be
binding on IOC.
8. Tenderers should read these conditions carefully and upload one copy in e-tender
site duly signed by them as a tokens of having read, understood and accepted the
conditions.
9. The court in city of Guwahati alone shall have the Jurisdiction to entertain any
application or other proceedings in respect of any disputes arising out of contract
if place against this tender.
10. Tenderers providing false/forged documents certificates in support of their credential
, their tender will be bared and their EMD will be forfeited.
11. Notwithstanding any other conditions/provision in the tender documents, in case of
ambiguity or incomplete documents pertaining to P QC, bidders shall be given only one
opportunity with a fixed deadline after bid opening to provide complete &
unambiguous documents in support of meeting the PQ criteria. In case the bidder fails
to submit any document or submits incomplete documents within the given time, the
bidder’s tender will be rejected.
TENDERS NOT IN CONFORMITY WITH OUR PRESCRIBED TERMS AND CONDITIONS,
SPECIFICATIONS OR WITHOUT EMD/EMD EXEMPTION CERTIFICATE WILL BE SUMMARILY
REJECTED.
The above-mentioned terms and conditions are acceptable to us.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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SPECIAL TERMS AND CONDITIONS
1. SCOPE OF SUPPLY
Supply of Tamper Evident Seals for LPG cylinders as per enclosed drawing and
specifications. Name of the plant to be prominently mentioned on the packing carton for
identification.
2. CAPACITY FOR MANUFACTURE & SUPPLY OF TEMAPER EVIDENT SEALS AGAINST THIS
TENDER:
A. Tenderer should offer a minimum manufacturing capacity, available for this tender,
equivalent to 25%, ie, 123.70 lacs p.a TAMPER EVIDENT SEALS of our prorata
requirement of 494.80 lacs per annum TAMPER EVIDENT SEALS . If the tenderer
quotes without offering the above mentioned minimum capacity, then such
quotations are liable to be rejected
B. Tenderers should furnish the following details:
I) INSTALLED CAPACITY (PER ANNUM) : _____________
II) PRODUCTION CAPACITY (PER ANNUM) : _____________
III) CAPACITY EAR-MARKED AGAINST THIS TENDER (PER ANNUM, FOR THE TOTAL
DELIVERY PERIOD) : ___________
3. VALIDITY OF RATES AFTER PLACEMENT OF ORDER :
The rates finalised in this tender will be firm for a period of two years from the date of
placement of Order or till the supply of total quantity against Purchase Order has been
completed by the vendor, whichever is later. No escalation/ de-escalation will be
permitted on any account of whatsoever.
4. Quantity that can be supplied per annum should be clearly indicated in your offer.
5. The quantity to be supplied per month given under “DELIVERY SCHEDULE” of tender
document shall be binding on the supplier.
6. Unsolicited/ conditional discounts if offered by any party will not be considered and
parties offering such unsolicited discounts are liable to be rejected.
7. Tender Evaluation: Will be guided as mentioned under “Tender Evaluation Criteria”.
8. Tenders with counter or subjective conditions shall be rejected. Corporation reserves the
right to negotiate with tenderers and counter offer a rate if required. As this is a critical
item, preferably three parties shall be considered for supply.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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9. DELIVERY SCHEDULE
Supply shall be commenced at the earliest so as to ensure that at least 50% of the first
quarter (Mar’18- May’18) allocation is reached to the respective LPG bottling plant within
30 days of the date of placement of order; balance quantities towards the requirement
of the first quarter (Mar’18- May’18) may be positioned at the respective LPG Bottling
plants within next 25 days of first delivery. Quarter wise & location wise delivery
schedule for supply of Tamper Evident Seals will be given at the time of placement of
Purchase Order. The party should strictly adhere to the delivery schedule. If Seller fails to
adhere to the said delivery schedule, Liquidated Damages clause will apply. The
Corporation may purely at its discretion (Without being bound to do so) may allow the
Seller from time to time to make up the shortfall that occurred in the delivery of Tamper
Evident Seals (agreed to be made as per the delivery schedule), in the succeeding quarter
of the contracted period subject to the Liquidated Damages clause. Notwithstanding
anything to the contrary contained in any of the provisions of this agreement, the
Corporation from time to time shall have the right purely at its discretion to prune the
quantity of Tamper Evident Seals short supplied from the total contracted quantity
without prejudice to the right of the Corporation to determine, claim and recover
damages from the seller and source the required quantity of seals from alternative
sources. In case the party fails to supply Tamper Evident Seals for the first quarter after
the issue of P.O and payment of security deposit, Corporation reserve the right to forfeit
the Security Deposit. Our three year requirement of Tamper Evident Seals (in
thousands) is as under:
Total(in
thousands)
North GHY 31752
Sarpara 15876
Bongaigaon 15876
Gopanari 29106
Silchar 29106
Dimapur 3175
Sekmai 7938
Kimin 2646
Bishalgarh 5821
Mualkhang 3175
Duliajan 3969
However, IOC reserves the right to cancel/ reduce the ordered quantity/ies, reallocate
the ordered quantities among the plants & change the delivery schedule at any time at
its own discretion.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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11. PACKING & DESPATCH
250 nos. of rolls containing 100 pieces of Tamper Evident Seals each shall be placed in a
strong cardboard carton. Thus each carton will be containing 25000 pieces of Tamper
Evident Seals. The packing should be adequate to withstand handling and transit damage
during transportation by road. One carton should contain Tamper Evident Seals for only
one specific plant. Tamper Evident Seals for different plants should not be put in the
same carton. Boxes should be pasted with 25 cm x 20 cm labels with following
information on all sides and top:
Name of the Plant
Consignee’s Name and Address
Sellers Name/ address
Item, quality, Batch No.
Gross weight
All the Tamper Evident Seals will be dispatched by the seller by road on freight prepaid
basis. The consignments shall be sent on door delivery basis. Immediately on dispatch,
the seller shall send GCN directly to the consignee by the Registered A/D under intimation
to State Office. The Seller will undertake transportation of Tamper Evident Seals on behalf
of the Corporation through established and reliable common carrier lorries.
12. RAW MATERIAL
In respect of the components which are required for the manufacture of Tamper Evident
Seals the Seller shall from time to time during the currency of this contract inform the
Corporation, the list of such item including the names and addresses of the supplier of
such items and the measures taken for ascertaining the quality assurance of such items.
The seller shall be responsible for procurement of all essential raw materials for
manufacture of Tamper Evident Seals to suit the delivery committed to IOC. Any delay in
procuring the raw materials shall not entitle the seller to postpone the committed delivery
schedule.
13. COMPOSITION OF TAMPER EVIDENT SEAL COMPOUND
Composition of the raw material has been specified in the enclosed drawing and
specification. The composition including pigment added / mineral(s) used for filling as per
the specification or changes, if any, adopted as per the mutual agreement between the
successful tenderer and the Corporation shall be maintained as business secret between
the Corporation and the supplier. The successful tenderer is bound to maintain secrecy of
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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the composition of Tamper Evident Seals compound. Violation of this requirement will
lead to cancellation of the purchase order.
14. QUALITY CONTROL
The seller shall adhere to the quality control/inspection procedure laid down by the
corporation for Tamper Evident Seals. Supply of Tamper Evident Seals should be
thoroughly inspected and tested by the tenderer prior to despatch to ensure that they
confirm to the specification of the corporation. It is suggested that the manufacturers
should get their Seals tested by LERC, Bangalore before dispatching to the locations.
Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date
and date of packing to be sent along with the material. Each and every carton should
contain this quality assurance certificate.
15. INSPECTION
On receipt of each consignment at the location, random samples will be drawn and
verified for correctness. If the samples are found acceptable, the Plant will certify
accordingly. If the samples do not pass the above preliminary test, the particular
consignment will be frozen and the sample shall be drawn again and sent to LPG
Equipment Research Centre (LERC) Bangalore for testing with reference to drawing and
specification. If the samples fail the test of LERC, the manufacturer shall be intimated in
writing by the Plant and procedures as indicated under Guarantee / Warrantee clause
shall be applicable.
16. EXECUTION OF SUPPLY
The sellers shall abide by the rules, regulation, Bye –laws and statutory requirements etc.
imposed by the Govt./ Semi-Govt. and other local bodies such as Municipalities etc. for
the execution of this order.
17. COMMENCEMENT OF THE ORDER
Supply shall be commenced at the earliest so as to ensure that at least 50% of the
quarter’s (Mar’ 2018- May’18) allocation is reached to the respective LPG bottling plant
within 30 days of the date of placement of order; balance quantities towards the
requirement of quarter March’ 2018- Mayl’18) may be positioned at the respective LPG
Bottling plants within next 25 days of first delivery. It is suggested that the manufacturers
should get their Seals tested by LERC, Bangalore before dispatching to the locations.
Samples should be submitted free of cost and as per directions of Chief Manager (LPG-
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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ED), HO for obtaining prior approval well in advance for clearance towards
commencement of supplies as per schedule. In case of samples found not meeting the
specifications, corrective actions will have to be taken by manufacturer and repeat
samples to be submitted for clearance.
18. FAILURE IN MAKING SUPPLIES
In case of failure by a party in meeting the supply schedule as laid down in the Purchase
Order, IOC reserves the right to procure the quantities from other manufacturers at his
risk & cost.
19. DETAILS OF PLANT / MACHINERY
Tenderers should furnish particulars of their factory or workshop including location and
machinery installed therein with the capacity for fabrication of these materials in the
format enclosed along with this tender.
20. TENDERERS TO QUOTE FOR ALL BOTTLING PLANTS
All tenderers have to necessarily quote for all the bottling plants. Tenders of the
tenderers who have not quoted for all the locations will be summarily rejected.
21. OTHER CONDITIONS
i) Bills for supplies made are to submitted in triplicate along with receipted challans
to our Plant Managers at the aforementioned locations.
ii) IOC has the right to: -
a) Split the quantity between / amongst two / more than two parties
b) To accept/ reject any tender or to cancel subject tender at any time
without assigning any reason.
iii) Complete tender along with its enclosures DIGITALLY signed & UPLOADED
without incorporating any changes whatsoever & giving your acceptance for
agreeing to all the tender conditions in toto is to be submitted by the due date.
22. SPECIAL CONDITIONS OF CONTRACT – TAXES: The following clauses are relevant for this tender:
Clause No.
Description
DEFINITIONS
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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38
Clause No.
Description
1 Contractual period / Work Completion Period /Contractual Delivery Date / Contractual Completion Period shall mean the Scheduled Delivery / Completion Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or Work Order and shall also include approved extensions, if any.
GENERAL
1 Where any portion of the GCC/any other section of tender, is repugnant to or at variance with any provision of the Standard Taxation Condition (STC), then the provision of the STC shall be deemed to override the provisions of the GCC and shall, to the extent of such repugnance or variations, prevail.
2 For the purpose of this STC, the term “tax” in addition to tax imposed under CGST (Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/ GST Compensation Cess Acts, also includes any duties, cess or statutory levies levied by central or state authorities.
3 Rate variation in Taxes and any new promulgated taxes after last date of the submission of price bid only on the final product and/or services (applicable to invoices raised on IOCL) within the contractual delivery date /period (including extension approved if any) shall be on IOCL’s Account against submission of documentary evidence. Further , in case of delay in delivery of goods and/or services, any upward rate variation in Taxes and any new promulgated taxes imposed after the contractual delivery date shall be to the Seller’s / Contractor’s Account. Similarly in case of any reduction in the rate(s) of the Taxes between last date of submission of price bid relevant to the Contract and the date of execution of activities under the contract, the Contractor shall pass on the benefit of such reduction to IOCL with the view that IOCL shall pay reduced duty/Tax to Govt.
4 Wherever any escalation / de-escalation linked to raw material price (Basic price excluding taxes) is allowed as per terms of the contract, Variation to the extent related to escalation / de-escalation of value of material shall be allowed without Tax unless specified otherwise.
5 It would be the responsibility of the contractor to get the registration with the respective Tax authorities. Any taxes being charged by the Contractors would be claimed by issuing proper TAX Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed under the respective tax laws and also to mention his correct and valid registration number(s) along with IOCL’s registration number as applicable for particular supply on all invoices raised on IOCL. In case the contractor is opting for Composition scheme under the GST laws (i.e Section 10 of the CGST Act, 2017 and similar provisions under the respective State / UT law), the contractor should confirm the same. Further the contractor to confirm the issuance of Bill of Supply while submission of tender documents and no GST will be charged on IOCL. In case the contractor is falling under Unregistered category, the contractor should confirm the same.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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Clause No.
Description
6 The contractor would be liable to reimburse or make good of any loss/claim by IOCL towards tax credit rejected /disallowed by any tax authorities due to non deposit of taxes or non updation of the data in GSTIN network or non filling of returns or non compliance of tax laws by the Contractor by issuance of suitable credit note to IOCL. In case, contractor does not issues credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy/Tax, if any, payable on such recovery.
7 Tax element on any Debit Note / Supplementary invoice, raised by the contractor will be reimbursed by IOCL as long as the same is within the permissible time limit as per the respective taxation laws and also permissible under the Contract terms and conditions. Contractors to ensure that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from time to time.
8 The contractor will be under obligation for quoting/charging correct rate of tax as prescribed under the respective Tax Laws. Further the Contractor shall avail and pass on benefits of all exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services or understanding of law or rules or regulations or any other reasons of similar nature shall be entertained by IOCL.
9 In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the contractor is liable to make good the loss suffered by IOCL by issuance of suitable credit note to IOCL. In case, contractor does not issue credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy, if any, payable on such recovery.
10 In case the contractor is opting for Composition scheme under the GST laws, in such event the evaluation of his bid will be based on the Quoted Price. In case the contractor is falling under Unregistered category, then GST liability, if any, on IOCL will be included for the purpose of evaluation.
11 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced from the delivered price to arrive at the net landed cost.
12 IOCL shall reimburse GST levied as per invoice issued by the Contractor as prescribed under section 31 of the CGST Act and respective states and Rules.
13 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all certificates, documents and declarations as are required by IOCL to avail of the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL.
14 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited to the rate quoted as per BID subject to increase /decrease in Rates after last date of submission of Price Bid provided delivery is within the Contractual period.
15 ROAD PERMIT /WAY BILL
15.1 IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor only in those cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the Road permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper utilization of road permits for the specific supply and in case of seizure of goods/vehicle, the Contractor will be wholly responsible for release and reimburse the litigation cost to IOCL.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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Clause No.
Description
15.2 IOCL shall on no account be responsible for delay or hold up due to the timely non availability of such documents as are required to be furnished by the owner to obtain the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make best efforts to provide sufficient number of Road Permits/way bill, by whatever name it is called. on demand to avoid any delay or Hold up.
INCOME TAX :
1 The contractor shall be exclusively responsible and liable to pay Taxes on Income arising out
of payment made out of the contract.
2 Wherever withholding tax (TDS) is applicable under the Income tax Act , 1961 the same will
be deducted from the Invoices raised and Certificate as per provision of the Income tax Act
and it Rules will be issued to the contractor.
3 Where the contractor is eligible for deduction at lower rate of TDS, supporting documents to
be furnished to paying authority of IOCL before the payment is released. Once the deduction
is made at higher rate and TDS is deposited to authorities, no claim will be entertained by
IOCL.
4 1. Notwithstanding anything mentioned in the contract, Letter of Acceptance, BID
Documents or any correspondences, following clauses shall be applicable with respect to
Indian Income Tax including withholding tax.
2. The CONTRACTOR shall be exclusively responsible and liable to pay all income taxes
on any payments arising out of the Contract, whether payable in India or in any other
jurisdiction.
3. Any payment to non-resident or its permanent establishment (PE) in India which is
chargeable to tax in India attracts withholding tax in India under Income Tax Act, 1961 shall
be subject to provisions of Double Taxation Avoidance Agreement(DTAA) ,wherever
applicable, for withholding tax purposes only.
5 4. Contractor shall not include Withholding tax/Tax deductible at source in its quoted
price. Withholding Tax as applicable as per Indian Income Tax Act read with respective
Double Taxation Avoidance Agreement (hereinafter referred as “DTAA”) will be borne by
IOCL.
5. Notwithstanding Clause “3” above, where Contractor intends to obtain a Certificate of
Lower or NIL Withholding Tax/Tax deductible at source in terms of provisions of Indian
Income Tax Act, 1961 and rules made thereunder, Withholding tax/Tax deductible at source
will be deducted from amount payable under the contract as per Certificate issued by tax
authorities under Income Tax Act, 1961 and rules made thereunder and same shall not be
borne by IOCL.
6. In all cases whether Withholding tax/Tax deductible at source is borne by IOCL as
described in Clause “4” above or deducted from amount payable as per contract as described
in Clause “5” above, Certificate of Withholding tax/Tax deducted at source will be provided
by IOCL enabling contractor to claim credit of the same in their country of residence.
Annexure: I
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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DETAILS WHICH SHOULD ACCOMPANY THE QUOTATION AGAINST OUR TENDER
Name of the Tenderer
Whether or Sole Trader / Partnerships/
Address of the Regd. Office
Private Ltd. Co. / Public Ltd. Co.
(Strike of whichever is not applicable)
Address of the Branch/ Office quoting
against the Tender)
Address of the Factory
Name and Address of the Proprietors / Partners / directors
Year of Establishment/
commencement Registration &
Date
Registration No.
1. Under companies Act
2. Small Scale Inds.
3. DGTD
Year of commencement
Capital Investment No. of Persons employed
Office :
Factory :
Range of Products /
Service
Production facilities available :
1. Installed Capacity(Per Annum)
2. Power availability
3. Machinery available
4. Raw material available and
source thereof.
}
}
}
Give details in separate
Sheet
Whether the item is completely If tenderer’s factory does
manufacture the item completely,
Give details in separate
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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manufactured on Tenderer’s factory name of the sub contractors who
supply major components.
Sheet
Laboratory facilities available :
YES / NO
(Strike of whichever is not
applicable)
Testing facilities
Available
Whether there is an
BIS registration and if
so details thereof.
List of Large Companies/Public Sector undertaking / Oil companies to which the item(s)
quoted for have been supplied earlier with details of value of order any year of execution.
Whether the Product quoted for is covered by DGS & D rate contract? If so, give details of
rate contract. No. and Date and details or rates applicable under DGs & D rate contract (if
necessary use separate sheet).
Annual Turnover in the last 3 financial years. 2014 –2015 Rs.
2015 – 2016 Rs.
2016 – 2017 Rs.
Latest Income Tax Clearance Certificate/ Return (Assessment year 2016-17) :No. and date
(Photostat copy should accompany quotation):
Goods & Service Tax Registration No.:
Station :
Date : Seal :
Annexure:II
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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DETAILS OF FIRM’S ADDRESS AND INSTALLED CAPACITY OF
TAMPER EVIDENT SEALS
Name of the Bidder _________________________________
Type of Firm _________________________________
(Sole Proprietorship/Partnership/ Pvt. Ltd. Co./ Public Ltd. Co.)
Address of the Registered Office (with
contact nos and email)
Address of the Branch
Office (with contact nos
and email)
Address of the Factory, where the
manufacturing of tamper evident seals
against this tender shall be carried out (with
contact nos and email)
Name ,address and contact no. and email address of the Proprietors/Partners/Directors:
(Please attach separate sheet if required)
Production facilities available:
1. Installed capacity (tamper evident seals) in numbers per annum :
2. Capacity already being utilized (tamper evident seals in numbers per annum) :
Location wise break up of installed capacity of tamper evident seals already committed/
being utilized elsewhere:
Name of Oil Co
(HPC / BPC / IOC)
Location tamper
evident
seals per
annum
Contract valid
upto
Work Order
Reference and
date
3. Balance Capacity available for the supply proposed under this contract (tamper evident seals
in numbers per annum) :
4. Whether the balance capacity available for supply to IOC under this contract meets
minimum requirement of 174.30 lacs per annum : YES / NO
Annexure: III
DECLARATION ON LETTER HEAD
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
RCC/ERO/37/2017-18/LT-13
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PROFORMA OF DECLARATIONS TO BE FURNISHED BY THE TENDERERS
D E C L A R A T I O N - `A' We declare that we have complied with the conditions of GCC & Purchase agreement Date: Place:
Tenderer’s signature
Seal
D E C L A R A T I O N - `B' We declare that we do not have any employee who is related to any officer of the Corporation/ Central/ State Governments of India.
OR We have the following employees working with us who are near relatives of the Officer/ Director of the Corporation/ Central/ State Government in India.
Name of the employee of the Tenderer Name & designation of the Officer of the Corporation/ Central/ State Governments
Date :
Place :
Tenderer’s Signature
Seal
D E C L A R A T I O N - `C'
INDIAN OIL CORPORATION LIMITED
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The Tenderer is required to state whether he is a relative of any Director of Indian Oil Corporation or the Tenderer is a firm in which any Director of our Corporation or his relative is a partner or any other partners of such a firm or alternately the Tenderer is a private company in which Director of Indian Oil Corporation is a member or Director.
S/N PARTICULARS DETAILS
1 Name of the Tenderer and his relations with the Director in our Corporation.
2 Name of the Director of the Corporation who is related to the Tenderer.
3 Name of the Director of the Corporation who is a member or a Director of the firm.
Date :
Place :
Tenderer’s Signature
Seal
DECLARATION – ‘D’ Tenderer is required to state whether they have employed any retired Director and above rank officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted.
S/N PARTICULARS DETAILS
1 Name of the person
2 Post last held in IOC
3 Date of retirement
4 Date of employment in the firm
Date : Place : Tenderer’s Signature Seal N.B. a) A separate sheet may be attached, if the above is not sufficient.
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b) Strike out whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee/s so appointed happens to be the near relatives of the Officer/Director of the Corporation/Central/State Governments, the tenderer should submit another declaration furnishing the name/s of such employee/s who is/are related to the officer/s of the Corporation/ Central/ State Governments.
c) List of Directors of IOC board is attached.
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LIST OF DIRECTORS OF INDIAN OIL CORPORATION LIMITED:E
1. Shri Sanjiv Singh Chairman Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.
7. Dr.S.S.V. Ramakumar Director (R&D) Indian Oil Corporation Limited R&D Centre Sector 13 Faridabad-121 002. Haryana.
2. Shri A.K.Sharma Director (Finance) Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.
8. Shri Ajay P. Sawhney, Additional Secretary, Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi – 110 001.
3. Shri Verghese Cherian Director (Human Resource) Indian Oil Corporation Limited Corporate Office Plot 3079/3 Sadiq Nagar J.B.Tito Marg New Delhi-110 049.
9. Shri Ashutosh Jindal Joint Secretary(M) Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi – 110 001.
4. Shri Anish Aggarwal Director (Pipelines) Indian Oil Corporation Limited A-1, Udyog Marg Sector-1 Noida-201 301.
10. Shri Subroto Bagchi Chairman Mindtree Ltd. Global Village, RVCE Post Mysore Road Bengaluru-560 059.
5. Shri B.S.Canth Director (Marketing) Indian Oil Corporation Limited (Marketing Division) IndianOil Bhavan, G-9, Ali Yavar Jung Marg Bandra (East) Mumbai – 400 051.
11. Shri Sanjay Kapoor SCO 3, First Floor, Sector 11, Panchkula-134 112. Haryana.
6. Shri G.K.Satish Director (Planning & Business Development) Indian Oil Corporation Limited IndianOil Bhavan No.1, Sri Aurobindo Marg Yusuf Sarai New Delhi-110 016.
12. Shri Parindu K.Bhagat A/F/1, Shapath Tower-IV Opp.Karnavati Club, Above Central Bank S.G.Highway Ahmedabad-380 015.
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Annexure:IV
DECLARATION ON LETTER HEAD
PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING In the case of a Proprietary concern : I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s.____________________ which is submitting the accompanying Bid / Tender nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Partner, are presently or have during the past three years, been placed on any Black List or Holiday List declared by Indian Oil Corporation Ltd. Or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, in respect of any corrupt or fraudulent practices(s) against me or any other of my proprietorship concern(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a partner, except as indicated below :
(Here give particulars of blacklisting or holiday listing, and / or inquiry 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 said firm either in his individual capacity or as proprietor or partner of any other firm or concern presently are or within the past three years have been or has been placed on any Black List or Holiday List declared by Indian Oil Corporation Ltd. Or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, nor there is any pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, in respect of corrupt or fraudulence practices(s) against us or any partner or any other concern or firm of which he is proprietor or partner, except as indicated below:
(Here give particulars of blacklisting or holiday listing and / or inquiry and in absence thereof state “NIL”) In the case of Company: We hereby declare that neither we or a parent, subsidiary or other company under direct or indirect common parent (associate company) are presently nor have within the past three years been placed on any Holiday List or Black List declared by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, and that there is no pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country against us or a parent or subsidiary or associate company as aforesaid in India or in any other country, in respect of corrupt of fraudulent practice(s), except as indicated below:
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(Here give particulars of blacklisting or holiday listing and / or inquiry and in absence thereof state “NIL”) It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd. 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 without prejudice to any other right or remedy (including black listing or holiday listing) available to Indian Oil Corporation Ltd.
Place : Signature of Bidder:
Date : Name of Signatory:
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Annexure: V
DECLARATION ON LETTER HEAD
UNDERTAKING FOR NON TAMPERING OF DATA
I/We have downloaded the entire tender documents from the internet site https://iocletenders.gov.in and I/we have not tampered / modified the tender forms in any manner and have uploaded the unhampered documents. In case, if the same is found to be tampered / modified, I / we understand that my / our tender will be summarily rejected and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doing business with and/or prosecuted. Signature & Seal of the Tenderer / Contractor / His/ Her Authorized Representative Date: Place
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Annexure: VI PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT
(To be executed on stamp paper of Rs:100.00)
Purchase Contract no: ________________________
Bank Guarantee : No.
___________________________
Date : ___________________________
Amount : ___________________________
Valid up to : ___________________________
1. In consideration of the INDIAN OIL CORPORATION LIMITED, having its Registered Office at
G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai- 400 051 (hereafter called “the
Corporation”) having agreed to exempt M/s. _________________________________
having its office at __________________ (hereinafter called “the said Sellers” ) from the
demand under the terms and conditions of a Purchase Contract No.
____________________ dated ___________ made between the Corporation and
______________________________ (hereinafter called “the said Agreement”), of Security
Deposit for the due fulfilment by “the said Seller” of the terms and conditions contained in
the said purchase order, on production of a bank Guarantee of Rs____________(Rs.
____________________________only). We,
_________________________________________ hereinafter referred to as “the Bank” (at
the request of M/s. _______________________________ (Seller) do hereby undertake to
pay to the Corporation an amount not exceeding Rs. _______ (Rs.
______________________________________________) against any loss or damage
caused to or suffered or would be caused to or suffered by the Corporation by Reason of
any breach by the said Vendors of any of the terms of conditions contained in the said
Purchase Contract Agreement.
2. We _____________________________________ (indicate name of the Bank) do hereby
undertake to pay the amounts due and payable under this guarantee without any demur,
merely on a demand from the Corporation stating that the amount claimed is due by way
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of loss or damage caused to or suffered by the Corporation by reason of breach by the said
Vendors of any of the terms or conditions contained in the said Purchase contract or by
reason of the sellers’s failure to perform the said purchase Contract. Any such demand
made on the Bank shall be conclusive as regards the amount due and payable by the Bank
under this guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs. __________ (Rupees
______________________________________________________only.)
3. We ____________________________ (indicate name of bank) undertake to pay to the
Corporation any money so demanded not withstanding any disputes raised by the Seller in
any suit or proceeding pending before any court of Tribunal or Arbitrator relating thereto
our liability under this present being absolute and unequivocal. The payment so made by
us under this bond shall be valid till discharge of our liability for payment there under and
the Sellers shall have no claim against us for making such payment.
4. We, ____________________________ (indicate name of the Bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said Purchase Contract and that it shall
continue to be enforceable till all the dues of the Corporation under or by virtue of the said
Purchase Contract have been fully paid and its claims satisfied or discharged or till the
Corporation certifies that the terms and conditions of the said Purchase Contract have
been fully and properly carried out by the said Seller and accordingly discharge this
guarantee. Unless a demand or claim under this guarantee is made on us in writing on or
before __________________we shall be discharged from all liability under this guarantee
thereafter.
5. We, ___________________________ (indicate name of the Bank) further agree with the
Corporation that the Corporation shall have the fullest liberty without our consent and
without affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Purchase Contract or to extend time of performance by the said
Seller from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Corporation against the said Seller and to forebear or enforce
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any of the terms and conditions relating to the said Purchase Contract and shall not be
relieved from our liability by reasons of any such variation, or extension being granted to
the said Seller or for any forbearance act or omission on the part of the Corporation or any
indulgence by the Corporation to the said Seller or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provisions have effect of so
relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Seller.
7. We, ____________________________ (indicate name of the Bank) lastly undertake not to
revoke this guarantee during its currency except with previous consent of the Corporation
in writing.
Dated the ___________________ day of ____________20
For_____________________________________________ (Indicate the name and address of the Bank)
DATE: SEAL: PLACE:
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Annexure:VII
PROFORMA OF PERFORMANCE BANK GUARANTEE (To be executed on stamp paper of Rs:100.00)
Purchase Order No. & Date: __________________________ Bank Guarantee No.:_________________________________ Dated :______________________________________________ Amount Rs.:_________________________________________ Valid upto :__________________________________________
Indian Oil Corporation Ltd., ___________________________ ___________________________ ___________________________ ___________________________ Dear Sir, 1. WHEREAS Indian Oil Corporation Limited having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai – 51 (hereinafter called the ‘CORPORATION’ which expression shall include its successors, assigns) has placed a Purchase Order No._________________________ dtd.____________ on M/s. ___________________________________________________________ having its Registered Office at __________________________________________________________________ _______________ (hereinafter called ‘ the Supplier’ which expression shall in so far as the context admits include their successors and assigns) for the purchase of ____________________________ on terms and conditions mentioned in the said Purchase Order. 2. AND WHEREAS in terms of Clause No. _____ of the said Purchase Order the Suppliers are
required to submit a Bank Guarantee for 10% of the Supply items value amounting to Rs. _________________ towards the performance of the units during the warranty period spelt out in the said order :
3 AND WHEREAS we _________________________ _____ the Bank (hereinafter called the
‘Bank’ which expression shall include its successors assigns) on the request made by the suppliers have agreed to give the required Bank Guarantee aforesaid.
NOW THIS INDENTURE WITNESSETH that it is agreed by and between the parties hereto as follows: a. We, the Bank so as to bind ourselves and our successors and assigns do hereby irrevocably
undertake and guarantee performance of the units that may be supplied by the suppliers
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under the above said Purchase Order and do hereby irrevocably undertake to pay to you on demand in writing without demur and without reference to the Suppliers all and any sums of money at any time or from time to time demanded by you upto an aggregate limit of Rs._______________ which being the 10% value of supply items of the above said Purchase Order if all or any of the Units that may be supplied by the Suppliers fails in their warranty period mentioned in the Contract.
b. We, further, agree that the guarantee herein contained shall remain in full force and effect
upto and until the date of completion of the warranty period mentioned in the Contract which is 12 months from the date of commissioning or 12 months from date of shipment whichever is earlier, provided always that notwithstanding anything heretofore contained the liability of the Bank hereunder shall remain valid till ________________________ after which date it will automatically lapse unless a demand is made by the Corporation before that date.
c. Although as between the Bank and Suppliers the Bank is the guarantor only, the Bank
agrees and confirms that as between itself and the Corporation, the bank shall be primarily liable for the payment of the amount/s that may be claimed by the Corporation by virtue of this guarantee and that the Bank shall be treated as the principal debtor.
d. We further agree that the Corporation shall have the fullest liberty without affecting in any
manner our obligations hereunder and without reference to us to vary any of the terms and conditions of the said Contract and / or to extend time of performance by the Suppliers from time to time or to postpone for any time or from time to time any of the obligations of the Suppliers or powers exercisable by the Corporation against the Supplier and / or forbear to force any of the terms and conditions of or relating to the said Contract and that we shall not be released from our liability under this Guarantee / Undertaking by reasons of any such variation or extension being granted to the said Supplier or for any forbearance and/or omission on the part of the Corporation or any indulgence by the Corporation to the Supplier.
e. The Bank will not be entitled to any of the rights conferred on Sureties by Sections
133,134,135,139 and 141 of the Indian Contract Act,1872. f. The Bank will not require any proof or judgement, document, decree or any direction from
any Court/Arbitrator or otherwise to substantiate the claims of the Corporation against the Suppliers. The right of the Corporation under this Guarantee will not be affected by reason of any pending proceeding before any court or Arbitrator.
g. Notwithstanding anything contained herein before our liability under this Guarantee is
restricted to Rs.__________________. h. We further agree that this Guarantee shall not be affected by any change in the
Constitution of the Bank or the Suppliers. Signed this ________________day of ___________________
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Yours faithfully, For ________________________________________________ Bank Signature _______________________________________________ Specimen signature No. ___________________________________
Name & Designation ______________________________________
____________________________________
Name of the Branch ______________________________________
____________________________________
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ANNEXURE- VIII
(On non-judicial stamp paper of Rs.100/-)
AGREEMENT FOR SUPPLY OF TAMPER EVIDENT SEALS
Articles of agreement made at ________ this _____________day of____________ Two Thousand and
three between the INDIAN OIL CORPORATION LIMITED, CORPORATION incorporated under the Indian
Companies Act I of 1956, being an Undertaking of the Government of India and having its Registered
Office at G-9, Ali Yavar Jung Marg, Bandra(East), Mumbai-400 051, hereinafter referred to as "The
Corporation" (which expression shall include its successors and assigns in law) of the One part and M/s
_____________________________ Sole Proprietorship firm/ Partnership Firm registered under the
Indian Partnership Act I of 1932/a Public / Private Limited Company registered under the Companies
Act I, 1956 and having its office at _________________________ ______________________________
hereinafter called "The Seller" (which expression shall mean and include, if the context so admits, the
partners or partner for the time being of the Firm and their or his respective heirs, executors and
administrators / its successors and assigns in law) of the Other part.
WHEREAS
a. The Corporation needs Tamper Evident Seals for LPG cylinders and the Seller is in a position to
manufacture and supply the same; and
b. The Seller has agreed with the Corporation for the supply Tamper Evident Seals specified in the
Purchase Order bearing No._________________________ dt ___________ placed by the Corporation
on the Seller (hereinafter referred to as "Purchase Order") upon certain terms and conditions
hereinafter provided, with the validity period.
c. The parties are desirous of reducing in writing the terms and conditions of the said Contract under
which the Sellers have agreed to the supply of said Tamper Evident Seals.
NOW THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
1. TAMPER EVIDENT SEALS TO BE SUPPLIED :
The Seller shall duly supply the said TAMPER EVIDENT SEALS for LPG Cylinders to the Corporation as per
the description, design, quantity and rates specified in the said Purchase Order placed by the
Corporation on the Seller.
2. A. SECURITY DEPOSIT
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a. The successful tenderer shall within 14 days from the date of receipt Letter of Intent (LOI) have to make payment against Security Deposit.
b. SECURITY DEPOSIT IS PAYABLE AT OUR STATE OFFICE AT BHUBANESHWAR.
c. The Security Deposit amount shall be equivalent to 5% of the value of the Order or Rs. 1,00,000/- (Rs. One Lac Only), whichever is less & to be deposited in any of the following manner.
Security deposit would be made by Pay order / Demand Draft on Scheduled Bank. The Pay order / Demand Draft should be in favour of 'Indian Oil Corporation Limited (Marketing Division)' payable at Guwahati. Outstation Pay order / DD will not be acceptable.
d. Bank Guarantee as an instrument towards Security Deposit shall be accepted. Bank Guarantee is to be
executed by Nationalised / Scheduled Bank towards SD and should be valid for the completion period of supply plus 6(six) months. If needed, validity of BG should be extended by the party / Bank. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition. The proforma for BG for Security Deposit is enclosed.
e. No claim shall lie against the Corporation in respect of interest on Cash deposit or Depreciation thereof.
The Corporation shall be entitled to deduct from the deposit any loss or damage which the Corporation may be put to by reason of any act or default recoverable by the Corporation from the vendor and to call upon the vendor to maintain the deposit at the original limit by making further deposits.
f. In the event of the vendor failing to make and maintain a security deposit in the manner aforesaid be liable to forfeit any moneys lost with the tender by him and the Corporation shall be entitled to cancel acceptance of the Tender.
g. Option of one of the above methods for Security Deposit once exercised should under no circumstances be changed later on.
h. The Security Deposit shall be refunded after 6 months of the completion period of the contract.
i. Forfeiture of Security Deposit - All sums of compensation or other sums of money payable by the vendor may be deducted from SD. In the event of SD being reduced from the original quantum due to recoveries as aforesaid the vendor shall within 15 days of recoveries, make good of the deficiency in SD either by cash or by way of Demand Draft. In case vendor withdrawing during the contract period then SD will be forfeited. 2. B. Performance Guarantee to be furnished by all vendors .
i. Before commencement of supply of the material, by way of Bank Guarantee, the vendor shall
guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications agreed upon and that the same shall be free from any defects.
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ii. The Vendor will guarantee that all materials shall be replaced as the case may be at his own expenses in case the same have been found to be defective in respect of materials, within a period of 12months from the date of use or 12 months from the date of dispatch whichever is earlier.
iii. The guarantee period for the part that may be replaced shall be 12 months from the date on which the same is put in use.
iv. Acceptance by the Corporation or its inspectors of any material or its replacement (if applicable) will not relieve the Vendor of its responsibility of supplying the materials strictly according to the specification and according to the guarantees agreed by the Vendor.
v. The vendor shall furnish Performance Bank Guarantee for 10% value of the Purchase Order before
commencement of supply. This Bank Guarantee shall remain in force for for a period of six(6)
months beyond the validity of work order . It will be responsibility of the Vendor to keep the Bank
Guarantee fully subscribed. The Vendor shall make up any shortfall in the value of the Bank
Guarantee as a result of encashment by the Corporation either in full or in part in terms of the
Performance Guarantee within one week thereof. Such BG should be submitted in a sealed
envelope of the issuing Bank and should not be in open condition.
3. SPECIFICATION
As per the specifications/ drawings given in the tender document and Technology Report.
4. PRICE Vendors should quote their lowest and firm price which shall remain firm when order is placed and until satisfactory completion of the order, The rate should be quoted @ net delivered price i.e ex Bidders works loaded on a the trucks/F.O.R/nearest railway station free delivery at our plants, inclusive of freight element for the delivery by road through bank approved transporter to IOCL locations as given in the tender document. Current GST should be separately mentioned in your offer. The price should be firm and irrevocable and not subject to any change whatsoever even due to increase in cost of materials, components and labour cost till the completion of the order. However, any increase/decrease in statutory levies during the scheduled delivery period on finished materials will be on IOC’s account. For this purpose ,GST etc as prevalent on the date of quotation will have to be quoted in the bid. Vendors should quote their lowest net delivered price without any escalation clause. The rates quoted should not have any quantity restriction. If the price is linked with the order quantities, the tender is liable to be rejected. No upward revision of rates will be accepted after opening of the tender. If the tenderer fails to accept the purchase order placed at his originally quoted rates or subsequently negotiated rates as the case may be the earnest money deposit shall be forfeited.
The quoted rates should be exclusive of GST. However, bidder must quote GST for arriving at final quoted price. 5. FREIGHT
Rate quoted should be inclusive of loading, packing, freight, Transit insurance charges, unloading etc.
6. VALIDITY
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The rates quoted against this Tender shall be valid for a period of 180 days from the date of opening of the Tender
and once the quotation is accepted and the order placed on the successful tenderer, the rates shall be valid for the
entire ordered quantity.
7. QUANTITY
Corporation reserves its right to increase / decrease the quantities indicated in the tender. The Corporation also
reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reason.
The Corporation is not bound to accept the lowest rate for any tender and reserves the right to accept one or more
tenders in part.
The Corporation also reserves its right to allow Public Enterprises (Central/ State) price/ purchase/ contract/ service
preference as admissible under the existing Government Policy. The decision of the Corporation in this connection
will be final.
8. INSURANCE
Insurance shall be to supplier’s account as supply is on door delivery basis. The materials will be dispatched to the
location duly insured by the vendor. LR particulars to be informed to the consignee location by telegram/ fax. The
receiving locations will inspect the goods and inform the Tenderers the details of breakage/ damage if any, to enable
the Tenderers to lodge a claim with Insurance Company.
9. DISCUSSIONS/ NEGOTIATIONS
The Corporation reserves the right to negotiate with the Tenderers. In the event of negotiations, the tenderer will be
required to confirm the negotiation in writing within the time stipulated. If the Tenderer fails to comply with this
requirement, the Corporation reserves its right to ignore his quotation at its discretion.
10. PAYMENT
Payment against the bills shall be made only after confirmation of receipt of material in good condition generally within 30 days
from receipt of bills. Payments will be made by the respective Plant Managers.The following documents as applicable are to be
submitted with the Invoice: -
1. Invoice in triplicate
2. LR / GCN / Way Bill etc. in triplicate.
3. Delivery Challan in triplicate.
4. Guarantee, Warranty Certificate in triplicate.
5. Packing List in triplicate.
6. Inspection Report / Release Note in triplicate.
7. Any other relevant document.
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11. RISK PURCHASE
IOC 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 and conditions or the purchase
order. IOC also reserves the right to purchase the same or similar material through other
sources at the entire risk, cost and consequences of the vendor. This clause is without prejudice
to our liquidated damages clause given below.
12. LIQUIDATED DAMAGES
Vendor will have to pay to the Corporation by way of liquidated damages and not as penalty,
an amount equal to 1% of the contracted price of the material so delayed for each week or part
thereof of such delay in delivery subject to a maximum 10% of such price. For the purpose of
calculating liquidated damages, date of receipt will be taken as date of supply.
13. FORCE MAJEURE CONDITIONS
Delivery of the material is subject to force majeure conditions as under:
If, at any time, during the continuance of the contract, the performance in whole or part by
either party of any obligation under the contract shall be prevented or delayed by reasons of
any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions,
epidemics, quarantine, restrictions, strike, lock-outs or acts of God (hereinafter referred as
“events”), then provided notice of the happening of any such events is given by either party to
the other within twenty one days from the date of occurrence thereof, neither party shall be
reasons of such events, be entitled to terminate the contract nor shall either party have any
claim for damages against the other in respect of such non-performance or delay in
performance and deliveries under the contract shall be resumed as soon as practicable, after
such events have come to an end or ceased to exist, and decision of the Director (Mktg), Indian
Oil Corporation Ltd., (Marketing Division) as to whether the deliveries have been so resumed or
not, shall be final and conclusive provided further that if the performance in whole or part or
any obligation under this contract is prevented or delayed by reasons of any such event for
period exceeding 60 days, either party may at its option terminate the agreement.
14. CANCELLATION/ TERMINATION
Corporation reserved the right to cancel the contract forthwith upon or any time after the
happening of any of the following events viz.
a) If the Tenderer shall commit a breach of any of the terms and conditions of Tender and
fail to remedy such breach within fifteen days of the receipt of the written notice from
us in regard thereto.
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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b) i) On the death of adjudication as insolvent of the Tenderer if he be an individual.
ii) Liquidation whether voluntarily or otherwise on the passing of an effective
resolution for winding up the Tenderer if it be a company.
c) If the attachment is levied or continued to be levied for a period of seven days upon
the effects of the Tenderer or of any individual or partners of the tenderer firm.
d) If the Tenderer does not adhere to the instructions which may be issued from time to
time by us in connection with the manufacture of the material, our right to so
terminate the contract shall be without prejudice to any of our other rights & remedies
against the tenderer and in the event of our so terminating the contract, we shall not
be liable to pay for any lose or compensation in respect of such termination.
15. ASSIGNMENT/ SUB – CONTRACTING
The seller shall not sublet the contract or assign any part of the Corporation’s order to any
person/firm/company without the Corporation’s written consent.
16. GUARANTEE
All materials including components and sub-contracted items should be guaranteed by the
vendor within the warranty period mentioned below.
If in the physical test, it is found that the samples are not meeting the requirements viz.
average weights, dimensions etc the manufacturer shall be informed for joint inspection and
once it is established that the Tamper Evident Seals are not meeting the requirement for
average weights, dimensions etc. then the entire supplies/ lot should be rejected. The Plant
shall deshape such defective material to render it unusable. The Corporation shall recover cost
of material so rejected, from the successful tenderer’s pending bills/ Security Deposit cum
Performance Guarantee. Scrap generated by deshaping the rejected material shall not be
returned to the supplier and no cost benefit/ adjustment will be available to the supplier on
account of the same.
Corporation reserves the right to get the seals tested at LPG Equipment Research Centre,
Bangalore for conformity to drawing and specification. Test results given by LERC will be
considered as authentic and binding on the party.
17. WARRANTY
Within a period of 12 months from the date of use or 12 months from the date of dispatch whichever is earlier.
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.
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18. RAW MATERIALS
Raw materials required for manufacture of tender product will have to be procured by the
successful tenderer at their own cost. Any delay in procuring raw materials shall not entitle the
party to postpone the deliveries as per schedule.
19 AGREEMENT
The successful Tenderer shall conclude a stamped agreement with IOC. Copy of the Agreement
is enclosed. The intending vendor should acquaint themselves with the provisions of standard
agreement before quoting.
20. ARBITRATION
In case of any dispute or difference arising out of contract, the matter shall be referred to the
sole arbitration of an officer of the Corporation nominated by the Director (Marketing) of the
Corporation whose decision will be final and binding on both the parties.
21. IMPORT LICENSE
IOC will not provide import license/ foreign exchange for the import of any materials. It will be
the responsibility of vendor to arrange for the same whenever and wherever required.
22. PACKING AND DESPATCH
The material should be packed and crated appropriately with necessary packing materials to
withstand all transit hazards.
Along with materials, the following documents should be packed and despatched :-
a) Operating and maintenance instruction to users.
b) Guarantee Certificate for supplied materials.
c) Inspection Release Certificates / Report.
23. VALIDITY OF RATES AFTER PLACEMENT OF ORDER (OPTIONAL/ REPEAT ORDER)
Indian oil Corporation Ltd. at its option may consider placement of repeat order on the party at
same rates, terms & conditions for a further quantity upto 100% of the original ordered
quantity within six months from date of original order on Mutual consent. The terms and
conditions are given below:
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a. The delivery period for the option order shall not be more than the delivery period
quoted in the original order.
b. Destination for the optional quantity may be other than the specified in original order
depending on the actual location where material is to be supplied. Freight charges to
be mutually agreed upon.
c. Other terms and conditions as per the original order tender conditions.
24. ACCEPTANCE OF PURCHASE ORDER BY VENDOR
After communication of the Corporation’s acceptance of the Vendor’s tender, if the vendor fails
to return the duplicate copy of the Purchase Order & the Agreement duly signed in token of
their acceptance within 15 days the EMD deposited may be forfeited by the Corporation,
without any further reference to the vendor and further action as per tender terms &
conditions shall be taken.
25. SCOPE OF SUPPLY
Supply of Tamper Evident Seals for LPG cylinders as per enclosed drawing and specifications.
Name of the plant to be prominently mentioned on the packing carton for identification .
26. CAPACITY FOR MANUFACTURE & SUPPLY OF TAMPER EVIDENT SEALS AGAINST THIS TENDER :
a) Tenderer should offer a minimum manufacturing capacity, available for this tender,
equivalent to 25%, ie, 123.70 lacs p.a Tamper Evident Seals of our total requirement of
494.80 lacs p.a. Tamper Evident Seals. If the tenderer quotes without offering the
above mentioned minimum capacity , then such quotations are liable to be rejected
b) Tenderers should furnish the following details:
I) INSTALLED CAPACITY (PER ANNUM) : _____________
II) PRODUCTION CAPACITY (PER ANNUM) : _____________
III) CAPACITY EAR-MARKED AGAINST THIS TENDER (PER ANNUM, FOR THE TOTAL
DELIVERY PERIOD) : ___________
27. VALIDITY OF RATES AFTER PLACEMENT OF ORDER :
The rates finalised in this tender will be firm for a period of two years from the date of
placement of Order or till the supply of total quantity against Purchase Order has been
completed by the vendor, whichever is later. No escalation/ de-escalation will be permitted on
any account of whatsoever.
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The tenders of those bidders who have quoted abnormally low prices are liable to be rejected.
28. Quantity that can be supplied per annum should be clearly indicated in your offer.
29. The quantity to be supplied per month given in “DELIVERY SCHEDULE” of the tender document
shall be binding on the supplier.
30. Unsolicited/ conditional discounts if offered by any party will not be considered and parties
offering such unsolicited discounts are liable to be rejected.
31. Tender shall be evaluated as per Tender Evaluation Criteria.
32. DELIVERY SCHEDULE
Monthwise locationwise delivery schedule for supply of TAMPER EVIDENT SEALS will be given
at the time of placement of Purchase Order. The party should strictly adhere to the delivery
schedule. If Seller fails to adhere to the said delivery schedule, Liquidated Damages clause will
apply. The Corporation may purely at its discretion (Without being bound to do so) may allow
the Seller from time to time to make up the shortfall that occurred in the delivery of TAMPER
EVIDENT SEALS (agreed to be made as per the delivery schedule), in the succeeding quarter of
the contracted period subject to the Liquidated Damages clause. Notwithstanding anything to
the contrary contained in any of the provisions of this agreement, the Corporation from time to
time shall have the right purely at its discretion to prune the quantity of TAMPER EVIDENT
SEALS short supplied from the total contracted quantity without prejudice to the right of the
Corporation to determine, claim and recover damages from the seller and source the required
quantity of seals from alternative sources. In case the party fails to supply Heat Shrinkable Pre-
formed TAMPER EVIDENT SEALS for the first quarter after the issue of P.O and payment of
security deposit, Corporation reserve the right to forfeit the Security Deposit.
33. QUANTITY
However, IOC reserves the right to cancel/ reduce the ordered quantity/ies, reallocate the
ordered quantities among the plants & change the delivery schedule at any time at its own
discretion.
34. PACKING & DESPATCH
250 nos. of rolls containing 100 pieces of Tamper Evident Seals each shall be placed in a strong
cardboard carton. Thus each carton will be containing 25000 pieces of Tamper Evident Seals.
The packing should be adequate to withstand handling and transit damage during
transportation by road. One carton should contain Tamper Evident Seals for only one specific
plant. Tamper Evident Seals for different plants should not be put in the same carton. Boxes
should be pasted with 25 cm x 20 cm labels with following information on all sides and top:
INDIAN OIL CORPORATION LIMITED
MARKETING DIVISION Tender No. :
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Name of the Plant
Consignee’s Name and Address
Sellers Name/ address
Item, quality, Batch No.
Gross weight
All the Tamper Evident Seals will be despatched by the seller by road on freight prepaid basis.
The consignments shall be sent on door delivery basis. Immediately on despatch, the seller
shall send GCN directly to the consignee by the Registered A/D under intimation to Regional
Office. The Seller will undertake transportation of Tamper Evident Seals on behalf of the
corporation through established and reliable common carrier lorries.
35. RAW MATERIAL
In respect of the components which are required for the manufacture of Tamper Evident Seals
the Seller shall from time to time during the currency of this contract inform the Corporation,
the list of such item including the names and addresses of the supplier of such items and the
measures taken for ascertaining the quality assurance of such items. The seller shall be
responsible for procurement of all essential raw materials for manufacture of Tamper Evident
Seals to suit the delivery committed to IOC. Any delay in procuring the raw materials shall not
entitle the seller to postpone the committed delivery schedule.
36. COMPOSITION OF TAMPER EVIDENT SEALS COMPOUND
Composition of the raw material has been specified in the enclosed drawing and specification.
The composition including pigment added / mineral(s) used for filling as per the specification or
changes, if any, adopted as per the mutual agreement between the successful tenderer and the
Corporation shall be maintained as business secret between the Corporation and the supplier.
The successful tenderer is bound to maintain secrecy of the composition of Tamper Evident
Seals compound. Violation of this requirement will lead to cancellation of the purchase order.
37. QUALITY CONTROL
The seller shall adhere to the quality control/inspection procedure laid down by the corporation
for Tamper Evident Seals. Supply of Tamper Evident Seals should be thoroughly inspected and
tested by the tenderer prior to despatch to ensure that they confirm to the specification of the
corporation.
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Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date and
date of packing to be sent along with the material. Each and every carton should contain this
quality assurance certificate.
38. INSPECTION
On receipt of each consignment at the location, random samples will be drawn and verified for
correctness. If the samples are found acceptable, the Plant will certify accordingly. If the
samples do not pass the above preliminary test, the particular consignment will be frozen and
the sample shall be drawn again and sent to LPG Equipment Research Centre (LERC) Bangalore
for testing with reference to drawing and specification. If the samples fail the test of LERC, the
manufacturer shall be intimated in writing by the Plant / Regional Office and procedures as
indicated under Guarantee / Warrantee clause shall be applicable.
39. EXECUTION OF SUPPLY
The sellers shall abide by the rules, regulation, Bye –laws and statutory requirements etc.
imposed by the Govt./ Semi-govt. and other local bodies such as Municipalities etc. for the
execution of this order.
40. COMMENCEMENT OF THE ORDER
Supply shall be commenced at the earliest so as to ensure that at least 50% of the quarter’s
(March’ 2018- May’18) allocation is reached to the respective LPG bottling plant within 30
days of the date of placement of order; balance quantities towards the requirement of
quarter (March’ 2018- May,18) may be positioned at the respective LPG Bottling plants within
next 25 days of first delivery. It is suggested that the manufacturers should get their Seals
tested by LERC, Bangalore before dispatching to the locations. Samples should be submitted
free of cost and as per directions of Chief Manager (LPG-ED), HO for obtaining prior approval
well in advance for clearance towards commencement of supplies as per schedule. In case of
samples found not meeting the specifications, corrective actions will have to be taken by
manufacturer and repeat samples to be submitted for clearance.
41. FAILURE IN MAKING SUPPLIES
In case of failure by a party in meeting the supply schedule as laid down in the Purchase Order,
IOC reserves the right to procure the quantities from other manufacturers at his risk & cost.
42. DETAILS OF PLANT / MACHINERY
Tenderers should furnish particulars of their factory or workshop including location and
machinery installed therein with the capacity for fabrication of these materials in the format
enclosed along with this tender.
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43. QUALITY CONTROL
The seller shall adhere the quality control/inspection procedure laid down by the corporation
for TAMPER EVIDENT SEALS. Supply of TAMPER EVIDENT SERALS should be thoroughly
inspected and tested by the tenderer prior to despatch to ensure that they confirm to the
specification of the corporation.
Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date and
date of packing to be sent along with the material. Each and every carton should contain this
quality assurance certificate.
44. INSPECTION
On receipt of each consignment at the location, random samples will be drawn and verified for
correctness. If the samples are found acceptable, the Plant will certify accordingly. If the
samples do not pass the above preliminary test, the particular consignment will be frozen and
the sample shall be drawn again and sent to LPG Equipment Research Centre (LERC) Bangalore
for testing with reference to drawing and specification. If the samples fail the test of LERC, the
manufacturer shall be intimated in writing by the Plant / Regional Office and procedures as
indicated under Guarantee / Warrantee clause shall be applicable
45. SET OFF:
Any sum of money due and payable to the Seller (including the Security Deposit returnable to
him) under the Contract, may be appropriated by the Corporation against any claim of the
Corporation arising under the Contract against the Seller.
46. ACQUIESCENCE OR WAIVER:
Any acquiescence or waiver by the Corporation of any delay, breach or default committed by
the Seller shall not be deemed to be or considered as estoppels against the Corporation nor
prevent the Corporation from exercising any of its rights under any of the provisions of this
Agreement.
47. ARBITRATION:
This agreement is subject to arbitration and conciliation act 1996. It is known to the parties
herein that the arbitrator appointed hereunder is an employee of the corporation and he is a
shareholder of the Corporation.
a. Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-
claim or set-off or regarding any right, liability act, omission or account of any of the
parties hereto arising out of or in relation to this agreement shall be referred to the
sole arbitration of the Director (Marketing) of the Corporation, who may either himself
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act as the Arbitrator or nominate some other Officer of the Corporation to act as the
Arbitrator. The Seller will not be entitled to raise any objection to any such arbitrator
on the ground that the Arbitrator is an Officer of the Corporation.
b. In the event of the Arbitrator to whom the matter is originally referred to being
transferred, he shall be entitled to continue with the Arbitration proceedings
notwithstanding his transfer, unless the Director (Marketing) at the time of such
transfer or at any time thereafter, designate another person to act as Arbitrator in his
place in accordance with the terms of this agreement.
c. In the event of the Arbitrator, to whom the matter is originally referred to, vacating his
office or being unable to act for any reason, the Director (Marketing) at the time of
vacation of office or inability or refusal to act, shall designate another person to act as
arbitrator in accordance with the terms of this agreement.
d. The Arbitrator newly appointed by the Director (Marketing) under Clause (b) or under
Clause (c) above shall be entitled to proceed with the reference from the point at which
it was left by his predecessor.
e. It is an express term of this contract that no person other than the Director (Marketing)
or a person nominated by such Director (Marketing) of the Corporation as aforesaid
shall act as Arbitrator hereunder. If for any reason Director (Marketing) is unable or
unwilling or refuses or fails to act as Arbitrator or nominate an Arbitrator then the
matter in dispute shall not be referred to Arbitration at all.
f. The award of the Arbitrator so appointed shall be final, conclusive and binding on all
parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any
statutory modification or re-enactment thereof and the rules made thereunder for the
time being in force shall apply to the arbitration Proceedings under this clause.
g. The Award shall be made in writing and published by the Arbitrator within two years
after entering upon the reference or within such extended time not exceeding and
further one year as the parties shall be writing agree.
The parties hereto shall be deemed to have irrevocably given their consent to the
Arbitrator to make and publish the award within the period referred to here-in-above
and shall not be entitled to raise any objection or protest thereto under any
circumstances whatsoever.
The arbitrator shall have power to order and direct either of the parties to abide by,
observe and perform all such directions as the arbitrator may think fit having regard to
the matters in difference i.e dispute before him. The arbitrator shall have all summary
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powers and may take such evidence oral and/or documentary as the arbitrator in his
absolute discretion thinks fit and shall be entitled to exercise all powers under the
Indian Arbitration Act, 1940 including admission of any affidavit as evidence concerning
the matter in difference i.e dispute before him.
h. The party against whom the arbitration proceedings have been initiated, that is to say,
the Respondent in the proceeding, shall be entitled to prefer a cross-claim, counter-
claim or set off before the arbitrator in respect of any matter in issue arising out of or
in relation to the agreement without seeking a formal reference for arbitration to the
Director (Marketing) for such counter-claim, cross-claim or set off and the arbitrator
shall be entitled to consider and deal with the same as if the matters arising therefrom
have been referred to him originally and deemed to form part of the reference made
by the Director (Marketing).
i. The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineer
or other technical person to assist him and to act on the opinion taken from such
person.
j. The arbitrator shall have power to make one or more awards whether interim or
otherwise in respect of the dispute and difference and in particular will be entitled to
make separate awards in respect of claims or cross-claims of the parties
k. The arbitrator shall be entitled to direct anyone of the parties to pay the costs of the
other party in such manner and to such extent as the Arbitrator may in his discretion
determine and shall also be entitled to require one or both the parties to deposit funds
in such proportion to meet the Arbitrator’s expenses whenever called upon to do so.
48. JURISDICTION:The parties hereby agree that the courts in the city of Guwahati 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 in the concerned courts in the aforesaid city only.
49. OTHER CONDITIONS
i. Bills for supplies made are to submitted in triplicate along with receipted challans to
our Plant Managers at the aforementioned locations.
ii. IOC has the right to:
a. Split the quantity between / amongst two / more than two parties
b. To accept / reject any tender or to cancel subject tender at any time without
assigning any reason.
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iii. Complete tender along with its enclosures duly signed & UPLOADED without
incorporating any changes whatsoever & giving your acceptance for agreeing to all the
tender conditions in toto is to be submitted by the due date.
The above-mentioned terms and conditions are acceptable to us.
IN WITNESSES WHEREOF the said parties have hereunto set their hands the day Month and year first
hereinabove written.
SIGNED by Indian Oil Corporation Ltd.,
by Shri______________________
Its Constituted Attorney in the presence of
SIGNED by M/S
(SELLER) BY its Partner/Constituted Attorney in the presence of
Witness : 1. Name : Sign : 2. Name : Sign :
ANNEXURE-IX (TO BE EXECUTED ON RS.100/-STAMP PAPER & NOTORISED)
INDEMNITY BOND / UNDERTAKING
From
M/s. __________________________
______________________________
______________________________
______________________________
To,
M/s. Indian Oil Corporation Limited
______________________________
______________________________
______________________________
THIS INDEMNITY BOND / UNDERTAKING executed at --------------------- this ------------- day ---------- 2015 by M/s ---------------------------------------------------------------------------------- hereinafter called the ‘Manufacturer’ (which expression and shall mean and
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include, if the context so admits, the partners or partner for the time being of the firm and their or his respective heirs, executors and administrators / its successors and assign in law) in favor of M/s Indian Oil Corporation Limited, --------------------------------------------------------------------------------------------------------------------------------------. Hereinafter called " IOCL" (which expression shall include its successors and assigns in law).
WHEREAS the Manufacturer, M/s ----------------------------- is interested to manufacture for
Indian Oil, Rigid PVC Tamper evident seals, as per LERC ( A Joint undertaking of IOCL, BPCL & HPCL) developed formulation & Manufacturing Technology and specifications, and is desirous of participating in IOCL E-Tender for the commercial manufacture and supply of Rigid PVC Tamper evident seals to IOCL, as per LERC developed formulation & Manufacturing Technology and specifications , at their manufacturing unit located at ------------------------------------------- vide reference No.-------------------------------- dated ---------------------- AND WHEREAS Indian Oil Corporation Limited has agreed to provide to M/s --------------------- the LERC’s RPVC formulation details of tamper evident shrink seal & Manufacturing Technology document of the same to Manufacturer for participating in the E-tender for the commercial manufacture of Rigid PVC Tamper evident shrink seal upon certain terms and conditions provided in the Indemnity bond, which are to be abided by the Manufacturer.
IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND / UNDERTAKING by the manufacturer to indemnify and keep indemnified IOCL as stated hereinafter:
The Manufacturer hereby agree, confirm and declare that they have fully complied / will comply with the provisions of various laws and that no violation of any of the provisions has been done by them and in the event of any past or future violation of the provisions of various laws, the Manufacturer shall indemnify and keep IOCL duly indemnified against all losses, damages, costs, charges, expenses, penalties, suits are proceedings which IOCL may incur, suffer or be put to.
I, Mr. -----------------------------, proprietor/ partner of M/s.----------------------------,
manufacturing unit located at ------------------------------------------------------------------
(INDIA) hereby confirm that the “Technology Report on Tamper Evident Seal” of LERC
supplied by IOCL to us pursuant to this Agreement, shall be between IOCL and M/s -------
----------------------- and be regarded as the proprietary information of IOCL. LERC,
Bangalore has developed the RPVC formulation for Tamper evident shrink seal for LPG
cylinder and have applied for Indian patent. Hence, the proprietorship and all Intellectual
Property Rights in any Improvement(s) in the Technology / Formulation shall vest in IOCL&
LERC.
I, Mr. --------------------, proprietor / partner of M/s.---------------------------- , hereby confirm
and state that I shall at all the times treat as strictly confidential the LERC’s Rigid PVC
formulation & Manufacturing Technical Information for Rigid PVC Tamper evident shrink
seal and improvements with respect to the PRODUCT disclosed by IOCL and undertakes
not in any manner to duplicate or to disclose the same or publish or apply the same for any
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purpose other than purposes and also in the event of becoming non successful bidder in this
IOCL tender and in accordance with terms and conditions herein specified, and even so,
strictly only to those of its personnel, consultants and suppliers to whom such disclosure is
necessary to operate and who are bound by appropriate agreement or undertaking on terms
and conditions at least equally stringent to the provisions contained in this Indemnity bond to
maintain confidentiality in respect thereof.
The Manufacturer hereby confirms, agrees and records that this letter of undertaking and indemnity bond shall be irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal representatives and shall ensure for IOCL benefit and for the benefit of its successors and assigns.
Yours faithfully
Signature:
Name:
Address:
Seal:
DATE: -----------------------
Witness: (1)
Witness: (2)
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To,
CHIEF GENERAL MANAGER (Contract Cell),
INDIAN OIL CORPORATION LIMITED (MARKETING DIVISION),
SUB: SUBMISSION OF QUOTATION FOR SUPPLY OF TAMPER EVIDENT SEALS.
Dear Sirs,
1. Having examined the letter inviting tender, instruction to tenders(SITB) , general
conditions of contract, special conditions of the contract, technical specifications,
drawings, schedule of quantities, forms and addenda for the execution of the above
named work, I/We the undersigned, offer to supply TAMPER EVIDENT SEALS in
conformity with the letter inviting tender, instruction to tenders, general conditions
of contract, special conditions of the contract, technical specifications, drawings,
schedule of quantities, forms. Annexures and addenda.
2. I/We confirm that all the documents as per checklist have been enclosed by me/us
and the tender has been submitted in compliance with the provisions as stated in para
(1) above.
3. I/We undertake, if our tender is accepted, to commence the work on the date of
commencement after the receipt of letter/ mail of intent to commence, and to
complete the whole work comprised in the contract within the time period stated in the
tender.
4. I/We confirm having quoted the rates for all the bottling plants in the tender & having
furnished details of delivery commitments and available / spare capacity for effecting
supplies as per the tender.
5. I/We agree to abide by this tender for the period of 180 days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time
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before expiration of that period.
6. Unless and until a formal agreement is prepared and executed, this tender together
with your written acceptance thereof, shall constitute a binding contract between us.
7. I/We understand that you are not bound to accept the lowest or any tender you may receive.
Yours faithfully
Signature:
Name:
Address:
Seal:
DATE: -----------------------
*************