BHARAT PETROLEUM CORPORATION LIMITED CENTRAL PROCUREMENT ORGANISATION (MKTG) ‘A’ INSTALLATION, SEWREE FORT ROAD SEWREE (E), MUMBAI - 400 015 PRESS TENDER SUPPLY OF 50 LITRE AND 210 LITRE HDPE CONTAINERS TO LUBE OIL BLENDING PLANTS AT WADILUBE-MUMBAI, TONDIARPET- CHENNAI, LONI- GHAZIABAD AND BUDGE-BUDGE, NEAR KOLKATA, OVER A PERIOD OF TWO YEARS Tender Reference/CRFQ No.: 1000293285 System ID No.: 31766 Pre bid Meeting: 26.02.2018 at 11:00 Hours IST Due Date: 09.03.2018 at 15.00 Hours IST
Transcript
BHARAT PETROLEUM CORPORATION LIMITED
CENTRAL PROCUREMENT ORGANISATION (MKTG)
‘A’ INSTALLATION, SEWREE FORT ROAD
SEWREE (E), MUMBAI - 400 015
PRESS TENDER
SUPPLY OF 50 LITRE AND 210 LITRE HDPE CONTAINERS TO LUBE
OIL BLENDING PLANTS AT WADILUBE-MUMBAI, TONDIARPET-
CHENNAI, LONI- GHAZIABAD AND BUDGE-BUDGE, NEAR
KOLKATA, OVER A PERIOD OF TWO YEARS
Tender Reference/CRFQ No.: 1000293285
System ID No.: 31766
Pre bid Meeting: 26.02.2018 at 11:00 Hours IST
Due Date: 09.03.2018 at 15.00 Hours IST
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CRFQ –1000293285 Date: 16.02.2018
TENDER FOR SUPPLY OF 50 LITRE AND 210 LITRE HDPE CONTAINERS
TO OUR LUBE BLENDING PLANTS AT WADILUBE-MUMBAI, TONDIARPET-
CHENNAI, LONI- GHAZIABAD AND BUDGE-BUDGE, NEAR KOLKATA,
OVER A PERIOD OF TWO YEARS
1. Bharat Petroleum Corporation Limited (BPCL) is a Fortune 500 Navratna PSU engaged in
manufacturing and Marketing of diverse range of Petroleum Products including lubricants.
2. BPCL intends to procure HDPE Containers for our Lubricant Business Unit, at our Wadibunder-Mumbai, Tondiarpet-Chennai, Loni near Ghaziabad, Budge- Budge near Kolkata and any Toll Blender in an around Mumbai (within 50 kms). We are pleased to invite BIDS for HDPE Containers for supply of below mentioned quantity of this item over a period of Two years from
the date of issue of LOI/ Contract, as per tender specifications.
3. ESTIMATED REQUIRED QUANTITY: Plant-wise requirement (in numbers) is as shown below:
4. The estimated requirements given above are indicative figures only and they are not binding on
BPCL in any way (the requirement will be need based only). Actual requirement shall be indicated to the vendor from time to time through Purchase Orders after the award of contract. BPCL does not guarantee any minimum volume of business.
5. MOULDS: Supply of Container will be as per vendor’s Design and Mould. Hence, BPCL shall NOT provide any mould. Before commencement of production, supplier should get sample Container approved by BPCL (please see details under “samples‟ in Annexure- VI)
6. BID SECURITY: Bidders shall have to submit an Earnest Money Deposit (EMD) of Rs 2.5 lakhs.
Pl. refer clause 8 of Instructions to Bidders (Annexure V) for more details.
7. INTEGRITY PACT (IP): Integrity Pact (IP) is a pact between BPCL (as a purchaser) on one
hand and the prospective bidder on the other hand stating that the two parties shall make certain
commitments to each other in regard to ensuring transparency and fair dealings in the purchasing activities of the corporation. Tenderers shall also have to essentially sign an
INTEGRITY PACT, for participating in this tender, as per the pro-forma given at (Annexure - IV). The salient features of this program are:
a. Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents, duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder’s failure to return the IP Document duly signed along with the bid documents shall result in the bid not being considered for further
evaluation.
MATERIAL Wadilube Mumbai
Tondiarpet Chennai
Budge-Budge Kolkata
Loni Ghaziabad
50 L HDPE Drum 60,000 30,000 10,000 35,000 210 L HDPE Container 5,000 25,000 1,000 10,000 PLANT-WISE TOTAL 65,000 55,000 11,000 45,000
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b. If the bidder has been disqualified from the tender process prior to the award of the contract
in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the bidder Liquidated damages amount by forfeiting the EMD/Bid security as per provisions of the Integrity Pact.
c. If the contract has been terminated according to the provisions of the Integrity Pact, or if
BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee/ Supply and Performance Guarantee as per provisions of the Integrity Pact.
d. Bidders may raise disputes/ complaints, if any, with the nominated Independent External Monitor whose name/ address/ contact numbers are as given below:
8. STRUCTURE OF THE TENDER: It is a TWO-PART-BID E-Tender, having Techno-Commercial and Price Bids. Please visit the website https://bpcleproc.in for online participating in this tender and submitting bid. The E-Tender consists of the following Attachments and Forms. Bidders have to carefully study the same for easy participation:
Bid Qualification Criterion (Annexure - I)
General Purchase Conditions (Annexure - II)
Special Purchase Conditions (Annexure - III)
Proforma of Integrity Pact (Annexure - IV)
Instruction to bidders (Annexure - V)
Technical Specifications (Annexure – VI)
Quality Control Checks (Annexure – VII)
Bidder's Details And Techno-Commercial Form (Annexure - VIII)
Technical Audit Checklist (Annexure - IX) Price Bid for Finished Containers – Sample Format (Annexure - X)
9. PRE-BID MEETING: A pre-bid meeting has been arranged on 26th February 2018 11:00 hours IST at the following address:
Bharat Petroleum Corporation Limited, Central Procurement Organization (Marketing), ‘A’ Installation, Sewree Fort Road,
Sewree (East), Mumbai-400015
Parties desiring to attend the pre-bid meeting are requested to send a prior intimation to the undersigned.
10. BID SUBMISSION: The Bidders are requested to refer Annexure - V for Bidding Process for
E-Tender and may also consult our service provider M/s. E-Procurement Technologies Ltd. (ETL). Bidders have to necessarily log on to our site https://bpcleproc.in and search for the Tender/ System Id (given on Page-1) for participation and submitting the E-Bid.
11. SUPPORT DESK: In case of any clarification pertaining to E-Procurement Process, the vendor may contact ETL on Contact Numbers and E-Mail Ids, as appended below. All India : +91 79 4001 6868 [email protected] CPO(M) Office : Satyanarayan Behera (90040 14223) [email protected]
12. DIGITAL SIGNATURE: The tender documents along with Annexure thereto and Price Bids shall
be required to be digitally signed with a Class II B or above digital signature by the authorized signatory. The authorized signatory shall be:
a) Proprietor in case of proprietary concern. b) Authorized partner in case of partnership firm. c) Director, in case of a Limited Company, duly authorized by its Board of Directors to sign.
If for any reason, the proprietor or the authorized partner or director as the case may be, are unable to digitally sign the document, the said document should be digitally signed by the constituted attorney having full authority to sign the tender document and a scanned copy of such authority letter and also the power of attorney (duly signed in the presence of a Notary public) should be uploaded with the tender. Online submission of the tender under the
Digital Signature of the authorized signatory shall be considered as token of having read, understood and totally accepted all the terms and conditions of this tender.
13. LAST DATE FOR BID SUBMISSION: Your bid should be submitted online on or before the due date i.e. 9th March 2018, 15.00 Hrs IST. Bids/ Offers shall not be permitted in E-Tender System after the tender due date/ time. Hence, no bid can be submitted after the due date and time of submission has elapsed. Vendors are advised in their own interest to ensure that their
bids are submitted in E-Procurement System well before the closing date and time of bid
submission. No manual bids/ offers along with electronic bids/ offers shall be permitted. Bids not in the prescribed format, are liable to be rejected.
14. Post submission of bid, the bidder shall have to get the credentials submitted by him
(including visit to the vendors’ premises) verified by a BPCL empanelled TPIA (LRIS / SGS / GLISPL / IRS / DNV / EIL / TATA Projects / PDIL / UL / RITES LTD / ITSIPL / MECON / ICSPL / ICS / Bureau Veritas), as and when required by BPCL. The TPIA charges shall be paid to such bidder(s) by BPCL, based on their quote provided in the price bid subject to no adverse remark
by the TPIA that can materially impact the qualification of the bidder for this tender. Further, in case any bidder is asked for verification of his documents (including visit to manufacturing unit) pertaining to more than one container and/or BPCL location and all such supplies are proposed from the same manufacturing facility of the vendor then TPIA charges for only a single inspection would be paid and not the aggregate amount.
15. Vendors, on BPCL’s Black/Holiday List will not be considered. BPCL reserves the right to accept
or reject any or all the Offers at their sole discretion without assigning any reason whatsoever. BPCL’s decision on any matter shall be Final & any vendor shall not enter into correspondence with BPCL unless asked for. BPCL may call for additional documents if required. BPCL would also consider information already available with them regarding Vendor’s credentials.
16. For clarifications, if any, please feel free to contact us on any working day between 10:00 am to 4:00 pm:
PROCUREMENT LEADER: Sanjay Phulli - 022-2417 6254; M – +9198197 09408 ([email protected]) OR
Vendors have to satisfy the following bid-qualification parameters to become eligible for further technical and
commercial evaluation and also indicate the Supporting Documents required in support to satisfy those
parameters.
Criteria TENDER REQUIREMENTS
1 A. ESTABLISHED MANUFACTURER: The Vendor should be an established manufacturer NOT a Trader or Agent of Manufacturer of:
1. 50 Ltr HDPE Drums – for bidding for this item
2. 210 Ltr HDPE Barrels – for bidding for this item
3. 50 Ltr HDPE Drums and 210 Ltr HDPE Barrels – for bidding for both the items
This experience can be from any of the unit belonging to that vendor.
However, in case supplies are proposed from a different unit and/or from more than one units, then
the PAN number of all the units from which the supplies are proposed should be the same.
Additionally, the vendor or the bidder has to mandatorily provide valid GST registration & GST invoice
of all the units.
Documents required: Vendors to submit/ upload following document/s in support of their claim:
a) PAN Card b) Valid GST Registration (valid as on due date of the tender) c) GST Invoice (printed with GST registration number) of date within last Three (3) Months prior to bid
submission due date. d) Vendor’s declaration/affidavit in their Organization/Company letter Head confirming qualification of
this criteria.
3 FINANCIAL CAPACITY: A. ANNUAL FINANCIAL TURNOVER: For bidding for any plant, the bidder should have
achieved a Minimum Average Annual Financial Turnover, as given below as per the Audited Financial Statements (including Balance sheet and Profit and Loss Account), during the previous available THREE consecutive accounting years prior to the due date of bid submission:
Qualifying Turnovers (in Rs Lacs)
Plant Loni Plant,
Ghaziabad
Budge Budge
Plant, Kolkata
Tondiarpet
Plant, Chennai
Wadilube
Plant, Mumbai
For Bidding for 50 Ltr Drum 19 7 15 32
For Bidding for 210 Ltr Barrel 17 2 40 9
TOTAL 36 9 55 41
If any bidder wants to bid for more than one item and to more than one BPCL Lube plant of this
tender, the total turnover should be the summation of the qualifying Turnovers for the respective
Item supplied to respective Lube plant bided for. For example, if a vendor wishes to quote for
Wadilube Plant as well as at Loni plant, for both items i.e 50 Ltr Drum and 210 Ltr Barrel, the
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qualifying turnover should be Rs. (32 Lacs + 9 Lacs + 19 Lacs + 17 Lacs) = Rs. 77 Lacs and so on. If a
vendor is willing to bid for all the Items at all the Lube plants, the total turnover should be the
summation of above i.e. Rs.141 Lacs.
AND
B. Net worth of the vendor should be positive as per the Audited Financial Statements of latest of the last available three consecutive accounting years. The Net worth is defined as SHARE CAPITAL PLUS RESERVE & SURPLUS.
Documents required: Audited Balance Sheets and Profit & Loss accounts of the vendor for the previous available three consecutive accounting years prior to the due date of bid submission (English language only).
4 SUPPLYING CAPACITY A. The vendor should have manufactured and supplied at least following quantities of HDPE
Drums/Barrels during any continuous 12 months period in the last THREE years from the due date
of bid submission.
Qualifying Quantity (in EA)
Plant Loni Plant, Ghaziabad
Budge Budge Plant,
Kolkata
Tondiarpet Plant, Chennai
Wadilube Plant,
Mumbai
For Bidding for 50 Ltr Drum 5250 1500 4500 9000 For Bidding for 210 Ltr Barrel 1500 150 3750 750
TOTAL 6750 1650 8250 9750
If any bidder wants to bid for more than one item and to more than one BPCL Lube plant of this
tender, the total Drums/Barrels manufactured and supplied should be the summation of the
qualifying qunatity for the respective Item supplied to respective Lube plant bided for. For example,
if a vendor wishes to quote for Wadilube Plant as well as at Loni plant, for both items i.e 50 Ltr Drum
and 210 Ltr Barrel, the qualifying quantity should be each (5250 + 1500 + 9000 + 750) = 16500
each and so on. If a vendor is willing to bid for all the Items at all the Lube plants, the total turnover
should be the summation of above i.e. 26400 each.
For the purpose of qualification of Supply Capacity Criteria, the total sum of quantity
processed and supplied (from all the plants/ units) put together shall be considered.
However the PAN number of all these units should be the same.
Documents required:
1. Vendor’s declaration/affidavit in their Organization/Company letter Head, listing the invoices [pertaining to any continuous 12 months period, during last THREE years] and confirming qualification of this criterion.
The certificate should clearly indicate the quantity supplied in EA, and attaching the List of Invoices in a
tabular form as given below, for Quantity processed and supplied during 12 months period:
Sr. No. Invoice Number Invoice Date Invoice Quantity Cumulative Quantity
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BPCL reserve the right to demand for these Invoices/ additional documents as and when required from the
bidders.
NOTES
All documents submitted with the bid have to be only self certified by the bidder.
CA/TPIA certification is NOT required at this stage.
BPCL, at its discretion reserves the right to verify information submitted and inspect
the manufacturer facilities to confirm their capabilities.
Post submission of bid, the bidder shall have to get the credentials submitted by him
(including visit to the vendors’ premises) verified by a BPCL empanelled TPIA (LRIS /
/ ICSPL / ICS / Bureau Veritas), as and when required by BPCL. The TPIA charges shall
be paid to such bidder(s) by BPCL, based on their quote provided in the price bid,
subject to no adverse remark by the TPIA that can materially impact the qualification
of the bidder for this tender. Further, in case any bidder is asked for verification of his
documents (including visit to manufacturing unit) pertaining to more than one
container and/or BPCL location and all such supplies are proposed from the same
manufacturing facility of the vendor then TPIA charges for only a single inspection
would be paid and not the aggregate amount.
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ANNEXURE - II
BHARAT PETROLEUM CORPORATION LIMITED
GENERAL PURCHASE CONDITIONS
The following conditions shall be applicable for all procurement unless specifically
mentioned in the Special Purchase Conditions.
INDEX
1. DEFINITIONS
2. REFERENCE FOR DOCUMENTATION
3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER
4. LANGUAGE OF BID
5. PRICE
6. TAXES AND DUTIES
7. INSPECTION
8. SHIPPING
9. INDIAN AGENT COMMISSION
10. ORDER AWARD / EVALUATION CRITERIA
11. CONFIRMATION OF ORDER
12. PAYMENT TERMS
13. GUARANTEE/WARRANTY
14. PERFORMANCE BANK GUARANTEE
15. PACKING & MARKING
16. DELIVERY
17. UNLOADING AND STACKING
18. TRANSIT INSURANCE
19. VALIDITY OF OFFER
20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE
21. RISK PURCHASE CLAUSE
22. FORCE MAJEURE CLAUSE
23. ARBITRATION CLAUSE
24. INTEGRITY PACT (IP)
25. RECOVERY OF SUMS DUE
26. CONFIDENTIALITY OF TECHNICAL INFORMATION
27. PATENTS & ROYALTIES
28. LIABILITY CLAUSE
29. COMPLIANCE OF REGULATIONS
30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT
31. NON-WAIVER
32. NEW & UNUSED MATERIAL
33. PURCHASE PREFERENCE CLAUSE
34. CANCELLATION
35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION
36. ASSIGNMENT
37. GOVERNING LAW
38. AMENDMENT
39. SPECIAL PURCHASE CONDITIONS
40 NOTICES
41. POLICY ON HOLIDAY LISTING
GENERAL PURCHASE CONDITIONS
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1. DEFINITIONS:
The following expressions used in these terms and conditions and in the purchase
order shall have the meaning indicated against each of these:
1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of
India enterprise), a Company incorporated in India having its registered office at Bharat
Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include
its successors and assigns (hereafter called BPCL as a short form).
1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this
Request for quotation (RFQ)/purchase order is issued and shall include its successors
and assigns.
1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection,
checking/testing of items ordered and for certifying the items conforming to the
purchase order specifications..
1.4. GOODS/ MATERIALS: means any of the articles, materials, machinery, equipments,
supplies, drawing, data and other property and all services including but not limited to
design, delivery, installation, inspection, testing and commissioning specified or
required to complete the order.
1.5. SITE/ LOCATION: means any Site where BHARAT PETROLEUM
CORPORATION LTD. desires to receive materials any where in India as mentioned in
RFQ.
1.6. “RATE CONTRACT” means the agreement for supply of goods/ materials between
Owner and Vendor, for a fixed period of time (i.e till validity of Rate Contract, with no
commitment of contractual quantity) on mutually agreed terms and conditions. The
actual supply of goods/ materials shall take place only on issue of separate purchase
orders for required quantity as and when required by Owner.
1.7. “FIRM PROCUREMENT” means the agreement between the parties for mutually
agreed terms and conditions with commitment of Quantity Ordered.
2. REFERENCE FOR DOCUMENTATION:
2.1. The number and date of Collective Request for Quotation (CRFQ) must appear on all
correspondence before finalization of Rate Contract / Purchase Order.
2.2. After finalization of Contract / Purchase Order: The number and date of Rate Contract
/Purchase Order must appear on all correspondence, drawings, invoices, dispatch
advices, (including shipping documents if applicable) packing list and on any
documents or papers connected with this order.
2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated
in the invoice and shipping documents as well as on the packages or consignments.
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3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:
The right to accept the tender will rest with the Owner.
4. LANGUAGE:
The Bid and all supporting documentation and all correspondence whatsoever
exchanged by Vendor and Owner, shall be in English language only.
5. PRICE:
Unless otherwise agreed to the terms of the RFQ, price shall be:
Firm and no escalation will be entertained on any ground, except on the ground of
statutory levies applicable on the tendered items.
6. TAXES AND DUTIES:
6.1. Goods and Services Tax (GST) : All Vendors shall have GST registration in the concerned State from where he intends to supply the goods. Vendor shall declare the source location of supply and shall provide their GSTN number in the quotation. Vendor shall provide HSN/SAC code of the goods/services and corresponding GST rate for the same. In case GST is not applicable to the vendor currently, as per turnover criteria, GST due to change in turnover is not payable. If applicable in future, the same will be borne by vendor. GST as applicable by the Vendor at the time of delivery within scheduled delivery period will be payable by BPCL. Vendor shall submit the TAX Invoice, for BPCL to claim the Input Tax Credit of the GST paid by the Vendor, wherever applicable. The Vendor shall take steps viz uploading invoice in GSTR 1, payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws for the time being in force, to enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER shall be deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR, as the case may be, till such default is either rectified or made good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the time-lines as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may be, which accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, interest as the case may be, shall be reimbursed
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by the VENDOR within 30 days. Any GST as may be applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the OWNER. 6.2. FREIGHT : Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be payable after receipt of the Material(s) at the site, unless otherwise specified. Vendor shall either submit separate tax invoice for freight or mention separate line item in the regular invoice clearly indicating GST charged on the freight. 6.3. NEW STATUTORY LEVIES : New tax, if any, introduced later, shall be on BPCL account from the due date of bid submission (or extended due date, if any) up to contract period. During contractual period, any variation in existing taxes, rates and cess shall be borne by BPCL. Any upward statutory variation in taxes, rates and cess (including any new tax) beyond contractual completion date shall be borne by the bidder. However, in case of downward variation, the same shall be passed on to BPCL. All new statutory levies leviable on sale of finished goods to owner, if applicable, are payable extra by BPCL against documentary proof, within the contractual delivery period. 6.4. Variation in Taxes/Duties Any increase/decrease in all the above mentioned statutory levies on the date of delivery during the scheduled delivery period on finished materials will be on BPCL's account. Any upward variation in statutory levies after contractual delivery date shall be to vendor’s account. 6.5. Income Tax (Withholding tax) In the case of availment of services from Non Resident Vendors who are claiming benefits offered under the Double Taxation Avoidance Agreements signed by India with the Government of the other country (i.e the country of the Vendor), such Non Resident Vendors are required to provide the Tax Residency Certificates at the time of submission of Bid documents. The Tax Residency Certificates shall contain the following details : Name of Vendor (assesse) ; Status (Individual, Company, firm etc.) of assesse; Nationality (in case of individual); Country or specified territory of incorporation or registration (in case of others); Assesses’ tax identification number in the country or specified territory of residence or in case no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory; Residential status for the purpose of tax; Period for which the certificate is applicable; and Address of the applicant for the period for which the certificate is applicable. The Tax Residency Certificate shall be duly verified by the Government of the Country or the specified territory of the assesse of which the assesse claims to be a resident for the purposes of tax.
7. INSPECTION:
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7.1. Materials shall be inspected by BPCL approved third party inspection agency if
applicable before dispatch of materials. However, arranging and providing inspection
facilities is entirely vendor’s responsibility and in no way shall affect the delivery
schedule.
7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies
are SGS/GLISPL/IRS/ DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES
LTD/ITSIPL as amended time to time unless otherwise specified in the Special
Purchase Conditions.
7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant
standards/ scope of inspection provided along with the Tender Enquiry/Purchase Order.
7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection.
In order to enable BPCL’s representative(s) to witness the tests/ inspections. BPCL will
advise the Vendor in advance whether it intends to have its representative(s) be present
at any of the inspections.
7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved
from its responsibilities to ensure that the Material(s), raw materials, components and
other inputs are supplied strictly to conform and comply with all the requirements of
the Contract at all stages, whether during manufacture and fabrication, or at the time of
Delivery as on arrival at site and after its erection or start up or consumption, and during
the defect liability period. The inspections and tests are merely intended to prima-facie
satisfy BPCL that the Material(s) and the parts and components comply with the
requirements of the Contract. The Vendor’s responsibility shall also not be anywise
reduced or discharged because BPCL or BPCL’s representative(s) or Inspector(s) shall
have examined, commented on the Vendor’s drawings or specifications or shall have
witnessed the tests or required any chemical or physical or other tests or shall have
stamped or approved or certified any Material(s).
7.6. Although material approved by the Inspector(s), if on testing and inspection after
receipt of the Material(s) at the location, any Material(s) are found not to be in strict
conformity with the contractual requirements or specifications, BPCL shall have the
right to reject the same and hold the Vendor liable for non-performance of the Contract.
8. SHIPPING:
8.1 SEA SHIPMENT:
All shipment of materials shall be made by first class direct vessels, through the
chartering wing, Ministry of Surface Transport as per procedure detailed hereunder.
The Foreign Supplier shall arrange with Vessels Owners or Forwarding Agents for
proper storage of the entire Cargo intended for the project in a specific manner so as to
facilitate and to avoid any over carriage at the port of discharge. All shipment shall be
under deck unless carriage on deck is unavoidable.
The bills of lading should be made out in favour of ̀ Bharat Petroleum Corporation
Ltd. or order'. All columns in the body of the Bill of Lading namely marks and nos.,
material description, weight particulars etc., should be uniform and accurate and such
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statements should be uniform in all the shipping documents. The freight particulars
should mention the basis of freight tonnage, heavy lift charges, if any, surcharge,
discount etc. clearly and separately. The net total freight payable shall be shown at the
bottom.
SHIPPING DOCUMENTS:
All documents viz. Bill of Lading, invoices, packing list, freight memos, country of
origin certificates, test certificate, drawings and catalogues should be in English
language.
In addition of the bill of lading which should be obtained in three stamped original plus
as many copies as required, invoices, packing list, freight memos,(if the freight
particulars are not shown in the bills of lading), country of origin certificate, test /
composition certificate, shall be made out against each shipment in as many number of
copies as shown below.
The bill of lading, invoice and packing list specifically shall show uniformly the mark
and numbers, contents case wise, country of origin, consignees name, port of
destination and all other particulars as indicated under clause 2. The invoice shall show
the unit rates and net total F.O.B. prices. Items packed separately should also be
invoiced and the value shown accordingly. Packing list must show apart from other
particulars actual contents in each case, net and gross weights and dimensions, and the
total number of packages. All documents should be duly signed by the Vendor's
authorised representatives.
In the case of FOB orders, Shipping arrangements shall be made by the Chartering
Wing of the Ministry of Surface Transport, New Delhi through their respective
forwarding agents. The names and addresses of forwarding agents shall be as per
Special Purchase Conditions. Supplier shall furnish to the respective agents the full
details of consignments such as outside dimension, weights (both gross and net) No of
packages, technical description and drawings, name of supplier, ports of loading, etc. 6
weeks’ notice shall be given by the supplier to enable the concerned agency to arrange
shipping space.
The bill of lading shall indicate the following:
Shipper: Government of India
Consignee: Bharat Petroleum Corporation Ltd.
In case of supplies from USA, Export Licences, if any required from the American
Authorities shall be obtained by the U.S. Suppliers. If need be assistance for obtaining
such export licences would be available from India Supply Mission at Washington.
8.2 AIR-SHIPMENT:
In case of Air shipment, the materials shall be shipped through freight consolidator
(approved by us). The airway bill shall be made out in favour of BHARAT
PETROLEUM CORPORATION LTD.
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TRANSMISSION OF SHIPPING DOCUMENTS:
Foreign Supplier shall obtain the shipping documents in seven complete sets including
three original stamped copies of the Bill of Lading as quickly as possible after the
shipment is made, and airmail as shown below so that they are received at least three
weeks before the Vessels arrival. Foreign Supplier shall be fully responsible or any
delay and / or demurrage in clearance of the consignment at the port due to delay in
transmittal of the shipping documents.
If in terms of letter or otherwise, the complete original set of documents are required to
be sent to BPCL through Bank the distribution indicated below will confine to copies
of documents only minus originals.
Documents BPCL (Mumbai)
Bill of Lading : 4 (including 1 original)
Invoice : 4
Packing List : 4
Freight Memo : 4
Country of Origin Certificate : 4
Third party inspection certificate : 4
Drawing : 4
Catalogue : 4
Invoice of Third Party for inspection charges whenever applicable : 4
9. INDIAN AGENT COMMISSION:
Any offer through Indian agents will be considered only after authorization
mentioning them as Indian agents, is received from Vendor. Indian agents
commission if applicable will be payable only in Indian currency. Indian agents should
be registered with Directorate General of Supplies and Disposals, Government of India
and agency commission will be payable only after registration with DGS&D, New
Delhi.
10. ORDER AWARD/ EVALUATION CRITERIA:
Unless otherwise specified, Order award criteria will be on lowest quote landed price
basis. Landed price will be summation of Basic Price, Packing & Forwarding Charges,
GST, Freight, Inspection, Supervision of Installation & Commissioning and other taxes
& levies, loading, unloading etc., if any, reduced by input tax credit as applicable.
11. CONFIRMATION OF ORDER:
The vendor shall acknowledge the receipt of the purchase order within 10 days of
mailing the same. The vendor shall sign, stamp the acknowledgement copy of the
purchase order and return the same to BPCL.
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12. PAYMENT TERMS:
12.1. Unless otherwise specified, 100% payment shall be made within 30 days from date of
receipt and acceptance of materials at Site against submission of Peformance Bank
Guarantee (PBG) for 10% of basic order value if PBG is applicable for the tender.
12.2. In the case of imports, payment will be made on submission of original documents
directly to Owner (Telegraphic Transfer-TT) or through Bank (Cash against
documentsCAD) or through irrevocable Letter of Credit.
12.3. Submission of Supporting Documents for payments
A. BPCL has setup a Business Process Excellence Centre (BPEC) for Vendor Invoice
processing. BPEC will function as a payments factory to receive, digitize and process
vendor invoices in a timely and accurate manner. In addition, the Centre will receive
and account for Bank Performance Bank Guarantees (PBGs) and Bank Guarantees
(BGs). Therefore, following documents need to be sent to BPEC for payments.
a) Original Commercial Invoices (In Tax Invoice Format)
b) Freight Bills
c) Third Party Inspector’s Certificate covering the invoiced Material(s)/Release Note,
PERFORMANCE BANK GUARANTEE (On Non-judicial paper for appropriate value)
To,
Bharat Petroleum Corporation Limited
---------------------------------
--------------------------------
Dear Sir,
In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’ which expression shall
include its successors and assigns) having awarded to M/s. (Name) ………. (Constitution)………….. (address)
……….(hereinafter referred to as “The vendor” which expression shall wherever the subject or context so permits include its
successors and assigns) a supply contract in terms interalia, of the Company’s Purchase order No…….. dated ………. and the
General and Special Purchase Conditions of the Company and upon the condition of vendor’s furnishing security for the
performance of the vendor’s obligations and/or discharge of the vendor’s liability under and / or in connection with the said
supply contract upto a sum of Rs.(in figures)…………..Rs(in words)…………………………only amounting to 10% (ten
percent) of the total contract value.
We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which expression shall include its successors
and assigns) hereby jointly and severally undertake and guarantee to pay to the Company in -----(Currency) forthwith on
demand in writing and without protest or demur of any and all moneys any wise payable by the Vendor to the Company under
in respect of or in connection with the said supply contract inclusive of all the Company’s losses and expenses and other
moneys anywise payable in respect to the above as specified in any notice of demand made by the Company to the Bank with
reference to this Guarantee upto an aggregate limit of Rs(in figures)…………Rs(in words)……………………….only.
AND the Bank hereby agrees with the Company that
i. This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable for all claims of
the Company and liabilities of the vendor arising upto and until midnight of …………………………………..
This date shall be 6 months from the last date of guarantee period.
ii. This Guarantee / Undertaking shall be in addition to any other guarantee or security of whatsoever that the Company
may now or at any time otherwise have in relation to the vendor’s obligation/liabilities under and /or connection
with the said supply contract, and the Company shall have full authority to take recourse to or reinforce this security
in preference to the other security(ies) at its sole discretion, and no failure on the part of the Company in enforcing
or requiring enforcement of any other security shall have the effect of releasing the Bank from its liability hereunder.
iii. The Company shall be at liability without reference to the Bank and without effecting the full liability of the Bank
hereunder to take any other security in respect of the vendor’s obligations and /or liabilities under or in connection
with the said supply contract and to vary the terms vis a vis the vendor of the said supply contract or to grant time
and / or indulgence to the vendor or to reduce or to increase or otherwise vary the prices of the total contract value
or to release or to forbear from enforcement all or any of the obligations of the vendor under the said supply contract
and / or the remedies of the Company under any other security(ies) now or hereafter held by the Company and no
such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or arrangement(s) with the vendor or
release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Company
hereunder or of prejudicing rights of the Company against the Bank.
iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up or dissolution or change of
constitution or insolvency of the vendor but shall in all respects and for all purposes be binding and operative until
payment of all moneys payable to the Company in terms hereof.
v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee/ Undertaking and the
obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any dispute or
disputes having been raised by the vendor (whether or not pending before any Arbitrator, officer, Tribunal or Court)
or any denial of liability by the vendor or any other order of communication whatsoever by the vendor stopping or
preventing or purporting to stop or prevent any payment by the Bank to the Company in terms hereof.
vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to be paid to the
Company by the vendor or as suffered or incurred by the Company on account of any losses or damages of costs,
charges and or expenses shall as between the Bank and the Company be conclusive of the amount so liable to be
paid to the Company or suffered or incurred by the Company, as the case may be and payable by the Guarantor to
Company in terms hereof.
Yours faithfully,
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(Signature)
NAME & DESIGNATION
NAME OF THE BANK
NOTES:
# # # # #
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ANNEXURE - III
SPECIAL PURCHASE CONDITIONS
A. MATERIAL TO BE SUPPLIED
(a) The successful bidder on whom Contract/ Purchase Order is placed shall duly supply 50 litre and/or 210 litre capacity HDPE containers to the Corporation as per the technical specifications as given in annexure VI and rate & delivery schedule specified in therein.
(b) Quantity depicted in each line item of the contract is only indicative and is in no way binding on the Corporation. This is basically a rate contract and quantities are not guaranteed. BPCL
reserves the right of placing the order for full or part quantity.
(c) BPCL also reserves the right to increase the contract quantity up to 20% of the original contract quantity either during the contract validity period or by extending contract validity period further up to six months and the successful bidder shall be
bound to accept such increase in contract quantity under the same terms and conditions. Any increase over and above the 120% of original contract quantity shall be done only after obtaining written confirmation from the successful bidder.
(d) BPCL also reserves the right to divert/ reallocate quantities amongst Container sizes and/or from one plant to another plant depending on the consumption
pattern within the overall allocation on the vendor.
B. SPECIFICATIONS/ IDENTIFICATION MARK: Vendor shall offer and supply the Tendered
Material as per specifications given in Annexure - VI. The container manufactured/ supplied by the vendor should have Month and Year of manufacturing. Vendor should maintain proper records for trace-ability to Batch Number and the Raw Material of the container supplied to BPCL. Vendor’s name should appear on each package as "supplied by M/s. ____" [Supplier Organization Name]. The package should have marking of batch
number, gross weight, tare weight, net weight etc.
All Containers should be Brand New and free from moisture, dirt etc. After loading in the trucks, Containers shall be transport-worthy for long distance transport and shall not cause leakage or damage to any part while handling / in transport. Containers not complying with above shall be rejected and any loss arising out of such damages shall be debited to the
supplier if such loss is due to failure of the Containers.
C. SCOPE FOR MODIFICATION IN THE TENDERED/ ORDERED MATERIAL:
(a) During the tenure of the contract, BPCL might propose to revise the Capacity and/or Colour of the Tendered Material and supplier shall conform to such Revised Specifications.
(b) In case of change in capacity, revision in the cost of Containers/ Caps if any, will be carried out in proportion to the extent of change in weight. The conversion cost per Container/ Cap if any, for such revised/ modified material, shall remain same/ firm as that of the contracted material, from which the new design/ modification has been derived. In case of color change, differential in the cost of Master Batch shall be added/ deducted to/ from the conversion cost. The Dosage of Master Batch
is 2% or as mentioned in the Technical Specification.
D. MOULDS: The moulds will NOT be provided by BPCL. The vendors will have to supply these Packs/ Containers manufactured with their own moulds and design approved by BPCL. Before commencement of production, supplier should get sample Container approved by
BPCL (please see details under “samples‟ at Annexure-VI).
E. SAMPLE (TECHNICAL EVALUATION):
(a) Vendors have to specify all the Technical Details of the Offered Material in the bid along with Deviations if any, from the Technical Specifications given in annexure VI. Bidders may use Other Document Upload Form for submitting drawing/ offered specifications.
(b) If BPCL so desires, vendor shall provide within 7 Days of the Bid Submission due date, 5 (five) numbers Free Samples of each of the item/s for which bid has been submitted, for further detailed technical scrutiny/machine compatibility test at BPCL plant. These
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samples should be manufactured as per the vendor’s design with his mould. Each Container offered should meet BPCL’s standard technical requirement in respect of filling capacity,
locking arrangements and pilfer proof/ tamper evident arrangements, drop test etc.
(c) The free samples shall be delivered at the same plant for which the material is offered/ for which bid has been submitted, at the addresses given in clause K (Place of Delivery) below.
F. LABELING/ STENCILING OF CONTAINERS:
(a) Labeling of 50 ltr HDPE Containers will be done in-house by BPCL.
(b) Stenciling on 210 Ltr HDPE containers shall have to be done by the vendor as per the details given in Annexure - VI.
G. SUPPLY AND PERFORMANCE BANK GUARANTEE: Vendor shall provide Performance
Bank Guarantee for an amount of Rs. 10 Lac or 10% of the Basic Order Value, whichever is lower, as per clause no. 14 of General Purchase Conditions (Annexure - II),
within 10 days of placement of Letter of Intent/ Contract. All other terms under this clause shall be as specified in GPC clause no. 14.
H. RAW MATERIAL: Vendor shall be responsible for procurement of all Raw Materials (RM) as per specifications wherever necessary for manufacture of the Containers to suit the delivery schedule committed to BPCL. Any delay in delivery schedule due to delay in procurement of
RM, will not be condoned. Only virgin HDPE of RM Grade, of Reliance or equivalent as given in Specifications Sheet, should be used. The RM details are indicated in “Technical Specifications” attached with tender. Vendor will have to furnish proof of purchase of Raw Material from RIL or equivalent as and when sought for by BPCL.
I. TEST CERTIFICATE: Each pack size in a consignment should be accompanied with a Test/ Inspection Certificate as per following format duly signed by quality personnel of the vendor:
Name of the Supplier:
Date of Dispatch: Period of Production: Material / Pack size / Product:
Standard Sample 1 Sample 2 Sample 3 Sample 4
1. Colour 2. Master Batch : 3. Opacity 4. Drop Test (1.2M x 3)
5. Minimum Wall Thickness:
a. Top b. Body c. Bottom
6. Temper Evident Features(only for 50ltrs):
a. TE ring pre-application b. Break on unscrewing 7. Induction Wads (only for 50ltrs):
a. Seating b. Printing on wads 8. Cap fitment 9. Foreign Material 10. Pack finish 11. Weight (Container only)
the form of Firm Requirement through e-mail/ Purchase Order, indicating schedule of requirement/ staggered dates for requirement of particular quantities of the material/s at a particular receiving location/s.
(b) Call-ups shall be issued considering the actual requirements, which may vary from month
to month depending upon the seasonal variations and is subject of 'Force Majeure'. Vendors shall be bound to accept call-offs up to 150% of the prorata quantity (prorata quantity = total contract quantity/18). In case BPCL requires additional supplies (over and above the said 150% prorata level) during any period , then it can place call-offs for such additional quantities after getting a written confirmation from the vendor.
However, for the supplies to Loni, 85% of the qty shall have to be supplied in the period November to March. (i.e. approx 1800 per month during this period)
(c) The supplier shall have to supply required quantity of Materials against call ups.
(d) The Materials are to be supplied to our Locations on F.O.R., Door Delivery Basis. Goods should be delivered, securely packed and in good order and condition, at the place of delivery. Transportation of the material shall be arranged by the vendor at his cost. Vendor shall also directly pay the applicable Service Tax (if any) on Transportation of goods/ materials to BPCL Locations, to the respective authorities (Government; Excise etc.). Delivery Charges will be firm for entire contract period.
K. PLACE OF DELIVERY: Material shall have to be door-delivered to one of the following
locations, as directed:
WADILUBE CHENNAI
Wadilube Installation,
Mallet Road, Wadibunder,
Mumbai – 400 009, Maharashtra
Tondiarpet Lube Plant,
35, VidyanathaMudali Street,
Tondiarpet, Chennai – 600 081 (Tamil Nadu)
LONI BUDGE-BUDGE
Loni Lube Plant, Village TilaShabajPur, Loni,
Dist. Ghaziabad-201 102 (Uttar Pradesh)
Budge-Budge Lube Plant
Dist. 24-Parganas,
Budge-Budge - 743 319 (West Bengal)
During the tenure of the contract, if there is any change in delivery location/s, other than mentioned above (for eg. New Installation/ Depot/ LOBP/ Re-Packer/ Filling Plant), then:
Where the difference in distance between the vendor premise & new delivery location and the distance between the vendor premise & respective location(s) as mentioned in the original contract is within 50 km, the freight charges as applicable for the respective location(s) shall be payable.
Where the distance between the vendor premise & new delivery location increases by 50
km or more than the distance between the vendor premise & respective location(s) as mentioned in the original contract, the transportation charges shall be increased on pro-rata basis from the quoted/negotiated rate for that respective location
Where the distance between the vendor premise & new delivery location reduces by 50 km or more than the distance between the vendor premise & respective location(s) as mentioned in the original contract, the transportation charges shall be reduced on pro-rata
basis from the quoted/negotiated rate for that respective location.
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L. MINIMUM STOCK LEVELS (MSL)
The Minimum Stock Levels (MSL) for 50-ltr & 210-ltr HDPE containers for all Lube plant ; except Budge Budge plant shall be maintained by the Vendor at his premises at no additional
cost to BPCL. It shall be the higher of:
15% of the average monthly call-up for last 3 months or
15% of the call-up of the current month (If final call-up is not available, then the advance call-up shall be used to determine the MSL)
In case of non availability of the MSL Stocks, a recovery of 5% of the Net price of the shortfall
in MSL quantity shall be made. While checking the MSL inventory available with the vendor, reasonable lead/grace time shall be allowed to the Vendor to replenish this stock in case of increase in MSL and / or depletion of this inventory due to spike in demand.
M. DELIVERY DATES AND PRICE REDUCTION SCHEDULE: Further to Clause No. 20 of
GPC –
(a) BPCL Location/ LOBP may require the material at short notice. Delivery Lead Time for supply of the material shall not be more than 3 (Three) days + Transit time (maximum @300 Km travel distance per day) from the date of issue of Call-off/ Purchase Order (PO).
(b) Suppliers shall be advised about the requirements/ delivery schedules or changes thereto, in advance. Time being the essence of this contract; supplier shall be required to adhere
strictly to the delivery schedule given by BPCL. Suppliers shall intimate dispatch schedule, one day in advance, to the Receiving Location/ LOBP.
(c) The contractual delivery period is inclusive of all the lead time for engineering/ procurement of raw material, the manufacturing, inspection/ testing, packing, transportation or any other activity whatsoever required to be accomplished for effecting the delivery at the required delivery point.
(d) No variation in the delivery schedule shall be permitted except with prior authorization in writing from BPCL. Even if revision in delivery schedule has been permitted by BPCL, PRICE
REDUCTION as per Clause No. 20 of GPC will be applicable in case of delayed delivery.
(e) Delayed Delivery will be accepted within MAXIMUM THREE (3) DAYS of lapse of the Delivery Date i.e. if X unit of material is scheduled for delivery completion at the BPCL receiving Location on 10th of a month, then the material will be accepted at the most by 14th of the same month & year. The PRICE REDUCTION CLAUSE as per Clause No. 20 of GPC
will be applicable to such transactions/ events.
(f) In the event of failure of the successful bidder/ vendor to supply the material within time (Scheduled Delivery Date plus 3 days as mentioned above), BPCL, at its sole discretion, shall have the option of invoking RISK PURCHASE Clause at the risk, cost and consequences of the vendor as per Clause No. 21 of GPC, for the non-delivered portion of the scheduled quantity and such quantity would be reduced from the PO/ Contract Quantity. Alternatively,
BPCL can also extend the delivery date. PRICE REDUCTION as per Clause No. 20 of GPC will be applicable to such transactions/ events. BPCL’s decision shall be final and binding in this case.
N. RISK PURCHASE CLAUSE: Further to Clause No. 21 of GPC –
(a) Material required under this contract is a Raw Material/ Consumable and is directly related
to BPCL’s PRODUCTION. Any delay in supply of the material will lead to Time-Loss, Production-Loss &/or Other Consequential Losses to BPCL.
(b) Supply of Defective, Damaged, Leaky or Off-Specification material or supply deviating from
Contract/ Purchase Order Terms & Conditions will be rejected and repeated rejections will entail cancellation of orders and Risk Purchase from alternative sources at risk and cost of vendor.
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O. PRICES VARIATION CLAUSE (PRICE ESCALATION/ DE-ESCALATION): Suppliers are
requested to offer their best raw material rate.
Price variation shall be based on the Basic Rate of 52GB001 (or 52GB003, as applicable) as on 01.02.2018 (Reference Date). Escalation/ de-escalation based on changes in basic rate of 52GB001 (or 52GB003, as applicable) prime grade [raw material] as declared by RIL (Domestic price for Dahej/Hazira grades for pricing zone Baroda) shall be applicable on the rate offered by the party during the tender. The conversion rate and all other charges other than statutory levies
shall remain FIRM for the entire contract period. For RM, the rates of statutory levies applicable would be the rates as applicable on the date on which escalation is due after the revision of statutory levies. Price escalation/de-escalation shall be determined every month, based on the weighted
average 52GB001/52GB003 prime grade prices prevailing in the month immediately preceding the one for which escalation is being calculated, as per the formula given below:
Basic raw material rate in particular month = Quoted raw material rate + (New
weighted average RIL raw material rate prevailing in the immediately preceding month– RIL rate as on reference date)
RIL raw material rate would be Domestic price for Dahej/Hazira grades for pricing zone Baroda.
The weight would be the number of days a particular rate was prevailing in the previous month. Price escalation/ de-escalation thus determined would be applicable for the entire month. Example: If raw material price is revised on 01st, 9th, 17th and so on of June month and all
these revisions are effective next day of the published day, then weighted average of all these prices (effective for number of days of the month) will be considered for giving escalation/ de-escalation in container price, effective from 1st day of July. These prices shall remain effective till 31st of July. It would be calculated as follows:
Weighted Average Rate of Raw Material for the month = [(1st RIL published rate of RM x 9 i.e.
number of days for which this rate is effective in the month) + (2nd RIL published rate of RM x
8) + (3rd RIL published rate of RM x number of days for which this rate is effective in the
month) + (so on)] / [30 i.e. total number of days in the month]
The Rate payable shall be as applicable on the PO/call-off date and payment for supplies shall be made accordingly. Date of delivery shall be irrelevant for the purpose of deciding the rate of containers. This shall also apply to cases where time extension for delivery has been granted by BPCL.
P. PAYMENT: Payment shall be made on the 30th day from the date of receipt and acceptance
of material at site. It shall be released by BPEC, Kharghar.
The shortages observed during receipt shall be on supplier’s account and the decision of BPCL in this respect shall be final and binding on the supplier. The acknowledgement of
receipt of quantity as determined by the receiving location shall be full and final and payment would be done accordingly.
Q. INSPECTION : (a) It shall be the responsibility of the supplier to ensure that all raw material, quality
inspections, equipment and production processes are streamlined to achieve the required quality. Testing facilities required for carrying out all the checks and inspections as
detailed in Quality Control Checks (Annexure VII) should be available in-house.
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(b) The supplier shall self-certify that goods supplied are as per specifications and send the document along with each consignment. The inspection shall be carried out as per the
relevant standards/scope of inspection/ QCC provided along with this Tender Document. Issue of this Test Certificate shall not prejudice BPCL’s right to carry out further checks and
decide whether the material supplied is meeting the specification.
(c) BPCL, at its own expense, shall be entitled to employ Inspector(s), (including Inspectors(s) of Third Party Inspection Agencies) of its selection at Supplier’s Factory or Other Premises where the said materials are manufactured. Such Inspector(s) shall have free access to all parts of factory or premises where the said materials are manufactured, to inspect and test the materials as well as their production process and QCC being done and records being maintained thereof. In order to enable BPCL’s representative(s) to witness the tests/
inspections/ processes/QCC at the vendor's works, all required facilities and records shall be provided by the vendor at his costs. Prior Inspection will not prejudice BPCL’s right to demand from the supplier's replacement of defective/ off-spec materials.
(d) BPCL shall have the right, whenever it appears from such inspection(s) or otherwise that supplier is not able to produce or may fail to produce the materials complying with our specifications, to direct such changes in manufacturing process as may be necessary to
ensure production of the said materials complying with our specifications/ requirements.
(e) Even if the inspection and tests are fully carried out, the vendor shall not be absolved from its responsibilities to ensure that the Material(s), raw materials, components and other inputs are supplied strictly to conform and comply with all the requirements of the Contract at all stages, whether during manufacture or at the time of Delivery as on arrival at site or consumption, and during the guarantee/warranty period. The inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and the parts and
components comply with the requirements of the Contract. The vendor’s responsibility shall also not be anywise reduced or discharged because BPCL or BPCL’s representative(s) or Inspector(s) shall have examined, commented on the vendor’s drawings or specifications or production processes or shall have witnessed the tests or required any chemical or physical or other tests or shall have stamped or approved or certified any Material(s).
R. GUARANTEE/WARRANTY: The Containers shall have Shelf Life (including strength, colour
etc.) for a minimum period of 6 MONTHS from the date of acceptance by BPCL. In case BPCL suffer loss due to failure of the containers before the expiry of the above period, BPCL shall be entitled to claim from supplier not only value of such containers but also the value
of the lost Lube Oils/ BPCL product if any. BPCL shall not be bound to return such defective containers to Supplier.
All other terms under this clause shall be as specified in GPC clause no. 13.
S. QUALITY CONTROL AND PENALTY SCHEDULE:
(a) Vendor shall be required to strictly adhere to the quality control/inspection procedures stipulated by the Corporation from time to time as well as applicable BIS & other standards.
(b) Manufacturer should employ manpower required at each stage of inspection such that they
at least have minimum specified skills/qualifications.
(c) BPCL can test the material at the time of receipt, during filling operations and/or during storage (within or outside BPCL premises) for their adherence to the quality standards. BPCL also reserves the right to send the samples to reputed labs for detailed analysis.
(d) Material found to be defective, damaged, leaky or off-Specification shall be rejected. Data of such rejected containers shall be shared with the vendor on monthly basis. However, any
major deviation shall be intimated within 3 working days, so that any process changes can
be done at Vendor’s premises for improving the quality. In such cases, without prejudice to the other provisions of the Contract, BPCL reserves the right to impose penal action as per the following schedule:
S. No Type of failure Penal Action
1 In case of any lot failure on a/c of improper
Finishing / Colour of the Containers Entire lot shall be punctured & rejected
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2 In case of any failure on a/c of poor quality
of packing / mishandling/damage in transit 110% of Gross Price of defective Containers
3 Appearance of flash in containers and/or
caps
125% of Gross Price of defective Containers/
Caps
4 Characteristics / Composition of raw
material(s) different from approved 10% of the Gross Price of the Containers
supplied in last 30 days
5 Improper Printing / Stenciling / Labeling on
Containers
110% of Gross Price of Defective Container
6 Containers receipt without dust cap placed
on them (whether not provided and/or
fallen off during transit)
Rs 50/per container for all such Containers
received without dust caps
(e) In case of rejection of an entire lot, vendor would be invited for a joint testing. If it is still
found to be off-spec, the entire quantity shall be rejected and the vendor shall be responsible for replacement of the rejected material free of cost and/or reimbursing BPCL for resultant loss on that account. Any lot rejected shall be returned after puncturing all the containers
supplied in that lot. The manpower & associated cost incurred for lot rejection shall also be
recovered from the supplier.
(f) Vendor shall be obliged to uplift the rejected material from BPCL’s premises at his own cost (within Fifteen Days of such notification to vendor in writing) failing which BPCL will be free to dispose-off such material as it deems fit without any obligation whatsoever to the vendor. The additional cost of such disposal, if any, shall be debited to defaulting suppliers account.
(g) Supply deviating from Contract/ Purchase Order Terms & Conditions shall also be rejected.
T. SUSPENSION OF PRODUCTION AND SUPPLIES:
(a) Without prejudice to the other provisions of the Contract, BPCL reserves the right to order suspension of production and supplies of the material by the vendor in case of repeated
quality and supply failures reported by officers/ representatives of BPCL, and/or scoring less than 80 marks in the audit conducted by BPCL or its representative as per the Technical Audit Checklist attached as Annexure IX and/or non-conformity to the laid down process, and/or if any lapse is reported by any statutory authority, and/or quality
complaint from any source, and/or malpractice detected by any authority etc. at any time during the currency of the Agreement.
(b) Such suspension orders will be intimated to the vendor in writing by email and/or fax and/or
Registered Post, by the Corporation. On receipt of suspension order, vendor shall carry out detailed root-cause analysis of failure of the material/quality problem.
(c) Corrective and preventive actions to be taken for avoiding recurrence of a particular type of failure should be identified and implemented by the vendor. Vendor shall submit an action-taken report to BPCL. BPCL shall revoke the suspension based on the adequacy of this action-taken report.
(d) The vendor will be required to complete all actions necessary to obtain clearance from
Corporation for resumption of production and supplies at the earliest but not later than 30 days from the date of suspension.
(e) If request for the clearance from Corporation is not applied for within the said period of 30 days, the Corporation shall have the rights solely at its discretion to cancel the remaining order quantity and forfeit the performance bank guarantee amount without prejudice to any
other right as may be available to the Corporation both under law and the contract terms
contained in this agreement for the recovery of the damages.
(f) Despite the order of suspension, if the vendor produces and/or dispatches any containers, the Corporation shall be entitled to refuse taking delivery of such consignments and the vendor shall not be entitled to claim any damage or compensation for any loss that may occur to him, from BPCL on account of refusal to accept such consignment. In such cases BPCL shall take necessary action which may be deemed fit against the vendor.
(g) Whenever the vendor is under suspension, the call-off/ allocation for the suspended party
may be pruned to the extent of undelivered quantity against that call off/allocation at the
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sole discretion of BPCL. Extra cost, if any, borne by BPCL while procuring (from other suppliers) and/or placing such shortfall quantity to the short-supplied plant, as outlined
above, shall be recovered from the defaulting vendor as per clause 21of GPC.
(h) If the vendor is under suspension at the start of a month/time of placing call-off or PO and
the suspension is not revoked till 5th of the month, then the notional allocation based on the requirement of the plant/plants as the case may be to a maximum of 150% of the proportionate monthly order quantity of the vendor shall be calculated, pruned and reallocated at the sole discretion of BPCL. Extra cost, if any, borne by BPCL while procuring (from other suppliers) and/or placing such pruned quantity, as outlined above, to the designated plant shall be recovered from the defaulting vendor as per clause 21of GPC.
U. TRANSIT INSURANCE of the material shall be arranged by the vendor at his cost.
V. UNLOADING AND STACKING of the supplied goods/materials at BPCL Locations shall be arranged by BPCL.
W. VALIDITY OF THE OFFER: The offer should remain valid for BPCL’s acceptance for 90
days from the due date.
X. POWER BACK-UP: Vendor should have adequate Power Back-up for un-interrupted
manufacturing/ supplies of the Containers in case of power failures. BPCL shall not consider Power-Cut as a reason for non supplies.
Y. TRUCK LOAD SIZE: Maximum truck size acceptable at each plant is given below:
Loni Plant : 32’ long Container Budge-Budge Plant : 32’ long Container Tondiarpet Plant : 32’ long Container Wadilube Plant : 32’ long Container
Z. PERIOD OF THE RATE-CONTRACT: The RATE CONTRACT (RC) shall be valid for Twenty Four (24) months from the date of RC/ LOI.
BPCL reserves the right to extend validity of the contract by another six months under the same terms and conditions.
AA. HOLIDAY LISTING:
(a) The following expressions used in this clause shall have the meaning indicated against each of these, unless the context otherwise requires:
Agency: “Party/Contractor/Supplier/Vendor/Consultant/Bidder/Licensor” in the context of these guidelines is indicated as ‘Agency’; “Party/Contractor/
Supplier/ Vendor/ Consultant/bidders/Licensor” shall mean and include a public limited company or a private limited company, a joint venture, Consortium, HUF, a firm whether registered or not, an individual, co-operative society or an association or a group of persons engaged in any commerce, trade, industry etc.
Appellate Authority: “Appellate Authority” shall mean the concerned functional
Director of BPCL or any other authority nominated by the C & MD. The Appellate authority shall be higher than the “Competent Authority”.
Competent Authority: “Competent Authority” shall mean the authority, who is
competent to take final decision for Banning of business dealings with Agencies, in accordance with these guidelines:
The Competent Authority for a Procurement Department which is initiating the
Holiday Listing process should be the Regional head (or) SBU / Entity head as the case may be relevant to the said Procurement Department, but not below the level of General Manager
Corporation: “Corporation” means Bharat Petroleum Corporation Ltd. with its Registered Office at Bharat Bhavan-I, 4&6 Currimbhoy Road, Ballard Estate,
Mumbai-400001.
Corrupt Practice: “Corrupt Practice” means the offering, giving, receiving or
soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution. Corrupt Practice” also
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includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation
avoided.
Fraudulent Practice: “Fraudulent Practice” means and include any act or omission
committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or
concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order;
Collusive Practice : “Collusive Practice” amongst bidders (prior to or after bid
submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.
Coercive Practice: “Coercive practice” means impairing or harming or threatening
to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.
Officer-in-Charge: “Officer –in-Charge (OIC)” or “Engineer-in-Charge (EIC)” shall
mean the person (s) designated to act for and on behalf of BPCL for the execution
of the work as per requirement of the concerned department.
Malpractice : Malpractice means any Corrupt Practice, Fraudulent Practice, Collusive Practice or Coercive practice as defined herein;
Misconduct : “Misconduct” means any act or omission by the Agency, making it
liable for action for Holiday Listing as per these guidelines
Nodal Department: “Nodal Department” means the Department primarily
assigned with the role of overseeing the Holiday Listing Process to ensure adherence to guidelines, maintaining, updating and publishing the list of Agencies
with whom BPCL has decided to ban business dealings and shall be the Corporate Finance Department.
Vendor De-listment Committee: “Vendor De-listment Committee” relevant to the
procurement department which initiates the holiday listing process would the same as the vendor enlistment Committee as per DR&A of the concerned SBU/Entity.
(b) An Agency may be placed in Holiday List for any one or more of the following
circumstances for the period mentioned herein:
i. In the context of its dealings with the Corporation:
S. No Reasons for holiday listing Period of holiday listing
1 Indulged in malpractices resulting in financial loss to the Corporation 15years
2 Submitted fake, false or forged documents / certificates 3years
3 Has substituted materials in lieu of materials supplied by BPCL or has
not returned or has unauthorized disposed off
materials/documents/drawings/tools or plants or equipment supplied
by BPCL
15years
4 Has deliberately violated and circumvented the provisions of labour
laws/regulations/rules, safety norms, environmental norms or other
statutory requirements
3years
5 Has deliberately indulged in construction and erection of defective
works or supply of defective materials
3years
6 has not cleared BPCLs previous dues if applicable 1year
7 Has committed breach of contract or has abandoned the contract 3years
8 Poor performance of the Agency in one or several contracts 1year
9 Has not honored the fax of award/letter of award/ Contract/ Purchase
order after the same is issued by BPCL 1year
10 Withdraws/revises the bid upwards after becoming the L1 bidder 1year
11 Has parted with, leaked or provided confidential/ proprietary 15years
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information of BPCL to any third party without the prior consent of
BPCL
ii. Following additional grounds can also be reasons for Holiday Listing of an agency:
S. No Reasons for holiday listing Period of holiday listing
1 If the Agency is or has become bankrupt , OR is being dissolved OR
has resolved to be wound up OR if proceedings for winding up or
dissolution has been instituted against the Agency
3years
2 Any other ground, including transgression of Integrity Pact, which, in
the opinion of the Corporation, makes it undesirable to deal with the
Agency; In the case of transgression of Integrity Pact, the same
should be substantiated by the verdict of the Independent External
Monitor
3years
iii. In cases where Holiday Listing is proposed based on advice from the Administrative
Ministry, no show cause or formal decision by competent authority will be required. The Nodal Department will directly intimate the Agency that they have been placed
in Holiday Listing by BPCL based on the Ministry’s advice
(c) Provision for Appeal • An agency aggrieved with the decision of the Competent Authority shall have the
option of filing an appeal against the decision of the Competent Authority within a maximum of 15 days from the date of receipt of intimation of holiday listing.
• Any appeal filed after expiry of the above period shall not be considered by the Appellate Authority;
• On receipt of the Appeal from the Agency, the Appellate Authority, if it so desires, may call for comments from the Competent Authority;
• After receipt of the comments from the Competent Authority, the Appellate Authority, if it so desires, may also give an opportunity for personal hearing, to the Appellant Agency;
• After examining the facts of the case and documents available on record and
considering the submissions of the Appellant Agency, the Appellate Authority may pass appropriate order by which the Appellate Authority may either :
i. Uphold the decision of Competent authority with or without any variation/lesser period of Holiday Listing; OR
ii. Annul the order of the Competent Authority. • No Appeal is permitted in case an Agency is placed in Holiday List by BPCL, based on
Ministry’s advice.
(d) Effect of Holiday Listing • No enquiry/bid/tender shall be entertained with an Agency as long as the ‘Agency’
name appears in the Holiday list. • If an ‘Agency’ is put on the Holiday list during tendering:
i. If an‘ Agency’ is put on Holiday List after issue of the enquiry/bid/tender but before opening of the un-priced bid, the un-priced bid of the ‘Agency’ shall not be opened and BG/EMD, if submitted by the ‘Agency’ shall be returned. If an
‘Agency’ is put on Holiday List after un-priced bid opening but before price bid opening, the price bid of the ‘Agency’ shall not be opened and BG/EMD submitted by the ‘Agency’ shall be returned .
ii. If an ‘Agency’ is put on Holiday List after opening of price bid but before
finalization of the tender, the offer of the ‘Agency’ shall be ignored and will not be further evaluated and the BG/EMD if any submitted by the ‘Agency’ shall be
returned, The ‘Agency’ will not be considered for issue of order even if the ‘Agency’ is the lowest(L1). In such situation next lowest shall be considered as L1;
iii. If contract with the ‘Agency’ concerned is in operation, (including cases where contract has already been awarded before decision of holiday listing) normally order for Holiday Listing from business dealings cannot affect the contract, because contract is a legal document and unless the same is terminated in terms
of the contract, unilateral termination will amount to breach and will have civil
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consequences.
(e) Revocation of suspension order “A Holiday Listing order may, on a review during its currency of operation, be revoked by
the competent authority if it is of the opinion that the disability already suffered is adequate in the circumstances of the case, and the Agency has taken appropriate action to avoid recurrence. “
The entire guidelines and procedures for Holiday Listing are available in BPCL website and they can be accessed @ http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf.
BB. ASSIGNMENT/SUB-CONTRACTING
The vendor shall not sub-contract, sub-lease, sub-let or assign whole or any part of the contract to any person/firm/company without prior written consent from the Corporation.
CC. ORDER AWARD/ QUANTITY ALLOCATION:
(a) Price bid evaluation shall be done container/pack-wise and at the level of individual plants. It would be based on the net landed cost of the material. Net Landed Cost will be worked out by summation of RM Cost, Conversion cost (inclusive of stenciling applicable for 210L Barrel), Freight, and GST; if any and considering ITC as applicable on the date of tender opening.
(b) Container/pack-wise, plant-wise ranking of bidders shall be based on net landed cost
calculated as per the original quotation. Entire order distribution shall be done on lowest-quote subject to the applicability of Purchase Preference Clause (refer clause # 33 of GPC).
DD. LOYALTY BY THE VENDOR: The vendors will not supply/ divulge BPCL’s package/
specification etc; to any other party. Any vendor found indulging in such activities; appropriate penal action will be initiated by BPCL.
EE. GENERAL: (a) Vendor should have good HSSE (Health, safety, security and Environment) policy.
(b) Vendors should have smooth process flow for manufacturing. It will be the responsibility of
the supplier to procure the raw materials required to meet our demand. Supplier must ensure that adequate stock of raw materials is available to meet our requirement as per call up placed by the plants.
(c) Vendors shall have adequate storage space to store Raw Material for 15 days and finished
goods as per MSL.
(d) The vendor shall not claim at any time his industry as captive industry or captive plant. Vendor's workmen and other employees shall have no right whatsoever to claim any compensation of any nature from BPCL.
(e) The vendor shall at his own cost and initiative comply with all Labour Laws/ Regulations in force from time to time and shall indemnify BPCL from Claims/ Compensation arising out of labour employed by him in his factory.
Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",
And
M/s.………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"
Preamble The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency international" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.
Section 1 - Commitments of the Principal (1)The Principal commits itself to take all measures necessary to prevent Corruption and to observe the
following principles: (a) No employee of the Principal, personally or through family members, will in connection with the
tender, or the execution of the contract, demand, take a promise for or accept, for himself/herselfor third person, any material or immaterial benefit which he/she is not legally entitled to.
(b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal
will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.
(c) The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under
the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder / Contractor/Supplier
(1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.
(a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise
or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.
(b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
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(c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws
of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.
(d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has
made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.
(2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be
an accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award, has committed a transgression through a Violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to
put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration of the available
evidences, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and
impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.
(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
Section 4 - Compensation for Damages
(1) a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.
b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal
will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate
the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.
(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage
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or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.
Section 5 - Previous Transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.
Section 6 - Equal treatment of all Bidders / Contractors / Suppliers / Subcontractors
(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.
Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers / Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.
Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.
(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related
to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.
(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks
from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.
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(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.
(8) The word 'Monitor' would include both singular and plural.
Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.
Section 10 - Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have
not been made.
(3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ----------------------- ---------------------------------------------- For the Principal For the Bidder/Contractor/ Supplier Place ……………… Witness 1: ---------------------------------- (Signature/Name/Address) Date ………………. Witness 2: ----------------------------------
(Signature/Name/Address)
# # # # #
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ANNEXURE – V
Instructions to bidders
GENERAL INSTRUCTIONS TO VENDORS 1. Interested parties may download the tender from BPCL website
(http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in) or from the e-
tendering website (https://bpcleproc.in) and participate in the tender as per the instructions given therein, on or before the due date of the tender. The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcleproc.in.
2. Corrigendum/ Amendment, if any, shall be notified on the site https://bpcleproc.in. In
case any Corrigendum/ Amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the Corrigendum/ Amendment by a system-generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes in their bid before the due date and time.
3. To maintain secrecy and security of bids and the data exchanged, the system operates with the
“Digitally signed Certificate” from buyer as well as seller. Data exchanged in the system shall have double encryption which is enabled by a “Digitally signed Certificate”. This ensures maximum possible security and the bids can be viewed only after the tender opening by BPCL / Service provider / participating vendors.
4. As a pre-requisite for participation in the tender, vendors are required to obtain a valid Digital
Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian
IT Act from the Licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the vendor.
5. In case any vendor so desires, he may contact our e-procurement service provider M/s. E-
6. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:
(i) Tenderers are advised to log on to the website (https://bpcleproc.in) and arrange to
register themselves.
(ii) Tenderers are advised in their own interest to ensure that their bids are submitted in e-
Procurement system well before the closing date and time of bid. If the tenderer intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.
(iii) Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.
(iv) No manual bids/offers along with electronic bids/offers shall be permitted.
7. The entire tender document along with Annexure, Bid Qualification Criteria (if any), Technical, Techno-commercial and other Details, Price Bid and declaration forms as well as all the uploaded documents shall form the part of the tender. Offers should strictly be in accordance with the tender terms & conditions and our specifications. Tenderers are requested to carefully study all the documents/ annexure and understand the conditions, specifications etc, before submitting the tender and quoting rates. In case of doubt, written clarifications should be obtained, but this shall not be a justification for request for extension of due date for submission of bids.
a) The bidder shall submit an interest-free Earnest Money Deposit of Rs. 2.5 lakh (Rupees two lakh fifty thousand only) by crossed account payee Demand Draft drawn on any
nationalised/ scheduled bank in favour of “BHARAT PETROLEUM CORPORATION LTD” payable at Mumbai.
OR
EMD in form of Bank guarantee shall be acceptable for this tender. Bank Guarantee (BG) issued by any Scheduled Bank approved by Reserve Bank of India (RBI) as per proforma published herewith is acceptable. The BG shall be valid for a period of six months from the due date of opening of the tender.
b) EMD should be submitted in physical form in a sealed cover addressed to Procurement
Leader (CPO) - Group IV, boldly super-scribed on the outer cover –
CRFQ number Item Closing date/Time Name of the tenderer
It should be dropped in the tender box or sent by Registered Post/Courier to the following address so as to reach on or before the due date & time of the tender:
Bharat Petroleum Corporation Ltd., Central Procurement Organization (Marketing), ‘A’ Installation, Sewree Fort Road, Sewree, Mumbai-400015
BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc.
c) Cheques, cash, Money Orders, Fixed deposit Receipts, Bank guarantees etc. towards EMD are not acceptable. Similarly, request for adjustment against any previously deposited EMD/Pending Dues/Bills/Security Deposits of other contracts etc. will not be accepted towards EMD.
d) Bid received without the EMD is liable to be rejected.
e) Units registered with National Small Industries Corporation (NSIC) and/or Micro or Small
Enterprises (MSE) are exempted from payment of EMD, subject to :
The unit being registered for the item tendered Registration certificate being valid as on date of quotation
Such bidders must upload a photocopy of valid NSIC Registration Certificate/ Review certificate duly attested by a gazetted officer/notorised, (photocopy of application for registration as NSIC or for renewal will not be acceptable) and/or a valid MSE registration with any notified body specified by Ministry of Micro, Small and Medium Enterprises, failing which such bid will be treated as bid received without EMD and liable to be rejected.
f) Registration with DGS&D will not entitle the tenderer to claim exemption from payment of EMD.
g) EMD is liable to be forfeited (in addition to “Holiday Listing” as applicable in line with clause AA of SPC) in the event of:
i. Withdrawal of offers during the validity period of the offer.
ii. Non-acceptance of LOI/order, if and when placed.
iii. Any unilateral revision in the offer made by the tenderer during the validity of the offer.
iv. Nonpayment of Performance Bank Guarantee amount within the stipulated period
h) EMD shall be refunded to all the successful bidders after they deposit the Performance Bank Guarantee against LOI/Purchase Orders, as placed.
i) EMD shall be refunded to all the unsuccessful bidders after finalization of order on all successful bidders.
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9. Bidders are required to complete the following process online on or before the due date of closing of the tender:
A. Techno-Commercial bid
a. Accept the contents of the following annexures barring deviations notified in the forms
provided for this purpose:
(i) General Purchase Conditions - Annexure II (ii) Special Purchase Conditions - Annexure III (iii) Technical Specifications - Annexure VI
(iv) Quality Control Checks - Annexure VII
b. Accept the contents of the following annexures in toto by clicking on the button provided on the screen below each one of them:
(i) Bid Qualification Criterion - Annexure I
(ii) Instructions to bidders - Annexure V
c. Proforma of Integrity Pact (IP) has been uploaded as Annexure III of tender documents duly signed on all its pages by BPCL “FOR THE PRINCIPAL”. Bidder shall be required to download and print it such that it is legible. All pages of the printed copy of IP should be
duly signed by the authorized signatory and stamped all the pages, with two witnesses name, address & signature and place & date. Thereafter, that copy should be scanned and uploaded by bidder along with other bid documents. This document is essential and binding.
d. Technical Audit Checklist has been uploaded as Annexure IX of tender documents.
Bidder shall be required to download it and carry out a self-audit of his facilities (including giving scores). Thereafter, that copy should be scanned and uploaded by bidder along with other bid documents.
e. Specify all the Technical Details of the Offered Material. Bidders may use Other Document
Upload Form for submitting drawing/ offered specifications
f. Upload the following BQC documents:
(i) PAN Card copy
(ii) Valid GST Registration (valid as on due date of the tender)
(iii) GST Invoice (printed with GST registration number) of date within last Three (3) Months prior to bid submission due date.
(iv) Vendor’s declaration/affidavit in their Organization/Company letter Head confirming qualification of this criteria.
(v) Audited Balance Sheets and Profit & Loss accounts of the vendor for the previous available three consecutive accounting years prior to the due date of bid submission (English language only).
(vi) Vendor’s declaration/affidavit in their Organization/Company letter Head, listing the invoices [pertaining to any continuous 12 months period, during last THREE years] and confirming qualification of Supply capacity criterion
(vii) Upload all the other documents as listed below :
A. Self-certified copy of MSE Registration Document (all the pages of the EM-II
Certificate [Part – II Memorandum]) issued by appropriate authority, if applicable
B. Self-declaration/affidavit in their Organization/Company letter Head stating that they
shall offer and supply the entire tender/ award quantity from the plant (situated at -- Plant Address --) having MSE Certification, if applicable.
All the supporting documents should be legible and duly signed, stamped and attested by the authorized signatory, before uploading them online.
g. Fill in the Credential and Technical Bid Form and Declaration Form online. h. Submit the EMD [if applicable] in physical form or upload a copy of NSIC/MSE Registration
Document (all the pages of the EM-II Certificate [Part – II Memorandum]) issued by
appropriate authority, as proof of exemption thereof
B. Price bid : The Price Bid shall be filled online as per format provided at Annexure X. For filling on-line (Annexure – X), as detailed below:
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(i) Unit Of Measurement (UoM): The UoM is EACH i.e. One HDPE Container. However the Quantities indicated in the Price Bid are in multiple of thousand containers (i.e. Qty x 1000 HDPE container). Hence, Bidders also have to quote Quantities and Prices for multiple of thousand containers.
(ii) Weight of UoM with Lid/Cap : Fill the weight of each HDPE container in gm.
(iii) Net Landed Rate of RM (HDPE): Fill the best available Net Rate per kg of RM.
(iv) Conversion Cost /Value Addition: Please quote for Conversion Charges /Value Addition, which may include the costs of Mater Batch and Other Allied Costs (like stenciling cost for 210 L HDPE Barrel) etc; in Rs. Per 1000 container.
(v) Basic Rate: RM Net Cost together with Value Addition Cost becomes Basic Rate in Rs. Per 1000 containers.
(vi) Freight Charges: Please offer FIRM Freight Rate including unloading & stacking at receiving location, in Rs. Per 1000 containers.
(vii) TPIA Charges : Please quote FIRM TPIA charges in Lumpsum, which may incur for verification of documents (including visit to manufacturing unit) post submission & opening of the bid, as and when required by BPCL. The TPIA charges shall be paid to ONLY those bidder(s) who will be asked to submit the TPIA certificate.
(viii) Taxes & Duties: Put the currently applicable Rates of Taxes & Duties.
The summation of Raw Material Cost, Value addition Cost will become the Basic Rate in Rs. Per 1000 Containers. The PRICES will be VARIABLE depending upon variation in cost of Raw Material.
10. If the vendor intends to change/ revise the bid already submitted, they shall have to withdraw
their bid already submitted, change/ revise the bid and submit once again. However, if the
vendor is not able to complete the submission of the changed/ revised bid within due date & time, the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out of contention. The process of change/ revise may do so any number of times till the due date and time of submission deadline. However, no
bid can be modified after the deadline for submission of bids. Once the entire process of online bid submission is complete, bidders will get an auto mail from the system stating they have
successfully submitted their bid in the following tender with tender details.
11. No responsibility will be taken by BPCL &/or the e-procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause. Vendors are advised to start filling up the tenders much before the due date/ time so that sufficient time is available with him/ her to get acquaint with all the steps and seek help if they so require. It should be
noted that the bids become viewable only after opening of the bids on/ after the due date/ time. Please be reassured that your bid will be viewable only to you and nobody else (including E-Tendering Service Provider as well as BPCL Officials) till the tender is opened. BPCL and/or the E-Procurement Service Provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc. No claims on this account shall be entertained.
12. ACCEPTANCE OF BIDS BY THE CORPORATION:
For qualifying in the techno-commercial bid,
a. BPCL should have received the EMD submitted by the bidder or proof of exemption therefrom
b. Bidder should not have been debarred or holiday by BPCL and/or Oil PSE and/or MOP&NG for a period that is not over as on the due date of this tender
c. Bidder should have completed the entire bidding process, uploaded the Integrity pact duly signed & witnessed and the deviations mentioned by him should be acceptable to the corporation
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d. Bidder should meet the entire bid qualification criteria
Price bid shall be evaluated as per the order award / evaluation criteria given in clause CC of SPC.
13. BPCL reserves the right to accept any offer in whole or part or reject any or all offers without
assigning any reason. We are also not bound to accept the lowest Bid. Corporation reserves the right to reject any offer which in the opinion of the Corporation is below the normal cost of Containers based on the current cost of inputs.
14. No counter terms and conditions shall be acceptable to us.
15. It shall be understood that every endeavor has been made to avoid error which can materially affect the basis of Tender and the successful Vendor 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 Vendor of any
clerical error or mistake may occur in the general specification, schedules and plans.
16. If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, Bharat Petroleum Corporation Ltd reserves the right to reject the tender/
terminate the contract and reserves all rights and remedies available.
17. Vendors are advised not to enclose unwanted and unasked documents with the tender. Any such documents if received shall not be considered.
18. Your tender may not be considered, if we are unable to evaluate your offer for want of any
Information.
# # # # #
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ANNEXURE – VII
TECHNICAL SPECIFICATIONS BPCL have built their reputation on quality and reliability and in turn insist on the highest level of quality from their Suppliers. All containers should be brand new with adequate internal cleanliness
(free from water, dirt, oil, rust, chemicals etc.) to permit filling of containers with high grade lubricating oils without any further cleaning. Containers after filling shall be transport-worthy for long distance transport and shall not leak or get damaged while handling / transportation.
The specifications given below do not form an exhaustive list. Vendor shall be required to follow all other specifications given in the relevant IS standards and BPCL drawings along with instructions issued by BPCL from time to time even if they have not been spelt out here. All Indian Standards
referred to below imply their latest version along with amendments made from time to time.
BPCL reserves the right to alter/ modify the capacity and add/ change the colour/make of the Master-Batch for any pack as and when required during the contract validity period and Vendor shall conform to such revised specification/ design.
A. 50 LTR CONTAINERS 1. The 50 Ltr containers shall be of Closed Top as approved by the Bharat Petroleum
Corporation Limited. Picture of a typical Container along with its essential features is as given below:
ESSENTIAL FEATURES : a. Design: Round with closed
top, stackable, with pockets in the top and bottom for adequate strength.
b. 2 ribs on body to facilitate rolling
c. Dispensing Mechanism :
Through side Mouth on top
d. Leak Proof : Inner Lid with rubber gasket
e. Non jerry-can type
f. Handle: One co-extruded handle on top and two side duct handle for easy
handling.
g. Approximate dimensions:
i. Height: 570 mm
ii. Diameter: 395 mm
2. HDPE / RAW MATERIALS: All items shall be made out of Prime Grade Virgin HDPE Granules recommended for blow molding jobs manufactured by RIL under grade name
52GB003 for 50 Ltr Containers Sizes. Vendors can also consider alternate source of raw material of equivalent grade from IPCL, GAIL, IOCL, Haldia Petrochemicals including
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imported materials. Containers must be totally clean to permit filling of high grade lubricating oils without any further cleaning. Containers should be free from water, dirt, dust etc.
Samples drawn from the lot shall be tested and if found not meeting the requisite specifications, the entire lot shall be rejected.
Along with each supply, the supplier shall provide a certificate stating that goods supplied are as per specification.
3. COLOUR MASTER BATCHES: As we are in the process of changeover of the colors the following color master batch shall also be introduced at later stage:
Type Of Container OLD Design NEW DESIGN
Color Master-Batch
Manufacturer / Grade Name
Color Master Batch
Manufacturer With Grade
Diesel engine oil Silver grey
Clariant CIL 20028, Plasti blend 04029
Bluish Grey Clariant (CILX6-0768 A)
Petrol engine oil Red Clariant (REM Red BS)
Remafin Red Clariant (Remafin Red CILX6-0784)
Elgi Elgi Grey
Clariant CIL 20028 Elgi Grey Clariant CIL 20028
Elgi XD/ GE Green Clariant B80083 Green/ Remafin Green
Clariant
B80083/ Clariant (Remafin Green CILX6-0785)
HMO/L&T/Hydrols/ Air oils
White Plasti blend – 04087-OB
White Plasti blend – 04087-OB
KOEL Super Green Clariant supplied CILX5-0731
Green Clariant supplied CILX5-0731
KOEL Premium Blue Clariant supplied CILX5-0732
Blue Clariant supplied CILX5-0732
Any other equivalent master batch other than the ones mentioned above can also be used, subject to their matching with BPCL color shade. However prior approval from BPCL shall be required before using any alternative. Decision of BPCL in this regard shall be final and
binding on the parties. BPCL may add/ change the colour/ make of the Master Batch as required during the period of the contract.
4. STANDARD REQUIREMENT–SPECIFICATIONS: The standard requirement of 50 Ltr. HDPE Container is as under, vendors are requested to specify their designs and specification along with the technical offer.
Pack Size 50 Ltr (Brimful Min: 56 Ltr)
Tare weight 2.4 kg +/- 5% (Bidders to specify actual Weight)
Material HM HDPE GRADE 52GB003
Colours As per BPCL requirements.
Recommended
Stack Height
1+2 high for filled containers for Storage
1+1 high for filled containers for Transport
Additional features
50 mm screw cap with plastic insert (plug); handles on either side of the pack; 2 ribs on body to facilitate rolling
In cases where we require induction sealing, the design should be modified to provide for induction Wads / Sealing. In such cases vendors shall be required to supply containers along with Induction Sealing Wads at no extra cost.
5. INDUCTION SEAL: Induction seals are required to be provided in the caps. The preferred
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design of neck of container should be such that the plug and induction seal both are incorporated in the container.
BPCL shall approve the 50 Ltr containers based on the designs submitted by the bidder during technical evaluation of the bids.
6. SAMPLES:
a) Suppliers should submit the sample of 50 Ltr HDPE Container of their own design for
approvals. Successful supplier shall get his samples approved by BPCL/ filling plant prior to commencement of supplies.
b) New suppliers (who have not supplied these packs earlier to BPCL) are required to submit minimum 5 Nos of containers in each size of allocated containers for testing and evaluation within 7 days after LOI or issuing the moulds, if any.
b) First supplies by the New suppliers (who have not supplied these packs earlier to BPCL) will be subjected to Pre-delivery inspection at Vendor’s premises by a team of BPCL officers, at complete discretion of BPCL. HDPE Containers for testing and evaluation within 7 days of
issuing the LOI. c) The samples shall be tested, inspected, evaluated on cube root basis for preliminary
acceptance. These samples shall then be evaluated for specifications/ filling on the high speed filling machine before final approval.
d) In case of first batch sample rejection the supplier will be given only one more opportunity to
supply fresh batch of samples on free supply basis for final trial, testing and inspection within one week of rejection notice.
e) In the event of rejection of second batch of samples the supplier shall not be considered for placement of purchase order/ contract.
B. 210 LTR HDPE CONTAINERS
1. HDPE / RAW MATERIALS:
All items shall be made out of prime grade virgin HMHDPE granules recommended for blow/extrusion molding jobs manufactured by RIL under grade name 52GB001 prime grade for HDPE Containers .Vendors can also consider alternate source of raw material of equivalent grade from IPCL,IOCL, GAIL, Haldia Petrochemicals including imported material.
All Containers should be brand new with adequate internal cleanliness to permit filling of Containers with high grade lubricating oils without any further cleaning. Containers should be free from water, dirt, chemicals etc. Containers not complying with above shall be rejected. Along with each supply, the supplier shall provide a certificate stating that goods supplied are as per specification. It will be the responsibility of the supplier to ensure that all raw material, quality inspection equipment and production process are streamlined to achieve the required quality. Issue of test certificate will not prejudice our right to carry out
further checks and decide whether the material supplied is meeting the specification. 2. IDENTIFICATION MARK: Container shall be made as per specifications given in the
tender. Each container should bear identification mark & batch No. of supplier.
3. COLOUR MASTER BATCHES: Blue (Master Batch: Remafin Blue T-411 Clariant or equivalent meeting the reference Blue Colour of BPCL.
4. RAW MATERIAL AND RECOMMENDED GRADES.
A. Raw material used to produce 210 Litre Container is as below:
Material - High Molecular High Density Polyethylene
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High Load Melt Index (@21.6 Kg) - 1.7 to 3.0 gm / 10 minute
Bulk Density - 0.525 to 0.560 gm/ cc
Recommended Grades:
Manufacturer Grade
Chevron Phillips Marlex HXM TR-571
Qatar Chemical Co. Ltd. Marlex HXM TR-571
RIL 52GB001
B. Raw material used to produce Closure (Bungs) for 210 Ltr Containers:
Material - Polypropylene Co-Polymer
Melt Flow Index (@ 2.16 Kg) - 1.0 to 4.0 gm / 10 minute
Bulk Density - 0.525 to 0.560 gm/ cc
Gasket - Black Nitrile Rubber
Recommended Grades:
Manufacturer Grade
Exxon Mobil Escorene - PP 7032 E3
Along with each supply, the supplier shall provide a certificate stating that goods supplied are as per specifications.
5. GENERAL SPECIFICATIONS (CLOSED TOP):
The above are standard specifications. Vendors should specify in case there is a change in specifications and enclose their own specifications meeting our requirements.
Sr Parameter SPECIFICATION
Tolerance Nominal Value
1 Capacity Nominal Min Ltr 210
Brimful Min Ltr 215.5
2 Weight (Range Offered) ± 0.5 Kg 8.0
3 Overall Height (H) ± 3.0 Mm 924
4 Recommended Stack Height 1+2 high for filled containers for Storage 1+1 high for filled containers for Transport
5 Maximum Printable Area.
___ Mm On body – Two panels of 540 x 540 on opposite sides or Full central band of 280 x 1750, On top - 230 x 230
6 Container Performance
(container withstands these tests)
Drop Test Drop test from a height of 1.5 m thrice on
the same container (drops on top edge, bottom dege and body)
Hydraulic Hydraulic pressure test at 1.12 kg/cm sq
Air Leak Air leak test at 0.35 kg/cm sq
7 Opening 50mm 2 Nos Top opening with PPCP bungs
8 Colour Blue (Master Batch: Remafin Blue T-411 Clariant or equivalent meeting the reference
Blue Colour of BPCL
6. STENCILING OF HDPE CONTAINERS:
Stenciling of grade name and some other static data such as manufacturer’s address should be done in single colour on the HDPE containers as per approved artwork given by BPCL. Stenciling to be done on the top of the container and also on the sides. Currently yellow colour is used for stenciling, however any other colour may be specified by BPCL later.
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The images given below illustrate a typical stenciled container. However this is only an example and the actual artwork may vary; BPCL to specify at the time of placing order. Furthermore, during the period of the contract the artworks may be changed by BPCL (in response to suggestions from the market etc.) and vendor would have to change the stencils
accordingly. No additional cost would be payable for the same.
7. SAMPLES:
a) Supplier shall get his samples approved by BPCL/ Filling Plant prior to commencement of supplies
b) New suppliers (who have not supplied these packs earlier to BPCL) are required to submit minimum 5 Nos of containers in each size of allocated containers for testing and evaluation within 7 days after LOI or issuing the moulds, if any.
c) First supplies by the New suppliers (who have not supplied these packs earlier to BPCL) will
be subjected to Pre-delivery inspection at Vendor’s premises by a team of BPCL officers, at complete discretion of BPCL. HDPE Containers for testing and evaluation within 7 days of issuing the LOI.
d) The samples shall be tested, inspected, evaluated on cube root basis for preliminary acceptance. These samples shall then be evaluated for specifications/filling on the high speed filling machine before final approval.
e) In case of first batch sample rejection the supplier will be given only one more opportunity to supply fresh batch of samples on free supply basis for final trial, testing and inspection within one week of rejection notice.
f) In the event of rejection of second batch of samples the supplier shall not be considered for placement of purchase order/ contract.
# #
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ANNEXURE – VI
QUALITY CONTROL CHECKS
QUALITY CONTROL CHECKS for 50-ltr and 210 Ltr HDPE CONTAINERS
MINIMUM QUALITY CONTROL CHECKS THE SUPPLIER IS REQUIRED TO DO AT HIS
PREMISES AND ISSUE CERTIFICATE WITH EACH CONSIGNMENT
Dimensions-As per approved drawing / dimensions in contract
Weight- as per contract
Artwork checking- The artwork should be as approved by BPCL
Stenciling /printing peel off test with cello tape.
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Sampling - as per table given in below:
Lot Size Sample Size
Upto 300 2
300 and more 4
# # # # #
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ANNEXURE – VII
TECHNO-COMMERCIAL INFORMATION To Be Submitted Online
Sr.
No. PARTICULARS
BIDDER'S
CONFIRMATION
1 Name of the Tenderer / Firm / Company
2 Address and Contact Details of the Registered Office
3-a Adress of the Factory/Unit from which supplies proposed
3-b Name of the other Unit & Other Unit Address
4-a State whether the Tenderer/ Firm/ Company is a Micro or Small Enterprise (MSE). If YES, please provide Supporting Document.
4-b
State whether the Tenderer/ Firm/ Company is a Micro or Small
Enterprise (MSE) owned by Scheduled Caste (SC) or the Scheduled Tribe (ST) Entrepreneurs. If YES, please provide Supporting Document.
5
Address and Contact Details of your Plant from where Material is going
to be supplied. In case the MSE vendor wishes to supply from their more than one Plants/ Units having MSE Certification, then provide Address and Contact Details of all those Plants/ Units.
6 Name and Contact Details (Phone, E-Mail Id etc.) of the Contact
Person/s
7 Please confirm, if any GST CONCESSION like SEZ is available to the Unit.
8 Major Vendors for SUPPLY of Input
9 Manufacturing and Handling Machines available
10 Are you in the holiday / black list of BPCL and / or MOP&NG and / or Oil PSE? (Yes / No)
11 TECHNICAL INFORMATION for All packs:
A RAW Material
B Colour : Master Batch Used
C Brimful volume: Ltr
D Overall Height: mm
E Overall Diameter: mm
F Mouth Opening Diameter: mm
G Wall Thickness: mm
H Stacking Height: STORAGE
I Stacking Height: TRANSPORT
J List of Tamper Evident Features
12 Billing address & GST registration details
13 Name of the TPIA from where the verification of the document shall be done, as and when required by BPCL
# # # # #
ANNEXURE – IX
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TECHNICAL AUDIT CHECKLIST
CHECKLIST FOR VERIFYING THE TECHNICAL COMPETENCY OF THE
BIDDER A Date of Evaluation Visit
B Time of Evaluation Visit
C Name of Vendor
Sr. No. QUALIFICATION PARAMETERS MAX.
SCOR
E
Score Com
ments
I APPROVAL FOR SPECIFICATIONS
1 Current drawing/specifications of items manufactured are available and maintained
0.5
2 Approvals are obtained for any change in product/ material
/process parameters and recorded / copies available;
process followed
0.5
II DESIGN CAPABILITY
3 Has the vendor designed any major pack independently/ or in
direct association with any customer, in the past 5 years:
Mention details of the Pack
Done (in association) 1
Stand alone development 1
4 Is there any patent or recognition for innovation in pack/ design / process, in vendor’s name - past 5 years?
1
III PROCESS CAPABILITY
5 Following Equipment are available, to supply quality product
(To record No. of machines & capacity) - All machines
mandatory.
A Minimum no. of Blow Moulding Machines required (in terms of the mould cavities they can simultaneously operate):
5
50 Ltr HDPE container - 1 mould cavities
210 Ltr HDPE container - 1 mould cavities
B Availability of moulds in good working condition 5
C Mould Management:
5
Mould Maintenance Schedule
Mould Repair Infrastructure eg: lathe; drilling; lapping; etc.
Mould Data Sheets
D Chilling Plant 3
E Each container is getting checked for any damages/leakages & proper records maintained.
3
6 Production capacity is sufficient to meet the requirements: Yes / No
5
- Capacity should be 1.5 of the average monthly quantity.
Based on quantity quoted by bidder.
- Must have spare capacity for BPCL for the quantity
quoted in the current tender
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7 Has and agreed upon quality plan for each component and
adheres to the quality plan
1
Quality Policy Displayed 1
Processes critical to quality are :
Processes Identified 1
Controlled 1
Records available 1
9 Production details :
Analysed 1
Corrective Action Taken 1
Effectiveness of Action Taken & meeting the target 1
10 Random check of material done and found as per agreed specs.
3
IV INSPECTION AND QUALITY CONTROL
11 Have you been Holiday listed by any of the OMC; i.e. BPCL;
IOCL; or HPCL? If yes, what measures have been taken for
improvement
5
12 Incoming inspection of raw materials is carried out
Raw Material (RM):
HMHDPE i.e. MFI; Density; Impact Strength 2
Master Batch 2
All materials used are approved by the customer; If not, then Rejected
2
13 Records of all inspections are maintained: Yes / No
In-coming Inspection 1
In-process Inspection 1
Pre-dispatch Inspection Report 1
14 Equipment’s required for quality check are available
Drop Testing Equipment 1
Weighing Machine 2
Top Load Tester 1
Overall Dimensions & Thickness 2
15 Records of Production & Consumption available 2
16 Validation of all equipment’s responsible for verification carried out on regular basis.
2
17 Rejected and OK material kept separately. 1
Tags put for identification of Rejected Material 1
18 Scrap, rework and yield are monitored on a regular basis and works for continuous improvement
2
19 Complaints from customers are examined, root cause identified and corrective actions are taken. Records of such actions are maintained
2
20 All personnel performing activities directly affecting quality are given adequate training to do their jobs properly
1
21 All items are checked for correct quality on-line. 1
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Corrective actions taken for non-conformity & recorded. 1
22 Quality control reports for all dispatches are sent & recorded properly
1.5
23 Batch traceability from finished to raw materials is recorded 2
24 Quality certification of the unit as on date of evaluation and the Quality Manual is available
1.5
V PURCHASE, LOGISTICS AND WAREHOUSING
25 Sufficient covered, dust free storage space for RM; finished products, etc.
Raw Material 1.5
Moulds 1
Finished Goods 2
26 Proper documents/ records are available for purchase of raw materials
1
27 All raw materials components & Moulds are kept properly so as to prevent damage, deterioration or mix-up
1
28 Adequate raw material stock levels of all items are maintained to avoid dry out and to meet sudden spurt in demand (Minimum 15 Days Stock)
1.5
29 Stock levels of finished goods to be maintained by Bidder (based on BPCL Plants requirement; Bidder has to give confirmation to the visiting Committee, considering lead time, holidays, etc.)
2
30 Proper packing material is used for transportation of finished goods
1
31 Call-Off Schedules are maintained properly and dispatches made accordingly.
1
VI SAFETY AND HOUSEKEEPING
32 Adequate measure taken on HSSE House-Keeping & Safe Environment
2
HSSE Policy Displayed 1
PPE (Machine Guards/Ear Plugs/ Gloves etc) 2
First Aid Box 2
Training on Safe Working 2
VII TOTAL / VENDOR SCORE 100
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ANNEXURE – X
SAMPLE PRICE BID: Finished Container Cost
Sr.
No.
ITEM DESCRIPTION XX Ltr PACK
BPCL PLANT LOCATION WHERE DELIVERIES ARE REQUIRED
XX
ITEM LONG DESCRIPTION
UoM (One Number Container with Cap/ Lid & Vad, if any)
EACH
A Total Quantity Required in multiples of 1000 UoM XX
B Weight of UoM with Lid/ Cap (if any) in gm xx Bidder to Indicate
C Supply Plant Location (TOWN/STATE) xx Bidder to Indicate
D Net Landed Rate of RM (HDPE/ PPCP etc.) - Rs. per kg xx Bidder to Quote
E Material Cost Rs. per 1000 UoM E= (B x D)
F Value Addition/ Conversion Charges - Rs. per 1000 UoM xx Bidder to Quote
G BASIC RATE - Rs. per 1000 UoM G = E + F
H Freight Rs. per 1000 UoM xx Bidder to Quote
I TPIA charges xx Bidder to Quote
J Type of GST IGST or SGST Bidder to Select
K GST rate (in %) xx Bidder to Indicate
L GST amount (in Rs)
L = (G + H + I)*K%
M TOTAL DELIVERED COST (Rs. per 1000 container) -INR M = (G+H+I+L)
N ITC – RATE % X X
O ITC – AMOUNT Rs. O = L*N%
P NET LANDED COST (Rs. per 1000 container) -INR P = M - O
Q Location-Wise Cash Outflow Before CENVAT/VAT in INR Q = M*A
R Location-Wise Cash Outflow After CENVAT/VAT in INR R = P*A
NOTES:
a. Unit of Measurement (UoM): The UoM is EACH (One HDPE Container). However the
Quantities indicated in the Price Bid are in multiple of thousands (i.e. Qty x 1000 HDPE Containers).
b. Weight of Container with Cap: Bidder to indicate the Weight of One Container offered
(including Cap & Plug if any), in gm.
c. Supply Plant Location (TOWN/STATE): Bidder to Indicate name of City and State of
their Plant Location from where they intent to supply the containers to the BPCL Plant.
d. Net Raw Material (HDPE) Rate: The Raw Material Net Prices as worked out from the
Raw Material Price Bid is to be filled here in Rs. per MT.
e. Conversion Cost: Please quote for Value Addition/ Conversion Charges, which may include
the costs on Mater Batch/ Paint/ Printing/Stenciling (in 210 L HDPE container), if any and Other Allied Costs etc; in Rs. per 1000 Containers.
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f. Basic Rate of Finished HDPE Container: Net Rate of HDPE, as worked out in the RM
Price Bid, converted to Container Material Cost for 1000 Containers [depending upon its
WEIGHT (Container+Cap+Plug if any)], together with the Quoted Value Addition Cost and Labeling Charges (if any), will becomes Basic Rate in Rupees for 1000 Containers.
g. Freight: FIRM Freight Rate in Rupees per 1000 Containers basis for delivering (including unloading & stacking) to BPCL plant.
h. TPIA Charges – Please quote FIRM TPIA charges in Lumpsum, which may incur for verification of documents (including visit to manufacturing unit) post submission & opening
of the bid, as and when required by BPCL. The TPIA charges shall be paid to ONLY those bidder(s) who will be asked to submit the TPIA certificate. Further, in case any bidder is asked for verification of his documents (including visit to manufacturing unit) pertaining to more than one container and/or BPCL location and all such supplies are proposed from the same manufacturing facility of the vendor then TPIA charges for only a single inspection would be paid and not the aggregate amount.
i. GST: is to be indicated as per applicability for supplies to the BPCL plant, in %.
j. ITC: As applicable on the due date of tender, will be considered for evaluation.
