Bharat Petroleum Corporation Limited, Mahul, Mumbai 400074 ... · Bharat Petroleum Corporation Limited, CPO (R), Mahul Mumbai 400074, India. CRFQ Number 1000272336 CRFQ Date 11.01.2017

Bharat Petroleum Corporation Limited, CPO (R), Mahul Mumbai 400074, India. CRFQ Number 1000272336 CRFQ Date 11.01.2017 E-Tender Number 20307

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Bharat Petroleum Corporation Limited, Mahul, Mumbai – 400074, India Central Procurement Organization Refineries

Tender for Supply of

Fresh Catalyst for DHDS unit in Mumbai Refinery, India.

Supply to be made at

Mumbai Refinery

Type of contract One time supply

CRFQ Number

1000272336

CRFQ Date

11.01.2017

Pre-Bid Meeting Date & Time

25.01.2017 10:00 HRS IST

Pre-Bid Meeting Venue

Bharat Petroleum Corporation Limited, Mumbai Refinery, Mahul, Mumbai 400074, India.

Tender Due Date

15.02.2017

Tender Due Time (IST)

11:00 HRS IST

E-Tender Number

20307

Contact Person’s Details (request for attending pre-bid meeting should also be sent to) Name: e-mail Telephone Number

Ms. Tabassum Das/ Mr. Rajendra V. Deodhar [email protected]; [email protected] +91 22 25533225, +91 22 25533031

mailto:[email protected]



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Index

Sr. No. Description Annexure Page Number

1

Global Notice Inviting Tender (NIT) A 3

2

Instructions to Bidders (ITB) B 4-17

3

Technical Specifications & Scope of Work / Supply

C 18-44

4

Price Schedule D 45-48

5

Agreed Terms & Conditions (ATC) E 49-54

6

Pro-Forma for List of Deviations F 55

7

Declaration of Holiday Listing G 56

8

General Purchase Conditions (GPC)

H 57-82

9

Integrity Pact (IP) I 83-87

10

Bidder’s Information J 88-90

11

Format of Bank Guarantee - EMD K 91-92

12

Bid Qualification Criteria L 93-94

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Annexure – A

Bharat Petroleum Corporation Limited, Mahul, Mumbai – 400074, India

Central Procurement Organization (Refineries)

Global Notice Inviting Tender

1. BPCL, CPO-R invites offers in “Two Bid System” i.e. “Un-priced Bid / Technical Bid” & “Priced Bid” through e-tendering portal https://bpcleproc.in, for the supply of fresh catalyst for DHDS unit in Mumbai Refinery.

Details of the tenders are available and can be downloaded from any of the following websites:

2. BPCL’s e-procurement platform https://bpcleproc.in

3. BPCL website www.bharatpetroleum.in Tenders View Tenders Select

Department CPO (Refineries).

4. Central Procurement Portal https://eprocure.gov.in Important: All updates, amendments, corrigendum etc. (if any) will be posted on the above websites as and when required. There will not be any publication of the same through newspapers or any other media.

Place: Mumbai. Date:11.01.2017 (CPO-R)

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https://bpcleproc.in/


http://www.bharatpetroleum.in/

https://eprocure.gov.in/


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Annexure – B Instructions to Bidders

1. Bids should be submitted in “TWO BID SYSTEM” i.e. “Un-priced Bid / Technical Bid” &

“Priced Bid” through e-tendering portal. Bids should be in complete accordance with tender documents.

2. Bidders are advised to read the Instructions for participating in the electronic tenders directly through internet and get conversant with the process of online submission of the tenders well in time so as to submit tenders by the due date.

3. All digitally signed documents required for the bid, shall be uploaded in the appropriate place in the E-Procurement web site. All the bids shall be evaluated from the inputs made by the bidders on the E-Procurement portal.

4. "Un-priced bid/Technical Bid” complete with all technical and commercial details other

than price shall be submitted. Accordingly, this shall contain the following:

a. Bidder’s covering letter with technical details / brochure of the material offered by the bidder.

b. These Instructions to bidders (Annexure B) duly signed & stamped in all pages in token of acknowledgement and acceptance.

c. Technical Specifications & Scope of Work (Annexure C) duly signed & stamped in all pages in token of acknowledgement and acceptance. Deviations if any to be indicated in Annexure “F”.

d. Price schedule (Annexure D) with an appropriate indication "Quoted/Not Quoted" instead of prices (both for catalyst & services) without mentioning values. Other information (as applicable) viz. Product name(s), Quantity/Quantities, Unit of Measure, Excise Duty Rate, Sales Tax/VAT rate, Octroi rate, Entry Tax rate, Service Tax, Withholding tax rate etc. to be filled in and submitted along with un-priced bid.

e. Agreed Terms and Conditions (Annexure E) duly filled in, signed and stamped in all pages. Deviations if any to be indicated in Annexure “F”.

f. List of Deviations to tender document (Annexure F). In case of no deviation “NIL” statement to be submitted in this format. Bidders to note that deviations mentioned elsewhere in the bid may not be taken into consideration by BPCL. BPCL reserves the right to accept or reject any of the deviations. In case any of the deviations taken by any bidder is not acceptable to BPCL, the same shall be taken up with bidder for withdrawal / modification of the deviation as deemed fit. In case the bidder declines to withdraw / modify the deviation as desired by BPCL, BPCL reserves the right to reject the offer at the techno-commercial evaluation stage itself.

g. Pro-forma of Declaration of Holiday Listing (Annexure G) duly filled in signed & stamped. In case the bidder is not holiday listed, then this annexure should be submitted with


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“NIL” remark in appropriate place. If this is (NIL remark) found to be untrue, BPCL will take appropriate action at techno-commercial stage itself and may reject the offer.

h. BPCL’s General Purchase Conditions (Annexure H) signed & stamped in all pages in token of acceptance and acknowledgement. BPCL’s General Purchase Conditions (GPC) is an essential part of this bid document. The terms & conditions mentioned therein, to the extent that they are applicable in the context of this procurement, shall hold good for this tender, in addition to the requirements, terms & conditions mentioned elsewhere in this tender document. Bidders to note that in case of any deviation / difference between GPC and tender document, the details in tender document shall prevail.

i. Integrity Pact Document, (Annexure I) duly filled in signed & stamped. The original copy of this shall be sent to Procurement Manager CPO (R), Bharat Petroleum Corporation Limited, Mahul, Mumbai 400 074, India. Offer without submission of IP is liable to be rejected.

j. Format for Bidder’s Information (Annexure J) duly filled in, signed and stamped. k. Bidders should meet all the Bid Qualification Criteria (Annexure L) and should upload all

supporting documents as indicated in this annexure. l. Copies of all addendums/corrigendum published against this tender duly signed and

stamped. m. Technical Data Sheet, Typical Sample Test certificate and Material Safety Data Sheet

(MSDS) in respect of product offered by the bidder and any other document in support of meeting the Technical Specifications as prescribed in this tender document.

n. Proof of sending EMD – Copy of DD/Pay Order/Bank Guarantee as the case may be, with proof of dispatch/delivery to BPCL CPO (Refineries), Mumbai. This is required to be submitted along with Technical bid.

o. MSE Vendor is required to submit the following documents along with the Technical Bid. a. Self-attested copy of all the pages of EM II certificate issued by the appropriate authorities mentioned in the Public Procurement Policy of MSEs – 2012. b. Vendor’s declaration / affidavit in their Organization/Company Letterhead, stating that in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted.

p. Any other document / information which bidder may like to submit can also be uploaded as a part of Un-Prices Bid / Technical Bid.

5. Priced Bid: Priced bid shall consist of Price Schedule as per Annexure - D, duly filled up without any condition and uploaded in the e-tendering portal in the relevant space. Actual price to be keyed in in online price bid provided in e-tendering platform. In case of Indian Bidder, the prices shall be quoted in INR only. In case of a Foreign Bidder, the prices shall be quoted in US $ or Euro only.

a. The quoted price shall be firm without any escalation and valid for placement of purchase order for the full contract period.


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b. Indian Bidder - The quoted rate of Excise Duty, Sales Tax if any, shall remain firm except when the rate is revised by Government / Statutory Authority. Increase in rate of Excise Duty on account of vendor’s turnover limits will not be payable by the purchaser.

c. The Excise Duty rate applicable shall be specified separately and the relevant tariff number shall be given in the bid document. Bidder to confirm that for claiming Cenvat Credit duplicate copy (transporter’s copy/applicable copy) of the invoice shall be submitted along with supply to the authorized person of the purchaser.

6. Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date & time. The date & time as displayed in the e-portal shall only be considered for this purpose.

7. BPCL shall not be responsible for any delay in uploading of your offer.

8. Bidder should submit the offer through e-tendering portal only. Offer in any other form

(Paper Bid, e-mail, fax etc.) shall not be accepted.

9. Offer shall be valid for a period of 120 days from tender due date / extended due date for placement of order.

10. Bidder shall work out the quantity as indicated in Annexure “C” and submit the offer.

11. The rates quoted shall remain firm till the tenure of the contract.

12. In case of a foreign vendor, the order will normally be placed on FOB basis and the ocean freight as quoted by the bidder will be considered for evaluation purpose. In case BPCL decides to place order on CFR basis, then the Ocean freight payable shall be limited to the quoted amount and same shall be valid till the tenure of the contract period.

13. Tender Opening: The un-priced / technical bid shall be opened on scheduled due date

and time, through e-portal. Bidders, who have submitted their bids, can view / witness result of technical bid opening through the e-portal or their representative can witness the same in our office. In case bidder’s representative is attending the bid opening; please inform his/her name and mobile number to [email protected] for preparing the entry pass.

14. The date and time of opening priced bids shall be intimated separately (through a

system generated mail) only to the bidders whose offers are techno- commercially acceptable and the price bids shall be opened through e-portal. Techno-commercially acceptable bidders can view / witness result of priced bid opening through the e-portal portal or their representative can witness the same in our office. In case bidder’s



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representative is attending the bid opening; please inform his / her name and mobile number to [email protected] for preparing the entry pass.

15. Payment Terms:

a. Supply of Material.

Indian Vendors: On receipt of Performance Bank Guarantee, 100% payment will be released within 30 days after receipt & acceptance of material and on submission of all the relevant documents including Original Invoice. Foreign vendors: On receipt of Performance Bank Guarantee, 100% payment will be made on submission of original documents directly to BPCL (Telegraphic Transfer) or through Bank (Cash against Documents) or through irrevocable letter of credit. All overseas bank charges shall be borne by vendor and Indian bank charges to BPCL a/c.

b. Payment for Services:

Payment for services shall be made within 30 days, after completion of job/PGTR and certification (if applicable) from BPCL Engineer. Per Diem charges if applicable within 30 days after completion of services.

c. Successful bidder (bidder) shall furnish a Performance Bank Guarantee (PBG) within 15

days from date of purchase order as per proforma enclosed, for a value 30% of the Total Order Value (cost of catalyst + services). The PBG should be valid for a period of 48 months from the date of purchase order + delivery period + claim period of six months thereafter. The bank guarantee is required to be sent directly to BPCL by supplier’s bank. In the case of Indian vendors, the Performance Bank Guarantee shall be given on a non-judicial stamp paper of appropriate value (currently Rs 100), and shall be from an Indian Scheduled Bank (i.e. recognized as a scheduled bank by Reserve Bank of India.). In the case of Foreign Vendors, PBG shall be from any one of the following:

a. Branches of Indian scheduled banks (recognized as scheduled bank by Reserve Bank of India) operating in their Country.

b. Foreign bank operating in their Country (this is to be counter guaranteed by branches of Indian scheduled banks operating in their Country/India.)

c. Indian branches of foreign banks (such branch should be recognized as scheduled bank by Reserve Bank of India).

d. Foreign bank operating in their Country counter guaranteed by their Indian branch (such branch should be recognized as scheduled bank by Reserve Bank of India.



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16. Commercial Evaluation:

a. The bids are invited on fixed price basis, the quoted prices in Indian Rupees (INR) for

Indigenous Supply and in Foreign Currency for Imported supply shall be considered for evaluation. For evaluation purpose, the quantities as indicated by the bidder will be considered and all quoted values would be converted to Indian Rupees at SBI TT Selling Rates on date previous to date of opening of price bid or the last available rate for comparison of quotes.

b. Loading for Taxes and Duties:

i. Indigenous supplies: Excise Duty: As quoted by the bidder (with excise tariff no.) wherever applicable & Sales Tax / VAT: wherever applicable shall be loaded extra. In case of VAT, if the Government Rule specifies that the VAT is applicable on all incidentals, then the offer will be evaluated accordingly, i.e. VAT will be applied on the value after adding all taxes, duties, charges etc.

ii. Imported supplies: Customs duty / Import Duty, other statutory duties as applicable shall be loaded extra.

iii. Services: Withholding tax as quoted by the bidder or as applicable, and Service tax at the applicable rate (if payable by BPCL) or as quoted by the bidder (when payable by vendor) would be loaded extra.

c. Loading for Transportation and clearing & forwarding:

For Indigenous Supply: Transportation charges quoted by the bidder to Mumbai Refinery site shall be loaded in price evaluation. For Imported Supply: Ocean freight from port of loading to destination port (Nhava Sheva) as quoted by the bidder shall be loaded for comparison.

d. Loading for Entry Tax / Octroi Charges

In case of indigenous bidders Octroi Charges: As quoted by the bidder shall be loaded extra. In case of foreign bidders, Octroi charges: As applicable shall be loaded extra.


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e. For Imported Supply: Loading of 0.25% shall be done on CIFR Value for Marine Insurance.

f. For Imported Supply: A loading of 3% on CIF value shall be done towards Port handling

& Clearance charges. Container de-stuffing charges if applicable would also be loaded extra.

g. Loading on account of deviation in commercial terms.

Payment terms: If any differential payment terms is offered by the bidder as against BPCL terms mentioned in this tender and same is accepted by BPCL, bidder shall be loaded at rate equivalent to benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of opening of price bid, calculated for the applicable period for the applicable amount. Any other charges as quoted by the bidder shall be loaded/added.

h. Cenvat Credit / Input Tax (VAT) Credit:

For Materials Portion : Cenvat Credit in respect of Excise duty / Cenvatable portion of Customs Duty and Input Tax credit in respect of VAT paid as per eligibility, would be deducted from gross value for the purpose of comparison. This is the net effective cost (net of Cenvat and input tax credit) for material.

For Service Portion: Cenvat Credit in respect of service tax, if any, as per eligibility of respective refinery, would be deducted from gross value for the purpose of comparison. This is the net effective cost (net of Cenvat and input tax credit) for services.

i. BPCL reserves the right to go for Reverse Auction (RA) instead of opening the electronic sealed priced bids submitted through e-portal, the decision for which will be taken after technical evaluation of the offers. In case BPCL decides to go for RA, the electronic sealed price bids will not be opened and tender will be decided on result of RA. In that case the date and time of RA as well as methodology of RA shall be intimated in advance to the technically acceptable bidders only. However, in case BPCL does not exercise this option of RA, successful bidder would be decided based on the quotes given in the electronic sealed price bids. As such bidders should submit their best prices in the electronic sealed price bid.

17. Award of Contract: After opening of price bids or based of the result of RA, as the case may be, the successful bidder for supply of material will be decided based on overall lowest net effective cost including taxes, duties, freight and other applicable charges / incidentals and after deducting the eligible CENVAT Credit / Input Tax Credit.


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Offers would be evaluated for net effective cost as under. A – Basic Price (As quoted in INR or as converted in INR) for material + services. B – Loading of applicable charges such as packing & Forwarding charges, Excise Duty

/ Customs, Import Duty, Sales Tax/VAT, Freight Charges and tax on freight charges if any, Octroi Charges, Insurance, Port Handling Charges, for services Withholding Tax + Service Tax, Loading on account of deviation if any and any other charge quoted by the bidder etc.

C – Net Effective Cost = [(A + B) – (Applicable Cenvat Credit + Applicable Input Tax

Credit)]. For supply + services to BPCL Mumbai Refinery the tender will be finalized by CPO (R). After finalization of the tender, CPO (R) will issue Letter of Acceptance (LOA) and / or Outline Contract (starting with number 46). Vendor is required to return copy of LOA and / or Contract to Manager Procurement CPO (R), having received the same. Subsequently a purchase order (call off / delivery schedule) will be issued by P & C S Department of Mumbai Refinery. Supplies shall be made against the purchase order (starting with number 45) and all future correspondence is required to be made referring the purchase order number only. All invoices will also be issued against the purchase order only.

Bidders who are MSE’s and MES’s owned by SC / ST shall be allowed purchase preference as per the Government Guidelines / Instructions on the subject in force from time to time. Bidders claiming purchase preference as MSE need to submit the following documents. Self-attested copy of all the pages of the EM-II certificate issued by the appropriate authorities mentioned in the Public Procurement Policy MSEs-2012 and Bidder’s declaration / affidavit in their Organization / Company Letter Head, stating that, in the event of award of contract, all the ordered supplies shall be made from the unit for which MSE certificate has been submitted. Original EM-II certificate to be produced for verification, if called for. BPCL reserves the right to split the order in accordance with the above purchase preference.


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18. Arbitration Clause:

a. Alternative – 1

Law, Arbitration and Jurisdiction. 1. Negotiation and Conciliation

The Parties shall endeavor to settle any dispute, difference, claim, counter-claim, question or controversy between the Parties arising out of, in connection with or in relation to this Agreement (“Dispute”) amicably between themselves, through negotiation.

2. Reference to Arbitrator

Any Dispute which the Parties are unable to resolve pursuant to Clause (1) within thirty (30) days of the written notification by one Party to the other of the existence of a Dispute shall be finally determined by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof.

All arbitration proceedings shall be conducted in English language. For the purpose of such arbitration, both parties shall in good faith explore the possibility of agreement on a Sole Arbitrator and in case of failure of such mutual agreement on Sole Arbitrator, each party shall appoint one arbitrator and both appointed arbitrator shall appoint third arbitrator. The Arbitral tribunal shall decide any such dispute or claim strictly in accordance with the governing law specified below. The arbitration shall be conducted in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996.

The venue of arbitration shall be Mumbai, India. The Award may include an award of costs. Each Party shall bear their respective expenses in relation to the arbitration and the eventual liability for the costs shall be in terms of the arbitral award.

Notwithstanding of arbitration in respect of such dispute, the parties shall continue to perform their respective obligations under this Agreement without prejudice to the final determination / Award in respect of such dispute.

3. Decision/ Award

Any decision or Award of the Arbitrator appointed pursuant to this clause shall be final and binding upon the parties.

4. Governing Laws/ Jurisdiction This Agreement shall be governed by and construed in accordance with Laws of India. Each of the Parties hereto irrevocably submits to the sole and exclusive jurisdiction of the Courts at Mumbai, India.


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b. Alternative – 2

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under LCIA India Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrator shall be three.

The seat or arbitration shall be Mumbai, India.

The language to be used in the arbitration shall be English.

The governing law of the contract shall be the substantive law of India.

c. Alternative – 3 Any dispute arising out of or in connection with this contract, including any question regarding is existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The Tribunal shall consist of ONE arbitrator. The language of the arbitration shall be English.

This contract is governed by the Laws of India.

19. General Points:

a. BPCL reserves the right to accept or reject any tender in part or full, without assigning any reason whatsoever and also to give purchase preference to Public Enterprises as admissible under the existing policies of Government of India and to JVs / Subsidiaries as per BPCL guidelines. It also reserves right to consider inflow of royalty to BPCL during evaluation of bids.

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

c. Offers and all correspondence must be in English language only. d. Cutting / Correction: All entries in the tender must be written in permanent ink or

typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable mistake should be neatly cut and re-written without over-writing and use of correcting fluid. All corrections should be duly signed by the Bidder.

e. Bidder shall accept the contract for all items or part thereof (as applicable) without any precondition on minimum value of contract / call off. Offer with precondition on this is liable to be rejected.

f. Each package shall be labeled indicating the Hazardous Nature, Brief Handling Procedure and Precautions to be followed.


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g. Test Certificate from the manufacturer for physical and chemical properties and laboratory analysis are required with each supply.

h. Material is required to be delivered in roadworthy/seaworthy/airworthy packing, as per delivery schedule informed to the vendor. Bidder to confirm that during emergencies, supply shall be made at a short notice on priority.

i. Bidder shall provide the necessary procedure for safe disposal of chemical in case of non-consumption and the method of disposal of drums / packages.

j. BPCL reserves the right to stop calling off material / cancel the order by giving 30 days’ notice in advance.

k. Bidder shall submit detailed information along with the offer regarding the direct / indirect impact of their product on people, equipment, environment and material etc. Material Safety Data Sheet to be submitted with the technical bid.

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

m. Bidder to confirm that free replacement shall be made in case the material supplied is rejected.

n. BPCL shall not be responsible for the expenses incurred by the bidder in submitting offer against this tender.

20. Earnest Money Deposit (EMD).

Indian Bidders are required to submit interest free EMD of INR 10,00,000.00 (Indian Rupees Ten Lakhs only). Foreign Bidders are required to submit interest free EMD of US $ 14,600.00 (US $ Fourteen thousand six hundred dollars).

Offers received without scanned copy of EMD document in the e-tender and EMD (Original DD / Bank Guarantee) physically not received within 7 days after “Technical Bid” opening date are liable to be rejected. The original EMD (DD/BG etc.) to be sent to Ms. Tabassum Das, Manager Procurement, CPO (R), Bharat Petroleum Corporation Limited, Mumbai 400 074, India. Exemption from paying Earnest Money Deposit. Unit(s) should be registered with National Small Scale Industrial Corporation Limited (NSIC) or with any of the Authorities specified under the Public Procurement Policy for MSE’s (DIC / KVIC / Coir Board / NSIC / Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME). The unit should be registered for the item tendered. The monetary limit, if any, indicated in the registration certificate should cover value of items ordered. Registration Certificate is valid for a period at least up to validity of the offer.


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Self-attested copy of valid relevant registration certificate should be submitted in support. Registration with D G S & D will not entitle a tenderer to claim above exemption.

a. Indian Bidder: EMD can be paid in the form of Bank Draft drawn in favor of Bharat Petroleum Corporation Limited & Payable at Mumbai. Alternatively the EMD can also be paid by Bank Guarantee (as per the attached format) executed by any Scheduled Bank approved by Reserve Bank of India as per pro-forma. The Bank Guarantee shall be valid for a period of six months from the due date of the tender. The bank guaranteed in lieu of EMD shall be furnished on non-judicial stamp paper of appropriate value not less than INR 100.

b. Foreign Bidders – EMD can be paid by Bank Guarantee (as per the attached format)

executed by any Scheduled Bank approved by Reserve Bank of India as per pro-forma. Bank Guarantee from any foreign bank is acceptable only if the same is countersigned by their Indian Branch (provided the Indian branch of foreign bank is recognized scheduled bank by Reserve Bank of India) or any scheduled Indian Bank. The Bank Guarantee shall be valid for a period of six months from the due date of the tender. The Bank Guarantee in lieu of EMD shall be furnished on non-judicial stamp paper of appropriate value, not less than INR 100.00 Alternatively the EMD can also be paid by Electronic Fund Transfer to BPCL’s Bank Account. The Bank Details are given below.

c. Copy of the Bank Demand Draft, Bank Guarantee, Electronic Fund Transfer details and

proof of dispatch to be uploaded along with un-priced bid. d. EMD of unsuccessful bidders will be released after complete evaluation of Technical Bid

/ Price Bid as the case may be. In case of successful bidder the EMD shall be released on receipt of performance bank guarantee.

e. Forfeiture of EMD – A bidder who has submitted their bid shall not be permitted to alter / amend or withdraw the bid, not-withstanding that the bid(s) has / have not yet been opened / finalized. A bidder who purports to alter / modify withdraw their offer after submission, within the validity of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed.

Beneficiary Name Bharat Petroleum Corporation Limited

Bank Name Standard Chartered Bank

Branch Address 90, M G Road, Fort, Mumbai-1

USD Account no 22205032520

Swift Code SCBLINBBXXX

BSR Code 6470036


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The Earnest Money deposited by successful bidder shall be forfeited if the successful bidder fails to honor the offer terms prior to ordering and Contractual terms after issuance of LOA / PO.

21. Integrity Pact (IP)

a. Bidders are to sign integrity pact (Annexure I ) and submit along with Technical bid

document. Bids without signed Integrity pact are liable for rejection. b. Pro-forma of Integrity Pact (IP) - Annexure I 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 authorized 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.

c. 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 recover from Bidder Liquidated Damages amount by forfeiting the EMD / Bid Security as per provisions of IP.

d. 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 recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the IP.

e. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address and contact number are Shri Brahm Dutt, A 1/8 Safdarjung Enclave, New Delhi 110029. Telephone - +91 9871920282, e-mail – [email protected]

f. All vendors who are submitting their offer against this tender issued by BPCL, CPO-Refineries are required to sign the BPCL Integrity Pact document as mentioned above.

22. Instructions to Bidders for e-Tendering

a. The bidder is requested to download the tender from BPCL’s e-tendering website

https://bpcleproc.in & participate in the tender as per the instructions given above & herein, on or before the due date & 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.

b. For registration on the e-tender site https://bpcleporc.in, bidder needs to download the User Instruction Manual from the site & read it. They shall have to select “Register” and complete the “Bidder’s Registration Form” by filling in all the information correctly. Kindly remember the login id (e-mail), password entered therein. After completing this process, system will generate an e-mail, click on the link and complete balance registration process.




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c. 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 (+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.

d. Corrigendum / amendment, if any, shall only be notified on the site https://bpcleproc.in and other two sites indicated above. In case any corrigendum / amendment is issued after the submission of the bid, then such Bidders who have submitted their bids, shall be intimated about the corrigendum/ amendment by a system-generated email. No written communication will be circulated. 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 & time.

e. 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 (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date & time of the tender & 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 & 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 & take the print of the envelope receipt as a proof of submitted bid.

f. 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 & time of submission has elapsed.

g. No manual bids/ offers along with electronic bids/offers shall be permitted. h. 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 & 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.

i. No responsibility will be taken by BPCL and / or the e-procurement service provider for any delay due to connectivity & 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



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available with him/ her to acquaint with all the steps & 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 & time is true for e-tendering service provider as well as BPCL officials.

j. BPCL and / or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages & 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.

k. In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies/ personnel:

l. For system related queries: (our e-tendering service provider – ETL) Contact: Mr. Satya, [email protected], Telephone: +91 9004014223 Mr. Ajay Nandangi, [email protected], Telephone: +91 22 25533128, +91 7208726400.

**********




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Annexure – C Technical Specifications & Scope of Work / Supply

BHARAT PETROLEUM CORPORATION LTD

MUMBAI REFINERY

TECHNICAL SPECIFICATIONS

&

SCOPE OF WORK

For


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DHDS CATALYSTS

INDEX

1. Important General Information

2. Introduction

3. Process Description

4. Feed Specification

5. Reactor Catalyst Bed Details

6. Catalyst Performance

7. Operating Constraints

8. Scope of Services

9. Schedule of Supply & Delivery

10. Evaluation Criteria

11. Guarantees

12. Penalties

13. Checklist


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Section 1: Important General Information

The technical specification is being released for procurement of suitable catalysts for DHDS unit in BPCL Mumbai Refinery.

The feed basis, terms of reference, product yields & qualities, general description, constraints definition, performance guarantees & penalties etc. follow in the subsequent sections of the note.

The Product yield pattern and Hydrogen consumption to be submitted with the technical bid.

Section 2: Introduction

2.1 Bharat Petroleum Corporation Ltd, Mumbai Refinery (hereinafter referred as BPCL MR) is a public sector undertaking of Govt. of India, Ministry of Petroleum & NG, located at the west cost of Maharashtra State, India. The Corporation is involved in the business of Crude oil Refining & Marketing of petroleum products.

2.2 BPCL MR has a Diesel Hydro Desulfurization Unit (DHDS). The unit was designed by M/s UOP for 4200 MT/D capacity & was commissioned in the year 1999. In 2010 the unit was revamped by M/s Haldor Topsoe A/S (HTAS) and the capacity was increased to 6000 MT/D. In 2013, unit was further revamped to 6600TPD and currently plant is operating at 7200 TPD. The unit is due for its scheduled turnaround in November 2017. BPCL MR intends to replace its DHDS catalyst in both the reactors during November 2017 turnaround. BPCL MR invites reputed DHDS catalyst suppliers to propose suitable catalyst for our requirement.

2.3 Technical Criteria: Please refer Annexure L (BQC) of tender document

2.4 Financial Criteria: Please refer Annexure L (BQC) of tender document

Section 3: Process Description

Feed ex storage is pumped to a feed surge drum (V01) through a series of feed filters. The feed is mixed

with recycle gas and preheated in feed bottom exchangers in two old & one new preheat exchanger

trains. Preheated feed from old trains is further heated in a vertically fired cylindrical balanced draft

furnace before entering old Reactor R01. Preheated feed from new train is further heated in another set

of exchangers with the old as well as new reactor outlet before it enters the new Reactor R101. Feed

entry in both the reactors is from top and recycle gases are used in between the three catalyst beds for

quenching purpose. Reactor effluent is cooled in the preheat exchanger train along with feed. Wash

water is injected to the reactor effluent before cooling it further to prevent salt deposition.


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Cooled reactor effluent is collected in a high pressure separator (V02) where recycle gas is recovered &

scrubbed with amine and recycled back to system by recycle gas compressor. Liquid effluent from V02 is

further heated to strip off H2S & lighter hydrocarbons with the help of MP steam in the product stripper.

Stripper overhead is further separated into stripper off gases & naphtha. After scrubbing with amine

they are routed to refinery fuel gas & MS blend component respectively. Product diesel from stripper is

further cooled & low moisture diesel diverted to HSD.

3.1 Battery limit conditions:

3.1.1 Incoming Streams:

Temperature, °C Pressure, kg/cm2g

Min. Norm. Max. Mech.

Design Min. Norm. Max. Mech.

Design

Process feeds

Feed: 34 40 65 120 7.1 10.9

Make-up Gas 35 45 120 19.5 22.2

Utilities

LP Steam Sat Sat 150 170 2.5 3.5 4.5 6.7

MP Steam 290 310 340 390 12.0 15.0 17.0 21.0

Wash Water 66 4.0

Boiler Feed Water 102 21.0

Cooling Water, supply 34 70 2.5 3.0 3.5 7.0

Refinery Fuel Gas 40 65 2.5 3.0 6.0 8.0

Nitrogen 34 65 4.0 5.0 6.0 10.5

Lean Amine 48 120 10.6 7.0 12.4

Instrument Air 40 65 5.0 6.0 7.0 10.5

Plant Air 40 65 5.0 6.0 10.5

3.1.2 Outgoing Streams:

Temperature, °C Pressure, kg/cm2g

Min. Norm. Max. Mech.

Design Min. Norm. Max. Mech.

Design

Products

Diesel Product 40 65 5.0 17.9

Wild Naphtha 40 6.0 15

Utilities


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Cooling Water, return 45 65 1.5 2.5 2.5 7

Effluents

Sour Water 52 120 5.0 44

Stripper Off-gas 40 120 5.4 7.6

Rich Amine 58 120 6.2 44

3.2 Furnace Fuel Gas Composition:

mol% wt wt% LHV

Hydrogen H2 35.69 72.09 3.59 1029

Ammonia NH3 0.00 0.00 0.00 0

Carbon Di oxide CO2 0.19 8.14 0.41 0

Carbon Monoxide CO 1.24 34.72 1.73 42

Oxygen O2 1.02 32.64 1.62 0

Nitrogen N2 8.01 224.28 11.16 0

Hydrogen Sulphide H2S 0.00 0.00 0.00 0

Water H2O 0.00 0.00 0.00 0

Methane CH4 19.12 305.92 15.22 1812

Ethane C2H6 10.26 307.80 15.31 1727

Ethylene C2H4 7.58 212.24 10.56 1204

Propane C3H8 6.67 293.48 14.60 1609

Propene C3H6 0.00 0.00 0.00 0

Propylene C3H6 4.86 204.12 10.16 1108

i Butane C4H10 3.66 212.28 10.56 1172

n Butane C4H10 0.00 0.00 0.00 0

i Butene C4H8 1.31 73.36 3.65 394

i Pentane C5H12 0.00 0.00 0.00 0

n Pentane C5H12 0.00 0.00 0.00 0

n Hexane C6H14 0.00 0.00 0.00 0


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C5+ 0.40 28.80 1.43 155

C6+ 0.00 0.00 0.00 0

100.01 2009.87 100.00 10253

3.3 Make-up Gas quality:

Hydrogen will be either from the two below source or mix of it.

Source 1: H2 from Hydrogen generation unit (HGU 2) is available of below composition.

Make-up Gas Composition Mole%

H2 99.5

N2 <500 ppm

C2+ 0

H2O <20 ppm

CO + CO2 <20 ppm

Chloride+ Chlorine < 1 ppm

CH4 Balance

Total 100

Source 2: H2 from CCR unit is also available of below composition.

Make-up Gas Composition Mole%

H2 99.99

Water <50 ppm

Chlorine+ chloride <1 ppm

CO + CO2 <20 ppm

Total 100

3.4 Amine Solution in Scrubbers:

Property Value

Composition DEA

Strength, % 18

Lean amine H2S loading, mole/mole 0.08

Rich amine H2S loading, mole/mole 0.53


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Section 4: Feed Specification

DHDS Unit feed comprises of low sulphur & High sulphur gas oils from Crude distillation units & cycle oils

from crackers. Unit Design Basis are as follows :

4.1 Unit Capacity:

Throughout capacity : 7200 MT/D

Stream Factor : For 4 years of continuous operation, 8760 hours per

year

Turn Down Ratio : 3000 MT/D

4.2 DHDS Feed Composition

Catalyst should be designed for both cases as under:

No Feed Stream

Description Design Case 1 Design Case 2

Flow % Flow %

1 FCCU Cycle oil,

Ton/day 360 5 -

2 CCU Cycle oil,

Ton/day 360 5 -

3 CDU3 HS HGO 360 5 -

4 CDU4 LS VD 1080 15.0 1080 15

5 CDU4 LS LGO 4824 67.0 5760 80

6 CDU4 LS Hotwell

Oil 144 2.0 144 2

7 CDU4 LS HK 72 1.0 216 3

Total 7200 7200


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4.3 Feed Properties: (design case)

Feed Stream

Description

FCCU

Cycle

oil

CCU

Cycle

oil

CDU3

HS

HGO

CDU4

LS VD

CDU4

LS LGO

CDU4

LS

Hotwell

Oil

CDU4

LS HK

Design

Case 1

Design

Case 2

Feed rate, ton/d 7200 7200

SG at 15 deg cel 0.8868 0.8913 0.8700 0.8563 0.8264 0.8164 0.8034 By

Blend

By

Blend

Sulphur, wt% 0.20 0.25 1.61 0.13 0.07 0.12 0.02 1.00 0.20

Total nitrogen, ppmwt 250 319 246 142 59 11 7 196 69

Bromine number,

g/100g 12.27 13.10 1.64 1.36 0.37 14.26 0.18 3.3 0.79

Total aromatics, wt%

Mono 26.3 22.3 10.5 12.6 12.4 17.6 14.9 18 By

Blend

Di 26.5 27.3 4.3 11.4 7.8 6.0 4.7 12 By

Blend

Tri+ 4.2 6.8 4.4 2.2 0.9 0.1 0.1 2 By

Blend

Aromatics distribution,

wt% 57.0 56.4 19.2 26.2 21.2 23.7 19.6 32

By

Blend

Flash point, °C By

Blend

By

Blend

Distillation, ASTM

D86(vol%)

IBP °C 115 141 130 251 153 69 161 By

Blend

By

Blend

05 % °C 207 198 243 267 194 117 178 By

Blend

By

Blend

10 % °C 219 212 283 272 212 133 182 By

Blend

By

Blend

30 % °C 245 245 333 287 250 167 196 By By


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Blend Blend

50 % °C 270 275 357 302 274 193 210 By

Blend

By

Blend

70 % °C 302 312 374 320 296 218 227 By

Blend

By

Blend

90 % °C 343 355 396 348 327 252 255 By

Blend

By

Blend

95 % °C 362 371 409 361 340 273 270 By

Blend

By

Blend

DP °C 372 382 421 370 347 296 285 By

Blend

By

Blend

Cetane Number 47 51

Total Sediments,

mg/100 ml 1.05 1.05

Moisture, ppm 500 500

Chloride, ppm

1 1

Notes:

HK Heavy Kerosene, LGO: Light Gas Oil, HGO: Heavy Gas Oil, VD: Vacuum Diesel

LS: Low Sulphur, HS: High Sulphur

Section 5: Reactor Details

DHDS has got two reactors namely R01 & R101. Reactor R01 was commissioned in 1999 & R101 was

commissioned in 2010. Both the reactors are constructed of 1.25 Cr / 0.5 Mo, based metal, with a 3 mm

internal lining of type 347 stainless steel. The material of construction for all internals is austenitic

stainless steel, either type 321 or type 347. Every Reactor is having 3 catalyst beds and 2 inter bed

quench zones. Reactor internal components are as follows:

Inlet diffuser: The reactor charge enters at the top of the reactor. The fluids have a high velocity which

must be dissipated prior to contacting the top vapour/liquid distribution tray. The inlet piping

configuration and high velocity imparts a centrifugal motion tending to direct the fluid toward one side

of the reactor. An inlet diffuser is inserted into the inlet nozzle to eliminate the asymmetric flow

pattern, reduce fluid velocity and distribute the liquid evenly across the liquid distribution tray.

The liquid distribution tray: Is located above the first bed. Optimum catalyst performance is achieved

through efficient contacting of the reactants and catalyst. With the presence of a liquid phase, a uniform

distribution of liquid over the surface of the catalyst bed is essential. Uniform distribution is achieved

using a liquid distribution tray designed to provide even radial distribution over the normal range of

process conditions. The tray is fabricated in sections and supported by beams and a ring on the vessel


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wall. Cylindrical riser with slotted caps are evenly spaced across the top of the tray. Liquid level is

maintained at an intermediate slot height where vapour and entrained liquid flow through an annular

space between the riser and the cap. The liquid then flows down the inside wall of the riser and is

deposited as a ring of droplets into the catalyst bed.

Quench Section: The reaction system is divided into multiple catalyst beds, with each bed separated by a

quench section. The quench assembly is designed to thoroughly mix the quench gas with the effluent

from the previous bed and redistribute the reactants uniformly over the top of the next catalyst bed.

The catalyst support grid is fabricated with Johnson profile wire and is supported by inverted "T" beams.

A layer of ceramic inserts separate the grid from the catalyst. Cold quench gas is injected through a

quench distributor directly below the support grid. The outlet collector sits in the bottom of the reactor

located directly over the outlet nozzle. The collector has opening that allow liquid and gas to filter

through while preventing catalyst or support from migrating out of the reactor. Several skin

thermocouples are installed along the reactor walls and catalyst bed providing temperature monitoring

points for the reactor walls and heads.

Catalyst vender to supply catalyst that could allow to operate minimum 4 years of continuous operation.

Also vender to indicate type of loading of catalyst either dense/ sock.

Catalyst Bed: Each Reactor has three beds of catalyst. The volume of the catalyst beds are as follows:

Bed Description R01 R101

First Bed Active catalyst Volume (m3) 28.009 39.072

Graded bed (m3) 7.026 7.488

Bed support (m3) 1.444 1.344

Second Bed Active catalyst Volume (m3) 53.226 69.504

Graded bed (m3) 1.444 1.440

Bed support (m3) 1.540 1.440

Third Bed Active catalyst Volume (m3) 82.871 107.472

Graded bed (m3) 1.540 1.536

Bed support (m3) 2.888 4.992

Other Reactor details:

Parameters unit R-01 R-101

Reactors in Series/Parallel Parallel Parallel

Inside Diameter mm 3500 3500

T-T Length mm 21000 27790

Inter bed Quench Bed 1/2 Yes/No Yes Yes


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Inter bed Quench Bed 2/3 Yes/No Yes Yes

Max Total quench gas rate Nm3/h 24700 24700

Max Quench rate Bed 1/2 Nm3/h 16000 16000

Max Quench rate Bed 2/3 Nm3/h 8700 8700

Temperatures, Reactor inlet/outlet

Mechanical Design oC 450 420

Pressures, Reactor inlet/outlet

Design Start-of-Cycle kg/cm2g 45.3/41.5 47.4/42.6

Design End-of-Cycle kg/cm2g 47.3/41.5 49.4/42.6

Max allowable delta P across reactor kg/cm2 5.8 6.8

Mechanical Design kg/cm2g 55 55

Section 6: Catalyst Performance

6.1 Catalyst Requirement

Catalyst type and quantity must meet the following requirements:

1. Catalyst should be fresh catalyst not the regenerated one. 2. Pre-sulfided catalyst shall not be provided. Suitable DMDS quantity to be specified in tender. 3. Catalyst to handle fresh feed rate as mentioned in Section 4. 4. Catalyst should have proven commercial performance in Refinery for minimum one year

successful operation by previous month of tendering month. 5. Naphtha product from DHDS must be suitable for MS. 6. Vendor to ensure that the available Emergency depressurising system in DHDS unit is capable

to handle any runaway reaction and RGC trip scenarios. 7. Radial spread across the bed at the SOR should be less than 5°C even at turndown. 8. Catalyst item descriptions and indicative volumes are given in Section: 5. It is to be noted

that above quantities are only indicative. Vendor to declare the quantities of each item, to meet the technical requirement of BPCL and order will be placed for the items & quantities as declared / suggested by the vendor. The catalyst proposal should consider the reactor bed volume & it should gel with existing reactor internals.

9. Catalyst should be compatible with DHDS preheat antifoulant chemicals. Catalyst vendor to provide the list of antifoulant chemical vendors whose chemicals are compatible to the catalyst. Also provide reference on similar treatment practiced in other DHDS unit .

10. Vendor to indicate Reactor inlet, bed inlet, bed outlet, outlet temperature and WABT of reactor R01 and R101.

11. It is preferable to have HDA (Hydro de aromatization) mode of operation for the cycle length of four years.


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6.3 Format for submission of yield pattern:

Vendors shall submit the yield pattern figures strictly as per the following format in the technical bid for

design case

All feed / products as % fresh feed

All distillation ranges are ASTM D86.

General Notes (for Section 6):

1. All yield pattern / material balance tables shall be strictly as per format given above in wt%. The yield pattern / material balance shall be sharp cut yields.

2. All yield pattern / material balance tables shall be submitted only in the technical bid. 3. H2S & NH3 yields will be as per stoichiometry, depending on the sulphur and nitrogen levels

feed. 4. All yield pattern / material balance numbers to be rounded off to 02 (two) places of decimal. 5. Error in material balance will be distributed based on the yield ratio. 6. Makeup hydrogen consumption shall not exceed 0.65 wt % fresh feed basis.

6.4 Product Quality

Desulfurised Diesel:

Feed Streams SOR EOR Product Stream SOR EOR

Wt% Wt% Wt% Wt%

Feed 100 100 H2S

Total H2 Consumption, Wt% NH3

Fuel gas

Naphtha (C5-160)

HSD (160+)

Total Total

Cycle Length, m3/kg


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Product quality Specifications

Density at 15°C,( kg/m3) 0.830 - 0.845

Sulphur content, wppm < 8

Cetane Number >feed CN by 3 min.

ASTM D86 Distillation T95 (°C) To be reported

Flash point, °C, min ≥ 66

Pour point, °C ≤ feed Pour point

Cu-corrosion < 1

Water content, ppmw To be reported

Poly-Cyclic Aromatic Hydrocarbon,

wt%

<11

Naphtha:

Product quality Specifications

Density at 15°C,( kg/m3) To be reported

Sulphur content, wppm < 8

Nitrogen, wppm <1

P/N/A To be reported

RON clear To be reported

MON clear To be reported

Reid vapor pressure, kg/cm2g 0.6

ASTM Distillation Deg C

IBP 56


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10% 83

30% 100

50% 111

70% 123

90% 135

End Point 149

Section 7: Operating Constraints

Present operating constraints in the DHDS unit are given below. All the vendors to note that their

technical offer should be commensurate with operation of their catalyst system within these operation

constraints while meeting the guarantees on yield, product quality, maximum allowable pressure drop,

cycle length and catalyst life.

7.1 Operating Constraints

Equipment Constraints Value/Units

DHDS Charge Heater, 120 F-01 Heat Released Maximum 8 GCal/hr

DHDS Charge Heater, 120 F-01 Heater Outlet

temperature

Maximum 335 deg C at EOR

DHDS R01 and R101 Outlet temperature Min 380 Cel at SOR.

DHDS reactor R01 Pressure drop

across beds

Considering reactor internals, max

allowable pressure drop across 1st,

2nd and 3rd bed is 1.9, 1.8 and 2.7

kg/cm2 respectively.

DHDS reactor R101 Pressure drop

across beds

Considering reactor internals, max

allowable pressure drop across 1st,

2nd and 3rd bed is 2.1, 2.1 and 3.4

kg/cm2 respectively.


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DHDS RGC & Heater Flow to Heater

passes

Considering the existing operating

condition, the maximum allowable

gas to oil ratio is 250 Nm3/m3.

Above constraints are considering equal distribution of feed in both the reactors during the cycle length.

Section 8: Scope of Services

Vendor shall provide following services

8.1 Scope of Services

i) Supply of catalyst with necessary supports & graded bed as required. Vendor to provide catalysts requirement for each type of catalysts / supports. BPCL has 1300 Kg of DC2532 (1.3 mm) and 650 kg of DN3630 (1.3 mm) catalyst from M/S Criterion procured during 2013. The catalyst is well kept in closed warehouse and BPCL is interested in using the same catalyst. Catalyst vendor to consider the quantity as free charge without affecting any guarantee and liabilities.

ii) Vendor to specify catalyst with minimum life of 4 years. iii) Vendor should provide operating parameters for the both the modes of operations (design

cases). iv) Vendor should assist by deputing expert during catalyst loading, start-up assistance and

Performance Guarantee Test Run activities. BPCL requires 20 on site days service (24 hrs basis) as part of catalyst proposal i.e.

a. 10 days round the clock backup for catalyst loading b. 5 days for start up / catalyst activation c. 5 days for PGTR.

Subsequent to the catalyst loading, vendor shall go back and come again during the start up

and catalyst activation. Above services must include all the travels, boarding, lodging,

transport and miscellaneous allowances. No other service charges will be provided. Vendor

shall submit detailed start-up and PGTR report. Time spent during transit will not be

considered by BPCL. Vendor to also quote per diem rate for services on 8 hours basis which is

to be used by BPCL on need basis for above on–site services, over & above the planned 20

days mentioned above. .

v) Vendor shall provide periodic evaluation of catalyst performance on quarterly basis for DHDS unit and offer technical assistance for trouble shooting arising in the unit till the catalyst is in use. Necessary data enabling the above will be furnished by BPCL.

vi) Regular specialist visits by vendor to the refinery (at least twice in a year) and perform test run of the unit are to be considered. Test run report is to be submitted with catalyst performance and plant limitation if any within 15 days of getting data and lab results. These services shall be part of proposal.

vii) Vendor shall provide necessary technical support in analyzing spent catalyst and related subject as desired by BPCL within two months.


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viii) Vender to study and suggest the suitable wash water dosing location and quantity of wash water required in preheat exchangers for sour diesel feed chloride content of 1 ppm. Suitable wash water nozzles design to be provided considering temperature profile based on the new catalyst, existing temperature profile is provided in Annexure 1. Exchanger’s metallurgy, pipelines’ metallurgy and exchangers’ schematic details are provided in Annexure 1.

ix) Catalyst supplier to consider 100 hrs of consultancy services for troubleshooting process related issues and providing engineering solution applicable during the period of 48 months of new catalyst cycle run. Accordingly per diem rate to be indicated.

x) Any other relevant services.

8.2 Data / Documents to be submitted with the offer

8.2.1 Following information shall be submitted as a part of the technical offer

a. Reactor wise catalyst offered : Name, Type, size, Density, Average bulk density, bed height, crushing strength, surface area, pore volume, Catalyst Pore Size Distribution, Attrition loss, Crushing Strength , Loss on Ignition @ oC, the properties of each catalyst with their standard method of measurement.

b. Vendor to specify both reactor inlet, outlet and WABT temperatures for SOR/ EOR condition. Also indicate catalyst deactivation rate at the design feed / quality.

c. Composition of each proposed catalyst – reactive metal content in catalyst etc. Vendor to also indicate the requirement of support balls, their specifications & quantities for each reactor. Vendor to provide the reactor loading diagram indicating catalyst grading & support balls.

d. Vendor to note that there will not be any handling losses. e. Catalyst prices to be quoted per KG in price bid. f. Vendor must quote catalyst quantity in KG only however equivalent m3 to be indicated in

technical bid. g. BPCL prefers Hydro treating catalyst is dense loaded. h. Vendor to ensure that maximum radial temperature spread across the beds shall be < 5 deg C. i. Catalyst should be able to handle turndown with fresh feed at 3000 TPD throughput without

impact on radial spread temperature. j. Cycle length of catalyst must be minimum 4 years. k. Vendor to indicate Catalyst shelf life l. Precautions to be followed during start-up / normal operation / upsets / turnarounds. m. Information regarding catalyst poisons. n. Catalyst packing, handling, storage, loading & unloading procedure. o. Detailed Catalyst Performance monitoring calculations/procedure. p. Catalyst reaction chemistry. q. Detailed Pre-wetting & Pre-sulfiding procedure. r. Reference list of units where the catalyst has been in operation (commercial experience).

Catalyst without the proven commercial experience is not acceptable. s. All necessary technical information or the operating parameters that affect the catalyst

performance i.e. SOR & EOR conditions with respect to temperature, temp rise, pressure drop, product yield, product quality etc.

t. Signed Statement of Deviations as per the Tender documents.


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u. Vendor to note that catalyst will be loaded at a time determined by BPCL. Guarantees will hold valid from the time whenever feedstock is introduced for the first time –Vendor to note & confirm.

v. Vendor to provide catalyst hand book (containing catalyst technical details) / Material Safety Data Sheet & manufacturers specification with the bid documents / Manufacturers certificate of analyses incorporating all properties given in the specifications for each batch supplied.

w. Catalyst / Catalyst support material to be packed suitably in air tight polyethylene bags in good condition / steel drums / sacks and placed on heavy-duty pallets.

x. Spent catalyst generated after EOR should be safe for disposal as per international Safety standards. Vendor shall specify the procedure.

y. Vendor to indicate the H2 requirement for the feed composition indicated & typical volume expansion of feed to product.

z. Vendor must stipulate any specific change required in operating procedure in case of unsuitability of the suppliers catalyst for the present operating philosophy.

aa. All conditions are to be filled by vendor in Checklist (Section 13). BPCL at its discretion may disqualify vendor who have not fully filled the checklist.

Section 9: Schedule of Supply & Delivery

Delivery must be made within 3 months from the date of LOI to FOB port of shipment.

Section 10: Evaluation Criteria

10.1 All specified guarantee conditions to be met (Refer Section 11). Evaluation will be done based on inputs provided in technical proposal including checklist filled by catalyst supplier.

10.2 Price Bid Evaluation Criteria : Please refer Instruction to bidder (ITB) Annexure B

Section 11: Guarantees

Catalyst supplied by the vendor shall be subjected to the following guarantee conditions: BPCL expects

following guarantees to be met by the catalyst manufacturer for fresh feed rate of 7200 MTPD for DHDS

unit. BPCL intend to have the yield guarantee up to cycle length on SOR & EOR conditions.

11.1 Yield Guarantees:

i) Naphtha yield must be ≤ 1.5 wt% and Diesel yield must be ≥ 98 wt% by Performance Guarantee Test Run (PGTR). PGTR will be conducted within four months of unit start up.

ii) Total Hydrogen consumption (Chemical & Solution) for DHDS must be less than 0.65 wt% of fresh design feed.

11.2 Product Quality Guarantees: Product diesel must meet following requirement :

i) Sulphur < 8 ppm ii) Flash > 66 degC iii) Cetane improvement min 3 nos. more than feed Cetane number. iv) Poly-Cyclic Aromatic Hydrocarbon, <11 wt%


Page 35 of 94

11.3 Turndown Guarantees:

The targeted guaranteed turndown value is 3000 TPD of feed for the unit. The turn-down test

run shall be for a period of twenty four hours on continuous basis of operation while producing

on-specification products during which period the feedstock to the unit is guaranteed feedstock.

Radial temperature spread across top and bottom of any bed shall be <5 degC. As per BPCL

prerogative, turndown capacity test run shall be carried out. However, it will be carried out

before or along with Performance Guarantee Test Run.

11.4 Catalyst life/Cycle length Guarantees:

i) Catalyst cycle length shall be minimum 4 years at design feed. ii) Maximum SOR / EOR reactor wise pressure drop considering constraints as given in

Section 5 and 7.1 iii) Vendor to specify both reactor inlet, outlet and WABT temperature for SOR/ EOR

condition. Also indicate catalyst deactivation rate at the design feed / quality.

Section 12: Penalties

Following penalties shall be applicable in the event of mal-performance of the catalyst with respect to

expected life & guaranteed performance during the guaranteed life of the catalyst:

12.1 Yields:

Liability for reduction in products yield and Hydrogen consumption shall be as follows

i) Total naphtha yield: 2 % of total catalyst cost would be recovered for every 0.2 wt% or part thereof increase above guaranteed max. of 1.5 wt%. Example: If naphtha yield is 1.7 wt%, this means naphtha production is higher by 0.2 wt% and the recovery will be 2 % of total catalyst cost.

ii) Total Diesel yield: 2 % of total catalyst cost would be recovered for every 0.2 wt% or part thereof reduction below guaranteed minimum yield of 98 wt%. Example: If diesel yield is 97.8 wt%, this means diesel production is lower by 0.2 wt% and the recovery will be 2 % of total catalyst cost.

iii) Make up H2: 5 % of total catalyst cost would be recovered for every 0.1 wt% or part thereof additional H2 consumption (cumulative of chemical and dissolved) higher than guaranteed consumption of maximum 0.65 wt%. Example: If H2 consumption is 0.75 wt %, this means H2 consumption is higher by 0.1 wt% and the recovery will be 5 % of total catalyst cost.

iv) Total recovery on account of any one or more of the above three clauses will be subject to a maximum of 10% of total catalyst cost.


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12.2 Product Quality:

In case of not meeting any of the product quality parameters as per Section 11.2, penalty will be

as follows

i) 1 % of total catalyst cost will be recovered for sulfur being higher by 0.1 ppm above 8 ppm. For this purpose, SOR to EOR temperature shall be linearly apportioned across the cycle length i.e. sulfur reduction shall not be acceptable at the cost of temperature rise as predicted in the offer by the catalyst bidder. Example: If product diesel sulfur is 8.1 ppm, this means sulfur in product is higher by 0.1 ppm and the recovery will be 1% of total catalyst cost.

ii) 2 % of total catalyst cost will be recovered for every 1 degC lower flash than 66 deg C. Example: If product flash is 65 deg C, this means flash of product is lower by 1 deg C and the recovery will be 2% of total catalyst cost.

iii) 3 % of total catalyst cost will be recovered for every 1 unit drop in Cetane no. Example: If product Cetane number is 2 unit more than feed Cetane number, this means product Cetane is lower by 1 unit and the recovery will be 3% of total catalyst cost.

iv) Total recovery on account of any one or more of the above three clauses will be subject to a maximum of 10 % of total catalyst cost.

12.3 Turndown:

In case of not meeting turndown criteria based on design feed as per clause 11.3, 10 % of total

catalyst cost will be recovered.

12.4 Catalyst Life/Cycle length Guarantees:

The catalyst life will be evaluated during the cycle length. For any reduction in the life, the

replacement catalyst is to be provided by vendor free of cost. Replacement quantity to be

calculated as under:

Kg of catalyst replacement =

{(G x F) – A} x C

------------------------

(G x F)

Where

G = Total guaranteed life (4 years)

F = Design Feed for catalyst (MT/year)

C = Total kg of catalyst

A = Actual feed processed till failure (MT)


Page 37 of 94

12.5 Throughput Liability

For every 1% reduction by weight of feed processed during the cycle length, vendor shall pay

BPCL, 1% of total catalyst cost, up to maximum 10% of total catalyst cost.

12.6 Total Failure of Catalyst The catalyst is recognized as `total failure’, due to any of the following reasons

1. Product diesel Sulfur 10 ppm or above. 2. Product PCAH more than 11%. 3. Deactivation rate more than 100 % as specified by the vender. Example: Deactivation rate

specified by vendor is 0.8 deg C per month in tender document but actual deactivation rate is 1.6 deg C per month.

4. Naphtha yield increases more than 2.5 wt%. of fresh feed. 5. Diesel yield drop below 97 wt% of fresh feed. 6. Total Hydrogen consumption increases 0.2 wt% more than the guaranteed wt% as per

annexure 11.1. 7. High pressure drop due to low strength of catalyst even though feed parameters that

contribute to pressure drop such as metal content, CCR, moisture are within the design limits; restricts the continued operation of the unit below 7200 MT/D as per section 5 and 7.1.

PGTR will be carried out for 24 hours within 4 months of catalyst loading/ on-stream of

DHDS. PGTR report to be made/ finalized within 1.5 months post PGTR. If catalyst is

observed to be a ‘Total Failure’, Vendor will be given a maximum of one month from the

last date of PGTR report to correct the failure.

Vendor will be allowed to conduct one more PGTR after vendor confirmation on

rectification of failure noticed within one month. PGTR report to be made/ finalized

within 1.5 months post PGTR. If second PGTR also proves to be unsuccessful then the

catalyst will be declared a ‘Confirmed Total failure’. Vendor being sole reason for failure

to conduct second PGTR within 2 months then it will be declared ‘Confirmed Total

failure’.

Vendor has to reimburse the Free On Board cost of entire catalyst within 30 days of

intimation from BPCL. Catalyst will be made available at refinery to the vender within 1

year from the date of declaration of Confirmed Total failure. No compensation will be

provided and vendor has to suitably make arrangement to take back catalyst from the

refinery premises and dispose it as per law of the land.

Note-1: Total Catalyst Cost: FOB cost of catalyst which is inclusive of graded bed, main catalyst and

support balls will be considered as total catalyst cost, for penalties.

Note 2: Maximum penalty is limited to 30% of Total Catalyst Cost under clauses 12.1, 12.2, and 12.3.

Penalty is based on PGTR.


Page 38 of 94

Section 13: Checklist

Sr.

No. Detail Vendors Input

1 Name of main catalyst

2 Type of main catalyst (Co Mo, Ni Mo etc)

3 Main Catalyst quantity (in kg and m3)

4 Dense/sock loaded main catalyst

5 Size of main catalyst in mm

6 Name of Grading catalyst

7 Type of grading catalyst (Ni Mo etc)

8 Quantity of grading catalyst (in Kg and m3)

9 Dense/ sock Loaded grading catalyst

10 Size of grading catalyst in mm

11 Type of Bed support (Ceramic, Alumina etc)

12 Size of Bed support in mm

13 Quantity of Bed support (In Kg and m3)

14 Reactor Inlet temperature SOR/ EOR

15 Reactor Outlet temperature SOR/EOR

16 WABT temperature SOR/EOR

17 Individual bed delta temp Deg C SOR/EOR

18 Chemical H2 consumption SOR/EOR, Nm3/m3

19 Total H2 consumption SOR/EOR , Nm3/m3

20 Mechanical & solution loss of H2 SOR/EOR,

Nm3/m3

21 Total H2 consumption SOR/EOR , wt %

22 H2 make up SOR/EOR , MT/d

23 Gas to oil ratio SOR/EOR


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24 Deactivation rate Deg C / month SOR/EOR

25 Delta pressure across the individual bed

SOR/EOR (Kg/cm2)

26 Reactor inlet / outlet pressure SOR/EOR

27 Feed and product Yield SOR/EOR as per Section

6.3

28 Vendor to indicate typical volume expansion of

feed to product SOR/EOR.

29 Provide the reactor loading diagram indicating

catalyst grading & support balls.

30 Reactor final space utilization - R01 bed 1,2,3 bed

height in meters

31 Reactor final space utilization - R101 bed 1,2,3

bed height in meters

32 Cycle length, months

33 Cycle length guarantee, months

34 Catalyst shelf life, years

35 Sulphiding chemical Name

36 Sulphiding chemical (DMDS) requirement, MT

37 Cetane number improvement and test method

38 Indicate supplier is process licensor or name of

the process licensor having tie up with suppler.

39

If tie up with process licensor then provide

consent letter from the concerned process

licensor

40

Provide at least one reference of satisfactory

performance of the offered catalysts for hydro-

treating units of minimum capacity 1.0 MMTPA.

Reference details including the copy of the

purchase order(s) shall be submitted as a part of

Technical Bid.


Page 40 of 94

41

Provide relevant data to determine steady

performance for one years of the plant using

proposed catalyst for plant having product Sulfur

less than 8 ppm and Reactor inlet pressure less

than 50Kg/cm2g.

42 Provide contact details (Name, Telephone Number & e-mail address) of reference customer(s) using proposed catalyst.

43 Provide operating parameters for the both the

design cases.

44 Vendor to submit detailed start-up, shutdown,

trouble shooting procedures.

45 Precautions to be followed during start-up /

normal operation / upsets / turnarounds.

46 Information regarding catalyst poisons.

47 Catalyst packing, handling, storage, loading &

unloading procedure.

48 Detailed Catalyst Performance monitoring

calculations/ procedure.

49 Vendor to provide their catalyst deactivation

details.

50 Catalyst reaction chemistry.

51 Detailed Pre-wetting & Pre-sulfiding procedure.

52

Reference list of units where the catalyst has

been in operation (commercial experience).

Catalyst without the proven commercial

experience is not acceptable.

53

Provide catalyst hand book (containing catalyst

technical details) / Material Safety Data Sheet &

manufacturers specification

54

Provide Manufacturers certificate of analyses

incorporating all properties given in the

specifications for each batch supplied.

55

Spent catalyst generated after EOR should be

safe for disposal as per international Safety

standards. Vendor shall specify the standard.


Page 41 of 94

56 Validity of offer in days

57 Antifoulant vendors for preheat exchangers.

58 References of similar antifoulant in other DHDS

units.

59

Vender to study and suggest the suitable wash

water location and quantity of wash water

required in preheat exchangers for sour diesel

feed chloride content of 1 ppm. Suitable wash

water nozzles design to be provided.

60 Signed Statement of Deviations as per the

Tender documents

61

Catalyst will be loaded at a time determined by

BPCL. Guarantees will hold valid from the time

whenever feedstock is introduced for the first

time –Vendor to note & confirm.


Page 42 of 94

Annexure 1

DHDS PREHEAT EXCHANGERS

1. Feed Side (Shell side)

2. Effluent Side (Tube side)


Page 43 of 94

Temperature of effluent side (tube side) across the preheat exchanger

Design

SOR/EOR 1/2/2014 3/11/2015 31/08/2016

E108 Tube side

inlet 247/255 203 222 216

E108 Tube side

outlet 166/170 133 151 153

E109 Tube side

outlet 119/121 97 111 112

E04 Tube side

inlet 233/249 211 231 223

E04C Tube side

outlet 118/123 110/115 119/128 123/135

DHDS preheat exchangers Metallurgy detail:

E04CF E04ABDE E02AC E02BD E05

CHANNEL SA387 Gr 11

CL2

SA387 Gr 11

CL2

SA387 Gr 11

CL2+

SA240Gr347

CLAD

SA387 Gr 11

CL2+

SA240Gr347

CLAD

SA387 Gr 11

CL2

TUBES SA199 T11 SA199 T11 SA213 TP321 SA213 TP304 SA268TP410

TUBE SHEET SA336 F11CL2 SA336 F11CL2 SA336 Gr321 SA336 Gr321 SA336 F11 CL.2

E105 E104 E106 E108A E108BC E109

CHANNEL SA 387 Gr.11

CL.2 + SA 240

Gr. 321 CLAD

SA 387 Gr.11

CL.2 + SA 240

Gr. 321 CLAD

SA 387

Gr.11 CL.2 +

SA 240 Gr.

321 CLAD

SA387 Gr

11 CL2+

SA240Gr

321

SA387 Gr 11

CL2+

SA240Gr321

SA387 Gr 11

CL2+

SA240Gr321

TUBES SA213 TP321 SA213 TP321 SA213

TP321

SA213

TP321

SA213

TP321

SA213 TP321

TUBE

SHEET

SA965 f321 SA965 f321 SA965 f321 SA965

Grf321

SA965

Grf321

SA965

Grf321


Page 44 of 94

Note: Detailed list of metallurgy of all the DHDS exchanger is below.

Tubes side pipe line detail:

EXCHANGER E104

TUBE

INLET

E104

TUBE

OUTLET

E106

TUBE

OUTLET

E108B

TUBE

OUTLET

E108A

TUBE

OUTLET

AFTER

WASH

WATER

E109

OUTLET

METALLURGY D3M D3M D3M D3M D25D D47D D47D

MAT. SPEC. ASTM A312 TP 321 ASTM A 335 Gr. P11

EXCHANGER E02 TUBE INLET E02 TUBE

OUTLET

E05 TUBE

OUTLET

E04 TUBE

OUTLET

METALLURGY D3M D25D D25D D25D

MAT. SPEC. ASTM A312 TP 321 ASTM A 335 Gr. P11


Page 45 of 94

Annexure – D Price Schedule (Indian Bidder)

Offer reference number_______________________ Offer Date ______________ To: Procurement Manager CPO (R), Bharat Petroleum Corporation Limited,

Mumbai – 400 074, India. With reference to subject Number 1000____________, for supply of Fresh DHDS Catalyst to BPCL MR, we submit below our most competitive offer.

Sr. No.

Name of the Catalyst To be indicated in the Technical

Bid.

Quantity (Bidder to specify the

quantity)

Unit of Measure

Kg

Unit Rate per KG

INR

1

Quoted / Not Quoted

2

Quoted / Not Quoted

Bidder to add more rows if required.

Excise Duty

Tariff No. ____________

_____________%

Sales Tax / VAT For Supply to MR

_____________%

Freight Charges

Per Unit of Measure in INR For Supply to - MR

No rate shall be indicated here while submitting this annexure as a part of Technical Bid.

Quoted / Not Quoted

Octroi Charges

_____________%


Page 46 of 94

Service Charge on Octroi Charges

_____________%

Service tax on above (including CESS)

_____________%

Services Sr. No. Service Description Currency - INR

1 Fees for on-site technical assistance by deputing expert during catalyst loading, start-up and PGTR activities – lumpsum for 20 onsite days (24 hrs basis) i.e. 10 days round the clock back up for catalyst loading and 5 days for startup/ catalyst activation and PGTR report each (All inclusive i.e. including boarding, lodging, transport, & all misc. allowances etc.). Refer point

8.1 iv in annexure C

Quoted/Not Quoted

Service tax (including CESS) on above (%)

_____________%

2 Per hour consultancy charges for troubleshooting of process related issues (Maximum up to 100 hours). Refer point 8.1 ix in annexure C

Quoted/Not Quoted

Service tax (including CESS) on above (%)

____________%

3 Per diem rate for technical assistance services on 8 hr (All inclusive i.e. including boarding, lodging, transport, & all misc. allowances etc.)

Quoted/Not Quoted

Note 1: Item 3, Per diem rate over and above 20 days of services will not be part of evaluation of the offer and order value. It will be used on need basis.

Note 2: Prices to be quoted in UOM KG only in price bid however bidders to indicate equivalent M3 (Cubic meter) quantity in technical bid.

We have gone through the details of T & C of BPCL for this tender and we agree to abide by the same. Place & Date For _________________ Seal & Signature


Page 47 of 94

Price Schedule (Foreign Bidder) Offer reference number_______________________ Offer Date ______________ To: Procurement Manager CPO (R), Bharat Petroleum Corporation Limited,

Mumbai – 400 074, India. With reference to subject Number 1000____________, for supply of Fresh DHDS Catalyst to BPCL MR, we submit below our most competitive offer. Currency: US $ / EURO

Sr. No.

Name of the Catalyst To be indicated in the Technical

Bid.

Quantity (Bidder to specify

the quantity)

Unit of Measure

Kg

Unit Rate per KG

FOB Basis US $ / EURO

Freight Charges up to Nhava Sheva Port,

per Unit of Measure US $ / EURO

1

Quoted / Not Quoted

Quoted / Not Quoted

2

Quoted / Not Quoted

Quoted / Not Quoted

Bidder to add more rows if required.

Services Sr. No. Service Description Currency (US$/EURO/INR)

1 Service 1:Foreign Component Fees for on-site technical assistance by deputing expert during catalyst loading, start-up and PGTR activities – lumpsum for 20 onsite days (24 hrs basis) i.e. 10 days round the clock back up for catalyst loading and 5 days for startup/ catalyst activation and PGTR report each (All inclusive i.e. including boarding, lodging, transport, & all misc. allowances etc.). Refer point

8.1 iv in annexure C

Quoted/Not Quoted

2 Service 1: Indian Component Fees for on-site technical assistance by deputing expert during catalyst loading, start-up and PGTR activities – lumpsum for 20 onsite days (24 hrs basis) i.e. 10 days round the clock back up for catalyst

Quoted/Not Quoted


Page 48 of 94

loading and 5 days for startup/ catalyst activation and PGTR report each (All inclusive i.e. including boarding, lodging, transport, & all misc. allowances etc.). Refer point

8.1 iv in annexure C 3 Service 2:Foreign Component

Per hour consultancy charges for troubleshooting of process related issues (Maximum up to 100 hours). Refer point 8.1 ix in annexure C

Quoted/Not Quoted

4 Service 2:Indian Component Per hour consultancy charges for troubleshooting of process related issues (Maximum up to 100 hours). Refer point 8.1 ix in annexure C

Quoted/Not Quoted

5 Per diem rate for technical assistance services on 8 hr (All inclusive i.e. including boarding, lodging, transport, & all misc. allowances etc.)

Quoted/Not Quoted

Note 1: For service 1 and service 2, bidder can quote Indian as well as foreign component as the

case may be. Currency to be indicated accordingly (US$/EURO/INR).

Note 2: Item 5, Per diem rate over and above 20 days of services will not be part of evaluation of the offer and order value. It will be used on need basis.

Note 3: Prices to be quoted in UOM KG only in price bid however bidders to indicate equivalent M3 (Cubic meter) quantity in technical bid.

Note 4: Withholding tax considered in the offer is _____________ %/. The bidder to

indicate this rate and submit in Technical bid. In case the withholding tax is not indicated here, it will be taken as the quoted

price(s) exclude withholding tax and offer shall be evaluated by adding the applicable withholding tax as per the provisions of the bidding document.

Note 5: BPCL reserves the right to place order on FOB basis or CFR basis. We have gone through the details of T & C of BPCL for this tender and we agree to abide by the same.

Place & Date For _________________ Seal & Signature

***********


Page 49 of 94

Annexure – E

AGREED TERMS & CONDITIONS

(EACH POINT MUST BE CONFIRMED / NOTED / COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH TECHNICAL BID/UNPRICED BID)

Sr. No.

Tender Requirement Bidder’s confirmation / Acceptance / comments to be mentioned for each item

A TECHNICAL:

1 Confirm that you are a bona fide manufacturer of the tendered item and a proof of the same is submitted.

2 Confirm that you are meeting Bid Qualification criteria – (Technical Criteria) and required documents in support of the same have been submitted with Technical / Un-priced Bid.

3 Confirm that the offer has been submitted strictly as per the Tender Documents cum Offer Format.

4 Confirm that all pages of attached Technical Specifications have been submitted (duly signed and stamped) with Technical Bid.

5 Confirm that the physical and chemical properties of the material have been indicated in the quotation

6 a) Confirm that there is no technical deviation. The offered product is same as per tender specification.

b) In case of any deviation, confirm that the same has been indicated in Annexure “G”.

c) Confirm that any deviations / reservations / notes / comments etc, given elsewhere in the offer other than Annexure “G” may not be considered.

B COMMERCIAL

1 Confirm that you are meeting Bid Qualification criteria – (Financial Criteria) and required documents in support of the same have been submitted with Un-priced Bid.

2 Confirm that BPCL’s Integrity pact is duly signed and submitted by you as per requirement.

3 Indicate the quoted currency.

4 Indicate Country of Origin of goods offered.

5 Confirm that the prices are given strictly as per price schedule.

6 Details of Packing of goods offered.


Page 50 of 94

7 For Indian Bidders : Indicate basis of quoted prices. (Ex-Works / FOR Despatch point / FOR Destination / free delivery at site). Despatch Point

8 For Foreign Bidders: Confirm whether FOB and CFR prices have been indicated in the offer, with gateway port of exit. Indicate Gateway Port of Exit.

9 For Foreign Bidders: Charges to shipping agencies shall be borne by the vendor, if order is placed on CFR basis.

10 Indicate earliest firm delivery period. This shall be reckoned from the date of LOA / Purchase order / Call Off order issued by respective refinery’s P & C S Department. However, this should not be more than 3 months on FOB basis.

11 Confirm that the Prices shall be FIRM till complete execution of the order and shall not be subject to variation on any account.

12 Confirm that the quoted prices are valid for acceptance up to 120 days from the closing date of this enquiry.

13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended.

14 On award of contract, the quoted price as per order will be valid for supplies & Services till complete execution of the ordered quantity.

15 For Indian Bidders: If excise duty / Sales tax is presently not applicable, confirm whether the same will be borne by you in case it become applicable later. Also please give reasons for non application of ED / Sales tax.

16 For Indian Bidders: Wherever excise duty is applicable, whether proper excise document enabling BPCL to avail cenvat credit will be provided with supplies. Wherever supplier is an importer and is offering imported material, whether proper excise document as mentioned under Cenvat Credit Rules, enabling BPCL to avail cenvat credit of CVD+SAD amount will be provided with supplies –


Page 51 of 94

Bidder to confirm.

17 Wherever CENVAT CREDIT can be availed by BPCL, Excise duty shall be reimbursed by BPCL only after receipt of proper documents to avail CENVAT CREDIT benefit. -- Bidder to note & confirm.

18 Wherever supplier is an importer and is offering imported material, with CVD+SAD amount quoted separately, the said CVD+SAD amount shall be reimbursed by BPCL only after receipt of proper document to avail CENVAT CREDIT benefit for the said CVD+SAD amount. Bidder to note & confirm.

19 In case freight is claimed inclusive of any service tax amount, confirm whether you will mention the freight amount & service tax amount separately in the invoice, with service tax registration number under which the service tax on freight is paid by you.

20 The rates shall be inclusive of works contract tax wherever applicable.

Not Applicable

21 For Indian Bidders: Statutory variation in duties & taxes for the material to supplied, during contractual delivery period shall be to BPCL account. Any increase in the rate of tax beyond Contractual Delivery Date (CDD) shall be to vendor’s account. Any increase in the rates of duties & taxes beyond the contractual completion date or approved extended contractual completion date will be borne by BPCL to the extent CENVATABLE documents passed on to BPCL and BPCL is in a position to get the CENVAT claim from the authorities. However, the benefit of any reduction must be passed on to BPCL – Bidder to confirm above.

22 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.- Vendor to note

23 For Indian Bidders: Confirm that all Bank charges and Stamp Duties, if any, shall be borne by the bidder. For Foreign Bidders: Confirm that all bank charges & stamp duties overseas, if any, are included in the price and only bank charges/stamp duties, if any, in India to be borne by BPCL.

24 For Foreign Bidders: Confirm that all taxes, duties and levies of any kind up to port of shipment shall be borne by supplier.

25 Confirm acceptance of BPCL’s “General Purchase Conditions” (GPC).


Page 52 of 94

26

In case of deviation/ reservations etc., to BPCL’s GPC & any other tender conditions, confirm that the same has been given in separate Annexure G as desired. Bidders to note that deviations / reservations indicated elsewhere in the offer document may not be considered by BPCL.

27 Confirm acceptance of part order without any stipulation of minimum order value/quantity.

Not Applicable.

28 Confirm acceptance of repeat purchase order with the same rate and terms & conditions within 12 months from the date of original purchase order.

Not Applicable

29 Acceptance to price reduction for delay in delivery beyond contractually agreed schedule @ ½% of order value per week of delay or part thereof, subject to a ceiling of 5% of total order value as per clause in BPCL’s GPC.

30 The vendor shall keep sufficient stock to ensure un-interrupted supply. In case, there is any problem in the vendor’s plant/supply source, due to any reason, vendor shall supply the material from other manufacturer’s/sources with prior approval of BPCL, otherwise, BPCL will procure the material at Vendor’s risk and cost during the period. Bidder to confirm acceptance of this delivery requirement.

Not Applicable.

31 Payment terms: (Refer Annexure “B” for detailed payment terms). Supply of Material:

Indian Vendor – 100% payment shall be made within 30 days of receipt and acceptance of material at site and on submission of all the relevant documents including original invoice.

Foreign Vendor – 100% payment will be released by Cash Against Documents within 30 days of acceptance of material or through a letter of credit (30 days L/C – payable within 30 days from Bill of Lading). All overseas bank charges to vendor’s account and Indian Bank charges to BPCL account,

Services:

Payment for services relating to loading (including

equipment charges) & start up would be released after

completion of PGTR, Per-diem charges (if applicable) within

30 days after completion of the services.


Page 53 of 94

32 Performance Bank Guarantee (PBG): Refer Annexure “B” for details. Confirm that you will furnish PBG for 30% (Thirty Percent) order value of catalyst + services in the prescribed format as indicated in our GPC. In case the PBG is furnished by any foreign bank, the same shall be countersigned by Indian Branch of the Foreign Bank, which should be a scheduled bank as per Reserve Bank of India or by any scheduled bank. The PBG shall be valid for a period of 48 months from the date of contract + Delivery period + 6 months claim lodging period and shall be furnished within 15 days of purchase order. The PBG should be sent to us directly by your Banker. Offer without acceptance of this condition may get rejected.

33 Details of Earnest Money Deposit (EMD). Confirm that the offer is accompanied by EMD (as indicated in tender document) and a proof of same is submitted by you. Offer without EMD is liable to be rejected.

34 For Indian Bidders: If the items are covered under D G S & D rate contract, confirm that a copy of rate contract is enclosed with your offer.

35 Indicate relationship with any of our Directors.

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

37 You are requested to furnish the following information for e-payment: Name of the vendor/contractor party Account No. of the party Bank & Branch Name where the above account is maintained Type of account (current/saving/cash credit A/c) Branch code of the above bank branch – For Indian Bidders MICR code of the above branch. – For Indian Bidders


Page 54 of 94

SWIFT Code. – For Foreign Bidders.

38 For Indian Bidders: In terms of Section 8 of The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006, eligible bidders is requested to submit a copy of the relevant memorandum/ notification issued by authority notified by the State Government or Central Government and by medium enterprises with the authority notified by the Central Government, i.e. General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with micro, small and medium enterprises of the State Government or the Union Territory Administration., along with the offer for availing the privileges.

39 For Foreign Bidders: Direct offer without the intermediary of an Indian Agent only will be considered.

40 In the case of a bidder with a Non-resident status under Indian Income Tax provisions, the following to be confirmed :- Whether the bidder is having a permanent establishment in India; Whether the bidder is having an Indian Income Tax PAN Number. Whether a Tax Residency Certificate (TRC) under section 90(4) of the Income Tax Act, 1961, to facilitate remittances from India, will be submitted on award of contract; (Bidders with Resident Status may answer this item as “Not Applicable”)

41 Sample, Sample testing, Performance Guarantee Test Run and Penalty for failure will be as per tender terms and conditions.

42 I have downloaded the tender document from the site

indicated in the tender and have taken print out of the same

for submission. I hereby declare that no terms and

conditions / wordings / sentences have been changed or

modified by me in the tender document at the time of

submission of the tender.

Place: __________________ For and on behalf of Date: __________________ Signature & seal of the vendor

**********


Page 55 of 94

ANNEXURE - F

List of Deviations to the tender document:

SR. No. /

Annexure

Reference Clause of Tender Document Deviation

Place: For and on behalf of

Date:

Signature & seal of the vendor

**********


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ANNEXURE - G

PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING

In the case of a Proprietary Concern:

I hereby declare that neither I in the name of my Proprietary concern M/s. _________________ which is

submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor in any

partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday

list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated

below:

(Here give particulars of black listing or holiday listing and in absence thereof state “NIL”).

In the case of a Partnership Firm

We hereby declare that neither we M/s. _________________ submitting the accompanying Bid/Tender

nor any partner involved in the management of the said firm, either in his individual capacity or as

proprietor of any firm or concern have or has been placed on black list or holiday list declared by Bharat

Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:


In the case of Company

We hereby declare that we have not been placed on any holiday list or black list declared by Bharat

Petroleum Corporation Limited or its Administrative Ministry, except as indicated below:


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

Place: For and on behalf of

Date:


**********


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ANNEXURE - H

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


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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


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General Purchase Conditions

1. DEFINITIONS:

The following expressions used in these terms and conditions and in the purchase order shall

have the meaning indicated against each of these:

1.1. OWNER: Owner means Bharat Petroleum Corporation Limited (a Government of India

enterprise), a Company incorporated in India having its registered office at Bharat Bhavan, 4 & 6

Currimbhoy Road, Ballard Estate, Mumbai 400038 and shall include its successors and assigns

(hereafter called BPCL as a short form).

1.2. VENDOR: Vendor means the person, firm or the Company / Corporation to whom this Request

for quotation (RFQ)/purchase order is issued and shall include its successors and assigns.

1.3. INSPECTOR: Person/agency deputed by BPCL for carrying out inspection, checking/testing of

items ordered and for certifying the items conforming to the purchase order specifications..

1.4. GOODS / MATERIALS: means any of the articles, materials, machinery, equipments, supplies,

drawing, data and other property and all services including but not limited to design, delivery,

installation, inspection, testing and commissioning specified or required to complete the order.

1.5. SITE / LOCATION: means any Site where BHARAT PETROLEUM CORPORATION LTD. desires to

receive materials anywhere 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.


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2.3. In the case of imports, the relevant particulars of the import Licence shall be duly indicated in the

invoice and shipping documents as well as on the packages or consignments.

3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

The right to accept the tender will rest with the Owner.

4. LANGUAGE:

The Bid and all supporting documentation and all correspondence whatsoever exchanged by

Vendor and Owner, shall be in English language only.

5. Price:

Unless otherwise agreed to the terms of the RFQ, price shall be:

Firm and no escalation will be entertained on any ground, except on the ground of statutory

levies applicable on the tendered items.

6. TAXES AND DUTIES:

All vendors shall have VAT / CST/GST/Service tax registration in the concerned State and vendor

shall quote their TIN number in the quotation.

6.1. EXCISE DUTY:

6.1.1. Excise duty extra as applicable at the time of delivery within scheduled delivery period will be

payable by BPCL against documentary evidence. Vendor shall mention in their offer, the

percentage of excise duty applicable at present. Any upward variation in excise duty rates,

beyond the contractual delivery period, shall be to vendor’s account.

6.1.2. In case Excise Duty is not applicable at present : Excise duty due to change in turnover is not

payable. If applicable in future, the same will be borne by vendor.

6.1.3. Owner shall take CENVAT Credit on the material supplied for both excise duty and cess

component and accordingly Excise duty / Cess should be quoted separately wherever applicable.

Vendor shall ask the transporter of the goods to hand over the copy of excise invoice

(transporter’s copy) at the time of delivery of goods at owner’s site.

6.2. SALES TAX / VAT/GST:

6.2.1. Sales Tax as applicable at the time of delivery within scheduled delivery period will be payable

by BPCL. Vendor shall give details of local sales tax and/oror central sales tax currently


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applicable in their offer. The rates applicable for “CST without form C”, “CST with form C" and

“VAT” shall be clearly indicated.

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

invoice.

6.3 Service tax:

All vendors shall have service tax registration wherever applicable. BPCL may also claim CENVAT

Credit on service tax. The vendor should quote service tax separately, if applicable. Vendor shall

submit the TAX invoice. Vendor is required to furnish serially numbered and signed invoice / bill

/ challan containing the following details:

a) Name, address and registration number of the service provider

b) Name and address of person receiving taxable service

c) Description, classification and value of taxable service provided d) Service Tax Payable

6.4 FREIGHT AND OCTROI:

6.4.1 Freight: Firm freight charges to be quoted as indicated in the Tender documents. Freight shall be

payable after receipt of the Material(s) at the site, unless otherwise specified.

6.4.2. Octroi and entry taxes, if any, shall be invoiced separately and shall be reimbursed by BPCL at

actual after receipt of the Material(s) at the Site against the submission of original documentary

evidence for proof of payment of the related octroi and entry taxes, as the case may be.

6.5. NEW STATUTORY LEVIES:

All new statutory levies leviable on sale of finished goods to owner , if applicable are payable

extra by BPCL against documentary proof, within the contractual delivery period.

6.6 Variation in Taxes/Duties

Any increase/decrease in all the above mentioned statutory levies on the date of delivery during

the scheduled delivery period on finished materials will be on BPCL's account. Any upward

variation in statutory levies after contractual delivery date shall be to vendor’s account.

7. INSPECTION:

7.1. Materials shall be inspected by BPCL approved third party inspection agency if applicable before

dispatch of materials. However, arranging and providing inspection facilities is entirely vendor’s

responsibility and in no way shall affect the delivery schedule.

7.2. Scope of Inspection shall be as per RFQ. Our registered third party inspection agencies are

SGS/GLISPL/IRS/DNV/LRIS/EIL/TATA Projects/PDIL/ULIPL/RITES LTD/ITSIPL as amended time to

time unless otherwise specified in the Special Purchase Conditions.

7.3. Unless otherwise specified, the inspection shall be carried out as per the relevant standards /

scope of inspection provided along with the Tender Enquiry/Purchase Order.


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7.4. BPCL may, at its own expense, have its representative(s) witness any test or inspection. In order

to enable BPCL’s representative(s) to witness the tests/inspections. BPCL will advise the Vendor

in advance whether it intends to have its representative(s) be present at any of the inspections.

7.5. Even if the inspection and tests are fully carried out, the Vendor shall not be absolved from its

responsibilities to ensure that the Material(s), raw materials, components and other inputs are

supplied strictly to conform and comply with all the requirements of the Contract at all stages,

whether during manufacture and fabrication, or at the time of Delivery as on arrival at site and

after its erection or start up or consumption, and during the defect liability period. The

inspections and tests are merely intended to prima-facie satisfy BPCL that the Material(s) and

the parts and components comply with the requirements of the Contract. The Vendor’s

responsibility shall also not be anywise reduced or discharged because BPCL or BPCL’s

representative(s) or Inspector(s) shall have examined, commented on the Vendor’s drawings or

specifications or shall have witnessed the tests or required any chemical or physical or other

tests or shall have stamped or approved or certified any Material(s).

7.6. Although material approved by the Inspector(s), if on testing and inspection after receipt of the

Material(s) at the location, any Material(s) are found not to be in strict conformity with the

contractual requirements or specifications, BPCL shall have the right to reject the same and hold

the Vendor liable for non-performance of the Contract.

8. SHIPPING:

8.1 SEA SHIPMENT:

All shipment of materials shall be made by first class direct vessels, through the chartering wing,

Ministry of Surface Transport as per procedure detailed hereunder. The Foreign Supplier shall

arrange with Vessels Owners or Forwarding Agents for proper storage of the entire Cargo

intended for the project in a specific manner so as to faciliate and to avoid any over carriage at

the port of discharge. All shipment shall be under deck unless carriage on deck is unavoidable.

The bills of lading should be made out in favor 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 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


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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 authorized 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 AIRSHIPMENT:

In case of Air shipment, the materials shall be shipped through freight consolidator (approved by

us). The airway bill shall be made out in favor of BHARAT PETROLEUM CORPORATION LTD.

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)


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Bill of Lading 4 (including 1 original)

Invoice 4

Packing List 4

Freight Memo 4

Country of Origin Certificate 4

Third party inspection certificate 4

Drawing 4

Catalogue 4

Invoice of Third Party 4

for inspection charges whenever applicable.

9. INDIAN AGENT COMMISSION:

Any offer through Indian agents will be considered only after authorization mentioning them as

Indian agents, is received from Vendor. Indian agents commission if applicable will be payable

only in Indian currency. Indian agents should be registered with Directorate General of Supplies

and Disposals, Government of India and agency commission will be payable only after

registration with DGS&D, New Delhi.

10. ORDER AWARD / EVALUATION CRITERIA:

Unless otherwise specified, Order award criteria will be on lowest quote landed price basis.

Landed price will be summation of Basic Price, Packing & Forwarding Charges, Excise Duty, Sales

Tax, Freight, Inspection, Octroi, Supervision of Installation & Commissioning and other taxes &

levies, loading etc, if any, reduced by cenvat/vat credit as applicable.

11. CONFIRMATION OF ORDER:

The vendor shall acknowledge the receipt of the purchase order within 10 days of mailing the

same. The vendor shall sign, stamp the acknowledgement copy of the purchase order and return

the same to BPCL.

12. PAYMENT TERMS:


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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 Performance 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 documents-CAD) or through

irrevocable Letter of Credit.

12.3. Unless otherwise mentioned, the specified documents (All documents listed below (one original

and two copies)) should be submitted to originator of P.O. (the name and contact details of

whom are given in PO) and payments for despatches will be made by the originator of Purchase

Order.

a) Invoice

b) Excise invoice

c) The Lorry Receipt of the consignment

d) Packing list for the consignment

e) Third Party Inspector’s Certificate covering the invoiced Material(s)/ Release Note,

wherever applicable

f) Manufacturers Test/Composition Certificate, wherever applicable

g) Drawing(s)/Catalogue(s) covering the Material(s) , wherever applicable

h) Guarantee/Warranty Certificate(s), wherever applicable.

i) Original Receipt for Octroi/other statutory levies as applicable.

j) Performance Bank Guarantee as applicable.

13. GUARANTEE/WARRANTY:

13.1. Materials shall be guaranteed against manufacturing defects, materials, workmanship and

design for a period of 12 months from the date of commissioning or 18 months from the date of

dispatch whichever is earlier. Warranty for replacement of material / accessories should be

provided free of charges at our premises. The above guarantee/warranty will be without

prejudice to the certificate of inspection or material receipt note issued by us in respect of the

materials.

13.2. All the materials including components and sub contracted items should be guaranteed by the

vendor within the warranty period mentioned above. In the event of any defect in the material,

the vendor will replace / repair the material at BPCL’s concerned location at vendor’s risk and

cost on due notice.

13.3. In case, vendor does not replace / repair the material on due notice, rejected material will be

sent to the vendor on “Freight to pay” basis for free replacement. Material after rectification of


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defects shall be dispatched by the vendor on “Freight Paid” basis. Alternatively, BPCL reserves

the right to have the material repaired / replaced at the locations concerned, at the vendor’s

risk, cost and responsibility.

13.4. The Vendor shall provide similar warrantee on the parts, components, fittings, accessories etc.

so repaired and / or replaced.

14. PERFORMANCE BANK GUARANTEE:

14.1. Vendor will have to provide Performance Bank Guarantee for 10% of the basic value of purchase

order unless otherwise specified. This bank guarantee shall be valid (shall remain in force) for

guarantee period (as mentioned in the guarantee clause), with an invocation period of six

months thereafter. In the case of Indigenous vendors, the Performance Bank Guarantee shall be

given on a non-judicial stamp paper of appropriate value (currently Rs 100). PBG format is as per

Annexure I.

In case, PBG is not provided by the Vendor, 10% of the basic value shall be retained in lieu of

PBG, till the expiry of guarantee and claim period.

In the case of imports, the Supplier shall furnish the Performance Bank Guarantee (as per

Annexure I) through the following:

a) Branches of Indian scheduled banks operating in their Country. b) Foreign bank operating in their Country which is counter guaranteed by branches of Indian

scheduled banks operating in their Country/India. c) Indian branches of foreign banks. d) Foreign bank operating in their Country counter guaranteed by their Indian branch

However, in respect of c) and d) above, the Indian branch of foreign banks should be recognized

as scheduled bank by Reserve Bank of India.

14.2. If Vendor wants to submit the PBG at Contract level to avoid multiple number of PBG (i.e. PBG

issued against every purchase/call off order) then the validity of PBG will be calculated as

mentioned below:

14.2.1. Validity of PBG = Rate Contract Issue Date (Start Date of Rate Contract) + Rate Contract Period

(validity of Rate Contract) + Contractual Delivery Period of material + Contractual Guarantee

period + 6 month (for invocation / Claim).

15. PACKING & MARKING:

15.1 PACKING:

15.1.1 Packing shall withstand the hazards normally encountered with the means of transport


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for the goods of this purchase order including loading and unloading operation both by crane

and by pushing off.

In the case of imports, all equipments / materials shall be suitably packed in weather proof,

seaworthy packing for ocean transport under tropical conditions and for rail or road or other

appropriate transport in India. The packing shall be strong and efficient enough to ensure safe

preservance up to the final point of destination.

Raw/Solid wood packaging material of imported items has to be appropriately treated & marked

as per International Standard of Phytosanitary Measures (ISPM-15") for material originating

from the contracting countries to the International Plant Protection Convention or the members

of Food & Agriculture Organization. Material from non-contracting parties would have to be

accompanied by a phytosanitary certificate of the treatment endorsed. The Custom Officer at

Indian Port shall not release the material without appropriate compliance of the above

provisions w.e.f. 01.11.2004.

15.1.2 The packing specification incorporated herein are supplementary to the internal and external

packing methods and standards as per current general rules of J.R.A. Good Tariff Part-I. All

packaging shall be done in such a manner as to reduce volume as much as possible.

15.1.3 Fragile articles should be packed with special packing materials depending on the type of

Materials and the packing shall bear the words "HANDLE WITH CARE GLASS FRAGILE, DON'T

ROLL THIS END UP. THIS END DOWN," to be indicated by arrow.

15.1.4 Chemicals in powder form, catalyst, refractories and like materials etc. shall be packed in drums,

cans and tins only. However, Catalyst may be supplied in Jumbo bags.

15.1.5 The hazardous materials shall be packed in accordance with the applicable rules, regulations and

tariff of all cognizant Government Authorities and other Governing bodies. It shall be the

responsibility of the seller of hazardous materials to designate the material as hazardous and to

identify each material by its proper commodity name and its hazardous material class code.

15.1.6 All package requiring handling by crane should have sufficient space at appropriate place to put

sling of suitable dia (strength). Iron/Steel angle should be provided at the place where sling

marking are made to avoid damage to package/ equipment while lifting.

15.1.7 Item shipped in bundles must be securely tied with steel wire or strapping. Steel reinforcing

rods, bars, pipes, structural members etc. shall be bundled in uniform lengths and the weight

shall be within the breaking strength of the securing wire or strapping.

In the case of imports, for bundles the shipping marks shall be embossed on metal or similar tag

and wired securely on each end.

15.1.8 All delicate surfaces on equipment / materials should be carefully protected and printed with

protective paint/compound and wrapped to prevent rusting and damage.

15.1.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened to

the case bottom and shall be blocked and braced to avoid any displacement/shifting during

transit.


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15.1.10 Attachments and spare parts of equipment and all small pieces shall be packed separately in

wooden cases with adequate protection inside the case and wherever possible should be sent

along with the main equipment. Each item shall be suitably tagged with identification of main

equipment, item denomination and reference number of respective assembly drawing. Each

item of steel structure and furnaces shall be identified with two erection markings with

minimum lettering height of 15mm. Such markings will be followed by the collection numbers in

indelible ink/paint. A copy of the packing list shall accompany the materials in each package.

15.1.11 All protrusions shall be suitably protected by providing a cover comprising of tightly bolted

wooden disc on the flanges. All nozzles, holes and openings and also all delicate surfaces shall be

carefully protected against damage and bad weather. All manufactured surfaces shall be painted

with rust proof paint.

In the case of imports, for bulk uniform material when packed in several cases, progressive serial

numbers shall be indicated on each case.

15.1.12 Wherever required, equipment/materials instruments shall be enveloped in polythene bags

containing silicagel or similar dehydrating compound.

15.1.13 Pipes shall be packed as under:

a. Up to 50mm NB in wooden cases/crates. b. Above 50mm NB and up to 100mm NB in bundles and should be strapped at minimum three

places. c. Above 100mm NB in loose.

15.1.14 Pipes and tubes of stainless steel, copper etc. shall be packed in wooden cases irrespective of

their sizes.

15.1.15 Pipes with threaded or flanged ends shall be protected with suitable caps covers, before

packing.

In the case of imports, all pipes and sheets shall be marked with strips bearing progressive

number.

15.1.16 Detailed packing list in waterproof envelope shall be inserted in the package together with

equipment/materials. One copy of the detailed packing list shall be fastened outside of the

package in waterproof envelope and covered by metal cover.

15.1.17 The supplier shall be held liable for all damages or breakages to the goods due to the defective

or insufficient packing as well as for corrosion due to insufficient protection.

15.1.18 Packaged equipment or materials showing damage defects or shortages resulting from improper

packaging materials or packing procedures or having concealed damages or shortages, at the

time of unpacking shall be to the supplier’s account.

All packages which require special handling and transport should have their Centres of Gravity

and the points at which they may be slung or gripped clearly indicated and marked “ATTENTION

SPECIAL LOAD HANDLE WITH CARE” both in English/Hindi Languages.


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In the case of imports, a distinct color splash in say red black around each package crate /

bundle shall be given for identification.

15.1.19 Along with the packed material, supplier should attach material list, manuals/instructions and

also the Inspection certificate/release note, wherever applicable.

15.2. MARKING:

The following details to be written on the side face of packing:

a) Purchase Order Number

b) Vendor Name

c) Batch number with manufacturing date

d) Procedure (in brief) for handling

e) Date of dispatch etc.

15.3 Imported items:

On three sides of the packages, the following marks shall appear, clearly visible, with indelible

paint and on Vendor's care and expenses.

BHARAT PETROLEUM CORPORATION LIMITED

(With detailed address as given in Special Purchase Conditions)

From :

To : Bharat Petroleum Corporation Limited.

(With detailed address as given in Special Purchase Conditions)

Order no. Rev. no.

Item :

Equipment Nomenclature:

Net weight: Kg.

Gross weight: Kg.

Case Number ____________of Total cases_________

Dimensions:

Import Licence Number


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NOTE:

Marking shall be bold - minimum letter height 5 cm. For every order and every

shipment, packages must be marked with serial progressive numbering.

Top heavy containers shall be so marked either Top Heavy or Heavy Ends.

When packing material is clean and light colored, dark black stencil paint shall be acceptable.

However, where packaging material is soiled or dark, a coat of flat zinc white paint shall be

applied and allowed to dry before applying the specific markings.

In case of large equipments like vessels, heat exchangers, etc. the envelope containing the

documents shall be fastened inside a shell connection, with an identifying arrow sign

"documents" using indelible paint.

16. DELIVERY:

16.1. Unless otherwise mentioned, Vendor is requested to quote their best delivery schedule from the

date of receipt of Purchase order.

16.2. Time being the essence of this contract, the delivery mentioned in the purchase order shall be

strictly adhered to and no variation shall be permitted except with prior authorization in writing

from the Owner. Goods should be delivered, securely packed and in good order and condition,

at the place of delivery and within the time specified in the purchase order for their delivery.

16.3. The contractual delivery period is inclusive of all the lead time for engineering / procurement of

raw material, the manufacturing, inspection / testing, packing, transportation or any other

activity whatsoever required to be accomplished for effecting the delivery at the required

delivery point.

16.4. Unless otherwise specified, Material(s) shall not be despatched without prior inspection and/or

testing and Release Order/Material(s) Acceptance Certificate issued by the Inspector(s).

16.5. BPCL shall have the right to advise any change in despatch point or destination in respect of any

Material(s). Any extra expenditure incurred by the Vendor on this account supported by

satisfactory documentary evidence, will be reimbursed to the Vendor by BPCL.

17. UNLOADING AND STACKING:

Unloading and stacking will be arranged by BPCL. The Vendor shall send BPCL information of the

proposed consignment well in advance by telegram/fax/e-mail/courier to enable BPCL to take

necessary action.

18. TRANSIT INSURANCE:

Unless otherwise mentioned,

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


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18.2 In the case of imports, insurance against all marine and transit risk shall be covered under the

Owner's marine policy. However, the Vendor shall ensure that in effecting shipments clear bill

of lading are obtained and the carrier's responsibility is fully retained on the Carriers so that the

consignee's interests are fully secured and are in no way jeopardized.

18.2. The Vendor shall send BPCL information of the proposed consignment well in advance by

telegram/fax/e-mail/courier to enable BPCL to take necessary action for the transit insurance of

the consignment. Any failure by the Vendor to do so shall place the consignment at the Vendor’s

risk.

18.3. In the case of imports, as soon as any shipment is made, the Foreign Supplier shall send

advance information by way of Telex message to Bharat Petroleum Corporation Ltd., (with

detailed address as given in Special Purchase Conditions) giving particulars of the shipments,

vessels name, port of shipment, bill of lading number and date, total FOB and freight value.

19 VALIDITY OF OFFER:

The rates quoted against this tender shall be valid for a period of 90 Days from the date of

opening of the tender unless otherwise specified in the Special Purchase Conditions.

20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE:

20.1. The time and date of Delivery of Material(s) as stipulated in the Contract shall be adhered to on

the clear understanding that the Price(s) of the Material(s) has/have been fixed with reference

to the said Delivery date(s).

20.2. If any delay is anticipated by the Vendor in the delivery of the Material(s) or any of them beyond

the stipulated date(s) of Delivery, the Vendor shall forthwith inform BPCL in writing of such

anticipated delay and of the steps being taken by the Vendor to remove or reduce the

anticipated delay, and shall promptly keep BPCL informed of all subsequent developments.

20.3. The delivery period quoted must be realistic & specific. The inability of successful Vendors to

execute orders in accordance with the agreed delivery schedule will entitle BPCL, at its options,

to :

20.3.1. Accept delayed delivery at prices reduced by a sum equivalent to half percent (0.5%) of the basic

value of any goods not delivered for every week of delay or part thereof, limited to a maximum

of 5% of the total basic order value. LR date will be considered as delivery completion date for

calculation of price reduction in the case of ex works contract. Date of receipt of materials at

owners premises shall be considered for calculation of price reduction for F.O.R destination

contract.


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In the case of imports, the contractual delivery date shall be considered from the date of Letter of

Credit (L/C) or the date of L/C amendment because of Buyer’s fault plus one week (to take care of transit time for receipt of L/c) plus the delivery schedule as indicated by the vendors.

In case of the shipment taking place on “Cash against documents”, the contractual delivery shall

be taken from the date of purchase order plus one week (to take care of transit time for receipt of

order) plus delivery period. Further the date of B/L or House airway bill shall be considered to find out the delay with respect

to contractual delivery date. In case of FOB shipments if the vessel is not available then the

intimation by vendors regarding readiness of the goods for the shipment shall be considered for calculating the delay if any. So vendor shall inform the readiness of material for shipment on

FOB (Free on Board)basis / FCA (Free on Carrier) basis.

20.3.2. Cancel the order in part or full and purchase such cancelled quantities from elsewhere on

account at the risk and cost of the vendor, without prejudice to its right under 20.3.1 above in

respect of goods delivered.

21. RISK PURCHASE CLAUSE:

BPCL reserves the right to curtail or cancel the order either in full or part thereof if the vendor

fails to comply with the delivery schedule and other terms & conditions of the order. BPCL also

reserves the right to procure the same or similar materials/equipment through other sources at

vendor's entire risk, cost and consequences. Further, the vendor agrees that in case of

procurement by the owner from other sources the differential amount paid by the owner shall

be on account of the vendor together with any interest and other costs accrued thereon for

such procurement.

22. FORCE MAJEURE CLAUSE:

(A) Definition: The term “Force Majeure” means any event or circumstance or combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to

the terms of this Agreement (including by preventing, hindering or delaying such performance),

but only if and to the extent that such events and circumstances are not within the vendor’s

reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise

of reasonable skill and care. Force Majeure events and circumstances shall in any event

include the following events and circumstances to the extent they or their consequences

satisfy the requirements set forth above in this Clause:

(i) the effect of any element or other act of God, including any storm, flood,

drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;

(ii) fire, accident, loss or breakage of facilities or equipment, structural collapse or

explosion;

(iii) epidemic, plague or quarantine;


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(iv) air crash, shipwreck, or train wreck;

(v) acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged in

activities in furtherance of a programme of irregular warfare), acts of

belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of

military or usurped power, or any attempt at usurpation of power;

(vi) radioactive contamination or ionizing radiation;

(B) Notice and Reporting:

( i ) The Vendor shall as soon as reasonably practicable after the date

of commencement of the event of Force Majeure, but in any event no later than seven (7) days after such commencement date, notify

the BPCL in writing of such event of Force Majeure and provide the

following information:

(a) Reasonably full particulars of the event or circumstance of Force

Majeure and the extent to which any obligation will be prevented or

delayed;

(b) Such date of commencement and an estimate of the period of time

required to enable the vendor to resume full performance of its

obligations; and

(c) All relevant information relating to the Force Majeure and full details of

the measures the vendor is taking to overcome or circumvent such Force

Majeure.

(ii) The Vendor shall, throughout the period during which it is prevented from

performing from performing or delayed in the performance of, its obligations under this Agreement, upon request, give or procure access to examine the scene of the

Force Majeure including such information, facilities and sites as the other Party

may reasonably request in connection with such event. Access to any facilities or sites shall be at the risk and cost of the Party requesting such information and

access.

(C) Mitigation Responsibility:

(i) The Vendor shall use all reasonable endeavours, acting as a Reasonable and Prudent Person, to circumvent or overcome any event or circumstance of Force

Majeure as expeditiously as possible, and relief under this Clause shall cease to be

available to the Vendor claiming Force Majeure if it fails to use such reasonable endeavours during or following any such event of Force Majeure.

(ii) The Vendor shall have the burden of proving that the circumstances constitute valid

grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure.


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(iii) The Vendor shall notify BPCL when the Force Majeure has terminated or abated

to an extent which permits resumption of performance to occur and shall resume performance as expeditiously as possible after such termination or abatement.

(D) Consequences of Force Majeure. Provided that the Vendor has complied and

continues to comply with the obligations of this Clause and subject to the further provisions:

(i) the obligations of the Parties under this Agreement to the extent performance

thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for

the duration of the period of Force Majeure; and

(ii) the time period(s) for the performance of the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the

event of Force Majeure shall be extended for the duration of the relevant period

of Force Majeure except as provided herein.

(E) Force Majeure Events Exceeding 60 Days

(i) If an event or series of events (alone or in combination) of Force Majeure occur,

and continue for a period in excess of 60 consecutive days, then BPCL shall have

the right to terminate this agreement, whereupon the Parties shall meet to mitigate the impediments caused by the Force Majeure event.

23. ARBITRATION CLAUSE:

23.1 Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set

off of BPCL/Vendor against omission or on account of any of the parties hereto arising out of or

in relation to this Contract shall be referred to the Sole Arbitration of Director (Marketing) /

Director (HR) / Director (R) of BPCL as the case may be or to some officer of BPCL who may be

nominated by them.

23.2. In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the said

Directors of BPCL shall designate another person to act as an Arbitrator in accordance with the

terms of the said Contract/Agreement. The Arbitrator newly appointed shall be entitled to

proceed with the reference from the point at which it was left by his predecessor.

23.3. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the

Corporation and may be Share holder of the Corporation.

23.4. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties

to the contract and the law applicable to arbitration proceedings will be the Arbitration and

Conciliation Act, 1996 or any other enactment in replacement thereof.

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


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23.6. The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to

entertain any application or other proceedings in respect of anything arising under this

Agreement and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if

required, in the concerned Courts in the City of Mumbai alone. (legal)

24. INTEGRITY PACT (IP):

Vendors are requested to sign & return our pre-signed IP document, if applicable. This

document is essential & binding. Vendor's failure to return the IP document duly signed along

with Bid Document may result in the bid not being considered for further evaluation.

25. RECOVERY OF SUMS DUE:

Whenever, any claim against vendor for payment of a sum of money arises out of or under the

contract, the owner shall be entitled to recover such sums from any sum then due or when at

any time thereafter may become due from the vendor under this or any other contract with the

owner and should this sum be not sufficient to cover the recoverable amount of claim(s), the

vendor shall pay to BPCL on demand the balance remaining due.

26. CONFIDENTIALITY OF TECHNICAL INFORMATION:

Drawing, specifications and details shall be the property of the BPCL and shall be returned by

the Vendor on demand. The Vendor shall not make use of drawing and specifications for any

purpose at any time save and except for the purpose of BPCL. The Vendor shall not disclose the

technical information furnished to or organized by the Vendor under or by virtue of or as a

result of the implementation of the Purchase Order to any person, firm or body or corporate

authority and shall make all endeavors to ensure that the technical information is kept

CONFIDENTIAL. The technical information imparted and supplied to the vendor by BPCL shall at

all time remain the absolute property of BPCL. Imparting of any confidential information by the

Vendor will be breach of contract.

27. PATENTS & ROYALTIES:

The vendor shall fully indemnify BPCL and users of materials specified herein/supplied at all

times, against any action, claim or demand, costs and expenses, arising from or incurred by

reasons of any infringement or alleged infringement of any patent, registered design, trademark

or name, copy right or any other protected rights in respect of any materials supplied or any

arrangement, system or method of using, fixing or working used by the vendor. In the event of

any claim or demand being made or action sought against BPCL in respect of any of the

aforesaid matter, the vendor shall be notified thereof immediately and the vendor shall at

his/its own expense with (if necessary) the assistance of BPCL (whose all expense shall be


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reimbursed by the vendor) conduct all negotiations for the settlement of the same and/or

litigation which may arise thereof.

28. LIABILITY CLAUSE:

In case where it is necessary for employees or representatives of the Vendor to go upon the

premises of owner, vendor agrees to assume the responsibility for the proper conduct of such

employees/representatives while on said premises and to comply with all applicable Workmen's

Compensation Law and other applicable Government Regulations and Ordinances and all plant

rules and regulations particularly in regard to safety precautions and fire hazards. If this order

requires vendor to furnish labour at site, such vendor's workmen or employees shall under no

circumstances be deemed to be in owner's employment and vendor shall hold himself

responsible for any claim or claims which they or their heirs, dependent or personal

representatives, may have or make, for damages or compensation for anything done or

committed to be done, in the course of carrying out the work covered by the purchase order,

whether arising at owner's premises or elsewhere and agrees to indemnify the owner against

any such claims, if made against the owner and all costs of proceedings, suit or actions which

owner may incur or sustain in respect of the same.

29. COMPLIANCE OF REGULATIONS:

Vendor warrants that all goods/Materials covered by this order have been produced, sold,

dispatched, delivered and furnished in strict compliance with all applicable laws, regulations,

labour agreement, working condition and technical codes and statutory requirements as

applicable from time to time. The vendor shall ensure compliance with the above and shall

indemnify owner against any actions, damages, costs and expenses of any failure to comply as

aforesaid.

30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT:

In case the testing and inspection at any stage by inspectors reveal that the equipment,

materials and workmanship do not comply with specification and requirements, the same shall

be removed by the vendor at his/its own expense and risk, within the time allowed by the

owner. The owner shall be at liberty to dispose of such rejected goods in such manner as he may

think appropriate. In the event the vendor fails to remove the rejected goods within the period

as aforesaid, all expenses incurred by the owner for such disposal shall be to the account of the

vendor. The freight paid by the owner, if any, on the inward journey of the rejected materials


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shall be reimbursed by the vendor to the owner before the rejected materials are removed by

the vendor. The vendor will have to proceed with the replacement of the equipment or part of

equipment without claiming any extra payment if so required by the owner. The time taken for

replacement in such event will not be added to the contractual delivery period.

31. NON-WAIVER:

Failure of the Owner to insist upon any of the terms or conditions incorporated in the Purchase

Order or failure or delay to exercise any rights or remedies herein, or by law or failure to

properly notify Vendor in the event of breach, or the acceptance of or payment of any goods

hereunder or approval of design shall not release the Vendor and shall not be deemed a waiver

of any right of the Owner to insist upon the strict performance thereof or of any of its or their

rights or remedies as to any such goods regardless of when such goods are shipped, received or

accepted nor shall any purported oral modification or revision of the order by BPCL act as waiver

of the terms hereof. Any waiver to be effective must be in writing. Any lone incident of waiver of

any condition of this agreement by BPCL shall not be considered as a continuous waiver or

waiver for other condition by BPCL.

32. NEW & UNUSED MATERIAL:

All the material supplied by the vendor shall be branded new, unused and of recent

manufacture.

33. PURCHASE PREFERENCE CLAUSE:

Owner reserves its right to allow Public Sector Enterprises (Central/State), purchase preference

as admissible/applicable from time to time under the existing Govt. policy. Purchase preference

to a PSE shall be decided based on the price quoted by PSE as compared to L1 Vendor at the

time of evaluation of the price bid.

Owner reserves its right to allow Micro and Small Enterprises (MSEs) and MSEs owned by

Scheduled Caste (SC) or the Scheduled tribe (ST) entrepreneurs, purchase preference as

admissible/applicable from time to time under the existing Govt. policy. Purchase preference to

a MSE and a MSE owned by SC/ST entrepreneurs shall be decided based on the price quoted by

the said MSEs as compared to L1 Vendor at the time of evaluation of the price bid.


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34. CANCELLATION:

34.1. BPCL reserves the right to cancel the contract/purchase order or any part thereof through a

written notice to the vendor if.

34.1.1. The vendor fails to comply with the terms of this purchase order/contract.

34.1.2. The vendor becomes bankrupt or goes into liquidation.

34.1.3. The vendor fails to deliver the goods on time and/or replace the rejected goods promptly.

34.1.4. The vendor makes a general assignment for the benefit of creditors.

34.1.5. A receiver is appointed for any of the property owned by the vendor.

34.2. Upon receipt of the said cancellation notice, the vendor shall discontinue all work on the

purchase order matters connected with it. BPCL in that event will be entitled to procure the

requirement in the open market and recover excess payment over the vendor's agreed price if

any, from the vendor and also reserving to itself the right to forfeit the security deposit if any,

made by the vendor against the contract. The vendor is aware that the said goods are required

by BPCL for the ultimate purpose of materials production and that non-delivery may cause loss

of production and consequently loss of profit to the BPCL. In this-event of BPCL exercising the

option to claim damages for non delivery other than by way of difference between the market

price and the contract price, the vendor shall pay to BPCL, fair compensation to be agreed upon

between BPCL and the vendor. The provision of this clause shall not prejudice the right of BPCL

from invoking the provisions of price reduction clause mentioned in 20.3.1 as aforesaid.

35. ANTI –COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION:

The Competition Act, 2002 as amended by the Competition (Amendment) Act, 2007 (the Act),

prohibits anti- competitive practices and aims at fostering competition and at protecting Indian

markets against anti- competitive practices by enterprises. The Act prohibits anti- competitive

agreements, abuse of dominant position by enterprises, and regulates combinations (consisting

of acquisition, acquiring of control and M&A) wherever such agreements, abuse or combination

causes, or is likely to cause, appreciable adverse effect on competition in markets in India. BPCL

reserves the right to approach the Competition Commission established under the Act of

Parliament and file information relating to anti-competitive agreements and abuse of dominant

position. If such a situation arises, then Vendors are bound by the decision of the Competitive

Commission and also subject to penalty and other provisions of the Competition Act.

36. ASSIGNMENT

The Vendor can / does not have any right to assign his rights and obligations under these

general purchase conditions without the prior written approval of BPCL.


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37. GOVERNING LAW

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

38. AMENDMENT

Any amendment to these General Purchase Conditions can be made only in writing and

with the mutual consent of the parties to these conditions.

39. SPECIAL PURCHASE CONDITIONS

In case of a conflict between the clauses, terms and conditions of General Purchase Conditions

and Special Purchase condition, the clauses, terms and conditions of Special Purchase Condition

will have an overriding effect over General Purchase Conditions and the same shall be

applicable.

40. NOTICES

Any notices to be given hereunder by a Party to the other shall be in English and delivered by

hand or sent by courier or facsimile to the other Party at the address or facsimile number stated

below or such other address or number as may be notified by the relevant Party from time to

time:

BPCL

_______________________

_______________________

_______________________

Vendor

_______________________

_______________________

_______________________

Please sign & return all the pages of GPC as a token of your acceptance of all the terms & conditions

as mentioned above.


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PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,


---------------------------------

--------------------------------

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.


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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.

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

iv. This Guarantee /Undertaking shall not be determined by the liquidation or winding up ordissolution

or change of constitution or insolvency of the vendor but shall in all respects and for all purposes be

binding and operative until payment of all moneys payable to the Company in terms hereof.

v. The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee /

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended

by reason of any dispute or disputes having been raised by the vendor (whether or not pending before

any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or any other order of

communication whatsoever by the vendor stopping or preventing or purporting to stop or prevent any

payment by the Bank to the Company in terms hereof.


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vi. The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to

be paid to the Company by the vendor or as suffered or incurred by the Company on account of any

losses or damages of costs, charges and or expenses shall as between the Bank and the Company be

conclusive of the amount so liable to be paid to the Company or suffered or incurred by the Company,

as the case may be and payable by the Guarantor to Company in terms hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

**********


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ANNEXURE - I

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 Supply of Fresh Catalyst for VGOHDS unit

in Kochi Refinery. 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.

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.


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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.

Section 8 - Independent External Monitors


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(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.

……………………… ……………………………

For the Principal For the Bidder/ Contractor/

Supplier

Place: Mumbai Witness 1: ………………

(Signature/Name/Address)

Date: 11.01.2017 Witness 2: ………………

(Signature/Name/Address)


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ANNEXURE - J

FORMAT FOR BIDDER’S INFORMATION

1 Name of Bidder

2 Address for Communication

3 General contact details viz.

e mail address, telephone no., and fax no.

4 Whether bidder is a manufacturer OR

dealer/trader, for items under this tender

5 Type of Organisation:

Government Dept. / Public Sector

Undertaking / Public Limited Company /

Private Limited Company / Partnership /

Propreitorship / Others (Pl. specify)

6 Location of Registered Office , in the case of

Company

7 Residential status : Indian or Non-resident;

8 Indian Income Tax PAN Number:

(Note : In case where Indian Income Tax

Deduction at Source is applicable, non-


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availability of PAN Number will entail a higher

deduction)

9 In case non-resident, whether the bidder is

having any Permanent Establishment in India,

through which business transactions in India

are carried out.

10 IN CASE BIDDER IS A MANUFACTURER FOR ITEMS

UNDER REFERENCE:

10.1 Address of Factory:

10.2 Central Excise Registration Number(For Indian

bidders)

10.3 Service Tax Registration Number, if any (For

Indian Bidders)

10.4 Sales Tax / VAT / CST Registration

Number(For Indian Bidders)

11 IN CASE BIDDER IS A DEALER / TRADER / SERVICE

PROVIDER FOR ITEMS UNDER REFERENCE:

11.1 Central Excise Registration Number, if any(for

issuing Cenvatable invoice under Cenvat

Credit Rules) (For Indian Bidders)

11.2 Service Tax Registration Number, if any (For

Indian Bidders)


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11.3 Sales Tax / VAT / CST Registration Number

(For Indian Bidders)

12 CONTACT PERSON’S DETAILS:

12.1 Name & Designation

12.2 E-mail id

12.3 Telephone No.- Landline

12.4 Mobile Number.

12.5 Fax number

13 Average Annual Turnover of the business

14 Whether the bidder falls under the category

of Micro & Small Enterprises (MSE) as per the

MSME Policy of Govt. of India. If YES,

whether proof for the same enclosed with the

bid?

Place: __________________ For and on behalf of Date: __________________


**********


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ANNEXURE - K

PRO-FORMA OF BANK GUARANTEE

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)

FOR EARNEST MONEY DEPOSIT

To,

Bharat Petroleum Corporation Limited, CPO (R), Mumbai Refinery, Mahul, Mumbai 400 074 Dear Sir, M/s.____________________________ have taken tender for supply of __________________for Bharat Petroleum Corporation Limited. The tender conditions of contract provide that the bidder shall pay a sum of Rs. ______________(Rupees________) as earnest money deposit / initial / full security deposit in the form therein mentioned. The form of payment of earnest money / security deposit includes guarantee executed by Schedule “A” Bank, undertaking full responsibility to indemnify Bharat Petroleum Corporation Limited in case of default. The said ___________________have approached us and at their request and in consideration of the premises, we _____________ having our office at _____________have agreed to give such guarantee as hereinafter mentioned.

1. We _____________hereby undertake and agree with you that if default shall be made by M/s. _______________in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Limited, we shall on demand pay to you in such matter as to you may direct the said amount of Rs. _______________(Rupees________) only or such portion thereof not exceeding the said sum as you may from time require.

2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said ____________ and to enforce or to forbear from endorsing any power of rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect releasing us.


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3. Your right to recover the said sum of Rs.______________(Rupees________) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. ___________ and / or that any dispute or disputes are pending before any officer tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said ______________ but shall in all respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rs. _______________ (Rupees___________________________________________________). Our guarantees shall remain in force until _________________ unless a suit or action to enforce a claim under _____________Guarantee is filed against us within six months from ___________ (which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities thereunder.

6. We have power to issue this guarantee in your favor under memorandum and articles of association and undersigned has full power to do under the Power of Attorney dated _________granted to him/her by the Bank.

Yours faithfully, _________________Bank by its constituted attorney Sign on behalf of Bank (Signature of the person duly authorized to sign on behalf of the Bank) Name, Signature and seal of Bank

**********


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ANNEXURE L

1. Bid Qualification Criteria:

1.1 TECHNICAL CRITERIA:

1.1.1 The catalyst supplier should be a process licensor for Diesel Hydro Desulfurization (DHDS) unit. The supplier must be capable of providing catalyst performance guarantee and technical support for trouble shooting for DHDS unit for the stipulated period as indicated in the Technical Specifications.

Suppliers, who are not process licensors themselves, but have a tie up or an arrangement with any such process licensor for Diesel Hydro Desulfurization (DHDS) unit as on tender due date, can also quote. However, in such cases the supplier should produce a consent letter from the concerned process licensor to provide technical support for DHDS unit for the stipulated period as indicated in the Technical Specifications. This letter shall be submitted as a part of Technical Bid. The supplier must be capable of providing catalyst performance guarantee.

1.1.2 The bidder shall provide at least one reference of satisfactory performance of the offered catalysts for hydro-treating units of minimum capacity 1.0 MMTPA supplied after January 2010. Reference details including the copy of the purchase order(s) shall be submitted as a part of Technical Bid.

1.1.3 The offered catalyst(s) must have completed minimum one year successful

operation by previous month of tendering month and producing product diesel with less than 8 ppm sulphur for the DHDS plant at operating reactor inlet pressure of less than 50 Kg/cm2g. The catalyst supplier shall provide relevant data along with Technical Bid to determine steady performance for one year. Unit performance relevant data is required to be provided with technical bid.

1.1.4 In addition to above details, the bidder to provide contact details (Name, Telephone Number & e-mail address) of reference customer(s) using proposed catalyst.

1.1.5 BPCL-MR may at its discretion, seek the performance details of the supplier’s

catalysts from the end users with similar plants who are using the same catalysts, which are offered to BPCL-MR. In the event of non receipt of satisfactory performance feedback, the catalysts offered will be technically disqualified and offer will not be considered for further evaluation.


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1.2 FINANCIAL CRITERIA

1.2.1 The average annual turnover of the bidder during the preceding 3 (three) financial years should be at least Rs. 9.0 crores (Rupees nine crores) or US $ 1,314,830.00 (one million three hundred fourteen thousand eight hundred and thirty dollars) or EURO 1,218,425.00 (one million two hundred eighteen thousand four hundred and twenty five euro).

1.2.2 The net worth of the bidder as per the latest audited financial account shall be

positive.

The above (1.2.1 & 1.2.2) shall be supported by audited Profit and Loss statement and Balance sheet for the immediately preceding three financial years. Further, for bidders who have not finalized their books of account for the financial year 2015-16, evaluation of these criteria would be done for the immediately preceding three financial year(s) ending 2014-15 for which books of account has been finalized. Documents in support of bidder’s claim satisfying the above technical & financial criteria to be submitted along with the technical/unpriced bid.