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BHARAT PETROLEUM CORPORATION LTD
CENTRAL PROCUREMENT ORGANISATION-REFINERIES
MUMBAI REFINERY, MAHUL
MUMBAI – 400074
TENDER FOR
DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM AT
BPCL -- MUMBAI REFINERY.
TENDER CRFQ NO. CPO(R)/DISP/01/2016
E-TENDER NO: - 15797
DUE DATES FOR SUBMISSION:
EXPRESSION OF INTEREST : 25th October 2016- 13:00 hrs (IST)
SUBMISSION OF BIDS : 30th November 2016- 13:00 hrs (IST)
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DISPOSAL Tender No.: CPO(R)/DISP/03/2014-15
E-TENDER REFERENCE NO. 19796
Index
Sr.
No.
Description Annexure
1 Notice Inviting Tender
A
2 Tender Program Schedule
B
3 Instruction to Bidders C
4 Special Terms & Conditions D
5.
General Terms & Conditions
E
6 Technical Details of Spent Catalyst F
7 Format for Un-Priced Bid G
8 Calculation of Sale Price of Spent Catalyst H
9 Sampling Procedure. I
10 Deviation Format J
11 Format of Expression of Interest K
12 Acceptance-cum-Registration Form L
13 Integrity Pact Document M
14 Details of Price Bid submission N
15 Information on e-tendering Portal O
16 Non-Disclosure Agreement
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ANNEXURE -A
BHARAT PETROLEUM CORPORATION LTD
CENTRAL PROCUREMENT ORGANISATION (REFINERIES),
MAHUL, MUMBAI - 400 074.
PHONE: 91-22-2553 4129. FAX: 91-22-2554082
GLOBAL NOTICE INVITING TENDER
For DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM AT
BPCL -- MUMBAI REFINERY
Bharat Petroleum Corporation Ltd., invites bids for the tender for Disposal of Spent Catalyst
containing Platinum from Continuous Catalytic Plant at BPCL-Mumbai Refinery. Approximate
quantity of 7000 Kgs is available for disposal.
Interested bidders shall submit the “Intention to Bid documents‘’ (hereinafter termed as
Expression Of Interest- EOI) as per requirements of tender. The sieving activities have been
completed. Bidders who submit the “-intention to bid documents -EOI” as per requirements
mentioned in the attached tender will be invited to attend the sampling activities of the spent
catalyst at BPCL Mumbai Refinery. Post Sampling and analysis, participating bidders shall
submit their techno-Commercial bids (un-priced bids) as well as price bids, as per requirements
mentioned in the attached tender.
Tender can be downloaded from any of the following websites :
• e-Procurement Portal : https://bpcleproc.in
• BPCL Web : https://www.bharatpetroleum.in/tender/view-tenders.aspx → Select
Department → CPO (Refineries)
• Central Public Procurement Portal : http://eprocure.gov.in/cppp
Bids are to be submitted in the online bidding platform on BPCL’s e-tendering portal:
https://bpcleproc.in.
DUE DATES FOR SUBMISSION:
EXPRESSION OF INTEREST : 25th October 2016- 13:00 hrs (IST)
SUBMISSION OF BIDS : 30th November 2016 - 13:00 hrs (IST)
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1.0 CONTACT PERSONS
1.1 Please note that the tender enquiry is invited through e-tendering mode. In case of any
clarification regarding the tender, following are the contact persons:-
1.2 FOR E-TENDERING RELATED ISSUES:
If tenderers need some clarifications or are experiencing difficulties while enrolling or
while participating in this e-Tender, please e-Mail to the following e-Mail ID along with
the snapshots of the errors being faced to:
Ajay Nandangi.
e-Procurement Technologies Limited (Procure Tiger)
Contact : 022-27764464, 2553 3128, 7208726400
E-Mail: [email protected]
Satya narayan Behera e-Procurement Technologies Limited (Procure Tiger)
Mobile no. - +91 90040 14223
Email ID - [email protected]
Contact Numbers +91 9099090830, +91 7940016816
1.3 FOR OTHER CLARIFICATIONS:
For any commercial clarifications regarding this RFQ, please contact:
Shri H.P. Panchal, Procurement Manager (CPO-R), BPCL – Mumbai Refinery, Mahul,
Mumbai. Tel no. 022-25533117. E-mail: [email protected]
Shri S. Sriram, Procurement Leader-CPO (R), BPCL – Mumbai Refinery, Mumbai
Refinery, Mahul, Mumbai. Tel no.Tel. No.: 022-2553 3202.
E-mail: [email protected]
Important : All updates, amendments, corrigenda, due date extensions etc, (if any) will be posted
on the e-tendering portal / websites as and when required. There will not be any publication of
the same through newspapers or any other media.
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ANNEXURE – B
TENDER PROGRAMME SCHEDULE
Last Date for submission of Expression of
Interest :
25th October 2016- 13:00 hrs (IST)
Date & time of opening of Expression of
Interest on e-platform:
25th October 2016 - 14:00 hrs (IST)
Date & time for sampling & packing, in
the presence of participating bidders:
7th November 2016 09:30 Hrs IST to
11th November 2016 15:30 Hrs IST,
at BPCL MUMBAI Refinery.
(Tentative Schedule)
Last Date for submission of Techno-
commercial Bid (unpriced bid) and Price
bid through e- platform.
30th November 2016 -- 13:00 Hrs IST
Date & time of opening of Techno-
commercial bid (un-priced bid) on e-
platform:
30th November 2016 -- 14:00 Hrs IST
Date & time of opening of price bids on
e-platform
Confirmed date & Time will be communicated
to technically qualified bidders.
Expression of Interest Hard copy of signed and stamped documents can be sent to BPCL-CPO(R), Mahul,
Mumbai-400074. Techno-commercial Bids (unpriced bids) and Price bids can be submitted by uploading
through BPCL’s e-tendering portal: https://bpcleproc.in. For submission of bid through e-tendering
portal, bidder will need a digital signature and should register in the e-tendering portal. For any
assistance in obtaining digital signature, registration and submission of Bid documents through
e-tendering portal, bidders may contact our e-tendering service provider.
The methodology of quoting the tender is as below:
Part No. Sr. No. Description Documents to be submitted with
signed and stamped on all pages
Part-1 (Expression Of Interest) Hard copy of signed and stamped documents to be sent to
BPCL- CPO(R), Mahul, Mumbai-400074
EOI
1 FORMAT OF EXPRESSION OF INTEREST Signed copy of Hard Document
2 SAMPLE MONEY DEPOSIT Original Hard Document
3 INTEGRITY PACT AGREEMENT FORMAT Signed copy of Hard Document
4 CERTIFICATE OF CPCB/SPCB OF HAZARDOUS WASTE Signed copy of Hard Document
5 NON-DISCLORE AGREEMENT Signed copy of Hard Document
Part-2 (Techno-commercial Un-Priced bids) Scanned copy of signed and stamped documents to be uploaded / filled
on BPCL e-tendering portal i.e. https://bpcleproc.in
Part-1
6 EARNEST MONEY DEPOSIT Scan copy of Document
7 ACCEPTANCE-CUM-REGISTRATION FORM Scan copy of Document
8 INSTRUCTION TO BIDDERS, SPECIAL TERMS & CONDITIONS &
GENERAL TERMS & CONDITIONS Scan copy of Document
9 UN-PRICED BID To be filled in e-tendering Portal
10 TECHNICAL DEVIATION FORM Scan copy of Document
11 APPLICABLE CHARGES, TAXES, DUTIES, FREIGHT ETC. Scan copy of Document
Part-2 12 PRICED BID To be filled in e-tendering Portal
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ANNEXURE – C
1. INSTRUCTION TO BIDDERS:
1.1. BPCL intends to dispose off 7000 Kgs (estimated quantity) of spent catalyst Fines containing
Platinum from CCR Unit - Mumbai Refinery (MR).
1.2. The sieving activities have been completed. Actual quantity of spent catalyst Fines and
estimated platinum content therein will be ascertained after carrying out sampling activities
as per procedure mentioned elsewhere in this tender document. For technical details of
spent catalyst under disposal, please refer enclosed Annexure-F.
1.3. The disposal would be through competitive bidding. The party interested in bidding shall
submit their bids mentioning the recoverable metal content, discount towards metal price
volatility and/or processing charges etc. in the prescribed format as mentioned elsewhere in
the tender document. The bidder with highest evaluated price would be successful bidder.
Foreign bidders shall submit their offers either in USD or in EURO, which will be converted to
Indian rupees, for the purpose of evaluation by BPCL.
1.4. Indian Bidders:- Bidders should have valid license/ permission/ certificate issued by Central/
State Pollution Control Board (CPCB/ SPCB)/ other statutory authorities for re-cycling/
reprocessing/ handling this type of hazardous waste. The bidder should have capacity to
process entire lot from BPCL.
1.5. Foreign Bidders:- Bidders should have valid permission/ certificate/ license from appropriate
statutory authorities in their country, for importing, re-cycling/ reprocessing/ handling this
type of hazardous waste. The bidder should have capacity to process entire lot from BPCL.
Also, foreign bidders shall give an undertaking that they will comply with all formalities as
required under the hazardous waste management /environment regulations of Government
of India before lifting of materials.
1.6. Sample Deposit:
1.6.1. Interested Indian bidders are required to submit their Expression of Interest (in format
Annexure K) along with Copy of valid license/ permission/ certificate and sample deposit
amount of Rs. 1,00,000/- (Rupees One Lakh Only) by Demand Draft/ Pay Order (Cheque or
Cash will not be acceptable) drawn on any Nationalised Indian Bank in favour of Bharat
Petroleum Corporation Limited payable at Mumbai. Foreign Bidders, if interested, may submit
the amount by Wire Transfer for an amount of USD 1500 (US Dollars One Thousand Five
Hundred only) or EURO 1350 (EURO One Thousand Three Hundred Fifty only). The EOI along
with Sample Deposit (original DD / Pay Order / proof of wire transfer / NEFT) should be
submitted in a sealed envelope by post /courier to The General Manager, CPO-Refineries,
Bharat Petroleum Corporation. Ltd., Mumbai Refinery, Mahul, Mumbai – 400 074,
Maharashtra State, India, so as to reach on or before the EOI due date.
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1.6.2. Sample deposit can be paid also through electronic funds transfer to BPCL Bank Account proof
of which may be enclosed with the Intention to Bid submitted to the above address: BPCL
Bank details are as under:
For Indian Bidder:
For Foreign Bidders:
1 Beneficiary Name Bharat Petroleum Corporation Limited
2 Bank Name Standard Chartered Bank
3 Branch Address 90, M G Road, Fort, Mumbai-1
4 USD Account no 22205032520
5 Swift Code SCBLINBBXXX
6 BSR Code 6470036
Bidders may kindly note that bank debits BPCL towards charges for collection of amounts
remitted from abroad. These charges are to be borne by bidders. As such, during final
settlement of the advance amount remitted by the bidder, there may be some deductions
towards the collection charges if any debited by Bank.
1.7. Bidders are required to sign a Non-Disclosure Agreement (NDA) with the original catalyst
supplier (M/s. Axens) as per the prescribed format mentioned in Annexure P. and same to
be sent along with Expression of Interest.
1.8. Integrity Pact Document (Annexure-M), duly signed and stamped to be sent along with
Expression of Interest.
1.9. Bidders, who have submitted their Expression of Interest, and sample deposit amount as
mentioned above, will be invited to participate in sampling activities of the spent catalyst fines
under disposal at BPCL Mumbai Refinery. Bidders can witness sampling and packing activities
and also take samples of the spent Catalyst fines for the purpose of quoting. Sampling will be
carried out as per detailed procedure mentioned in Annexure I. The spent catalyst lot has
already been sieved. Sampling activities, packing and sealing of drums will be carried out in
the presence of the participating bidders. Final quantities in packed & sealed drums would
be recorded separately for all the lots.
1 Name of the Beneficiary Bharat Petroleum Corporation Ltd
2 Name of the Bank Standard Chartered Bank
3 Branch Code 222
4 Branch Address 90, M G. Road, Mumbai 4000 001
5 Branch Telephone 18002663666/18001033666
Fax no 022-267588081/26758822
6 NEFT IFSC Code SCBL0036001
7 Account Type 11 (Current )
8 Account No. 22205020115
9 RTGS IFSC Code -
10 MICR Code 400036002
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1.10. After checking of the sample drawn, the bidders are required to submit their bids in two parts
i.e. Techno- Commercial (un-priced) bid and Price bid (in e-platform) on or before the bid due
date as mentioned above. Bids cannot be submitted in e-platform after the said bid due date.
Price bid opening date will be communicated to techno-commercially qualified bidders.
1.11. Bidders are expected to submit their bids accepting all the terms & conditions set forth in this
tender document. Deviations, if any, shall be clearly mentioned in the format in Annexure J.
of this tender document. Deviation if mentioned anywhere else may not be considered. In
case of no deviation, Annexure J may be submitted with NIL deviation.
1.12. Earnest Money Deposit (EMD):
1.12.1. Interested Indian bidders are required to submit their offer along with an EMD amount of
Rs. 1,00,000/- (Rupees One Lakhs only) by demand draft / Pay Order (Cheque or Cash will
not be acceptable) drawn on any Nationalised Indian Bank in favour of “Bharat Petroleum
Corporation Limited” payable at Mumbai. Demand Draft to be submitted in a sealed
envelope, by post/ courier to The General Manager, CPO-Refineries, Bharat Petroleum
Corporation. Ltd., Mumbai Refinery, Mahul, Mumbai – 400 074, Maharashtra State,
India, so as to reach on or before the bid due date. Foreign Bidders may submit amount
by Wire Transfer for the EMD amount of USD 1500 (US Dollars One Thousand Five Hundred
only) or EURO 1350 (EURO One Thousand Three Hundred Fifty only).
1.12.2. EMD can be paid also through electronic funds transfer to BPCL Bank Account details of
which are mentioned in clause 1.6.2 above, on or before bid due date.
1.12.3. EMD will not carry any interest. BPCL will encash all the EMD received and EMD of
successful bidder (highest bidder) shall be returned after completion of upliftment. EMD
of other unsuccessful bidders will be returned after release of sale order to the successful
bidder.
1.12.4. Bids without EMD will not be considered and will be rejected summarily.
1.13. Techno- Commercial bid, i.e., Un-priced Bid shall have the following information/ details :
a. Proof of submission of EMD – Scanned copy of Demand Draft / Copy of Bank Transfer
confirmation to be uploaded in e-procurement platform.
b. Acceptance –cum-Registration Form (Annexure -L) duly filled in
c. For Indian Bidders:- Duly attested copies of valid license/ permission/ certificates issued
by Central/ State Pollution Control Board (CPCB/ SPCB)/ other statutory authorities for
re-cycling/ reprocessing/ handling this type of hazardous waste.
d. For Foreign Bidders:- Duly certified Copies of valid permission/ certificate/ license from
appropriate statutory authorities in their country, for importing, re-cycling/
reprocessing/ handling this type of hazardous waste. Foreign bidders shall give an
undertaking that they will comply with all formalities as required under the hazardous
waste management /environment regulations of Government of India before lifting of
materials.
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e. Annexure G (Un-priced bid) with prices Blanked off, but after filling up the information
relating to estimated Platinum Contents in Grams per Kg of spent catalyst as also
estimated Platinum Recovery Factors in % and Ex. Duty, VAT/ CST & TCS applicability
as required therein.
f. Any other relevant information.
g. Annexure C, D and E (Instruction to Bidders, Special Terms & Conditions and General
Terms & Conditions) of this tender document, duly signed and stamped on all pages, as
a token of acceptance of terms & conditions mentioned therein.
h. Deviation Form in Annexure J duly filled and signed.
1.13.1. Techno-commercial Bids (unpriced bids) consisting of the documents/ information as
mentioned above is to be submitted by uploading through BPCL’s e-tendering portal:
https://bpcleproc.in.
1.13.2. Evaluation of quotes shall be based on the total basic price for the total quantity of Spent
Catalyst Fines, as detailed in Annexure D.
1.13.3. PRICE BID SUBMISSION:- Following data shall be filled in our e-procurement portal:
• Currency
• Fixed Premium / Discount towards Platinum, Indicate Plus (+) or Minus (-) as the case
may be.
• Fixed Premium / Discount in quoted currency per Kg of Spent Catalyst.
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ANNEXURE – D
1. SPECIAL TERMS & CONDITIONS :
1.1. Price:
1.1.1. Your bid should be for the Basic price, for delivery ex-BPCL, Mumbai Refinery. Quote
shall remain firm for 60 days after price bid opening date, for acceptance & placement
of sale order by BPCL.
1.1.2. Excise Duty, taxes and other Govt. Levies as applicable on the date of delivery shall be
payable by the buyer, in addition to the basic sale price. Buyer will have to pay variations
also if any, in applicable government levies, till complete up liftment and final
settlement.
1.1.3. As the Government of India is likely to introduce a uniform tax system across India i.e.
The Goods and Services Tax or GST which will replace various taxes & duties levied
currently by the Central and State governments. Hence if GST is applicable before
finalization of this tender, the same shall be applicable and price evaluation shall be
done based on new GST.
1.1.4. Bid price consists of amount towards recoverable Platinum content, per KG of the spent
catalyst, as per bidder’s offer. Platinum Price would be based on the ruling Platinum
Prices in London Platinum Market (LPPM) as published in LME’s website (as defined in
1.1.6) premium/discount as quoted by the bidder.
1.1.5. BID SUBMISSION UN-PRICE, PRICE & EVALUATION:
1.1.5.1. Bidders will be required to quote for the following after final quantities (after sampling
and packing) separately for Spent Catalyst (Fines) in Techno commercial (Un-priced
Bid).
Sr.
No.
Spent catalyst from
CCR Unit
Sieved, sampled, weighed
& packed
PLATINUM
Content in Grams per
Kg of spent catalyst as
per bidder’s analysis
Expected Recovery %
as per bidder’s
analysis
(1) (2) (3)
1 SPENT CATALYST FINES
(AXENS - CR 601) Bidder to quote Bidder to quote
1.1.5.2. Bidders will be required to fill the PRICE BID in our e-procurement portal as per
following details.
Currency: Bidder to quote
Sr.
No.
Spent catalyst from
CCR Unit.
Sieved, sampled, weighed &
packed
Fixed Premium / Discount per KG of Spent Catalyst
Indicate
Plus (+) or Minus (-)
as the case may be
Fixed Premium / Discount
AMOUNT in Quoted Currency per
Kg of Spent Catalyst
(1) (2) (3)
1 SPENT CATALYST FINES
(AXENS - CR 601) Bidder to quote Bidder to quote
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1.1.6. EVALUATION
Evaluation of Bids shall be done as under :
Bid submission Price =
(Spent Catalyst sale price per kg of Spent Catalyst x Net Wt of Spent Catalyst in Kgs)
Where in:
Spent Catalyst evaluation price per Kg for each lot will be calculated as below :
(Platinum rate per Gram x Platinum Content in Grams per Kg of Spent Catalyst x Expected Recovery
%) +/- Fixed Premium or Discount per Kg of Spent Catalyst.
Average of LME Fix Platinum price per gram for the previous seven days ending one day prior to the
price bid opening date. (Seven days shall mean consecutive seven days for which LME prices are
available). LPPM Platinum price in USD per Troy Ounce (EURO/ Troy ounce for bidders choosing to
quote in EURO) would be converted to rate per Gram using conversion factor of I Troy Ounce =
31.1035 grams. For comparative evaluation USD/ EURO would be converted to INR using USD-INR
/ EURO-INR exchange rate prevalent at the time of price bid opening, which would be considered
as the rate published by SBI (TT selling rate), applicable for one day prior to Price bid opening date.
Platinum Content in Grams per Kg of spent catalyst, expected Recovery %, Fixed Premium or
Discount as the case may be, per Kg. of Spent Catalyst will be taken from bidders’ quotation. Foreign
bidders are required to quote in USD or EURO.
1.1.7. CALCULATION OF SALE PRICE OF SPENT CATALYST
Sale order Price will be calculated by adjusting the Bid Submission Price of the successful bidder to
the Platinum price prevalent at the time of issuing of sale order (average of 7 days’ LPPM Platinum
prices ending one day prior to the sale order date would be considered for this). The offer is to be
valid for placing of sale order within a maximum of 60 days from the date of opening the priced bid.
8 days prior intimation shall be given before placing the sale order; the said 8 days shall be
considered as 8 consecutive working days for which LME prices are available, prior to the release of
sale order. This would be subject to the overall time limit of 60 days (from price bid opening date).
All bidders are requested to refer Annexure – H for further details.
NOTES :
1. For calculating Average of LPPM Platinum Price, the daily LPPM Platinum Fix Price as published
in LME’s website (http://www.lme.com/metals/precious-metals/platinum/) would be
considered.
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2. One day’s price would be the average of AM and PM Fix prices published for that day; in case
only AM or PM prices are published for a day, that published price would be taken as that days’
price.
3. Published LME Platinum price would be considered in USD/ EURO per Troy Ounce and would
be converted to USD/ EURO per Gram using conversion factor of I Troy Ounce = 31.1035 grams.
4. Price bid should be valid for placement of sale order within 60 days of price bid opening date.
5. LME rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the USD-
INR exchange rate published by State Bank of India (SBI- TT selling rate).
6. Bidder with the highest Total Bid Submission Price as calculated above would be the successful
bidder.
1.1.8. Payment Terms & Material Lifting Time:
1.1.8.1. BPCL will issue a Sale Order to the successful Bidder and bidder shall make full payment
including taxes & duties, for the total quantity, in advance, before upliftment of the material.
Payment shall be made within 15 days after issue of Sale Order. Payment to be made by
demand draft OR electronic transfer. Cash/ Cheque will not be accepted.
1.1.8.2. Material Lifting Time for Indian Bidders:-
Material shall be lifted out of our Refinery premises within 7 days of effecting payment.
1.1.8.3. Material Lifting Time for Foreign Bidders:-
Immediately on receipt of intimation, bidder shall initiate actions for obtaining clearances
from concerned authorities in India. All clearances/ formalities in this regard are to be
completed within 60 days of issue of sale order. Necessary coordination with various
authorities is in the scope of successful bidder(s). BPCL will provide/ sign necessary
documents to facilitate export of the lot as per rules. However, it may be noted that BPCL
will not be responsible for non-compliance/ completion of any such formalities and
consequences, if any, thereof. Material shall be lifted out of our Refinery premises within 60
days of effecting payment.
1.1.9. Bidder shall pay the full sale order value within 15 days after issue of Sale Order failing which
action as under will be taken without any recourse:
a) Buyer’s EMD will stand forfeited.
b) The Sale letter will be treated as cancelled and BPCL shall have right to dispose off the
materials. No claim whatsoever from the buyer shall be entertained, in such a case.
c) The buyer shall be black listed and debarred from participation in our future disposal
processes.
Note : 1) EMD payment will not be adjusted against the Sale value. EMD of successful bidder
will be returned only after the completion of the disposal activity & submission of No
Claim Certificate.
1.1.10. Buyer will not have choice to select the materials, and has to uplift the materials from BPCL
Mumbai Refinery, within 7 days (Indian bidders) / 60 days (Foreign bidders) of making full
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payment, failing which BPCL is at liberty to dispose off the un-lifted material any time after the
7 or 60 days (Indian or Foreign, as the case may be) are over. In addition, 100% payment and
the EMD collected from the buyer will stand forfeited.
1.1.11. For both the successful bidder and the unsuccessful bidders, Sample Deposit amount of
Rs.1,00,000/- (Rupees One Lac Only) deposited by them would be adjusted against the sample
issued to them @ Rs. 7500/- (Rupees Seven Thousand and Five Hundred only) per Kg of
samples. Minimum Quantity of sample is 1 Kg and increments of 1 Kg, with a maximum of 4
Kgs. and balance would be refunded by BPCL. In the case of foreign bidders, who have paid the
sample deposit in foreign currency, the rate per Kg will be @ USD 115 (US Dollar One Hundred
and Fifteen only) or EURO 105 (EURO One Hundred and Five only), as the case may be.
1.1.12. Used Catalyst Management:
1.1.12.1. Bidder will take suitable steps for arranging spent catalyst utilisation at his works which may
include necessary processing, metal removal & residual catalyst disposal in accordance with
environmental norms.
1.1.12.2. Legislation :
All the applicable rules and regulations stipulated by Ministry of Environment and Forests
(MOE&F) under Govt. of India, Central and State (Maharashtra) Pollution control boards
and any statutory bodies must be complied by the Bidder.
1.1.12.3. Clearances to be obtained by foreign bidder
BPCL will make the spent catalyst available at our Refineries at Mumbai, in sealed export
worthy drums. Bidders shall arrange for export of the consignment to their locations
situated outside India.
The responsibility of getting the necessary approvals/ documentation for Road/ Sea
Transport (as applicable) of used catalyst within and outside India rests with the bidder. It
shall be solely bidder’s responsibility for arranging the necessary documentation such as
Ministry of Environment and Forests (MOE&F) clearance/ No Objection Certificate (NOC)
from Central or State Pollution Control Boards and any other approvals from other
applicable Statutory Authorities for transportation of used catalyst within and outside India.
Approvals/ applications required for Customs Clearance/ other statutory bodies, wherever
required shall also be obtained by bidders.
Material is sold on As Is Where Is Basis. All expenses in getting clearances from the
authorities -- Government of India, State Governments of Maharashtra/ Governments in
the bidders’ country of origin shall be borne by bidder. All the legal and other formalities
including Hazardous Wastes (Management, Handling and Transboundary Movement) Rules
2008 of Ministry of Environment and Forests, Government of India for transportation shall
be arranged for and complied by the bidder. All expenses such as freight, incidental
charges, transit insurance, taxes etc., are also to be borne by bidder.
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1.1.12.4. Documentation for Transportation:
The responsibility of getting the necessary approvals/ documentation for Road/ Sea
Transport (as applicable) of used catalyst within and outside India rests with the bidder. It
shall be solely bidder’s responsibility for arranging the necessary documentation such as
MOE&F clearance/ NOC from CPCB/ MPCB and any other approvals from other applicable
Statutory Authorities for transportation of used catalyst within and outside India. This
includes the approvals/applications required for Customs Clearance / other statutory
bodies as well, wherever required.
1.1.12.5. The successful Bidder shall issue a Certificate of Release of Responsibility to BPCL after the
spent catalyst is shifted outside the premises of BPCL - Mumbai Refinery. While BPCL -
Mumbai Refinery will help in arranging the documentation related to Road Transport of
Spent catalyst, the responsibility for handling the spent catalyst outside the premises of
BPCL - Mumbai Refinery shall lie solely with the successful Bidder.
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ANNEXURE - E
1. GENERAL TERMS & CONDITIONS :
1.1. The terms Buyer(s)/ Contractor(s) appearing anywhere in this tender document refers to the
successful bidder on whom sale order is placed by BPCL for the subject material.
1.2. Sale is on “AS IS WHERE IS BASIS, CLEAN SWEEP BASIS AND NO COMPLAINT BASIS”. No
complaint regarding quality, quantity, or composition of the material will be entertained.
1.3. The quantity indicated in this tender is only an approximate estimated quantity No additional
/ extra claims on account of variation in quantity will be entertained.
1.4. The Bidders cannot retract from their offers. If done so, the EMD will be forfeited & buyer will
be debarred from participating in our future tenders. Any taxes, duties, etc. payable by the
successful Bidder outside India shall have to be borne by the successful Bidder only.
1.5. BPCL reserves the right to withdraw wholly or partially any or all the items set for sale at any
time during the period of contract without assigning any reasons.
1.6. Rights of participation will be for bidders, who, after inspecting the material, pre-qualify
themselves by paying the EMD and whom BPCL has not previously blacklisted. Final decision
regarding participation of the bidder will be with BPCL.
1.7. Sale confirmation, Sale Order, Invoices, Delivery Challans, etc. will be released only in the name
of the Company that has initially registered and participated in the tender. There will not be
any changes between the registration and completion of transaction.
1.8. Successful bidder should make all arrangements for further packing, if required, for uplifting
and transportation. In case of foreign bidders all necessary export arrangements and
formalities have to be arranged by the bidder BPCL will provide only necessary documentation
assistance as required.
1.9. The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes and/ or labour at
their own expenses. While inspecting of material and at the time of lifting of material, ALL
SAFETY RULES OF THE COMPANY HAVE TO BE FOLLOWED STRICTLY. The buyer also confirms
to have read all the general rules as laid by BPCL, with regard to employment of labour for the
removal of scrap material.
1.10. While taking delivery of the material, if any damage is done to the premises or other machinery
lying nearby, the Company shall recover all such costs required to rectify the damage and bring
the material back into the original position and stop delivery of the material till all the costs are
paid.
1.11. The decision of BPCL is final and binding in all matters related to this sale.
1.12. Material lifting shall be as per the guidelines of BPCL only. Buyer shall have no rights to choose
/ pick the material from the total lot.
1.13. Partial lifting shall result in forfeiture of EMD and Sale Value paid in advance. The lifting should
be completed within due time frame agreed. Failure to abide by the agreed terms and
conditions of the tender and shall result into forfeiture of EMD and BPCL will be at their liberty
to sell the subject lot to any third party and debit the differential amount to Buyer’s account.
1.14. No advantage shall be taken either by the company of the bidder who has been awarded the
contract/sale order (herein after referred to as the “Contractor”) of any clerical error or
mistake, which may occur in the specification, schedule of rates, plans tender or any other
papers supplied to or by the contractor in connection with the work.
Page 16 of 38
1.15. Inspection of Site :
The bidder has been given an opportunity before or at the time of the entrusting of the work
to him, of making an inspection of the site to set at rest any doubts he may have had about the
difficulties attending his offer, and any difficulties which may be met with by him in the course
of the execution of the work shall neither relieve him from fulfilling the terms of this
contract/Agreement, nor entitle him to claim extra payment or an extension of the period by
the Company’s authorized Engineer-in-Charge that such difficulties could not have been
foreseen.
1.16. Once the sale order is issued, permission to the successful Bidder to inspect the material under
disposal again prior to upliftment shall not be granted to the successful Bidder unless the
payment as per Sale order Terms & conditions is paid by the successful Bidder.
1.17. Subletting Agreement :
The contractor shall not sublet or assign the work or any part thereof to another party without
the written consent of the company first obtained and no such subletting or assignment shall
relieve the contractor from the full and entire responsibility of his obligation under this
Agreement.
1.18. Removal of Materials:
1.18.1. It will be the responsibility of successful buyer to weigh the empty truck at the
weighbridge and produce the necessary weigh certificate so that the weight of the
empty truck will be deducted from the weight of the fully loaded truck.
1.18.2. In order to facilitate the Company to complete the transaction before 3.30 P.M. The
goods should be collected before 3.00 P.M. on any working day with prior
appointment with the concerned Department within the stipulated delivery days.
1.18.3. Material must be removed by the buyer before stipulated time. Once the goods /
materials are taken out of the factory gate, buyer will be solely responsible for all sort
of claims like shortage, missing parts, damage, incident, accident, loss of material etc.
1.18.4. Once uplifted material left BPCL gate, BPCL should be indemnified with all kinds of
external effect, whatsoever may be.
1.18.5. Should the original buyer wish to take delivery of the material through a
representative, he must authorize the latter by a letter of authority or continuing
authority, which shall be presented to the officer concerned. The officer concerned
may in his entire discretion, decline to act on any such authority and it shall be for the
buyer to satisfy the officer concerned that the authority is genuine. Delivery to such
person shall be sole responsibility of the buyer and no claim shall lie against the
Company on any account whatsoever, if delivery is offered to a wrong person.
1.18.6. All workmen employed by the buyer has to use personal protective equipment’s like
hand gloves, safety shoes, & helmets etc., while loading and unloading of the
material. Buyer has to make arrangement for these equipments before entering the
Refinery.
Page 17 of 38
1.18.7. Workers entering the Refinery premises for uplifting the material will be required to
fill up personal particular form and complete other formalities as directed by the
office of the Asst. Commandant, CISF and/or any other concerned Govt. authorities.
1.18.8. The buyer has to ensure that his/their workers are covered under ESI/PF & submit
the proof to our IR department without which we will not be able to allow them inside
the Refinery.
1.18.9. Quantity is subject to the availability of material and BPCL’s ability to sell the same.
The material will be allotted to the buyer for uplifting strictly on “as is and where is
and clean sweep basis”. It is to be stated that the quantity mentioned above is only
indicative and there is no commitment whatsoever by us. BPCL does not and cannot
guarantee any specific quality of the material available for sale. The material is to be
lifted from site strictly on “as is where is & clean sweep” basis in its entirety
irrespective of the quantity allotted.
1.18.10. Only representative of the buyer authorized by the Company will be allowed for the
loading / handling of the material. However if the need arises for additional person,
the same may be allowed only at the discretion of the BPCL Management.
1.18.11. BPCL will in no way be responsible for any accident, damage or injury to the contract’s
workman or equipment while on site / premises. No claims for damages occurred due
to accidents at the time of inspection or at the time of Material lifting for men as well
as Machineries will be entertained.
1.18.12. Inspection must be done with prior appointment only.
1.18.13. Delivery of the material to be taken within the period given in our sale letter. Roaming
in the premises of the company, without permission, is strictly prohibited.
1.18.14. BPCL will allow only successful bidder to uplift the materials from the refinery
premises. No delivery would be effected by the Company to any person other than
the Buyer whose name is mentioned in the delivery order.. Under any circumstances,
BPCL will not permit the successful bidder to negotiate or sell the materials in any
lot or part of a lot to any other party while the goods are still lying within the premises
of the Company from inside the refinery premises.
1.18.15. The following also to be taken note of in this connection :
a) Lift & load all materials on trailer / truck using your own lifting equipments, cranes
and tools & tackles. All cranes, lifting equipment tools & tackles shall have latest
load testing certificates.
b) Clear the areas of all debris and waste materials on day-to-day basis and after
completion of all works.
c) No segregation of material will be allowed inside the refinery. Buyer shall lift the
material on “as is where is ” condition.
d) All scrap and associated material / debris shall be taken out by the buyer outside
the Refinery without giving rise to any complaints from municipal and other local
authorities. Buyer shall keep BPCL indemnified from and against any such
complaints.
1.19. Termination of Contract:
The Company reserves the right to terminate the contract at any time by giving three days
notice on any of the following grounds:
Page 18 of 38
a. Unsatisfactory execution or performance of the contract by the Buyer.
b. Improper behavior of the Buyer or breach of the terms and conditions of the contract.
c. Delay in more than 15 days in picking up of the deliveries of the material, after the sale
order has been accepted.
d. Misbehavior with any of the staff of BPCL.
e. Picking up any materials, which is not sold to them and found in their truck or Vehicle.
1.20. Workmen’s Compensation Liability
The contractor shall hold BPCL harmless and indemnified from and against all Claims, costs and
charges for which the company shall be liable under the Workman’s Compensation Act, 1923
and any amendments thereof and the expenses to which it shall put there under, both in respect
of personal injuries (within the meaning of the said Act) to be employees and servants of the
Contractor or Sub-Contractors, (if any), out of or occasioned during the currency of contractor,
sub-contractors and/or the company and/or their respective servants and employees and also
respect of the personal injuries (within the meaning of the said Act) to the servants and
employees of the company arising out of, or occasioned through the acts and omissions
whether due to negligence or not of the contractor, sub-contractor and or their servants and
employees in carrying out any of the provisions of this agreement. This indemnity shall be in
addition to and not in lieu of any indemnity to which the company shall be entitled in law. The
Contractor shall at his own expense effect and maintain, until the completion of the work, with
an approved office a Policy of Insurance in the joint names of the company and the contractor
against such risks and deposit such Policy or policies with the company from the time to time
during the currency of this agreement. The contractor shall be responsible for anything not
included in the Insurance Policies above referred to also for all other damage to person or
property, arising out of or incidental to the negligent or defective carrying out of this agreement
and shall keep the company harmless and indemnified.
1.21. Safety Regulation:
The contractor shall ensure that he, his sub- contractor and his, or their personnel or
representative shall comply with all safety regulations issued from time to time by the Company
or otherwise howsoever and should any injury resulting in death or not or damage to any
property occur as result of failure to comply with such regulations the Contractor shall be held
responsible for the consequences thereof shall keep the Company harmless and indemnified.
1.22. Jurisdiction
This agreement shall be deemed to have been made in Mumbai and shall be construed
according to the laws of India and the performance by the contractor of any contract on his
part therein contained shall be considered due in Mumbai for the purpose of jurisdiction
1.23. Arbitration :
1.23.1. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or
set off of the Company against the Contractor or regarding any right, liability, act, omission or
account of any of the parties hereto arising out of or in relation to this agreement shall be
referred to and finally resolved by Sole Arbitrator, who shall be appointed by Director
(Refinery) of BPCL as per the procedure given in sub-clause (b) given herein below.
Page 19 of 38
1.23.2. Procedure for appointing the sole arbitrator: A party wishing to commence an arbitration (the
“Claimant”) shall file with the Director (Refinery) of BPCL a Notice of Arbitration which shall
comprise:
i. a demand that the dispute be referred to arbitration;
ii. a reference to the arbitration clause or the arbitration agreement that is invoked and a copy
of it;
iii. a reference to the contract out of or in relation to which the dispute arises and where
possible, a copy of it;
iv. a brief statement describing the nature and circumstances of the dispute, specifying the
relief claimed and, where possible, an initial quantification of the claim amount.
v. any other details which the claimant wishes to refer and rely upon.
Upon receipt of the above notice of arbitration, the Director (Refinery) of BPCL shall appoint
the Sole Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996.
1.23.3. The venue of arbitration shall be Mumbai (in case of Mumbai Refinery) or Kochi (in case of
Kochi Refinery). The award of the arbitrator so appointed shall be final, conclusive and binding
on all parties to the agreement subject to the provisions of the Arbitration & Conciliation Act,
1996 or any statutory modification or re-enactment thereof and the rules made thereunder
for the time being in force shall apply to the arbitration proceedings under this clause.
1.23.4. The arbitrator shall have power to order and direct either of the parties to abide by, observe
and perform all such directions as the arbitrator may think fit having regard to the matters in
difference i.e. dispute, before him. The arbitrator shall have all summary powers and may
take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks
fit and shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act
1996 including admission of any affidavit as evidence concerning the matter in difference i.e.
dispute before him.
1.23.5. The parties against whom the arbitration proceedings have been initiated, that is to say, the
Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter claim or set
off before the Arbitrator in respect of any matter in issue arising out of or in relation to the
Agreement without seeking a formal reference of arbitration for such counter-claim, cross
claim, or set off and the Arbitrator shall be entitled to consider and deal with the same as if
the matters arising therefrom has been referred to him originally and deemed to form part of
the reference made by the Director(Refinery).
1.23.6. The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or
other technical person to assist him, and to act by the opinion so taken.
1.23.7. The arbitrator shall have power to make one or more awards whether interim or otherwise
in respect of the dispute and difference and in particular will be entitled to make separate
awards in respect of claims of cross claims of the parties.
1.23.8. The arbitrator shall be entitled to direct any one of the parties to pay the costs to the other
party in such manner and to such extent as the arbitrator may in his discretion determine and
shall also be entitled to require one or both the parties to deposit funds in such proportion to
meet the arbitrators expenses whenever called upon to do so.
Page 20 of 38
1.23.9. The parties hereby agree that the courts in the city of Mumbai (in case of Mumbai Refinery)
or Kochi (in case of Kochi Refinery) alone shall have jurisdiction to entertain any application
or other proceedings in respect of anything arising under this agreement and any award or
awards made by the Sole Arbitrator hereunder shall be filed (if so required) in the concerned
courts in the city of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery)
only.
1.24. INTEGRITY PACT (IP)
1.24.1. All bidders who are submitting their offer against this tender issued by BPCL, CPO-Refineries
are required to sign the BPCL Integrity Pact Document. The Proforma of Integrity Pact (IP)-
Annexure M shall be returned by the Bidder/s along with the bid documents (technical bid in
case of 2 part bids), duly signed by the same signatory who is authorised to sign the bid
documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return
the IP duly signed along with bid documents shall result in the bid not being considered for
further evaluation.
1.24.2. If the Bidder has been disqualified from the tender process prior to the award of the contract
in accordance with the provisions of the IP, BPCL shall be entitled to demand and recovered
from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions
of IP.
1.24.3. If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled
to terminate the contract according to the provisions of the IP, BPCL shall be entitled to
demand and recovered from Contractor Liquidated Damages amount by forfeiting the Security
Deposit/Performance Bank Guarantee as per provisions of the IP.
1.24.4. Bidders may raise disputes/complaints, if any, with the nominated Independent External
Monitor (IEM). The IEM's name, address and contact number is given below :
Shri Brahm Dutt
Address : 1/8 Safdarjung Enclave, New Delhi - 110 029.
E-mail : [email protected]
Mobile No. : 09871920282
1.25. POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:
1.25.1. The guidelines for holiday listing shall be applicable as per web link given below:
https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pd
Page 21 of 38
ANNEXURE F
TECHNICAL DETAILS OF SPENT CATALYST
Spent Catalyst from CCR (Continuous Catalytic Reforming) unit.
Sl.
No. Description Data
1 Catalyst type Axens CR-601
2
Approx. quantity of spent catalyst
containing Platinum after sieving -
Fines
(*)
7000 Kgs.
3 Approx. quantity of Platinum as per
fresh catalyst 17.50 Kgs.
(*) Quantity mentioned is approximate. Exact Quantity of Platinum based Catalyst will be ascertained
after sampling and weighment activities.
Page 22 of 38
ANNEXURE - G
FORMAT FOR UN-PRICED BID
“We have seen the lot/ lots described below, verified the quantity/material from Warehouse/ Site and
accordingly quote for the same”
Sr.
No.
Spent catalyst from
CCR Unit.
Sieved, sampled, weighed &
packed
PLATINUM
Content in Grams per Kg of
spent catalyst as per
bidder’s analysis
Expected Recovery in % as per
bidder’s analysis
(1) (2) (3)
1 SPENT CATALYST FINES
(AXENS - CR 601)
Bidder to quote in Figures
and words
Bidder to quote in Figures and
words
TABLE-B
CURRENCY : ______________
Sr.
No.
Spent catalyst from
CCR Unit.
Sieved, sampled, weighed &
packed
Fixed Premium / Discount per KG of Spent Catalyst
Indicate
Plus (+) or Minus (-)
as the case may be
Fixed Premium / Discount AMOUNT in
Quoted Currency per Kg of Spent
Catalyst
(1) (2) (3)
1 SPENT CATALYST FINES
(AXENS - CR 601) QUOTED / NOT QUOTED QUOTED / NOT QUOTED
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. _______________________
Page 23 of 38
Bidders are required to mention applicable/ not applicable against each of the points mentioned in Table
– C below:
TABLE-C
Sr.
No. Description
Applicable / Not
Applicable
Remarks (If mentioned as
Not Applicable, reasons to
be mentioned here)
1 Excise Duty @ 12.50% of basic price
2 Sales Tax (For Intra State Sale, VAT will be applicable. For Inter State Sale, CST will be
applicable. Bidders are required to strike out whichever not applicable)
2 (a) VAT Extra @ 12.5 % Basic price + Excise duty
(Without ‘C’ Form)
2 (b) CST Extra @ 2 % Basic price + Excise duty
(Against ‘C’ Form)
3
Income Tax-TCS @ 1 % of Basic price + Excise
Duty + Sales Tax (VAT/ CST) without Form 27C.
Income Tax-TCS will be NIL against Form 27 C.
VAT / TIN NO.: ______________________ PAN NO.: ___________________
Excise Registration No : ________________
“I/WE HAVE READ THE TERMS & CONDITIONS OF THIS TENDER & SAME ARE ACCEPTABLE
ME/US. ”.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. _______________________
Page 24 of 38
ANNEXURE - H
CALCULATION OF SALE PRICE OF SPENT CATALYST
Sale Price of the spent catalyst would be calculated, by adjusting the basic price quoted by the successful
bidder, with the difference in price of Platinum at the time of submission of quote vis-à-vis at the time
of issue of sale order. This will be calculated on the basis of platinum content in spent catalyst sample
and worked out as under:
Sale Order price =
(Spent Catalyst sale price per kg of Spent Catalyst x Net Wt of Spent Catalyst in Kgs)
Spent Catalyst Sale Order price per Kg of Spent Catalyst will be calculated as below :
(Platinum rate per Gram x Platinum Content in Grams per Kg of Spent Catalyst x Expected Recovery
%) +/- Fixed Premium or Discount per Kg of Spent Catalyst.
Platinum rates per Gram will be calculated by adjusting the Bid Submission Price of the successful
bidder to the Platinum prices prevalent at the time of issuing of sale order (average of 7 days’
LPPM Platinum prices ending one day prior to the sale order date would be considered for this).
8 days prior intimation shall be given before placing the sale order; the said 8 days shall be
considered as 8 consecutive working days for which LME prices are available, prior to the release of
sale order. This would be subject to the overall time limit of 60 days (from price bid opening date).
Average of LME Fix Platinum price per gram for the previous seven days ending one day prior to the
sale Order date will be calculated. Seven days shall mean consecutive seven days for which LME
prices are available. LME Platinum prices in USD per Troy Ounce (EURO/ Troy ounce for bidders
choosing to quote in EURO) would be converted to rate per Gram using conversion factor of I Troy
Ounce = 31.1035 grams. For comparative evaluation USD/ EURO would be converted to INR using
USD-INR / EURO-INR exchange rate prevalent at the time of sale Order, which would be considered
as the rate published by SBI (TT selling rate), applicable for one day prior to Sale Order date.
Platinum Content in Grams per Kg of spent catalyst, expected Recovery %, +/- Fixed Premium or
Discount per Kg. of Spent Catalyst will be taken from bidders’ quotation. Foreign bidders are
required to quote in USD or EURO.
Page 25 of 38
NOTES :
1. For calculating Average of LME Platinum Price, the daily LPPM Platinum Fix Price as published
in LME website (http://www.lme.com/metals/precious-metals/platinum/) would be
considered.
2. One day’s price would be the average of AM and PM Fix prices published for that day; in case
only AM or PM prices are published for a day, that published price would be taken as that days’
price.
3. Published LME Platinum price would be considered in USD/ EURO per Troy Ounce and would
be converted to USD/ EURO per Gram using conversion factor of I Troy Ounce = 31.1035 grams.
4. Price bid should be valid for placement of sale order within 60 days of price bid opening date.
5. LME rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the USD-
INR exchange rate published by State Bank of India (SBI- TT selling rate).
6. Bidder with the highest Total Bid Submission Price as calculated above would be the successful
bidder.
Page 26 of 38
ANNEXURE- I
SAMPLING PROCEDURE FOR SPENT CATALYST
The sampling shall be carried out in the presence of representatives of BPCL, and participating bidders.
The detailed sampling procedure which will be adopted for sampling purpose is listed below.
1. Tare weight of each empty drum shall be recorded prior to its filling with spent catalyst.
2. Each drum containing spent catalyst shall be numbered for identification.
3. The sieved spent catalyst (Fines) shall be filled to respective drums.
4. One jug of fines shall be removed from filled drums and for sampling.
5. Gross weight of each drum, containing spent catalyst Fines, shall be recorded.
6. Drum shall be sealed.
7. Fines collected from all the filled drums as at step 4.0 shall be mixed and heaped together.
8. With the method of coning and quartering, 1-4 kgs samples of spent catalyst shall be collected in
bottles and sealed. The number of 1-4 kgs samples of spent catalyst will be determined by the
number of parties participating in the bid.
9. The remaining fines shall be transferred to separate empty drums (previously weighed and
recorded). Total weight of the fines will be recorded.
10. From the above procedure following records will be obtained :
a) Empty weight for each drum (Step 1).
b) Gross weight of each catalyst filled drum (Step 2).
c) Net weight of fines for each drum (Step 3).
d) Total weight of catalyst filled drums (Step 4).
e) Total net weight of spent catalyst (Fines) (Step 5)
11. Distribution of samples for Platinum assay and record will be as follows :
• Samples of spent catalyst for each participating bidders.
• Samples of spent catalyst for BPCL analysis.
• Samples of spent catalyst for future reference, to be kept with BPCL.
12. Sample Quantities:-
Maximum of 4 kgs of samples for platinum recovery will be distributed to each participating bidder,
for carrying out platinum recovery.
NOTES:
1. Sieving activities have been already completed.
2. Sampling, weighment, packing and sealing of drums will be carried out in presence of attending
bidders.
3. Electronic balance with minimum of 0.01 kg accuracy shall be used for weighing.
4. After collection of fines in drums or sample containers, the weight for each drum/ container,
will be recorded and attested by BPCL and participating bidders.
5. Drums will be sealed thereafter.
6. All the samples collected shall be jointly sealed by BPCL and the participating bidders.
7. In case of any dispute, sample will be sent to an independent agency for analysis.
Page 27 of 38
Annexure-J
DEVIATION FORMAT :
DISPOSAL TENDER NO. CPO(R)/DISP/01/2016-17
E-TENDER No.15797
Sl.No. /
Annexure
Reference Clause of Tender
Document
Deviation
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 28 of 38
ANNEXURE- K
EXPRESSION OF INTEREST (to be submitted in bidder’s letter head)
Bidder’s Ref. No : Date :
To,
The General Manager, CPO-Refineries,
Bharat Petroleum Corporation Ltd.
Mumbai Refinery, Mahul, Mumbai – 400 074
Dear Sir,
This has reference to the newspaper advertisement in ……………………………………
dated………………………….. and the Tender details provided on your website for Disposal of Spent Catalyst
containing Platinum at BPCL-Mumbai Refinery (Your Disposal Tender No. CPO(R)/DISP/01/2016.
E-Tender no.15797).
We are interested in participating in the said disposal process on the terms stated in the Tender
document.
**Enclosed please find DD/ Pay Order bearing number ………………………. for an amount of Rs. 1,00,000/-
(One Lakh only) drawn in favour of Bharat Petroleum Corporation Limited payable in Mumbai.
**I/We confirm having deposited an amount of Rs. 1,00,000/- (One Lakh only) through electronic funds
transfer from ___________________________(Bank Name & Branch) – reference
no._______________________ dt.____________
**Strike out whichever is not applicable. Foreign bidders to mention amount in foreign currency
instead of amount in rupees.
Name of Bidder:
Address and contact details of bidder :
Excise Registration No : __________________
VAT No._______________________ ; Income Tax PAN : ______________________
Thanking You,
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 29 of 38
ANNEXURE - L
Format of Acceptance – cum - Registration form (to be submitted in the bidder’s Letter Head )
Bidder’s Ref. No : Date :
To:
The General Manager (CPO-Refineries),
Bharat Petroleum Corporation. Ltd.,
BPCL Refinery,
Mahul, MUMBAI – 400074.
Dear Sir,
Sub : Tender No: . CPO(R)/DISP/01/2016 (E-TENDER NO.15797) issued by CPO-Refineries, BPCL for
Disposal of Spent Catalyst containing Platinum at BPCL-Mumbai Refinery.
I/We confirm having gone through the terms and conditions and agree to take part in the subject at
BPCL, MUMBAI refinery on ‘AS IS WHERE IS BASIS’, “CLEAN SWEEP BASIS “ and “NO COMPLAINT BASIS”.
Having inspected the material and satisfied with the condition and type of the same, I/we also
understand that I/we am/are legally bound to purchase the material at the Price at which I/we place
the bid.
Name of the Company ____________________________________________
Contact Person(s) _____________________________________________
Designation _____________________________________________
Address _________________________________________
______________________________________________________
______________________________________________________
Phone/ Fax No. _________________ Mobile No. ________________________
E Mail ___________________________________________________
Central Excise Registration No:______________________________________
Page 30 of 38
Income Tax PAN No. _________________
VAT/TIN No._______________________
I understand that in the event of any of the above information being found in-correct/ in-complete, the
Participation shall be liable for cancellation by BPCL at any time and I/we shall not be entitled to any
claim for Refund arising from the same.
I /We hereby confirm having paid the required EMD, the details of which are furnished hereunder:
DD/PO NO. ______________ dated __________ issued by ___________________________________
(Bank Name & Branch) for _____________ (Amount).
Electronic Funds Transfer Ref.no.________________ dt._______________ from
__________________________________ (Bank Name & Branch) for ______________ (Amount).
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 31 of 38
ANNEXURE - M
BHARAT PETROLEUM CORPORATION LIMITED
Central Procurement Organisation (Refineries)
INTEGRITY PACT
Between
Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",
And
…………………………………………………………………………………………….. hereinafter referred to as "The Bidder/ Contractor/
Supplier".
Preamble
The Principal intends to award, under laid down organization procedures, contract/s for Tender for “DISPOSAL OF
SPENT CATALYST CONTAINING PLATINUM AT BPCL MUMBAI REFINERY” (CRFQ NO. CPO(R)/DISP/01/2016
(E-TENDER NO.15797). 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/
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.
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.
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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.
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.
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Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section
3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to
Earnest Money Deposit/Bid Security.
(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 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.
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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.
(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.
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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.
H.P. Panchal ……………………………
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 - N
PRICE BID SUBMISSION
Tender No. CPO(R)/DISP/01/2016, e-Tender No.15797
Item: SPENT CATALYST FINES CONTAINING PLATINUM FROM CCR UNIT OF BPCL MUMBAI
REFINERY.
Bidders are requested to fill the following data in our e-procurement portal.
1) Currency
2) +/- Fixed Premium or Fixed Discount per Kg of spent Catalyst, Indicate
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ANNEXURE - O
INFORMATION ON E-TENDERING PORTAL
1) The bidder is requested to download the tender from BPCL’s e-tendering website
https://bpcleproc.in and participate in the tender as per the instructions given above
and herein, on or before the due date and time of the tender. The tender available on
the BPCL website can be downloaded for reading purpose only. For participation in the
tender, please fill up the tender online on the e-tender system available on
https://bpcleproc.in.
2) For registration on the e-tender site https://bpcleporc.in, bidder needs to download the
Instructions to Vendors document from the site and read it. They shall select “Register”
and complete the “Bidder Registration Form” by filling in all the information correctly.
Kindly remember the login id (e-mail), password entered therein. After completing this
process, you will receive a system generated e-mail, click on the link and complete
balance Registration process.
3) As a pre-requisite for participation in the tender, bidders are required to obtain a valid
Digital Certificate of Class III and above as per Indian IT Act from the licensed Certifying
Authorities operating under the Root Certifying Authority of India (RCIA), Controller of
Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne
by the Bidder. In case any Bidder so desires, he may contact our e-procurement service
provider M/s. E Procurement Technologies Limited, (Contact Number +91 9099090830,
+91 7940016816) for obtaining the digital signature certificate. Please note that
generally, it takes 5 working days for obtaining a digital certificate after the submission
of all required documents / fees. Non availability of Digital Certificate shall be
considered as the bidder’s regret.
4) In case any corrigendum/amendment is issued after the submission of the bid by any
bidders, then such Bidders, who have submitted their bids, shall be intimated about the
corrigendum / amendment by a system-generated email. It shall be assumed that the
information contained therein has been taken into account by the Bidder. They have
the choice of making changes in their bid before the due date and time. No
communication other than the above will be circulated regarding Corrigendum /
amendment, if any.
5) Bidders are required to submit their bid online on or before the due date and time of
closing of the tender as depicted in this document. Bidders shall have to log on to the
website (https://bpcleproc.in) for submitting their bid. The system time (Indian
Standard Time - IST) that will be displayed on e-Procurement web page shall be the time
considered for determining the expiry of due date and time of the tender and no other
time shall be taken into cognizance. Bidders are advised in their own interest to ensure
that their bids are submitted in e-Procurement system well before the closing date and
time of bid. If the Bidder intends to change/revise the bid already entered, he may do
so any number of times till the due date and time of submission deadline. However, no
bid can be modified after the deadline for submission of bids. Once the entire process
of submission of online bid is complete, the Bidders are required to go to option ‘own
bid view’ through dashboard and take the print of the envelope receipt as a proof of
submitted bid.
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6) 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.
7) No manual bids / offers along with electronic bids / offers shall be permitted.
8) Once the PQ Bid / Technical (or) un-priced bids are opened, bidders can see the list of
Bidders who have participated in the bid by logging on to the portal under their user ID
and password and clicking on “Other Bids” view. Subsequently, in case the price bids
are opened in E Tendering platform, Bidders can see the rates quoted by all the
participating bidders using the same option.
9) No responsibility will be taken by BPCL and / or the e-procurement service provider for
any delay due to connectivity and availability of website. They shall not have any liability
to Bidders for any interruption or delay in access to the site irrespective of the cause. It
is advisable that Bidders who are not well conversant with e-tendering procedures, start
filling up the tenders much before the due date / time so that there is sufficient time
available with him/her to acquaint with all the steps and seek help if they so require.
Even for those who are conversant with this type of e-tendering, it is suggested to
complete all the activities ahead of time. It should be noted that the individual bid
becomes viewable only after the opening of the bid on/after the due date and time.
Please be reassured that your bid will be viewable only to you and nobody else till the
due date/ time of the tender opening. The non-availability of viewing before due date
and time is true for e-tendering service provider as well as BPCL officials.
10) 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.
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