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इंडियन ऑयल कॉर्पोरेशन डलडिटेि
(दडिण रू्पर्वी िेत्र र्पाइर्पलाइन्स)
भुर्वनेश्वर
INDIAN OIL CORPORATION LIMITED SOUTH EASTERN REGION PIPELINES
BHUBANESWAR
National e-TENDER: PRRM/18023
TENDER DOCUMENT FOR
SUPPLY AND INSTALLATION OF SOLAR STREET LIGHT FOR RCP/MOV STATIONS FOR BOUNDARY WALL
PERIMETER SECURITY FOR PRRPL Issued by
INDIAN OIL CORPORATION LIMITED (South Eastern Region Pipelines)
3rd Floor, Alok Bharti Tower,
Saheed Nagar, Bhubaneswar,
Odisha-751 007
(This document is meant for exclusive purpose of bidding against this specifications and shall not
be transferred, reproduced or otherwise used for purpose other than that for which it is specifically
issued)
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INDIAN OIL CORPORATION LIMITED
(South Eastern Region Pipeline, Bhubaneswar)
Tender No. PRRM/18023
INDEX
S. No. Subject Page Number
Section I
1. Cover Page 1
2. Index 2
3. Notice Inviting Tender (NIT) 3-5
4. Tender Enquiry 6-8
5. Form of Tender (Indigenous Bidder) 9-10
6. Commercial Check List (Indigenous Bidder) 11-12
7. Schedule of Inspection 13
8. Customers Reference 14
9. Declaration of Relationship with Directors of IOCL 15
10. Declaration of not being a black listed/ holiday listed Vendor 16-17
11. Proforma for Letter of Authority for Bid Negotiations and Signing 18
12. Proforma for Bidder’s Bank details on letter head 19
Section II
1. Instruction to Tenderers 20-35
2. Special Instructions to Tenderers 36-46
3. Instruction to Tenderers for participation in e-tender 47-49
4. General Conditions of Purchase 50-67
5. Special Conditions of Purchase 68-71
6. Proforma of Bank Guarantee (PBG) 72-73
7. Specifications & Summary of Requirements 74-75
8. Form Of Bank Guarantee In Lieu Of Earnest Money Deposit 76
Section III
1. Schedule of Rates (Details as per BoQ uploaded) 1 (Details as per BoQ
uploaded)
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INDIAN OIL CORPORATION LIMITED
SOUTH EASTERN REGION PIPELINES PARADIP RAIPUR RANCHI PIPELINE
3rd Floor, Alok Bharti Tower, Saheed Nagar, Bhubaneswar-751 007 (Odisha)
Notice Inviting Tender (TWO BID SYSTEM)
Offers are invited in two bids (Part-I: Techno-Commercial Bid & Part-II: Price Bid) from bonafide bidders for supply of following items:
1. Tender No PRRM/18023
2. Description of Material / Quantity Supply and Installation of Solar Street Light for RCP/MOV Stations for Boundary Wall Perimeter Security
3. Type of tender Open Tender
4. Start date for download of Tender 04.02.2019
5. Pre Bid Meeting Details NA
6. Last date for online bid submission 25.02.2019
7. Online bid opening date 26.02.2019
8. Earnest money Deposit (EMD)
The bidder shall furnish Earnest Money Deposit as detailed in the tender at the office of General Manager (T and T&I), Indian Oil Corporation Limited, South Eastern Region Pipelines, Paradip Raipur Ranchi Pipeline, 3rd Floor, Alok Bharti Tower, Saheed Nagar, Bhubaneshwar-751 007 (Odisha), before the tender opening schedule, as mentioned below:
Indian Rupees
38,200.00
For Indian Bidders: EMD shall be submitted online in e-tender portal or in the form of BG / e-payment (copy of e-payment receipt).
The detailed procedure for online EMD payment is available in the folder ‘Special Instructions to the Bidder for participating in e-Tender’ (Clause 8.0 & 9.0). EMD in form of Bank Guarantee is accepted only in case of EMD amount being more than Rs. 1 Lakh.
Entities exempted from submission of EMD: As per MSMED Act, 2006 (or erstwhile NSIC Registered Parties), Central / State PSUs and JVs of IOC.
9. Important Tender Conditions
(i) Annual Turnover
The bidder needs to submit Annual Turn Over Proof as mentioned below: The annual turnover of the bidder during any of the preceding 3 (three) financial years should be at least the value mentioned below:
Indian Rupees
22.91 Lakh
Turnover for this purpose should be as per the audited Balance Sheet of the tenderer. However, if the tenderer is not required to get its accounts audited under section 44AB of the income Tax Act, 1961, a certificate from a Practicing Chartered Accountant towards the turnover of the tenderer along with copy of its Income Tax Return shall be furnished.
(ii) Single Order Value (SOV)
The bidder needs to submit self-attested copies of PO along with proof of execution as mentioned below:
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The bidder should have successfully executed Purchase Orders (for similar item) during the last five years ending the start date for commencement of downloading (i.e. date as per row 4 of NIT) of this tender:
(a) One completed order for similar item costing (on landed cost basis) not less than the value mentioned below:
Indian Rupees
19.09 Lakh
OR (b) Two completed orders for similar items each costing (on landed cost
basis) not less than the value mentioned below:
Indian Rupees
15.27 Lakh
OR (c) Three completed orders for similar items each costing (on landed cost
basis) not less than the value mentioned below:
Indian Rupees
11.45 Lakh
The proof of execution of purchase order(s) shall be a self-attested copy of the purchase order(s), along with corresponding delivery challan/ excise duty invoice/ execution certificate from buyer/payment proof/inspection report issued by end user/ etc clearly indicating the purchase order reference and Qty/value.
The purchase order and execution certificate/proof should be in the name of the bidder only. Purchase order executed jointly will not be considered.
The single order value for completed job indicated by the prospective bidders shall be excluding Service tax if any. (Refer to Special Instructions to Tenderers)
10. Others
(i) Documentary Proof in support of annual turnover and execution of single Purchase Order (for similar item) (ii) Supply Record (iii) Catalogue & Literature are to be submitted along-with with technical /un-priced bids.
The technical /un-priced bids received without documentary proof of above mentioned Important Tender Conditions shall not be considered for further evaluation.
Micro and small Enterprises (MSEs) are eligible for purchase preference as per prevailing Govt. directives / Corporation policy.
Domestically manufactured electronic products (DMEP) are eligible for preference in procurement as per prevailing directives of Government of India.
The bidder shall upload legible scanned copy of necessary documents in support of required qualification and experience along with their offer as per instruction given in the Special Instructions to Tenderers participating in e-tender.
All documents other than in Hindi or English languages shall be supported by its attested English translation.
Physical Bids will not be accepted. Tender Document can be downloaded from https://iocletenders.nic.in and on line bids are required to be submitted with Digital signatures on the system.
IOCL reserves the right of annulment of tender without assigning any reasons whatsoever.
The tender documents are non-transferable.
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11. Issuing/ Submission Office Address
General Manager (T and T&I),
Indian Oil Corporation Limited
South Eastern Region Pipelines,
3rd floor, Alok Bharati Tower
Saheed Nagar, Bhubaneswar - 751007 (Odisha)
Email: [email protected],
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Format No. QAF/MAT/01
Revision No. 01
Effective Date: 31.05.2016
INDIAN OIL CORPORATION LIMITED
(South Eastern Region Pipelines) Materials Department
Phones: (91) 0674 - 2374517 Fax: (91) 0674 - 2548136 Regd. Office: Please Reply To: G – 9, Ali Yavar Jung Marg, Indian Oil Corporation Limited, Bandra (East), South Eastern Region Pipelines, Mumbai – 400 051 Paradip Raipur Ranchi Pipeline 3rd Floor, Alok Bharati Tower
Saheed Nagar, Bhubaneswar - 751007 (Odisha)
e-Tender Enquiry
Tender Enquiry No.: PRRM/18023 Due Date: 25.02.2019 Date: 04.02.2019 Due Time: 15:00 Hrs (IST) Opening Date and Time: 26.02.2019, 15:00 Hrs
Dear Sir (s),
Please find enclosed herewith one set of Tender Documents. You are requested to submit your most competitive offer for the supply of the following items as per Technical Specifications, General Conditions of Purchase and other conditions specified and enclosed with this document.
Sl. No.
Description of Material Quantity
(EA/Cum ) Destination
SUPPLY
1. Supply of Solar Street Lights 148
Sambalpur- 64 Nos, Jharsuguda-16, Saraipali-24, Raipur-16, Korba-16 & Khunti-12
2. Installation of 148 Nos Solar LED Street Light for RCP/MOV (M 15 Grade PCC)
55.435
Location: Odisha state - 29.916 , Chhattisgarh -20.941 & Jharkhand-4.488 Installation locations as per Annexure-1.
Other Details:
1. Single Bid System : Not applicable
2. Two Bid System : The offer shall be submitted online. Technical Bid, Price Bid, EMD details etc. shall be uploaded in separate envelops meant for this purpose. In the un-priced Schedule of Rates in technical Bid,
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prices should be kept blank. Instead of Price word “Quoted / Not Quoted” to be indicated. Purchaser will not be responsible for the EMD not deposited and details not furnished as per tender requirement.
3. Tender Fee : Not applicable
4. Earnest Money Deposit :
Indian Rupees
38,200.00
(By ECS/NEFT/RTGS/SWIFT to IOCL account)
OR
In the form of Bank Guarantee in the prescribed format enclosed. Any deviation in the proforma is not acceptable. The bank guarantee should be from any India Bank or Foreign Bank having branch in India on Non-judicial stamp paper of value commensurate with EMD amount as per norms. The issuing branch of bank shall be situated in India.
Bank Guarantee/Swift Transfer is to be sent to tender issuing authority so that it is received prior to tender submission date and time.
5. Validity of offer : Offer should be valid for 120 days from tender due date.
6. Completion Schedule : 90 days from date of PO.
7. Evaluation Criteria : The evaluation shall be done on overall landed cost basis. Bidders have to quote for the all the items, failing which their offer shall be summarily rejected.
8. Definition Of Similar Works
: Supply of Solar Street Lights
9. Guarantee/Warranty : The PV module shall be warranted for a period of 10 years from the date of supply. Completed white LED solar street lighting system excluding the battery and SPV shall be warranted for the period of 5 year from the date of supply. Warrantee for Battery shall be 2 year from the date of supply.
10. Performance Bank Guarantee
: The Performances Bank Guarantee shall remain in force for the entire period covered by the guarantee i.e. 5 years + 3 months (Claim period).
Physical Bids sent through Fax / E-mail / Courier / Post will not be acceptable. Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents for e-bidding and not to stipulate any deviations / exceptions. Bidder must ensure that the BG against EMD is received by IOCL before techno-commercial bid opening schedule (as indicated in the NIT). Tenderer to submit the following (also specified in the Instruction to the Tenderers) (changed to the extent of e-tendering – please refer Addendum to ITT)
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1. Documents as per Notice Inviting Tender (Important Tender Conditions) a) Catalogue & Literature for item b) Supply Record for the item c) Documentary proofs in support of Annual Turnover and Single Order value (for
similar item) as per column 9 of detailed NIT
2. Earnest Money Deposit (EMD) as prescribed in the tender. Tenders not accompanied with the requisite EMD or with EMD of inadequate value are liable to be rejected summarily. In case registered with SSI / NSIC etc. current valid certificate of registration along with annexure, if any, to be submitted.
3. Duly signed Form of Tender.
4. Duly filled Schedule of Inspection.
5. Customer reference list for similar equipment / material for last three years.
6. Declaration regarding Relationship with IOCL Directors as per Annexure attached.
7. Declaration regarding Holiday Listing as per Annexure attached.
8. Duly filled Commercial Checklist.
9. Duly signed technical specification.
10. Copy of PAN Card and Bank details on letter head with a cancelled cheque.
11. Schedule of Rates (BOQ) in the prescribed form. Normally Deviation to our General Terms & Conditions is not acceptable. However in case of any deviation the same to be indicated clearly in a separate sheet of paper. Tenderer to confirm to all our Technical Specifications. All Data Sheets and annexure to the Tender to be filled in and one copy of all specifications to be duly signed and stamped as a token of your acceptance to confirm to our specifications. In case of any deviations the same to be clearly indicated in a separate sheet of paper. Indian Oil Corporation Limited reserves the right to accept or reject any tender in part or full without assigning any reason whatsoever. Indian Oil Corporation also reserves its right not to accept the lowest rates quoted by the tenderers and to allow to the Public Enterprises purchase preference facilities as admissible under the existing policy. Incomplete tenders not accompanied with all the required Documents and Tender Conditions are liable for rejection without assigning any reason thereof. The un-priced Bids shall be opened on the due date & time mentioned in the Tender Notice. The priced offer of only tenderers whose unpriced offers are found techno-commercially suitable shall be opened subsequently.
Yours faithfully, for & on behalf of Indian Oil Corporation Limited.
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(TO BE FILLED BY THE TENDERER) FORM OF TENDER (INDIGENOUS)
Ref No ____________________ From _____________________ _____________________ _____________________ _____________________
To,
General Manager (T and T&I), Indian Oil Corporation Limited South Eastern Region Pipelines, 3rd floor, Alok Bharati Tower Saheed Nagar, Bhubaneswar - 751007 (Odisha)
Sub: Tender Notice No. ________________________________ For supply of _____________________________________
Dear Sirs, Having examined the tender documents consisting of tender notice, note for the tenderers, terms and conditions of Purchase, specification, form of tender and schedule of rates attached to tender documents and having understood the provision of the said tender documents having thoroughly studies and requirements of Indian Oil Corporation Ltd., relative to the materials tendered for, in connection with the ………………………………. I/we hereby submit our tender offer for the supply of materials(s)/ equipments(s) in accordance with the tender documents at the rate quoted. If the supply or any part thereof is awarded to me/us, I/we undertake to supply the materials(s)/ equipments(s) on terms & condition forming part of the tender documents and accept to supply the materials(s)/ equipments(s) as per delivery schedule. I/We further undertake to keep my/our this tender open for a period not less than one twenty days from the date of opening of tenders as specified in the tender documents. I/We hereby further state that I/we anyone of us (in the case of a partnership firm) have/ has not been employed as a engineer or officer of or with the Indian Oil Corporation Ltd., during a period of 2(two) years immediately preceding the date hereof or I/We declare that I ………………… one of our partners (in case of a partnership firm) was employed …………………….. in the ………………… Division of Indian Oil Corporation Ltd; within the period of 2 (two) years immediately proceeding the date hereof and that I ……………..have/ has obtained previous permission of Indian Oil Corporation Ltd; to make this tender.
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I/ We have attached to this tender the following documents. i) Schedule of Rates in the prescribed form ii) Schedule of Inspection iii) Customer’s reference iv) The set of tender documents marked “ORIGINAL” duly signed v) Any additional documents (to be listed) vi) Earnest money deposit of Rs ………………. By NEFT/RTGS/PRN No. ……………….
Dated ………………. vii) I/We hereby undertake that the statements made herein and the information given in the additional documents referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be misrepresentation entitling Indian Oil Corporation Ltd; to avoid any resultant supply order. I/We further undertake as and when called upon by Indian Oil Corporation Ltd, to produce for its inspection original(s) of the documents of which copies have been annexed hereto. Dated……………………. day of ………………….. 20 Yours faithfully, Signature of Tenderer(s) Witness: Name in Block Letters
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Format No. QAF/MAT/02
Revision No. 01
Effective Date:31.05.2016
COMMERCIAL CHECKLIST FOR INDIGENOUS BIDDERS
Please and fill the ……… lines 1. Quoted for all Items in Group No… - Yes / No
2. Delivery/Completion - Acceptable / Not Acceptable Period (As per tender)
3. EMD - By DD / By BG / Not Applicable (As per tender) BG / DD No ………… Date ……………
Issuing Bank ……… BG/DD Valid up to ………
4. PBG - Acceptable / Not Acceptable (As per SIT clause No.1.12.0)
5. Delay Delivery Discount - Acceptable / Not Acceptable
(As per GCP)
6. Payments terms - Acceptable / Not Acceptable
(As per GCP )
7. Guarantee/Warranty - Acceptable / Not Acceptable (As per SIT clause No.1.12.0)
8. Validity of Offer - Acceptable / Not Acceptable (As per tender) 9. Whether NSIC / MSE Unit - Yes (Reg. No. ………………) / No Validity.......................
If Yes, i) Please give the registration No. and enclose a
copy of certificate. ii) Please confirm whether SC or ST MSE YES / N (Please give supporting documents else shall be considered a General category enterprise)
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COMMERCIAL CHECKLIST Please and fill the ……… lines
10. Whether GST Registered - Yes (Reg. No. ………………) / No
If Yes, Please give the GSTIN registration No. and enclose a copy of certificate 11. Acceptance of tender terms and conditions in totality: - Yes / No 12. Indicate the deviation of tender commercial terms, if any:
a.
b.
c.
d.
Signature and stamp of the Bidder
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SCHEDULE OF INSPECTION
The following inspection schedule will be adopted by us in the manufacturing / testing of the equipment offered by as:- Note. 1) Strike out items not applicable 2) Separate schedule sheet should be attached for each equipment that go into
the assembly EQUIPMENT
a) Manufacturing Inspection
Component Type of Inspection Inspection Code Reference
b) Performance Test
Name of the Test Method of Test Test Reference
c) Other inspection
d) Inspection/ test documents which will be furnished to purchaser
Signature of Tenderer
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CUSTOMERS REFERENCE
We give below the reference to Customers to whom equipment similar to the present offer has been supplier:- EQUIPMENT…………………………………………………………..
Customer’s Name & Address
Project & location where equipment
installed
Rating of equipment
Service No. of units
Yard of supply
SIGNATURE OF THE TENDERER
Note. 1. Strike out items no applicable
2. Separate Customer’s reference sheet should be attached for each-type of equipment.
3. Tenderer should give the name of customer only against the rating of equipment supplied by the tenderer.
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DECLARATION OF RELATIONSHIP WITH DIRECTORS OF IOCL
The Tenderer shall declare the following information in exhaustive details:
LIST OF DIRECTORS
The list of board of directors is available in our website at
http://www.iocl.com/AboutUs/Profile.aspx
S. No.
Description Remarks
i) Whether proprietor is a Director or is related to any Director of IOC present or retired within the past 2 years.
ii) Whether any partner or member of the firm is a Director or is related to any Director of IOC present or retired within the last two years.
iii) Whether any of the Directors of the Company is a Director or is related to any Director of IOC present or retired within past two years.
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PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING
In the case of a Proprietary Concern:
I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Partner, are presently or have during the past three years been placed on any black list or holiday list declared by Indian Oil Corporation Ltd. or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country nor is there pending any inquiry by Indian Oil Corporation Ltd. or any Department of the Government or by any Public Sector Organization in India or in any other country, in respect of any corrupt or fraudulent practice(s) against me or any other of my proprietorship concern(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a partner, except as indicated below:
(Here give particulars of blacklisting or holiday listing, and/or inquiry and in absence thereof state “NIL”)
In the case of a Partnership Firm:
We hereby declare that neither we, M/s , submitting the accompanying Bid/Tender nor any partner involved in the said firm either in his individual capacity or as proprietor or partner of any other firm or concern presently are or within the past three years have been or has been placed on any blacklist or holiday list declared by Indian Oil Corporation Ltd. or by any department of Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country nor there is any pending inquiry by Indian Oil Corporation Ltd. or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, in respect of any corrupt or fraudulent practice(s) against us or any other partner or any other concern or firm of which he is proprietor or partner, except as indicated below:
(Here give particulars of blacklisting or holiday listing, and/or inquiry and in absence thereof state “NIL”)
In the case of Company:
We hereby declare that neither we or a partner, subsidiary or other company under direct or indirect common parent (associate company) are presently nor have within the past three years been placed on any holiday list or black list declared by Indian Oil Corporation Ltd. or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country; and that there is no pending inquiry by Indian Oil Corporation Ltd. or by any Department of any Government (State, Provincial, Federal or Central) or any Public Sector Organization in any country against us or a parent or subsidiary or associate company as aforesaid in India or in any other country, in respect of corrupt or fraudulent practice(s), except as indicated below:
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(Here give particulars of black listing or holiday listing and/or inquiry and in the absence thereof state “NIL”) It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd. shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice to any other right or remedy (including black listing or holiday listing) available to Indian Oil Corporation Ltd. Place: Signature of Bidder: __________________ Date: Name of Signatory: _____________
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BID NO.____________
PROFORMA OF LETTER OF AUTHORITY FOR BID NEGOTIATIONS AND SIGNING THE AGREEMENT
No. Date: M/s Indian Oil Corporation Ltd., South Eastern Region Pipelines, Paradip Raipur Ranchi Pipeline, 3rd Floor, Alok Bharti Tower, Saheed Nagar, Bhubaneswar - 751007 (Odisha)
Attn:
Sub: IOCL Tender No.________________________________ Dear Sir, We ____________________________________ do hereby confirm that Mr./Messrs._________________________________ (Name & Address is/are authorized to represent us for bid negotiations and conclude the Agreement on our behalf with you against your above cited Tender for________________________________ (Item Name) of IOCL to ____________ Project. We confirm that we shall bound by all and whatsoever our representatives shall commit.
Signature Name & Designation for and behalf of Bidder
NOTE: This letter of authority should be on the letterhead of the bidder and should be signed by a person competent and having the authority to bind the bidder.(The power of the Attorney of the authorized signatory is to be annexed).In case of a consortium it shall be signed by the leader.
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FORMAT FOR GIVING CONSENT AND BANK DETAILS ON LETTER HEAD (INDIAN)
Date:
To M/s Indian Oil Corporation Ltd., South Eastern Region Pipelines, Paradip Raipur Ranchi Pipeline, 3rd Floor, Alok Bharti Tower, Saheed Nagar, Bhubaneswar - 751007 (Odisha) Dear Sir, We hereby agree to accept henceforth all the payment of our bills through direct credit to our below mentioned Bank account through internet banking.
1 Beneficiary’s Name
2 Bank Name
3 Branch Name
4 Address of the Branch
5 STD code & phone no. of Branch
6 Branch Code
7 9 Digit MICR code of Branch as appearing on the cheque(copy of cancelled cheque may be enclosed)*
8 Bank Account No
9 Account Type (SB/CA/CC)
10 Branch IFSC code
11 Email Address of the Vendor
12 Mobile Telephone No. of Vendor
Please attach a blank cancelled cheque or photocopy of a cheque issued by your bank relating to your above account for verifying the accuracy of the 9 digit MICR code/IFSC Code. I/We, hereby declare that the particulars given above are correct and complete.
(Signature of authorized person with seal)
Encl: As above.
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Pipelines Division
INSTRUCTIONS TO TENDERERS
A. General
1. Tender Documents shall remain the property of Owner. 2. The tender papers shall be completely filled in, and shall be submitted with requisite
information and Annexure. Any tender incomplete in particulars shall be liable to be rejected.
3. Signing of tender 3.1. All pages of the tender and all tender documents shall be signed by the tenderer or his
duly authorized person (s) by enclosing the original authorization copy
3.2. It shall not be necessary for the bidder to return the all whole tender document (big Volumes) duly signed as a token of their acceptance of the same while submitting their bid. Instead, the bidder may also submit an undertaking along with the Index Page of tender document duly signed to the effect that he has fully read and understood the tender requirements and accepts all terms and conditions of the tender (except for the ones mentioned in the deviation statement) and his offer is confirmation to all terms of tender
3.3. Each page of the priced Schedule of Rates (SOR) shall be duly signed and stamped (in
original) by the tenderer. Price bid submitted without original signature & stamp of the tenderer as described above shall be summarily rejected.
3.4. Prices must be duly filled and submitted by the bidder strictly in Schedule of Rates format
enclosed with the tender document bearing stamp and signature on each page. Non-compliance shall lead to rejection of the bidder.
4. Scanned copy / photocopy of price bid is not acceptable and such bids shall be summarily
rejected.
5. The un-priced copy of SOR, with prices blanked out and mentioning “Quoted” or “Not Quoted” against each item is to be submitted along with technical bid duly signed and stamped by the bidder in original on each page. Except for the price the un-priced copy should be exact replica of the price bid.
6. Tender and all correspondences /documents relating to tender shall be type written in English language only.
7. If the space in the tender form or any schedule or Annexure thereto is insufficient,
additional pages shall be separately added. These shall be page numbered and shall also carry the tender documents number and shall be signed by the tenderer and entered in the index for the tender.
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8. Technical and commercial deviations if any from the requirement of tender shall be mentioned prominently in separate sheets serially numbered. Deviations indicated anywhere else in the tender will not be considered
9. The tenderer shall clearly indicate in his quotation firm delivery period from the placement
of purchase order for item of equipment offered. 10. The owner reserves the right to reject, accept or prefer any tender or to abort the bidding
process. Reasons for rejection shall be disclosed on written representation by the concerned bidder whose bid is rejected.
10. a If the owner in its discretion considers that in the interest of the requirement the quantum of supply requires a split, then Owner may split the supply quantity between two or more tenderers.
11. The tenderer shall quote on the terms and conditions of the tender documents without
addition, subtraction, amendment or substitution or other deviation there from to and without inter-partition of any other sale condition(s) of the tender.
12. Cost of Preparation and Submission of Bids
12.1. The tenderer shall prepare the tender at his/its/their own risk and shall bear all the costs
of preparing and submitting his/its/their tenders, as well as all other costs of tendering for the supply/ work The OWNER shall take no liability for these costs
13. The quotation shall contain particulars of shipping/consignment, net weight, gross weight
and package net dimensions
14. Tenders are to be submitted in triplicate, out of which, One copy will bear the price i.e. PRICED OFFER and remaining two copies will be kept blank for prices (UN-PRICED OFFER).These should be marked as ORIGINAL and DUPLICATE .Priced and un-priced offers should be submitted in separate sealed covers super scribing on the envelopes as PRICED OFFER and UN-PRICED OFFER as applicable, indicating our tender Enquiry number and due date. Further both the priced and un-priced offers should be put into one envelope super-scribing on it our tender Enquiry number and due date. Un-priced offer should contain complete technical details, catalogues, drawings ,deviation if any from terms and conditions and /or commercial conditions etc and Earnest Money Deposit i.e. Bid Bond (EMD). Purchaser will not be responsible for the EMD submitted along with in the PRICED Bid of technically unsuccessful Bidders. The sealed tenders addressed by designation to General Manager (Materials), Indian Oil Corporation Ltd., Pipelines Division, A-1, Udyog Marg, Sector-1, NOIDA - 201301 (U.P.), INDIA must reach by 1400 hrs. (Indian Standard Time) on the date of submission indicated in the tender notice. In case of any discrepancy between Original copy and Duplicate copy, original copy will be considered for evaluation of offer.
15. If EMD amount is up to Rs. 1,00,000/- or equivalent USD, EMD shall be accepted in the form pay order or Demand Draft or through Electronic Clearance System (ECS)/SWIFT transfer.
16. In case of Electronic transfer, the details of the deposit (Name of the Bank. Transaction
details etc) shall be furnished by the bidder in the technical offer/un-priced bid.
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17. If EMD amount is more than Rs. 1,00,000 equivalent USD, EMD shall be accepted in the form of Bank Guarantee also. Validity of BG in lieu of EMD shall be 3 months beyond bid validity.
18. Wherever, EMD is asked for in the tender, offers received without EMD shall be liable for
rejection.
19. Earnest Money shall be forfeited in the following circumstances: 19.1. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids
(Technical bids in case of two bid system) and within the validity period. In such a case, the tender submitted by the tenderer shall be liable to be rejected.
19.2. In case the tender is accepted and the vendor fails to deposit the performance bank
guarantee
20. The sealed tender must reach the tender receiving authority at the address specified before time limit specified therein. Any tender received by owner after the date and time for submission of tender prescribed in the tender will be liable for rejection.
21. The main price bid will be considered for evaluation and no cognizance will be given to
the supplementary /supporting documents attached to the price bid as breakup of prices.
22. Corrections and alterations
22.1. Correction /alteration should be avoided however if become unavoidable then entry to be corrected /altered should be neatly cancelled by drawing a line through it and making clearly and neatly the revised/corrected entry as close to the cancelled entry as possible and unambiguously authenticated by the tenderer by his full signature.
22.2. Overwriting and/or erasing with or by the application of correcting (white)/erasing fluid(s)
for correcting the rates is banned. Wherever the rates are corrected with white /erasing fluid, the bids will be summarily rejected.
23. Rates to be quoted in Figures and Words
23.1. Tenderers shall quote in firm figures on terms and condition of tender and without
addition, subtraction, amendment or substitution or other deviation there from and without inter-partition of any other sale condition(s) of the tender qualification. Tenders containing qualifying expressions such as “Subject to minimum acceptance or subject to prior sale etc.” shall be liable for disqualification. Each figure stated shall also be repeated in words, If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied :
23.1.1. When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the tenderer shall be taken as correct.
23.1.2. When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct.
23.1.3. When it is not possible to ascertain the correct rate in the manner prescribed above the
rate as quoted in words shall be adopted.
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24. Date of delivery 24.1. In case of ex-works / FOR destination contract, the date of L/R /receipt at site shall be
considered as date of delivery. 24.2. In case of FOB /C&F contract, the date of Bill of Lading will be reckoned as date of
delivery
25. Addenda
25.1. Addenda to the tender documents may be issued prior to the date of opening of the tender /price bid to clarify/ modify specification, requirement or tender terms. All such addendum will form part of tender documents.
26. Tender document shall consist of the following:
i) Notice inviting tender ii) Checklist for bidders iii) Instruction to Tenderers iv) General conditions of purchase v) Form of tender vi) Specifications vii) Schedule of rates/ Enquiry cum offer viii) Schedule of inspection ix) Customers reference x) Any other documents which may be of interest to the purchaser.
27. Tender is liable for rejection if the tenderer does not fill in and sign the required Annexure,
specifications, etc. as specified in the tender.
28. Tender is liable for rejection if the tenderer submits unacceptable terms and conditions.
29. Tender is liable for rejection if the tenderer submits offer which is not according to our format.
30. Validity of offer
30.1. The validity of irrevocable offer shall be at least 4 months from date of opening of techno-commercial bid.
30.2. Tender is liable for rejection if the tenderer Stipulates the validity period less than what is
stated in the Tender Form.
30.3. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids (Technical bids in case of two bid system) and within the validity period, the tender submitted by the tenderer shall be liable to be rejected
30.4. In exceptional circumstances, the owner may solicit vendor’s consent for an extension of
the period of validity of offer without any deviation including change in the prices. In such cases the vendor has to extend the validity of offer and EMD without alteration of price or can withdraw his offer. If the tenderer still deviates or changes price, the offer will be rejected.
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30.5. The owner reserves the right to reject the offer(s) in case tenderer(s) give suo-moto increase and not to consider suo-moto reduction for evaluation.
30.6. After opening of price bid, if a vendor increases the price, though within the validity period
and even though the offer remains lowest, the bid will be rejected, the EMD will be forfeited and bidder debarred (Holiday listed) for future enquiries.
30.7. Suo-moto increase in price or withdrawing of offer within the validity period shall not be
allowed and action shall be taken to Holiday List the vendor 31. Earnest Money Deposit (EMD)
31.1. The tenderer as a condition for consideration of the tender shall furnish BID SECURITY
(Earnest Money Deposit) in the form of demand draft / Bankers Pay Order drawn on a local Bank in favour of Indian Oil Corporation Ltd.
31.2. Bank Guarantee (format enclosed in tender document) from any scheduled bank operating in India may be furnished in lieu of if the amount of Earnest Money Deposit is not less than Rs.100,000/- (Rupees One hundred thousand only) or equivalent USD value as per terms and conditions of tender notice/NIT without which the offer will be considered as non-responsive and rejected.
31.3. The branch issuing the Bank Guarantee shall be situated in India.
31.4. EMD for Foreign bidder is accepted only In EURO /US Dollar /UK Pound equivalent to the
US Dollar value indicated in the tender notice.
31.5. EMD for Indian bidders is accepted only in Indian Rupees.
31.6. In case of Single bid system, the bidder should submit EMD in a separate cover (not along with the techno-commercial bid).
31.7. Tender is liable for rejection if the tenderer does not submit acceptable instruments towards EMD along with technical/commercial (un-priced) bid, but submits with the price bid in the case of Two Bid System of Tendering.
31.8. The Bidders can remit the tender fee and EMD by way of SWIFT transfer also. The
bidders should submit a copy of their Banker’s SWIFT message copy as proof of remittance of tender fee/ EMD in a separate envelope in UN-PRICED BID. Bids received without a copy of SWIFT MESSAGES (in case of payment by SWIFT transfer) are liable to be rejected.”
31.9. Our bank details are as under:
Beneficiary Name : Indian Oil Corporation Limited - Pipelines Division
Account No. 00000010813605396
Name and address of Beneficiary Bank Other Details of Beneficiary Bank
State Bank of India, Corporate Accounts Group-II 4th and 5th Floor, Redfort Capital, Parsvanath Towers, Bhai Veer Singh Marg,
Branch Code : 17313
IFSC Code : SBIN0017313
Swift Code : SBININBB824
MICR Code : 110002562
PAN No.: AAACS8577K
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Gole Market New Delhi 110 001
TAN No.: DELS55939C
FAX No.: 011- 23475580
31.9.1. Remittance information should contain: Name of the tenderer, Tender No. & purpose-
Tender Fee / EMD
31.9.2. Please attach a copy of your SWIFT message with the tender documents for reference.
31.10. The EMD will be forfeited under the following instances:
31.10.1. In case the tenderer alters / modifies / withdraws the bid suo-moto after opening the bids (Technical bids in case of two bid system) and within the validity period.
31.10.2. Successful bidder, if fails to:
i) Furnish performance guarantee in form of security deposit ii) Accept the purchase order
32. Disclosure on Relationship with Director 32.1. The Vendor is required to state in his offer (as per Annexure attached) whether he is a
relative of any Director of Indian Oil Corporation Limited or the vendor is a firm in which any Director of Indian Oil Corporation Limited or his relative is a partner or the vendor is a private company in which any director of Indian Oil Corporation Ltd. is a member or Director
33. Tenderer shall clearly indicate their legal constitution and the person signing the tender
shall state his capacity as also the source of his ability to bind the tenderer. The Power of Attorney or Authorization, or other document constituting adequate proof of the ability of the signatory to bind the tenderer, shall be annexed to the tender. The owner may reject out right any tender unsupported by adequate proof of the signatory’s authority.
34. Tender is liable for rejection if the tenderer does not disclose the full names and addresses of all his partners or Directors as applicable wherever called for in the tender.
35. Bidding Entity
35.1. Bids may be submitted by: A) A Individual (Proprietary) /Partnership/ Limited (Sole Bidder).
B) Joint Venture (JV) Company registered in India as per Company Act’1956. C) Consortium having a maximum of two members
D) Indian company wholly owned subsidiary of a foreign or Indian company on the
strength of its parent/sister company. E) Wholly owned subsidiary of a foreign or Indian company on the strength of its parent
/sister company
35.2. Qualification Criteria
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A) Sole Bidder: - Sole bidder has to meet all criteria i.e. Technical & Financial. B) Joint Venture (JV) Company:
(i) One JV member shall meet the Technical Qualification criteria (ii) The other JV member shall meet the Financial qualification criteria (iii) JV member meeting the technical criteria shall meet 60% of the financial
qualification criteria. (iv) JV member meeting the Financial Criteria shall meet 60% of technical qualification
criteria.
C) Consortium: (i) Leader of Consortium shall meet the Technical Qualification criteria. (ii) The other member of the Consortium shall meet financial qualification criteria. (iii) The Leader of the Consortium meeting the technical criteria shall meet 60% of the
Financial qualification criteria. (iv) The other member of the Consortium meeting the financial qualification criteria shall
meet 60% of the Technical Qualification criteria.
D) Indian company wholly owned subsidiary of a foreign or Indian company on the strength of its parent/sister company A company registered in India which is a wholly owned subsidiary of a foreign or Indian company can be qualified (i) Based on the qualification, technical and financial, of its parent company provided
the parent company declares under a memorandum of understanding with the Indian subsidiary that it would be jointly and severally responsible for all the jobs being carried out by the bidding company.
Or (ii) Based on the qualification, technical and financial, of its sister concern, which is
also a 100% subsidiary of parent company provided that:
(a) Bidding entity shall enclose an agreement between them, parent company and the sister company mentioning therein all would be jointly and severally responsible for all the jobs carried out by the bidding company and successful execution of job
(b) The sister subsidiary company on its own and not through any other arrangement like Technical Collaboration agreement meets the technical experience criteria
E) Wholly owned subsidiary of a foreign or Indian company on the strength of its parent
/sister company
Bidding company which is a wholly owned subsidiary of a foreign or Indian company can be qualified:
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(i) Based on the qualification, technical and financial, of its parent company provided the parent company declares under a memorandum of understanding with the Indian subsidiary that it would be jointly and severally responsible for all the jobs being carried out by the bidding company.
Or
(ii) Based on the qualification, technical and financial, of its sister concern, which is
also a 100% subsidiary of parent company provided that:- (a) The bidding entity shall enclose an agreement between them, parent company
and the sister company mentioning therein all would be jointly and severally responsible for all the jobs carried out by the bidding company and successful execution of job.
(b) The sister subsidiary company on its own and not through any other
arrangement like Technical Collaboration agreement meets the technical experience criteria
35.3. Requirements for bidding entity
(A) Consortium:
Tenders submitted by a Consortium of two companies (One leader and one member) shall comply with the following requirements:
i) Detailed Memorandum of Understanding / Consortium agreement clearly indicating
the roles and responsibilities of each member of the Consortium shall be submitted along with the offer. In case, the Consortium is awarded the job, a duly executed and Notarised Consortium Agreement shall be submitted before signing of Contract agreement with the Owner.
ii) The Consortium shall nominate one of their members to act as Leader of the Consortium and in case the Consortium is awarded the job, all correspondence in respect of the Contract, if any, shall be done with the Leader of the Consortium only.
iii) The tender shall be signed by an authorized representative of consortium members and submitted so as to be legally binding on all the members jointly & severally. This authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the Consortium members. The authorization will be clearly evidenced by submitting the Article of Memorandum of company, board resolution for authorization in favour of person signing the consortium agreement.
iv) Each and every member of the Consortium shall be jointly and severally responsible for successfully execution of job.
v) The Consortium leader shall be authorized to incur liabilities and receive instruction for and on behalf of all members of the Consortium. Payments shall be done either to the Leader or to the Consortium members as per Detailed Memorandum of Understanding / Consortium agreement. However, payments shall be made in line with the modalities enlisted in the tender.
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vi) It is specifically agreed by the Consortium members that in the event of the Leader of the Consortium running into any financial problem and/ or otherwise fails to comply with any of Leader's obligations under the Contract at any time, other members shall fully undertake total responsibility to provide all necessary financial resources for the project and shall comply with all the obligations of the Leader under the Contract, in addition to his own obligations, for completing the project in time, without prejudice to the joint and several responsibilities of member and Leader.
vii) The division in scope of job between Consortium members shall be commensurate with their past experience. The overall Project Management shall be performed by the Leader of the Consortium.
viii) Responsibility matrix of members of Consortium members not limited to the following shall be furnished along with the bid:
a) Overall responsibility for execution of entire job under the contract shall be with the Leader of Consortium.
b) Both the members of Consortium are jointly & severally responsible in terms of tender.
c) Leader of Consortium member will provide all technical & technology support to the Consortium.
d) Experienced technical personnel from Leader of Consortium will be stationed at job site to provide technical support during execution of field jobs.
e) The Leader of Consortium will ensure deployment of requisite equipments required for undertaking the different jobs as per tender requirements.
f) The correspondences for execution of job will be made with Leader of Consortium. Leader of Consortium is to ensure its presence in progress review meeting whenever called for by the owner.
(B) Wholly owned Subsidiary of a foreign/Indian company:
Following shall be complied and necessary documents from Parent Company and sister concern if applicable shall be submitted:
i) The jobs under consideration shall either be executed by the Parent Company / sister
concern or shall be executed under supervision and back-up of the Parent Company / sister concern. Details of mode of job execution, manpower, machinery deployment by the parent company / sister concern shall be furnished along with the Bid. The parent company/sister company will provide all the resources based on which the bidding company has been qualified. Responsibility matrix of Parent company, sister concern & bidding company not limited to the following shall be furnished along with the bid: a) Overall responsibility for execution of entire job under the contract shall be with
the parent company. b) The parent company / sister concern & bidding company are jointly & severally
responsible in terms of tender c) Parent company / sister concern will provide all technical & technology transfer to
bidding company. d) Experienced technical personnel from parent company or sister concern will be
stationed at job site to provide technical support during execution of field jobs. e) The parent company / sister concern will ensure deployment of requisite
equipments required for undertaking the different jobs as per tender requirements.
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f) The correspondences for execution of job will be made with bidding company. However, parent company / Sister Company is to ensure its presence in progress review meeting whenever called for by the owner.
g) The Parent Company and sister concern shall furnish an undertaking to be jointly and severally responsible with the subsidiary for due, proper and timely performance of the Contract and discharge of liabilities of its subsidiary in the event of the award of job to its subsidiary
36. In all cases where the tenderer is not a manufacturer, the tender/offer shall indicate to the
proposed manufacturer(s) of the equipment/ materials tendered and shall be accompanied by proof of the authority or person(s) tendering to bind such manufacturer.
37. Any effort by a bidder / bidder’s agent /consultant or representative to influence the owner
in any way concerning scrutiny /consideration /evaluation / comparison of the bid or decision concerning award of contract shall entail rejection of the bid.
38. Each tenderer/bidder shall give a declaration in the prescribed format annexed to the Form of Tender that he/it/they is/are not under any holiday/black list declared by the OWNER or by any Department of the State or Central Government of India or by any other Indian Public Sector Organization, and that there is no inquiry in respect of any corrupt or fraudulent practice pending against him/it/them.
38.1. In case he/it/they are under any such list, or any inquiry is pending, he/it/they shall in the
declaration give full details thereof. Such declaration in respect of a partnership firm or association of persons shall cover every partner or member of the association, and in the case of Company, shall cover every Director and Principal Shareholder of the Company and any Holding Company and/or subsidiary Company(ies) if any.
38.2. If a tenderer is on any such List or if any such inquiry is pending against it/him/them or if the Bidder makes a false declaration, the OWNER reserves the right to reject the Bid, and if the Bid has resulted into a contract, the contract is liable to be terminated pursuant to the provisions of Clause 28.0 of the General Conditions of purchase..
39. All information disclosed to the tenderer by way of tender document should be considered
as confidential and shall not be disclosed to any party except as necessary for carrying out the supply/work. Necessary action on violation will be taken in addition to his becoming liable to be Holiday listed.
40. Tender is liable for rejection if the tenderer stipulates his own conditions.
41. Collusive or fraudulent tenders
41.1. In case it appears to the OWNER, after examining the tenders received, that any 2 (two) or more tenders are collusive or otherwise manipulated to the disadvantage of the OWNER and against the spirit of ethical competition, the OWNER reserves the right to summarily reject such tenders. It shall not be incumbent on the OWNER to prove any collusion or other malpractice in this regard.
42. Purchase / price preference to public sectors /NSIC registered unit will be applicable as
per Govt. of India guidelines from time to time.
43. Tenderers should super scribe on all the mailing envelopes tender No. & due date.
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44. Bidders have to quote for full quantity .The offer which is not for full quantity will be liable for rejection.
45. Where delivery is of prime consideration, non-compliance of the same will be a ground for
rejection of offer.
46. Telegraphic / Fax /E-Mail/ open price bid shall not be accepted.
47. Tenderers should respond to the tender either by submitting their bids or by regret letter explaining the reasons for non-submission of the offer. If the tenderer does not respond against our three consecutive limited tender enquiries, the name of the tenderer will be removed from the list of vendors.( Applicable in case of limited tender only)
48. The OWNER reserves the right to consider/evaluate only substantially responsive
tenders. A substantially responsive tender is one, which, in the opinion of the OWNER (which shall be final and binding on the Tenderer(s)), substantially conforms to all the terms, conditions, specifications and requirements of the Tender Document without material deviations or reservations in respect of any of the following :
(a) scope, quality or performance of the work; (b) OWNER’s rights or the tenderer’s obligations under the contract as per the
tender documentation ; (c) Such deviations the correction of which would affect the competitive position of
other tenderers, who have submitted substantially responsive bids ; (d) Any tender unaccompanied by the earnest money in a form which is not
acceptable as per the Tender Documents, or falling short of the requirement of the Tender Document, shall be liable for rejection
49. No credit will be given for goods offered which conform to alternative standards, even if
superior to the standards prescribed.
50. Negotiation will not be conducted with the bidders as a matter of routine. However, corporation reserves the right to conduct negotiations. However, negotiations will be held with the lowest tenderer.
51. Loading deviations to tender condition:
51.1. The commercial conditions put forward by the tenderers shall be loaded to their quoted cost as indicated hereunder for evaluation:
i. Delayed Delivery clause: Difference of the rate between the GPC and that offered by
the vendor shall be added to the quoted price as loading for non-acceptance of the delayed delivery discount.
ii. Payment Terms: In case bidders take deviations to the specified payment terms, loading for interest implication at 1% higher than IOC's Prime Lending Rate shall be done.
iii. Specific Discount: Any specific discount indicated in the original offer shall be considered to arrive at the effective price for evaluation.
iv. Discount for prompt payment: This will not be considered for the purpose of evaluation.
v. Freight components: When vendor does not mention freight component, the same shall be considered as “inclusive” /“nil”.
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vi. Taxes & Duties: When vendor does not mention Taxes & Duties, the same shall be considered as “inclusive” and “Borne by vendor”.
vii. CENVAT/VAT benefit: For the purpose of evaluation of offers, Cenvat benefit on account of excise duty /CVD /VAT will be considered for evaluation.
viii. Royalty Inflow: In case of any benefit to IOC R&D for the usage of IOC R&D formulations by the tenderer in the form of royalty, such royalty inflow net of prevailing taxes / surcharges, will be deducted from the quoted price as specified elsewhere in the tender documents.
ix. Inspection charges: In case a foreign vendor does not quote inspection charges in spite of having been stipulated in the tender document to indicate inspection charges, the same shall be considered as “nil” and “inclusive”.
x. Component/spares/ accessory: If a vendor doesn’t quote for some component/spares/ accessory specifically indicated in the tender for consideration along with equipment, the same shall be considered as inclusive and “free supply”
xi. Performance bank Guarantee: In case bidder does not agree to submit PBG as per tender requirement, their offer will be loaded with 10% of their landed cost of the material. In case PBG is agreed for less than 10%, loading shall be for the differential.
xii. Transit Insurance: Transit insurance shall be done by IOCL. In case the bidder quotes insurance charges inclusive, no rebate shall be given for the purpose of evaluation.
52. Currencies of Bid and Variation of Custom duty/Foreign exchange 52.1. Indian bidders will submit bid in Indian Rupees only. For goods and services which the
bidder will supply from outside India, the prices shall be quoted in Indian currency or in EURO/USA Dollar/GBP. The rate of exchange to be used by the bidder for currency conversion shall be BC selling rate as published by State Bank of India.. Indian bidder may offer CIF component along with custom duty and foreign exchange rate and amount. Variation of Custom duty and exchange fluctuation during scheduled delivery period only and other than on raw materials will be borne by owner. In case bidder spends less foreign exchange component for import, Exchange/custom duty the same shall be passed on to owner.
52.2. For foreign bidders bid prices to be EURO /USA Dollar /UK Pound.
53. The vendor shall confirm acceptance of IOCL’s GCP in totality. Any specific deviation
from the GCP shall be indicated separately.
B. Specific Instructions for Indian Bidders
54. Quotation
54.1. Price shall be on FOR/FOT ex-works/destination.
54.2. If quoted on Ex-works basis then
a. Indicate Packing and Forwarding charges in terms of percentage on basic cost.
b. Indicate freight charges up to the site in terms of percentage on basic cost.
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c. Indicate Inspection charges (Third party) in terms of percentage on basic cost if included in Price. Third party Inspection will generally be carried out by the Owner or agencies appointed by the Owner at Owner’s cost.
d. Insurance will be arranged by owner. e. Indicate dispatching point.
f. Indicate Excise duty rate. Clearly indicate whether it is included or extra.
g. Indicate CST/local ST rate/VAT rate. Clearly indicate whether it is included or extra.
h. Excise duty/ Sales tax will be paid extra at actual within the contractual delivery date,
or approved extended contractual delivery time. However, the benefit of any reduction must be passed on to IOCL
i. Any variation of rate in service or introduction of new tax, wherever applicable, on material ordered, during the contractual period shall be reimbursed / adjusted against submission of necessary document. If the above variation is made applicable after opening of the price bid, the same shall also be reimbursed against documentary evidence.
j. Any increase in the rates of existing taxes (including Excise Duty & Sales Tax) beyond the contractual delivery date is to be borne by the tenderer.
55. Evaluation of Offer
55.1. The evaluation will be made on the basis of total landed cost at site only.
A) In case of FOR Ex-works
a) Transit Insurance @0.012% b) Freight @ 2% c) Sales Tax and excise duty as applicable
B) Third party Inspection charges if included in Price will be deducted from the price
quoted for evaluation & while ordering. C) Inspection charges if quoted “ Extra on actual” , when inspection charges are
asked specifically in the tender, then offer will be loaded @ -- % of basic prices and reimbursement will be made on actual subject to maximum -- %
56. Payment Terms:
56.1. 90% payment against dispatch documents through Bank. Balance 10% within 30 days
after receipt and acceptance of material at site. All payments shall be made in Indian Rupees. Bank charges of owner’s Banker will be on owner’s account. Bank charges of vendor’s Banker will be on vendor’s account. Payment as above can be made by directly submitting dispatch documents to the payment releasing office without routing through bank.
56.2. Payment can be made through e-payment mode also. For this purpose, bidder shall give
their consent along with their bank particulars as per enclosed format at Appendix-A.
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57. PAN and Sales Tax Registration No.
57.1. The tenderer(s) shall indicate his/their Permanent account Number (PAN) and Sales Tax
Registration number in the form of information about tender annexed to the form of tender. In the absence of the same, the tender shall be liable to be rejected.
58. The bidder if it is a Micro, Small Or Medium enterprise as per the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006) and registered with the Authorities under the above Act for the items/ services under procurement in this tender, then party has to indicate the Entrepreneurs Memorandum number (Twelve Digit) and enclose a copy the certificate issued by the Authorities under the Micro, Small & Medium enterprises Development Act 2006.
59. All the payments in Indian Rupees (other than against dispatch documents through bank)
will be released through e-banking only. The successful bidder should provide their bank details as per the annexed format at the time of acceptance of Purchase Order.
C. Specific Instruction for Foreign Bidders
60. Quotation
60.1. Price shall be on FOB /C & F and shall
a) Indicate Packing and Forwarding charges in terms of percentage of quoted FOB
price. b) Indicate Inspection charges (Third party) in terms of percentage of quoted FOB
price or included in the quoted FOB price. c) Indicate freight charges up to destination PORT or included in the quoted FOB
price d) Insurance from Port of Exit to Port of Discharge will be arranged by owner. e) Indicate dispatching point. f) In case of ocean import, offers should be on “FOB major international Gateway Sea
port of exit” basis. However, bidders shall quote firm ocean freight charges up to designated port of entry in India.
g) Name of sea port must be mentioned by the vendor. Terms such as “any USA sea port” or “any European sea port” should not be quoted.
h) In case of air cargoes, offers should be on “FCA major international gateway of exit” basis. Offers from smaller airports or “any airport” should not be quoted.
61. Evaluation of Offer:
61.1. The evaluation will be made on the basis of total landed cost at site only. Foreign
currencies will be converted on the basis of BC selling rate of State Bank of India as on the date of opening of price bid.
61.2. In case of FOB /C&F price, following will be added to arrive at total landed cost
a) Port handling charges @ 2 % on FOB cost b) Marine Insurance @ 0.3 % on total C&F cost c) Inland freight @ 2% on FOB cost d) Custom duty as applicable
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61.3. Inspection charges if quoted “Extra on actual” then offer will be loaded @ - % of basic prices and reimbursement will be made on actual subject to maximum - %
62. Payment Terms:
62.1. 100% payment against presentation of shipping document through irrecoverable letter of
credit to be established through Indian scheduled Bank on its branch at Vendor’s country. In case confirmed L/C is required by vendor, the same has to be mentioned and vendor has to confirm that L/C confirmation charges will be borne by Vendor.
63. Dealing with Indian agents 63.1. The Owner will deal with the Bidders on principal to principal basis, without involvement in
any manner in India or abroad of any agent or consultant or associate or other person howsoever described. However, in case Bidder insists having an agent / consultant or representative howsoever described (other than a permanent employee of the Bidder or a representative stationed with the permission of the Reserve Bank of India and other concerned authorities), the Bidder shall at the time of submission of the offer disclose full particulars / description of such agent / consultant or representative howsoever described together with the precise role of such person or persons: commission, remunerations or charges agreed to be paid to them: the manner of payment: approval or registration of agreement / arrangements between the Bidder and such agent or consultant or representative or retainer or associate or servicing facility with all concerned authorities including Central Govt. / Reserve Bank of India/DG&D: and Permanent Income Tax Account Number of the Agent in India.
63.2. It may, however, be noted that the role of the agent in relation to this tender will be limited
to the following:
i) Intimating publication of NIT: ii) Obtaining the tender documents on behalf of bidder by payment of the prescribed
tender fee whenever required and mailing the tender documents to the bidder: iii) The bidders are required to send their bids directly to Owner and as such bids
through agents in India will not be entertained. However, if the bidder intends to use their agent only to ensure its safe delivery to Owner: they are allowed to do so, provided the bid documents are put by the bidder in a sealed cover addressed to Owner prior to handing over to their agent for its delivery to Owner.
iv) Attending the tender opening provided such agent has a power of attorney / letter of
authority authorizing him to attend the tender opening on behalf of the bidder. Provided further that such a power of attorney / letter of authority is submitted to owner prior to the time and date of opening for scrutiny and acceptance or otherwise.
v) Making arrangements for local travel and stay etc. of their principals for their
meetings, visits, presentations, seminars etc. in India. vi) Advising Principals on local laws, rules, regulations, tax liabilities and restriction.
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vii) In respect of Service Contracts and Turnkey projects helping the principals in
making other local arrangements for customs clearance, warehousing and other local inputs:
viii) In respect of equipments requiring after sales technical services of substantial nature
maintaining requisite infrastructure.
63.3. The bidders may note that the agents in India will not be allowed to perform any other role:
63.4. Further, it may be noted that any remuneration of commission or charges agreed between
the bidder and such agent / consultant / representative etc. should be payable only in non-convertible Indian Currency in India in the event of the bid being accepted the Owner shall pay the amount equivalent to the commission or charges of such agent / consultant / representative in Indian Currency (TT selling rate) against the price payable under the contract from the payment to bidder.
63.5. The bidder shall be obliged to inform all changes in the terms of appointment / payment
between the bidder and such agent / consultant / representative.
63.6. If at any stage prior to the award of the work or after the award or after completion of work it transpires that any information or particulars furnished by the bidder are in any manner incorrect then the Owner shall without prejudice to any other of its rights, have the option to exclude the bidder from consideration , cancel the contract if awarded without prejudice to right to recover all losses and damages and compensation for all consequences and prohibit the bidder from participating in or continuing with any other bid or contract.
64. The tenderer shall indicate in his quotation the country of origin of each item of equipment
offered.
65. In case of wooden packing material, the same must conform to requirements under Plant Quarantine (Regulation of Import into India) order.
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Indian Oil Corporation Limited
(South Eastern Region Pipelines, Bhubaneswar)
SPECIAL INSTRUCTIONS TO TENDERERS In the event of an irreconcilable conflict between the provision of the Special Instructions to Tenderers and Instructions to Tenderers, the provision(s) in the Special Instructions to Tenderers shall give way to the conflicting provision(s) in the Instructions to Tenderers.
1.1.0 Tender fees and EMD: Tender Fee is not applicable. “Micro & Small Enterprises” as per MSMED Act, 2006, NSIC Registered Vendors, Central / State Public Sector Undertakings, and JVs of IOCL are exempted from submission of EMD.
1.2.0 Under GST, the bidder shall be responsible for timely updating of tax details in the GSTN so as to enable the owner to avail input tax credit. The bidder also shall inter alia comply with all requirements pertaining to “input tax credit” provided under applicable GST Acts. In the eventuality that the owner fails to avail “input tax credit” due to mismatch on account of the vendor or owning to any reason whatsoever on account of default of the vendor, Owner, without prejudice to clause no. 26 of General Conditions of Purchase and in addition to the same, reserve the right to recover the shortfall/under recovery from the bills and /or Security Deposit (including recourse to Bank Guarantee (s)) of the vendor.
1.3.0 Bidders are required to submit copies of GST Registration pertaining to the State of its operation in the following format along with copy of GST Registration.
(To be submitted on Vendor’s Letter Head along with copy of GST Registration)
1.4.0 Tax Invoice to be submitted by the bidder in compliance with the prevailing tax laws at the time of execution/delivery. No other invoice will be accepted as Owner intends to avail Input Tax Credit.
1.5.0 Bidders to take note of Anti- profiteering measure clause in CGST (Section 171) wherein it is stated that any reduction in rate of tax on any supply of goods and services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices.
1.6.0 Bidder is requested to acquaint themselves about GST Law and other tax provisions before bidding. Bidders are advised to quote the rate considering "input tax credit" available to bidder under GST.
1.7.0 Micro or Small enterprises (MSE’s): Tender Conditions for Benefits/ Preference for Micro & Small Enterprises (MSEs)
1.7.1 As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any of the following in order to avail the benefits/preference available vide Public Procurement Policy MSEs Order, 2012.
i. District Industries Centers (DIC) ii. Khadi and Village Industries Commission (KVIC) iii. Khadi and Village Industries Board
Vendor Code
Vendor Name
E-Mail ID
Mobile No. GST Registration No. (State Wise)
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iv. Coir Board v. National Small Industries Corporation (NSIC) vi. Directorate of Handicraft and Handloom vii. Any other body specified by Ministry of MSME
1.7.2 MSEs participating in the tender must submit on date valid certificate of registration with any one of the above agencies indicating the details of the particular tendered item along with their bid. The certificate should be duly notarized.
1.7.3 The registration certificate issued from any one of the above agencies must be valid as on close date of the tender. The successful bidder should ensure that the same is valid till the end of the contract period.
1.7.4 The MSEs who have applied for registration or renewal of registration with any of the above agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are not eligible for exemption/preference.
1.7.5 The MSEs registered with above mentioned agencies/bodies for the tendered item are exempted from payment of Tender Fee and Earnest Money Deposit (EMD).
1.7.6 Purchase Preference – Subject to meeting terms and conditions stated in the tender document including but not limiting to prequalification criteria, MSEs registered with above mentioned agencies/bodies for the tendered item shall be allowed Purchase Preference as under:
1.7.6.1 In all scenarios detailed below, in case two or more MSE bidders have quoted the same price, then for price matching, SC/ST owned MSE bidder shall be given the preference.
I. Single item tender (shall not be split) or Multiple items tender (which cannot be split as per tender conditions): In case the L1 price is that of a non MSE bidder, then the MSE bidder (whose price is nearest to L1 price) shall be allowed to supply total tendered value provided its price is within the price band of L1 price +15 per cent and it matches the L1 price. In case the MSE bidder (whose price is nearest to L1 price) refuses to match the L1 price, then the next MSE bidder (whose price is 2nd nearest to L1 price and is within a price band of L1 price +15%) shall be allowed to supply total tendered value, provided it matches the L1 price and so on. If no MSE bidder whose price is within a price band of L1 price + 15% accept to match the price of the L1 bidder then the Purchase Order shall be placed on the L1 bidder.
II. Multiple items tender (tenders which can be split):
a. MSE bidder(s) is/are L1 for item(s) and the total evaluated price of such items >=20% of the total tendered value: Purchase Preference shall not be applicable for the balance items.
b. In other cases, items where the L1 price is that of non MSE bidder(s) and price of MSE bidder(s) is within a price band of L1 price +15%, “such” items will be offered to MSE bidder(s) (whose price is nearest to L1 price) for price matching as detailed below. On price matching Purchase Order for “such” items shall be placed on the concerned MSE bidder(s):
i. Sum Total of the total evaluated L1 price of “such” items and total evaluated L1 price of items where the L1 price is that of MSE bidder(s), is less than 20% of the total tendered value: All “such” items will be offered for price matching. In case the MSE bidder (whose price is nearest to L1 price) refuses to match the L1 price, the item will be ordered on the L1 bidder.
ii. Sum Total of the total evaluated L1 price of “such” items and total evaluated L1 price of items where the L1 price is that of MSE bidder(s) is>=20% of the total tendered value: “Such” items will be offered for price matching in such a way that the Sum Total of the total evaluated L1 price of “such” items and total evaluated L1 price of items where the L1 price is that of
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MSE bidder(s) is at least 20% of the total tendered value. The Items to be offered to MSE bidder(s) will be selected on the basis of the % difference between the L1 price and MSE bidder price (whose price is nearest to L1 price) in ascending order. During this exercise in case the MSE bidder (whose price is nearest to L1 price) refuses to match the L1 price, the item will be ordered on the L1 bidder and will not be replaced by new item for price matching even though the above mentioned 20% of the total tendered value is not achieved.
For example: There are 10 line items in a tender.
(A) In 3 line items the L1 price is that of MSE bidder(s) but total evaluated L1 price of these items is less than 20%
(B) In 4 line items the L1 price is that of non MSE bidder(s) and price of MSE bidder(s) is within a price band of L1 price + 15%. These 4 line items will be arranged in ascending order as explained above in b)ii). Suppose the total evaluated L1 price of (A) (3 line items where MSE is L1 bidder) along with first 2 line items of (B) adds up to 20% or more of the total tendered value, then first 2 line items of (B) only will offered for price matching.
Note: a) Total Tendered value means total lowest evaluated price for the entire tender. b) Price means Evaluated Price. c) A line item of the tender shall not be further split in multiple items tender. d) Negotiations shall not be conducted with bidders as a matter of routine. However,
IOCL reserves the right to conduct Negotiations with the L1 bidder. In such case the eligible MSE bidder will have to match the Negotiated L1 price. The price band of L1 price + 15% shall be based on pre-negotiated L1 price but all other criteria defined above shall be based on Negotiated L1 price.
1.7.7 Out of the twenty per cent (20%) target of annual procurement from micro and small enterprises four per cent shall be earmarked for procurement from micro and small enterprises owned by Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the tender requirements and L1 price, four per cent sub-target so earmarked shall be met from other MSEs.
1.7.8 To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority must be submitted by the bidder in addition to certificate of registration with any one of the agencies mentioned in Clause 1.7.1 above. The bidder shall be responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is defined as: a) In case of proprietary MSE, proprietor(s) shall be SC/ST b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% shares in
the enterprise. c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.
1.8.0 Transit Insurance: Bidders to note that the transit insurance will be arranged by IOCL, bidders need not quote for the same.
1.9.0 Delivery Instruction: Indian bidder has to supply the materials up to the site locations. Indian bidders have to quote unit basic rates inclusive of Packing & Forwarding and Freight.
1.10.0 BOQ Chart: The evaluation of tender (price) shall be carried out outside the e-tender system. No cognizance shall be given to the total landed price indicated / BOQ chart generated by the system.
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Foreign bidder has to quote both FOB as well as CFR price. FOB price quoted by the foreign bidder should be inclusive of all charges, taxes and duties up to the port of loading. CFR price quoted by the foreign bidder should be FOB price plus the sea freight charges only.
In case CFR rates are not quoted and the column is left blank, then freight charges shall be considered as NIL and CFR Prices shall be considered same as FOB Prices.
1.11.0 Delivery or Completion Period:
90 days from date of PO. LR/e-waybill date of ERV shall be considered as date of dispatch.
Delivery or completion period will remain unchanged irrespective of number of items.
1.12.0 Guarantee/Warranty: In suppression of clause No.30.0 and related clause(s) thereunder of GCP as follow: Guarantee/Warranty: The PV module shall be warranted for a period of 10 years from the date of supply. Completed white LED solar street lighting system excluding the battery and SPV shall be warranted for the period of 5 year from the date of supply. Warrantee for Battery shall be 2 year from the date of supply.
Performance Bank Guarantee: The Performances Bank Guarantee shall remain in force for the entire period covered by the guarantee i.e. 5 years + 3 months (Claim period).
1.12.1 Tender will be evaluated on overall landed cost basis.
1.12.2 IOCL reserves the right to place orders on the least cost option offer(s) under all
circumstances.
1.12.3 In case of a tender where there are more than one group, and if the bidder quotes for more no. of groups than their qualifications based on the technical and/or financial criteria (Important Tender Conditions), their priced bids shall be opened for all quoted groups for which they are technically qualified and individually meeting the Important Tender Conditions, and the group(s) with least cost to IOCL shall be considered as acceptable. The offer(s) for other group(s) shall be considered as rejected.
1.12.4 The L-1 bidder for other groups shall then be worked out without considering the above mentioned rejected bid(s)/ offer(s) as per 1.10.2.
1.13.0 Domestically Manufactured Electronic Products (DMEP):
1.13.1 Domestically manufactured electronic products (DMEP) notified by Govt. of India are eligible for preference in procurement as per prevailing directives of Government of India (Details available at URL www.meity.gov.in/esdm).
a) The domestically manufactured electronic products are those products which are manufactured by companies registered in India and engaged in manufacture in India including Contract Manufacturers, but excluding traders as notified by Govt. of India.
b) Domestic manufacturers are required to indicate the domestic value addition in terms of “Format for Domestic Value Addition” enclosed in the tender.
c) Percentage domestic value addition in terms of Bill of Material required to qualify as domestically manufactured shall be as per applicable notifications of Government of India.
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1.13.2 The quantity of procurement for which preference will be provided to domestic manufacturers
shall be as per latest Notification of Ministry of Communications and Information Technology, Department of Electronics and Information Technology, available at http://www.meity.gov.in/esdm/pma.
a) The preference to domestic manufacturer shall be subject to matching of L-1 price and on satisfying the technical specifications of the tender.
b) Only those domestic manufacturers whose bids are within 20% of the L1 bid would be allowed an opportunity to match the price of L-1 bidder.
c) Upon matching L1 rates, domestic manufacturer(s) shall be awarded order for reserved percentage value & the balance order shall be awarded to L1 bidder (initial L-1 bidder without considering preference).
d) If L-1 bid is of domestic manufacturer, the said bidder shall be awarded full value of order. e) Bidders, claiming to bid in the status of domestic manufacturer, are required to give an
undertaking / affidavit in the format (Form – 1) enclosed in the tender.
1.13.3 Wherever the MSE bidder is participating in the tender where non-MSE manufacturer have also participated and is not L-1 under domestic manufacturing category, the following shall be followed:
i) If the price quoted by MSE bidder is within 15% of the quoted L-1 price, 20% of the purchase order quantity (or that item) shall be offered as purchase preference, provided the MSE bidder has agreed to match the price of L-1 bidder.
ii) In case the price of MSE bidder who is other than L-1 bidder and is not within 15% of the L-1 price or does not match the price with the L-1 bidder (when within 15%), no purchase preference shall be extended to the MSE bidder.
1.14.0 The value of completed job indicated by the prospective bidders against Single Order Value (Refer Notice Inviting Tender) shall be exclusive of Service tax, if any.
1.14.1 The completion certificate submitted by the bidder shall separately indicate the service tax amount included in the value of completed job OR a separate certificate from the respective client, mentioning the service tax amount if any, included in the value of completed job under consideration should be submitted by the bidder.
1.14.2 In case Service Tax amount/ component is not specified in the submitted completion certificate, then the amount equivalent to rate of applicable service tax for the subject tender shall be deducted from the value of completed job mentioned in the completion certificate to arrive at the value of the completed job without service tax.
1.15.0 Notwithstanding any other condition/provision in the tender documents, in case of ambiguity or incomplete documents pertaining to Important Tender Conditions (ITC), bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete and unambiguous documents in support of meeting the ITC criteria. In case bidder fails to submit any documents or submit incomplete documents within the given time, the bidders tender will be rejected.
1.16.0 Tenders/Contracts Where Employment Of Agent Is Prohibited
1.16.1 Any effort by a bidder or bidder’s agent/consultant or representative howsoever described to influence the owner in any way concerning security / consideration/ evaluation comparison of the bid or decision concurring award of contract shall entail rejection of the bid.
1.16.2 The seller/bidder shall warrant not to engage, employ retain or involve in any manner directly or indirectly any agent consultant , associate, negotiator or servicing facility howsoever described within or outside /India concerning submission, follow up pursuit, procurement or any work pertaining to consideration and award of the work. The Seller/Bidder should at the time of submission of the offer and at all times there after till decision of the award of the contract is made and in the event of being successful till its implementation ensure absolute
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compliance with the aforesaid stipulation. In the event of any discharged or breach of the aforesaid warranty being discovered at any time whether prior to the award of the work or after the award or after completion of the work. Owner /Buyer shall without prejudice to its any other rights be entitled to exclude from consideration the bid of the seller /Bidder concerned or rescind, revoke and cancel the contract, if awarded and pending execution, rebate the seller from containing or participating in any other or future contracts and claim payment of the sum equivalent to the amount payable or that may have been disbursed or spent in disregard/ breach of the warranty together with the interest at the prevalent Bank lending rate in the same currency in which such amount is payable or disbursed to the agent however described. This shall be without prejudice to the buyer / owner’s right to initiate appropriate civil or criminal action for concealment, suppression, viz. representation, breach and /or any other action ,as deemed fit.
1.17.0 Clause 19.3 stands added to Instructions to Tenderers as herein below: 19.3. The offer shall be rejected & EMD shall be forfeited in case the tenderer
misrepresents facts or submits forged, false or fabricated documents.
1.18.0 Clause 30.8 stands added to Instructions to Tenderers as herein below: 30.8. If the bidder misrepresents facts or submit forged, false or fabricated documents,
action shall be taken to debar (Holiday list) the bidder for future enquiries.
1.19.0 Power of Attorney (POA): Authority of the person uploading the bids with his DSC shall be required to be submitted in the bids. Document required showing the authority of the person uploading & submitting the bid with his Digital Signature Certificate shall be as given in the following table:
In case of Proprietary Concern If the bid is submitted by the proprietor, no Power of
Attorney (POA) required. However, he will upload undertaking certifying that he is sole proprietor.
If the bid is submitted by person other than proprietor, POA authorizing the person to submit bid on behalf of the concern
In case of Company
Certified copy of Board Resolution authorizing the person submitting the bid on behalf of the company
OR
POA and the supporting Board Resolution authorizing the person submitting the bid on behalf of the company
In case of Partnership Firm/ LLP POA along with Deed of Partnership / LLP Agreement.
In case of Co-Operative Society Copy of resolution passed as per Society Rules
1.20.0 Bidder is to furnish the Undertaking as per Annexure-A (enclosed in case of e-tenders) as a token of acceptance to the Tender terms & conditions. "Seal and Signature of the bidder" is required on Declaration, Undertaking, Integrity Pact Agreement and any other document, specified in the Tender. If the bidder misrepresents facts or submit forged, false or fabricated documents, action shall be taken to debar (Holiday list) the bidder for future enquiries.
1.21.0 Selection of Banks for Bank Guarantees: (a) A Bank Guarantee (BG) up to Rs. 2 Crore can be accepted if it is issued by an Indian
Branch of any Scheduled Bank appearing in the Second Schedule to the RBI Act, 1934;
(b) A BG of above Rs. 2 Crore can be accepted if it is issued by an Indian Branch of i. Any Nationalized/PSU Bank appearing in the Second schedule to the RBI Act,
1934 OR
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ii. Any scheduled bank (other than a Nationalized Bank/PSU Bank) having at least Desired Credit Rating at the time of acceptance of BG Desired Credit Rating is defined as under:
Bank If the tenure of BG is more than 1 year, credit rating of
If the tenure of BG is up to 1 year, credit rating of
In case of foreign banks ‘A’ of Moody’s or equivalent
‘P-1’ of Moody’s or equivalent i.e. highest short term rating
In case of Indian Banks ‘ÁA’ of CRISIL or equivalent
‘Á1+’ of CRISIL or equivalent i.e. highest short term rating
(c) Apart from above, the BG, irrespective of its amount, issued by any other bank including but not limited to non-scheduled bank, foreign branches of scheduled banks and foreign branches of foreign banks can be accepted provided such BG is confirmed/ counter guaranteed by any Bank mentioned at (b) above.
(d) In case of acceptance of BG issued or confirmed / counter guaranteed by a Bank mentioned at para (b) ii, if the credit rating of such Bank falls below the Desired Credit Rating during the validity period of BG, the bidder/contractor shall either submit a fresh BG or get the existing BG confirmed / counter guaranteed, at its own cost, through a bank mentioned above at (b) [having at least Desired Credit Rating, if applicable].
(e) "Bidders to ensure that IFSC Code and Swift Code of IOCL's designated SBI
Branch, as mentioned, to be submitted to the bidders bank while opening the BG, so that BG confirmation is transmitted through SWIFT Message to IOCL's designated bank under SFMS (Structured Financial Messaging System)".
Our bank details are as under:
Beneficiary Name : Indian Oil Corporation Limited - Pipelines Division
Account No. 31195704026
Name and address of Beneficiary Bank Other Details of Beneficiary Bank
STATE BANK OF INDIA BHUBANESWAR MAIN BRANCH UNIT-I, RAJPATH, PO-ASHOK NAGAR BHUBANESWAR - 751009 ORISSA
Branch Code : 0041
IFSC Code : SBIN0000041
MICR Code : 751002002
FAX No.: 0674-2531959
1.22.0 Grievance Officer: For any Grievance, bidders may contact:
Name & Contact Details of Grievance Officer
Contact Person: Sh. Jayanta Sengupta General Manager (Operation) Tel: +91-0674-2374516 E-mail: [email protected]
1.23.0 Bill Tracking System (BTS): 1.23.1 A bill management/tracking mechanism has been devised at Owner’s end in form of a portal
namely “BILL TRACKING SYSTEM FOR VENDORS” available at https://associates.indianoil.co.in/Vendor/” whereby a Vendor, if so desires, can enter the details of its bills/invoices, raised in terms of the contract, and track the status of the same.
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1.23.2 Notwithstanding any such entry, the bill shall only be considered to be under process once the actual bill/invoice is received in terms of the Contract and the said option is only to ensure transparency while providing a mechanism to the Vendor to track the status of its bill(s).
1.23.3 No terms or conditions of payment, as provided under the contract, stand amended.”
1.24.0 Conditions for verification of Documents:
1.24.1 The documents are being submitted by the bidders in tenders, the responsibility of authenticity of documents shall be with bidders.
1.24.2 Documents against Pre-Qualification Criteria submitted should be attested by the authorized representative of the bidder along with the proof of the authority and by the Charted Accountant.
1.24.3 The successful bidder i.e.L1 bidder shall be required to present their original documents to the tender inviting authority within a period of 5 days (in case of Indian Bidder) from the date of opening of price bids. In absence of the same their offer will be liable for rejection.
1.24.4 In case, any bidder submits forged documents and it comes to the notice then the Bidder’s bid will be rejected and will put on Holiday listing as per the guidelines of the Corporation.
1.24.5 For the high value tenders, where pre-price bid meeting is applicable, bidders will be requested to come with the original documents for verification to save time. However, in case bidders fail to turn up with original documents for verification. Their bids will be opened in line with the procedure, as indicated above.
1.24.6 Bidder did not get the documents in original e.g. order was issued through e-mail from the order issuing authority. In that case tender inviting authority empowered to verify the authenticity from other sources e.g. Order issuing authority/inspection agency etc. However, it is the responsibility of the bidder to arrange the originals before the opening of price bid.
Format for Domestic Value Addition*
Item No. Item Description
Manufacturer / Supplier
Country of Origin
Domestic Value Addition in
percentage of quoted rate
(As per no. of items in BOQ)
(To be filled by bidder)
(To be filled by bidder)
(To be filled by bidder)
1
To be filled as per BoQ
To be filled as
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2
per BoQ
3
To be filled as per BoQ
4
To be filled as per BoQ
Value to be considered for arriving at Total Domestic Value addition for procurement shall be as per Prices quoted in BoQ
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Instructions to Tenderers for participation in e-tender 1. Indian Oil Corporation Ltd. has developed a secured and user friendly system which will
enable Vendors / Bidders to Search, View, Download tenders directly from Indian Oil Corporation Ltd., secured website and also enables them to participate and submit Online Bids on the e-tendering site https://iocletenders.nic.in directly from the website in secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process and award
2. Bidders are requested to read following conditions in conjunction with various conditions,
wherever applicable appearing with this bid invitation for e-tendering. The conditions mentioned here in under shall supersede and shall prevail over the conditions enumerated elsewhere in the tender document.
3. How to submit On-line Bids / Offers electronically against e-tendering?
3.1. Vendors / Bidders are advised to read the following instructions for participating in the electronic tenders directly through internet:
i) Late and delayed Bids / Offers after due date / time shall not be permitted in e-
tendering system. No bid can be submitted after the last date and time of submission has reached. (However if bidder intends to revise the bid already submitted, they may change / revise the same on or before the last date and time of submission of bid). The system time (IST) that will be displayed on e-tendering web page shall be the time and no other time shall be taken into cognizance.
ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.
iii) No bid can be modified or submitted after the dead line for submission of bids. iv) No physical bids / offers along with electronic bids / offers shall be permitted.
4. What is a Digital Signature? Or (Digital Signature Certificate –DSC)
4.1. This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who in turn allot on a regular basis Digital Certificates, Documents which are signed digitally are legally valid documents as per the Indian IT Act (2000).
5. Why is a Digital Signature required?
5.1. In order to bid for Indian Oil e-tenders all the vendors are required to obtain a legally valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. The Digital Certificate is issued by CA in the name of a person authorized for filing Bids / Offers on behalf of his
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Company. A Vendor / Bidder can submit their Bids / Offers On-line only after digitally signing the bid / documents with the above allotted Digital Signatures.
5.2. For more information on DSC or how to obtain a DSC, please follow the link
“Information about DSC” on the home page of our e-tender portal. 5.3. Use the class 2 or class 3 Digital Certificate thus obtained for online bidding on
Indian Oil e-tendering site 6. Pre-Bid Conference
6.1. Any queries in connection with the bid should be posted prior to pre-bid conference (if scheduled) on the private folder of the vendor’s private area in Indian Oil’s portal. Replies to the queries shall be deliberated / discussed during the pre-bid conference and the same shall be posted on the portal to enable viewing by all. Further, during the pre-bid conference, Indian Oil may also arrange demonstration of the e-tendering system to the vendors present and who may be interested in attending the same.
7. Submission of Documents
7.1. The Price Bid and Un-priced Technical Bids have to be submitted online only. However, documents which necessarily have to be submitted in originals like EMD and any other documents mentioned in the tender documents have to be submitted offline. Prices should not be submitted in a sealed envelope. Indian Oil shall not be responsible in any way for failure on the part of the bidder to follow the instructions.
7.2. It is advised that the bidder uploads small sized documents (preferably up to 4 MB) at a time to facilitate in easy uploading into e-tendering site. Indian Oil does not take any responsibility in case of failure of the bidder to upload the documents within specified time of tender submission.
8. Submission and Opening of Bids
8.1. Bid along with all the copies of documents should be submitted in the electronic form only through Indian Oil e-tendering system.
8.2. Before the bid is uploaded, the bid comprising of all attached documents should
be digitally signed using digital signatures issued by an acceptable Certifying Authority (CA) in accordance with the Indian IT Act 2000.
8.3. The Authenticity of above digital signatures shall be verified through authorized
CA after bid opening and in case the digital signature is not authorized / valid, the bid will be rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of the same by responsible persons who can bind the bidder. Power of attorney of the signatory, issued by the bidding company should be submitted along with other documents as per tender conditions in physical form.
9. Last Date for Submission of Bids
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9.1. Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.
9.2. Vendors / Bidders must use any computer having Windows 2000 or Windows XP
versions or higher of Window operating system and an internet web browser version internet explorer V6.0 or higher recommended.
10. General
10.1. Indian Oil Corporation Ltd. invites sealed bids under two bid system from vendors
meeting the Bidder’s Eligibility Criteria as stated in the detailed RFQ/Bid Document attached.
10.2. Mode of tendering: e-Tendering (Physical Bids will not be accepted) 10.3. Bid has to be submitted through our e-Tendering website
https://iocletenders.nic.in. Bidders shall submit (upload) their Technical bid i.e. Un-priced Bid in Collaboration Folders of e-tendering system and upload filled in Price Bid (BOQ) as attachment.
10.4. The price bid - (BOQ) which is a Microsoft Excel attachment shall be downloaded and quote their prices strictly as per the format without altering any of its content/format.
10.5. Bids should be valid for 4 months from the bid due date. Only the Bids submitted on our e-tendering system will be considered for evaluation.
10.6. Physicals Bids sent through Fax / E-mail / Courier / Post will not be accepted. Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not to stipulate any deviations / exceptions.
11. Bill of Quantity (BOQ)
11.1. The Schedule of Rates under e-tender is called Bill of Quantity (BOQ), which is a Microsoft Excel file.
11.2. No change in BOQ is permitted and any change in BOQ format will make the offer liable for rejection.
11.3. Bidder shall take utmost care in filling in the BOQ. Please follow the instructions in the BOQ strictly.
11.4. Bidder shall put the correct inputs in the BOQ as required, only in the designated non-greyed cells. Special care shall be given to make entry in the requested format (eg. In % or in absolute value as the case may be.) No cognizance shall be given for any wrong entry in the BOQ.
11.5. In case of Global tenders, Indigenous bidders shall select “INR” against ‘currency type’ to be quoted; where as foreign bidder shall select “currency” in the corresponding column and subsequently select the choice of currency from the field in row 4.
11.6. Uploading of Scanned copy of BOQ is not acceptable and such bids shall be summarily rejected.
11.7. Bidder shall solely be responsible for the correctness of rate/data entered in the BOQ.
11.8. Bidder shall submit a scanned copy of the BOQ indicating “quoted” /”not quoted” in all the cells required to be filled. The scanned copy of the un-priced BOQ shall be uploaded along with the technical bid.
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Pipelines GENERAL CONDITIONS OF PURCHASE
1.0 DEFINITIONS 1.1. The following expressions used in the Purchase Order shall have the meaning
indicated against each of these.
1.1.1. The “Owner” means Indian Oil Corporation Ltd., a company incorporated in India having its registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai – 51 acting through the office of the Director (Pipelines), A-1, Udyog Marg, Sector – 1, Noida – 201 301, and shall include its successors and assignees.
1.1.2. “Goods/Equipments/ Materials”: Goods /Equipments/ Materials shall mean any of the
articles, materials machinery equipments, instruments, computer, control and other electronic and electrical systems, supplies, drawings, software, data and other property and all services, including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required by the owner and shall include parts, components, assemblies and sub-assemblies thereof, as per the Purchase Order.
1.1.3. ‘Vendor’: Vendor shall mean the person, firm, company or Corporation or the
successor thereof, to whom the Purchase Order is issued.
1.1.4. ‘Inspector’: Inspectors or representatives deputed by Owner.
1.1.5. ‘Project’: Pipeline Project or Pipeline Unit of Indian Oil Corporation Limited (Pipelines Division) for which the Material(s) is/are required.
1.1.6. “Contract” shall mean the contract as derived from: i) The Tender Documents; ii) Agreed Variations to the Tender Documents; iii) Vendor’s Priced bid; and iv) The Purchase Order
1.1.7. “Contract Document(s)” shall mean individually and collectively the documents
constituting the contract.
1.1.8. “Free Issue Material(s)” means any equipment, parts or components or spares to be supplied by Owner to the Vendor which are to be incorporated in any supply of Indigenous Material(s).
1.1.9. “Purchase Order” or “Order” means Owner’s acceptance of the Vendors’ offer/bid and includes any formal or detailed Purchase Order issued by Owner pursuant to the acceptance of the bid.
1.1.10. “Tender Documents” with reference to the Purchase Order mean: i) Material Requisition/Request for Quote; ii) General Terms and Conditions of Purchase; iii) Technical Specifications;
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iv) Special Conditions of Purchase (if any); v) Addendum (if any) to the Tender Documents.
1.1.11. “Total Contract Value” or “Total PO Value” means total value of the Material(s) and services to be supplied as specified in the Purchase Order, exclusive of reimbursable taxes and duties
1.1.12. “Stipulated Delivery Period” means the date(s) for delivery of the Material(s) as stipulated in the Contract and failing such stipulation, shall mean the date(s) for such delivery (ies) as agreed between the Vendor and the Owner.
2.0 Interpretation of Contract Documents
2.1.1. The several Contract Documents forming the Contract are to be read together as a
whole and are to be taken as mutually explanatory.
2.1.2. Should there be any doubt or ambiguity in the interpretation of the Contract Documents or in any of them, the Vendor shall prior to commencing the relative supply or work for supply under the Contract apply in writing to Owner for resolution of the doubt or ambiguity. Should the Vendor fail to apply to Owner within 7 days from the date of receipt of the Order for its clarification as aforesaid, the Vendor shall perform the relative work and/or make the relative supply at his own risk.
2.1.3. Any item of supply or service relative thereto shown, indicated or included by
expression or implication in any document forming part of the Contract shall be 5 deemed to form part of the Scope of Supply with the intent that the indication or inclusion of the supply or service within any of the said documents shall be a sufficient indication of the Scope of Supply or service covered by the Contract.
2.1.4. No verbal agreement or assurance, representation or understanding given by any
employee or officer of Owner or so understood by the Vendor shall anywise bind Owner or alter the Contract Documents unless specifically given in writing and signed by or on behalf of Owner as an Agreed Variation to the relative term(s) in the Contract Document(s).
2.1.5. Clause headings given in this or any other Contract Documents are intended only as a general guide for convenience in reading and segregating the general subject of the various clauses, but shall not govern the meaning or import of the clauses there under appearing or confine or otherwise affect the interpretation thereof.
3.0 Irreconcilable Conflicts
3.1.1. Subject to the provisions of Clause 3.0 hereof, in the event of an irreconcilable conflict between the provision of these General Terms and Conditions of Purchase and/or the Special Conditions of Purchase and/or Addendum (a) and/or the Agreed Variations to the Tender Documents and/or the Purchase Order and/or between any of the other said documents so that the conflicting provision(s) cannot co-exist, to the extent of such irreconcilable conflict, the following order of precedence shall apply so that the conflicting provision(s) in the document lower in the order of precedence set out below shall give way to the conflicting provision(s) in the document higher in the order of precedence, namely: i) Agreed Variations to the Tender Documents; ii) Purchase Order; iii) Addendum (a) to the Tender Document; iv) Special Conditions of Purchase;
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v) General Conditions of Purchase; vi) Other Contract Documents
4.0 Reference for Documentation:
4.1.1. Purchase Order No. must appear on all correspondence, drawings, invoices, shipping
documents, packing and any documents connected with the order.
5.0 Confirmation of Purchase Order:
5.1.1. The Vendor shall acknowledge the receipt of the Purchase Order within 10 (ten) days following the mailing of the order and shall there by confirm his acceptance of the purchase order in its entirety without exceptions.
6.0 Sales Conditions:
6.1.1. With Vendor’s acceptance of provision of the Purchase Order he waives and
considers as cancelled any of his general sales conditions.
7.0 Entire Contract:
7.1.1. The terms and conditions of the purchase order with specifications drawings and other attachments annexed thereto constitute the entire contract between the parties hereto. Changes will be binding only if the amendments are made in writing and signed by an authorized representative of the owner and the Vendor.
8.0 Inspection Checking Testing:
8.1.1. The equipments/ materials or workmanship covered by the Purchase Order are
subject to inspection and testing by Inspectors at any time prior to shipment and/ or dispatch. Such inspectors shall have the right to carry out the inspection and testing at any stage which will include the raw materials, at manufacturer’s shop and at Fabricator’s shop and at the time of actual dispatch before and after completion of packing.
8.1.2. All tests, mechanical and others and particularly those required by relevant codes will
be performed at the Vendor’s expenses and in accordance with the Inspector’s instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory testing agencies or by Lloyds Register of Shipping or any other Agency, as may be required.
8.1.3. The salaries and fees of Inspectors and their travelling, lodging and boarding
expenses will not be borne by the Vendor unless inspections become infructuous due to any omission or commission on the part of the Vendor. Before shipping or dispatch, the equipments/ materials will have to be checked and stamped by Inspectors who are authorized also to forbid the use and dispatch of equipments/ materials which during tests and inspection fail to comply with the specifications, codes and testing requirements.
8.1.4. The Vendor will have to: 8.1.4.1. Inform Owner/ Owner’s Inspector at least eight days in advance the exact place,
date of time of rendering the equipments/ materials for required inspection;
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8.1.4.2. Provide free access to Inspectors during normal working hours to Vendor’s or his/ its sub-Vendor’s works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping.
8.1.5. It shall be the responsibility of the Vendor to ensure that only such materials as have
been duly inspected and approved by the nominee of the Owner are shipped and to furnish a certificate as under: “Certified that the materials have been duly inspected and approved by the prescribed authority in accordance with the terms of the contract and a copy of the Inspection Certificate in this behalf is enclosed”.
8.1.6. Even if the inspections and tests are fully carried out, Vendor is not absolved to any
degree from his responsibilities to ensure that all equipments and materials supplied comply strictly with requirements as per purchase order during manufacturer, at the time of delivery, and after its erection or startup and guarantee period as stipulated in Clause 30.0 hereof.
8.1.7. The Vendor’s responsibility will not be lessened to any degree due to any comments
made by Owner/ Owner’s representatives and inspectors on the Vendor’s drawings or specifications or by Inspectors witnessing any chemical or physical tests. In any case, the equipments must be in strict accordance with the purchase order and or its attachments failing which the owner shall have the right to reject the good and hold the Vendor liable for non-performance of contract.
8.1.8. The materials shall be manufactured at the place named in the quotation or at such
place or places as may be approved by the Owner.
9.0 Expediting:
9.1.1. Owner/ Owner’s representatives, where-ever assigned to expedite both manufacture and shipment of equipment/ materials covered by the Purchase Order, shall have free access to Vendor’s shop and or sub-supplier’s shop at any time and they shall be provided with all the necessary assistance and information to help them perform their job. Vendor shall furnish all documents such as but not limited to schedule/PERT chart testing and delivery program and any other information as may be called for.
10.0 Weights and Measurements:
10.1.1. The shipping documents, invoices, packing lists and all other relevant documents
shall contain the same units of weights and measurements as given in the Owner’s Purchase Order.
11.0 Economic Transportation
11.1.1. The equipments/ materials are to be consigned by the most economical and
expeditious mode of transport to the consignee and Indian Port as specified in the Purchase Order.
12.0 Oil & Lubricants:
12.1.1. The first filling of oils and lubricants for every equipment shall be included in the price.
The Vendor shall also recommend the quality and quantity of oils and lubricant required for one year’s continuous operations.
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13.0 Spare Parts:
13.1.1. The Vendor must furnish itemized and price list of spare parts required for two year’s operation of equipments. The Vendor shall provide the necessary cross sectional drawings to identify the spare parts numbers and their location as well as in interchangeability chart.
14.0 Packing & Marking:
14.1.1. Indigenous Supply: 14.1.1.1. All containers in which the materials are supplied (including packing cases, boxes
etc.) by the supplier shall be considered as non-returnable and their cost as having been included in the contract prices unless specifically mentioned in the contract otherwise.
14.1.2. Imported Supply:
14.1.2.1. Foreign Equipments/ materials shall be suitably packed in weatherproof 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. In case of wooden packing material, the same must conform to requirements under Plant Quarantine (Regulation of Import into India) order.
14.2. Equipments/ materials shall be protected by suitable coats of paint and all exposed
metallic parts protected from rust by application of rust preventive as may be necessary. All machinery surfaces shall be suitably protected.
14.2.1. All fragile and the exposed parts will be packed with care and the packages shall
bear the words, “WITH CARE, GLASS FRAGILE, DON’T ROLL THIS END UP, THIS END DOWN”, in English.
14.2.2. Packaged equipment / material showing damages resulting from improper packing material / packing procedure or having concealed damages or shortages at the time of opening of packages shall be to the supplier’s account.
14.2.3. Attachments and spare parts of equipment and all small pieces shall be packed
separately in wooden cases with adequate protection inside the case and suitably tagged with identification of main equipment items denomination and reference no. of respective assembly drawings
14.2.4. All equipments/ materials shall be marked with strips bearing progressive numbers.
In case of bundles the shipping marks shall be embossed on metal or similar tag and wired securely on each side.
14.2.5. All nozzles, holes and openings as also all delicate surfaces, shall be carefully
protected against damage and bad weather. Flange faces of all nozzles shall be protected by blanks.
14.2.6. All manufactured surface shall be painted with rust preventing paint.
14.2.7. All threaded fittings shall be greased and provided with plastic cap.
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14.2.8. All small pieces shall be packed in case.
14.2.9. The vendor shall be held liable for all damages or breakage to the goods due to
defective or insufficient packing as well as for corrosion due to insufficient greasing/ protection.
14.2.10. On three sides of the packages, the following marks shall appear clearly visible in
indelible paint and on Vendor’s care and expenses.
------------------- Pipeline Project From : For : Order No : Rev. No : Item : Equipment Nomenclature : Net Weight : Gross Weight : Case No. : Of Total Cases : Dimensions :
14.2.11. For every order and every shipment, packages must be marked with serial
progressive numbering. All cases will bear warning signs on the outside denoting the centre of gravity and sling marks. Specific marking for sling should be provided for all heavy lifts weighing 5 tonnes and above. Top Heavy containers will be earmarked as either Top Heavy or Heavy Ends. All packages that require special handling and transport should have their centers of gravity and points at which they may be gripped clearly indicated and marked, “ATTENTION SPECIAL LOAD HANDLE WITH CARE” IN ENGLISH LANGUAGE. When packaging material is clean and light colour, dark black stencil paint shall be acceptable. However where packaging materials is soiled or dark, a coat of flat zinc white paint shall be applied and allowed to dry before applying the specific markings. A distinct colour splash in say red-black around each package/ crate/ bundle shall be given for identification.
14.2.12. In case of large equipments like vessels, heat exchangers etc. documents contained
in the envelopes shall be fastened inside a shell connection with an identifying arrow sign ‘DOCUMENT’ applied with indelible paint.
15.0 Shipment / Consignment:
15.1. Indigenous Supply 15.1.1. The vender shall make dispatch only after inspection, testing and release order /
material acceptance certificate issued by owner unless otherwise specially advised in writing. In the event of vendor having been advised to hold the materials/equipments for any reason whatsoever the vendor shall hold the material in his/its warehouse for at least 30 days without any compensation or without any prejudice to any reduction in price already accrued on account of delays.
15.1.2. Vendor shall exercise due care and ensure that consignment (s) are booked under
appropriate railway classifications failing which any additional freight incurred by Owner shall be to Vendor’s account. Goods shall be consigned in the name of consignee to be informed by Owner in due course of time or along with Purchase
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Order. Goods shall be dispatched by most economical and expeditious mode of transport to the destination.
15.1.3. Owner reserves right to advise any change in dispatching / destination / mode of
transport as may be required. Any extra expenditure on this account will be reimbursed by Owner on submission of satisfactory documentary evidence / as finalized within 10 days from the date when change is ordered.
15.1.4. Vendor will be responsible to bear all expenses which may arise due to improper /
insufficient / defective documentation while dispatching materials / advising Owner according to the terms of the Contract. Similarly, Vendor shall be responsible for the delay and / or demurrage in clearance of the consignment due to delay in transmittal of the proper / needful documents.
15.1.5. The materials to be dispatched through a transporter registered as per Carriage by
Road Act 2007 and Carriage by Road Rules, 2011. The Consignment Note/ Lorry receipt must carry the registration number as per the rules stated in The Carriage by Road Rules, 2011.
15.2. Imported Supply 15.2.1. The vendor shall make shipment only after prior approval of owner otherwise
specially advised in writing. All shipments of equipments/ materials shall be made in the Indian Flag Vessel/ Vessels belonging to Conference lines having Indian participation. The Vendor shall arrange with Vessel’s Owners or Forwarding Agents for proper stowage of the entire cargo intended for the Project in a specific manner so as to facilitate the handling and off loading at the port of destination and to avoid any over carriage at the port of discharge. All shipments shall be under deck, unless carriage on deck is unavoidable.
15.2.2. In case of FOB contract –
(A) Ocean shipping arrangement shall be made by: Asstt. Shipping Officer Transchart, Ministry of Shipping Room No. 539, Parivahan Bhavan 1, Parliament Street New Delhi 110001
Tel 011 23719480, Fax: 011 23718614, e-mail:[email protected] Through their authorized forwarding agents as mentioned in P.O. terms & conditions
15.2.3. Air shipment arrangements shall be made by our authorized Freight Forwarder as indicated in the Purchase Order.
15.2.4. Vendor shall furnish to the authorized agents the full details of consignments such as
outside dimensions, weights/ both gross and net, No. of packages, technical descriptions and drawings, name of Vendor, port of loading etc. 30 days’ advance notice shall be given by Vendor to enable the concerned agency to arrange vessel/carrier/shipping space. Copy of this notice should be sent to the office that issued the Purchase Order as well as to the respective Port Office.
15.2.5. Export License, if any, required from the Government Authorities of the country of
origin shall be obtained by the Vendor.
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15.2.6. ‘The Vendor shall inform owner sufficiently in advance about shipment of equipment
with full particulars. As soon as any shipment is made, the Vendor shall send advance information by way of Fax/e-mail to Owner {Fax: (0091) 120 2448024, e-mail as indicated in the PO} giving order reference, particulars of the shipments, Vessel’s name, port of shipment, bill of lading No. and date, number of package, gross weight, total FOB value with confirmation copies by post.
16.0 Shipping Documents:
16.1.1. For Indigenous Supply: 16.1.1.1. Vendor shall send documents listed below as applicable in indicated number of sets,
unless otherwise indicated in purchase order, so that they are received at least three days before receipt of material.
1. Invoice. - 3 copies 2. Packing list - 3 copies 3. Manufacturers Guarantee Certificate - 3 copies 4. Drawing/ Catalogue - 3 copies 5. Vendor’s Certificate of inspection - 3 copies
6. Despatch clearance - 3 copies 7. Any additional documents required to be furnished for receiving payment
under the contract.
16.1.1.2. If as per the terms of L.SC or otherwise, the complete original set of documents are required to be sent to owner through bank, the distribution indicated will confine to copies of documents mentioned above.
16.1.1.3. The consignment unless notified separately, shall indicate following:
Consignee Indian Oil Corporation Limited, (Pipelines Division) A-1, Udyog Marg, Sector –1, Noida – 201 301
16.1.1.4. The invoices and packing list must show uniformly the marks and numbers, contents case wise, consignee’s name and place of destination. The invoice must show along with other details, the unit rate and net total price. Packing list must show apart from other particulars actual contents in each case, net and gross weight and dimensions and the total number of packages. The documents should be duly signed by the Vendor's authorized representative.
16.1.1.5. All documents shall be in bilingual (Hindi & English) or only English language.
16.1.2. For Imported Supply: 16.1.2.1. The shipper should within 24 hours of shipment convey vide Fax/Email to the insurer
under intimation to the owner & port office the dispatch particulars as per following details: (1) Policy No. (2) Particulars of cargo (3) Name of Vessel (4) Port of Shipment/ Port of discharge (5) Bill of Lading, number & date (6) Total FOB / CFR value.
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16.1.2.2. Documents to be sent preferably in soft form (scanned copy) immediately after the shipping.
16.1.2.3. The time for allowing negotiation of documents should generally be 15 days for ocean
shipment and seven days in case of air.
16.1.2.4. Vendor shall obtain the shipping documents listed below as applicable in indicated number of sets, including three original stamped copies of the Bill of Lading as quickly as possible after the shipment is made, and airmail to owner, as per distribution indicated in purchase order, so that they are received at least three weeks before the arrival of the vessel.
1. Clean bill of lading. - 5 copies 2. Invoice. - 5 copies 3. Packing list - 5 copies 4. Country of origin certificate - 5 copies 5. Manufacturers Guarantee Certificate - 5 copies 6. Drawing/ Catalogue - 5 copies 7. Vendor’s Certificate of inspection - 5 copies
8. Despatch clearance - 5 copies 9. Any other document required for custom clearance 10. Any additional documents required to be furnished for receiving payment
under the contract.
16.1.2.5. If the terms of letter of credit or otherwise, the complete original set of documents are required to be sent to owner through bank, the distribution indicated will confine to copies of documents.
16.1.2.6. The Bill of Lading shall indicate as follows:
In case of FOB contract : Consignee : Indian Oil Corporation Limited,
(Pipelines Division) A-1, Udyog Marg, Sector –1, Noida – 201 301
Ultimate consignee : As per Purchase order terms
16.1.2.7. All columns in the body of the Bill of Lading, namely, Marks and Numbers, Material description, weight, particulars etc., should be filled in accurately and such statements should be uniform in all the shipping documents. The freight particulars should mention the basis of freight payable shown at the bottom.
16.1.2.8. The Vendor shall ensure that in effecting shipments clean bill of lading are obtained
and the carrier’s responsibility is fully retained on the Carrier so that the Owner’s interests are fully assured and are in no way jeopardized.
16.1.2.9. The invoices and packing list must show uniformly the marks and numbers, contents
case wise, country of origin, consignee’s name and port of destination, as in the case of Bill of Lading. The invoice shall show the unit rate and net total FOB price. 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 weight and dimensions and the total number of packages. The documents should be duly signed by the Vendor's authorized representative.
16.1.2.10. All documents shall be in English language.
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16.1.2.11. Vendor shall be fully responsible for the delay and/ or demurrage in clearance of the
consignment at the port of discharge due to delay in transmittal of the shipping documents. Any demurrage on account of either non-receipt of shipping documents in time or their being defective will be to the account of Vendor.
17.0 Transit Insurance:
17.1.1. Transit Insurance shall be arranged by the Owner. The Vendor shall within 24
(Twenty four) hours of consignment /shipment convey by Fax / Email to the insurer under intimation to the owner the dispatch particulars which should include all details but not limited to:
17.1.2. For Indigenous supply:
17.1.2.1. 1) Cover Policy Number as mentioned in PO 2) Particulars 3) invoice no.& date 4)
P.O. ref. 5)Transporter’s consignment note no. and date of transportation 6) total value of the consignment
17.1.3. For Imported supply:
17.1.3.1. 1) Policy Number 2) Particulars of Cargo/dispatch, 3) Vessel’s Name, 4) Port of
Shipment/ Port of Discharge, 5) Bill of lading number and date, 6) Total FOB/ CFR Value
17.1.3.2. Consignment landing at JNPT Port with place of discharge at Nhava Sheva/ CFS
Mulund / Mumbai Port: Insurance will be arranged by: Deputy General Manager Indian Oil Corporation Limited,(Refineries Division), G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai – 400 051 Phone : (91) 22 26407549/ (91) 22 2640 4746 Fax : (91) 22 26400774 Against Marine Open Cover Policy no as mentioned in Purchase Order.
17.1.3.3. Consignment landing at Kolkata Port: Insurance will be arranged by:
Deputy General Manager, Indian Oil Corporation Limited, (Refineries Division), Indian Oil Bhawan, 2 Gariahat Road (South) Dhakuria Kolkata - 700 068 Phone: (91) 33 241 45030/ (91) 33 24145031 Fax : (91) 33 247 33202/ (91) 33 3923/5352 Against Marine Open Cover Policy no as mentioned in Purchase Order.
Any failure by the Vendor to forward the dispatch particulars to the insurer & owner shall place the consignment at the Vendor’s risk.
18.0 Respect for Time of Delivery:
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Time of delivery as mentioned in the Purchase Order shall be the essence of the contract and no variation shall be permitted except with prior authorization in writing from the Owner. Equipments/ Materials should be delivered, securely packed and in good order and condition, at the place and within the time specified in the purchase order for their delivery. By time of delivery is meant the date of L/R /date on the Bill of Lading in Port of dispatch.
19.0 Delayed Delivery:
19.1. The time and date of delivery of goods/materials/ equipment as stipulated in the purchase order shall be deemed to be the essence of the contract. If delay occurs in delivery of material beyond a free period of 7 (seven) days from the date of delivery stipulated in the delivery schedule, the purchaser may at its option, without prejudice to any right it may have:
i) Accept in whole or part the delayed delivery, in which event the purchaser shall be
entitled to a discount of ½%(half percent) in the price of the goods delivered late for every week of delayed or part thereof, subject to a maximum discount of 5% (five percent) of the total undiscounted/ unreduced contract price and/or.
ii) Terminate the order in whole or part the contract insofar as it concerns the goods not delivered in time and without prejudice to any right under (i) above in respect of goods delivered, recover price discount from the supplier in a sum equivalent ½% (half percent) subject to maximum 5% of the value of goods/ items covered by the cancellation for every week or part of a week of delay involved between the date(s) of delivery aforesaid and the date of cancellation to cover the loss and to meet the additional expenditure of the purchases resultant upon the delay/ failure and
a) Purchase the same or any part thereof elsewhere at the risk and cost of the Vendor.
b) Recover from the Vendor the difference between the market price and contract price prevailing on the date of termination for items covered under (a) above.
c) However the maximum liability under this clause shall be the total contract price or part thereof for undelivered material.
d) This clause shall not limit liability in any case of fraud, deliberate default or reckless misconduct by the vendor
iii) Time lost on account of any shipment/ consignment withheld on the specific
instruction of the purchaser, shall not be taken into account in reckoning the period of delay.
20.0 Force Majeure:
20.1.1. In the event of either party being rendered unable by force majeure to perform any
obligation required to be performed by him under the contract, the relative obligation of the party affected by such force majeure shall be suspended for the period during which such cause lasts. The decision of the owner will be final and binding on vendor
20.1.2. The term “force majeure” as employed herein shall mean acts of god, war, revolt, fire, flood, national strikes which have duration of seven calendar days and acts and regulations of respective government.
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20.1.3. Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, then the vendor must advise owner by registered letter giving full particulars and duly certified by local chamber of commerce or statutory authorities, the beginning and end of such causes of delay immediately but not in any case later than 15 days from beginning and end of each cause.
20.1.4. Time for performance of the relative obligation suspended by force majeure shall stand extended by the period during which such cause lasts
20.1.5. If deliveries are suspended by force-majeure conditions lasting for more than 60 days, the purchaser shall have the option of canceling the contract in whole or part, without financial consequences to or entitlement in either party resultant upon such cancellation, which will operate as a discharge of all future obligations under the contract, but without any rights or obligations arising out of any antecedent breach.
21.0 Rejection Removal of Rejected Goods and Replacement:
21.1.1. In case the testing and inspection at any stage reveal that the equipment, materials
and/ or workmanship do not comply with specifications and requirement and in case of rejection of equipments/ materials under Clause 8.0 hereof, the same shall be removed by the Vendor at his/ its own expenses 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 the Owner may think appropriate in the event the Vendor fails to remove the rejected goods within the period as aforesaid. Nothing shall constitute the owner as a trustee or bailee for or in respect of those rejected material. All expenses incurred by the Owner, for such disposal shall be to the account of the Vendor. The Vendor will have to proceed immediately with the replacement of the equipment or part of the equipment and arrange to deliver at site( at port in case of foreign vendor) without claiming any extra payment (including custom duty, Port charges etc) and without prejudice to owner’s right as per clause 19.0 if so required by the Owner. The time taken for replacement in such event will not be added to the contractual time of delivery.
22.0 Price:
22.1.1. The price shall be firm and not subject to escalation for any reason whatsoever till the
execution of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order. The price shall be comprehensive, inclusive of but not limited to cost of raw materials and processes, manufacturing, inspection, test, rejections, storage, handling, adequate water proof /seaworthy packing and forwarding and all other charges up to effecting delivery at FOR destination in case of FOR destination contract /FOB dispatch port in case of FOB contract and additionally ocean freight and port charges in case of CFR contract.
22.1.2. In case of Indigenous supply the prices herein specified, unless otherwise expressly
stated in the total price schedule which shall be deemed to include all Central / State and other Municipal or legal taxes, duties, levies etc including but not limited to Service tax , entry tax, Octroi, etc. which either of the parties hereto may be statutorily liable to pay. Variation of sales tax /excise duty rate will be paid extra/refundable if enforceable during contractual delivery period. New promulgated tax, duty applicable
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during contractual delivery period on the finished product will be paid extra. However, the benefit of any reduction must be passed on to Owner
22.1.3. Freight, taxes and duties are not intended to operate as a profit centre but are intended only to meet the relevant costs incurred on this account. If any reimbursement or collection of the taxes or duties by the Vendor from Owner is in excess of the freight, taxes and/or duties actually paid by the Vendor, the Vendor shall forthwith refund such excess to Owner together with interest thereon at 1% (one percent) per annum above the Prime Lending Rate of the State Bank of India from the date of collection until the date of refund.
23.0 Terms of Payment:
23.1.1. Payment will be made by the Owner in accordance with the terms of payment indicated in the Purchase Order.
23.1.2. For Indigenous supply: 23.1.2.1. Payment against VATABLE invoice shall normally be made within 30 days of receipt
and acceptance of materials at site. However, owner may consider payment of 90 percent against dispatch documents through Owner’s Bankers and balance 10% within 30 days of receipt and acceptance of materials at site, provided the value of purchase order exceeds Rs. 100000/= The final settlement of Vendor’s invoice is liable to be withheld in the event the Vendor’s has not complied with submission of drawings data and such documentation as called for purchase order and/or as required otherwise.
23.1.2.2. All bank charges of Owner’s Banker will be borne by the Owner.
23.1.3. For Imported supply: 23.1.3.1. Payment shall be made by direct remittance or through irrevocable L/C at sight.
However confirmation of L/C if desired by the bidder can be done, but the expenses shall be to bidders account.
23.1.3.2. L/C shall be established an Indian scheduled Bank on its branches in the bidder's country or any reputed Metropolitan Bank of the Bidders Country. Needful details e.g. Banker name address, account no etc shall be provided by bidder.
23.1.3.3. All bank charges and stamp duties payable outside India in connection with payments to be made under the purchase order shall be borne by the Vendor. All bank charges and stamp duties payable in India shall be borne by the owner.
24.0 INVOICING & NEGOTIATION OF DOCUMENTS 24.1.1. Indigenous Material(s) 24.1.1.1. Invoices and other documents shall be forwarded by the Vendor as stipulated
hereunder:
24.1.1.2. Direct Payment: i) Original plus one copy of Invoice along with requisite no. of full sets of document as
per Purchase Order to the Payment releasing office ii) One copy of Invoice with original documents as per Purchase Order to The
Consignee along with technical catalogues, Inspection certificates and Inspectors Release Notes
iii) One copy of Invoice along with full set of document as per Purchase Order to the PO releasing office
iv) Payment shall generally be released by way of electronic transfer
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24.1.1.3. Payment against documents through Bank
i) Where payment is to be released to the Vendor against dispatch documents through the bank, the Vendor shall forward two complete original sets of the documents specified in clause 16.0 to the Owner’s Bank.
ii) One complete set of all of the abovementioned documents shall be sent to the Payment releasing office as advance copy. Documents will not be retired without advance copy of the documents.
25.0 Part order/Repeat order
25.1.1. Vendor hereby agrees to accept part order at Owner’s options without any
limitation what so ever and also accept repeat order(s) during a period of six months from the date of original purchase order on same unit price, terms & conditions”.
26.0 Recovery of Sums Due:
26.1.1. Whenever any claim against the Vendor for payment of sum of money arises out of or
under the contract, the Owner shall be entitled to recover such sums by appropriating in whole or in part the security deposit of the Vendor. In that event, the Vendor shall immediately make good the amount of security deposit so fallen short. Should the security deposit be insufficient or if no security has been taken from the Vendor, then the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which 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, the Vendor shall pay to the Owner on demand the balance remaining due with interest at the prevalent state Bank Of India’s prime lending rate P.A.
27.0 Modifications:
27.1.1. The Owner shall have the right to make changes or modifications in quantities
ordered, in the technical documents/ specifications comprised in the Purchase Order. The Vendor shall comply with such a written request for changes, and shall furnish in writing to the Owner, as estimate of cost for the changes and modifications and effect at the time of delivery. On receipt of Owner’s written authorization, the Vendor shall promptly proceed with the change/ modification. An equitable adjustment under this provision must be finalized within 10 days from the date when change is ordered.
28.0 Cancellation:
28.1.1. The Owner reserves the right to cancel the Purchase Order or any art thereof and
shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if: i) The Vendor fails to comply with terms of Purchase Order. ii) The Vendor fails to deliver the goods on time and/ or replace the rejected goods
promptly. iii) The Vendor becomes bankrupt or goes into liquidation; iv) The Vendor makes a general assignment for the benefit of creditors; and/ or A
receiver is appointed for any of the property owned by the Vendor. v) Change in constitution of vendor vi) In the opinion of the owner the cessation of contract becomes necessary owing
to any cause whatsoever.
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28.1.2. Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on
the Purchase Order and materials connected with it.
28.1.3. The Owner in that event will be entitled to procure the equipment/ materials or services thus involved in the open market and recover the excess payment over the Vendor’s agreed price, if any, from the Vendor reserving to itself the right to forfeit the security deposit/ PBG, placed by the Vendor against the contract.
28.1.4. The provision of this clause shall not prejudice the right of the owner from invoking
the provisions of clause “Delayed delivery” as aforesaid
29.0 Patents and Royalties:
29.1.1. On acceptance of the Purchase Order, the Vendor will be deemed to have entirely indemnified the Owner and Owner’s representatives from any legal action or claims regarding compensation and consequences thereof for break of patent rights which the Vendor deems necessary to apply for manufacturing the ordered equipments/ materials or which can, in any way, be connected in the manufacture. The vendor shall at its own risk and expenses defend any suit for infringement of patent or like suit brought against the purchaser and shall pay all damages, cost award in such suit and shall keep the purchaser indemnified from the against all consequences thereof
30.0 Guarantee:
30.1.1. The Vendor shall guarantee that any and all materials used in execution of the
Purchase Order shall be new, are of best material, workmanship of highest caliber and are manufactured in strict compliance with characteristics, requirements and specifications and that the same shall be free from any defects. The Vendor will guarantee that all materials and equipments shall be repaired or replaced, as the case may be, on priority basis, at its own risk and expense in case the same have been found to be defective in respect of material, workmanship of smooth and rated operation within a period of 12 months after the same have been commissioned, or 18 months from the date of shipment, whichever is earlier. As an alternative to repair or replacement of defective item(s) the purchaser has an option to ask for reimbursement of the total landed cost of the item(s) including interest incurred up to delivery at site and storages thereof.
30.1.2. The guarantee period for the part that may be altered, repaired or replaced shall be
12 months from the date on which the same is commissioned.
30.1.3. Checking and approval of the Vendor’s drawings by the Owner or his Inspectors or acceptance by the Owner or its Inspectors of any equipments and materials or its replacement will not relieve the Vendor of its responsibility of supplying the equipments/ materials strictly according to the specification and according to the guarantee by the Vendor.
30.1.4. The Vendor shall within 30 days of confirmation of Purchase Order furnish a Bank
Guarantee as Security Deposit in the amount equivalent 10% (ten percent) of the PO value. The Vendor shall within 30 days of confirmation of Purchase Order furnish a
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Bank Guarantee as Security Deposit in the amount equivalent 10% (ten percent) of the PO value of the equipments/ materials to support the costs associated with delayed delivery under clause 19.0 and guarantee under Clause 30.0, in the form prescribed by the Owner (Annexure – B). The Bank Guarantee shall remain in force for the entire period covered by the guarantee PLUS THREE MONTHS. It will be the responsibility of the Vendor to keep the Bank Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a result of encashment by the Owner either in full or in part in terms of the contract shall be made good by the Vendor within one week of the occurrence thereof.
30.1.5. The Security Deposit can also be deposited in the form of Demand Draft or
SWIFT/Electronic transfer to the Owners bank within 30 days indicating the PO reference, and submitting proof of the cash transfer.
31.0 Non – Waiver:
31.1.1. Failure of the Owner/ Owner’s representatives to insist upon any of the terms of conditions incorporated in the Purchase Order or failure of delay to exercise any rights or remedies therein or by law or failure to properly notify Vendor in the event of breach, or the acceptance of, or payment for 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 or Owner’s representatives to insist upon the strict performance thereof or of any of his or their rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or revision of the order by Owner/ Owner’s representatives act as waiver of the terms hereof.
32.0 Non Assignment:
32.1.1. The Purchase Order shall not be assigned to any other agency by the Vendor without
obtaining prior written consent of the Owner.
33.0 Vendor’s Drawings and Data Requirement:
33.1.1. The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the Tender Document and/ or the Purchase Order and as called for in Clause, 9.0, ‘EXPEDITING’ above. The types, quantities and time limits of submitting this must be respected in its entirety failing which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of payment since the said submission is an integral part of Purchase Order.
34.0 Technical Information:
34.1.1. Drawings, specifications and details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of drawings and specifications for any purpose at any time except for the purpose of the Owner. The Vendor shall not disclose the technical information furnished to or gained 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 corporate authority and shall made all endeavors to ensure that the technical information is kept CONFIDENTIAL. The Technical
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information imparted and supplied to the Vendor by the Owner shall at all times remain the absolute property of the Owner.
35.0 Services of Vendor’s Personnel:
35.1.1. Upon three week's advance notice, the Vendor shall depute the necessary personnel
to India for supervision or erection and start-up of the equipment and train a few of the Owner’s personnel for the operation and maintenance of the equipment, if required by the Owner. The terms and conditions for the service of the Vendor’s personnel shall be mutually settled.
36.0 Arbitration:
36.1.1. In the event of any dispute or difference arising out of a Notified Claim of the VENDOR and any dispute arising out of an amount claimed by the OWNER against the VENDOR, be referred to the arbitration by an Arbitral Tribunal comprised of 3 arbitrators selected in accordance with the provisions of the Arbitration & Conciliation Act, 1996.The provisions of the Arbitration & Conciliation Act, 1996 and all statutory re-enactments and modification thereof and the rules made there under shall apply to all such arbitrations. Or any statutory modifications or re-enactment thereof and rules framed there under from time to time shall apply to such arbitration.
36.1.2. It is specifically agreed that the OWNER may prefer its Claim(s) against the VENDOR
as counter claim(s). The VENDOR shall not, however, be entitled to raise as a set-off, defense or counter-claim any claim which is not a Notified Claim included in the VENDOR’S Final Bill. The Venue of the arbitration shall be (……….) or New Delhi, India provided that arbitrators with the consent of the owner and the vendor may agree upon any other venue. Venues other than New Delhi, India would be London or Singapore. Laws of India only would be applicable. Arbitrator shall give his award separately in respect of each claim and counter claim and shall not be entitled to review any decision opinion or determination (however expressed ) which is stated to be final and /or binding on vendor in terms of contract documents.
37.0 Vendors liability
37.1.1. The Vendor’s workmen or employees shall under no circumstances be deemed to be
in Owner’s employment and the Vendor shall hold himself responsible for any claims which they or their heirs, dependents 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 of the work covered by this Purchase Order, whether arising on Owner’s premises or elsewhere and agrees to Indemnify the Owner against any such claim or claims if made against the Owner and all cost (as between attorney and client) of proceedings, suits or action which the Owner may incur or sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost comprehensive automobile Liability insurance for adequate coverage in respect of all his vehicle visiting or plying in project premises. The Vendor shall also be responsible for compliance of existing laws in respect of their workmen and employees
37.1.2. The vendor should take adequate insurance cover for their site personnel deputed by them
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38.0 Legal Interpretation:
38.1.1. The contract shall be governed by the Laws of India for the time being in force to interpret all the commercial terms and abbreviations used in this Tender which have not been otherwise defined. The rules of INCO TERMS 2000 shall be applied.
39.0 Limitation of liability:
39.1.1. The maximum liability shall be limited to 100% of contract price except in case of
fraud and / or willful negligence. The vendor shall not be liable for consequential losses on account of production revenue or profit.
39.1.2. Provided always that such limitation shall exclude any amounts recovered under any policy (ies) of insurance taken out and / or maintained by the vendor pursuant to the provisions of the Contract on behalf of owner.
40.0 Government of India Liability Clause:
40.1.1. It is expressly understood and agreed by and between the Tenderers and Indian Oil Corporation Limited that Indian Oil Corp. Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that Indian Oil Corporation Limited is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable Laws of India and general principal of contract Law. The Tenderers expressly agree, acknowledge and understand that Indian Oil Corporation Limited is not an agent, representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, Tenderers hereby expressly waive, release and forego any and all action or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this contract and covenants not to the Govt. of India as to any manner, claim, clause of action or thing whatsoever arising of or under this agreement.
41.0 Headings:
41.1.1. The headings of the conditions hereof shall not affect construction thereof.
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SPECIAL CONDITIONS OF PURCHASE
1 Information on material/services sourced from MSE sub-vendors:
1.1.0 Successful bidder(s) against this tender who is not a Micro or Small Enterprise (MSE)
as per the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006), will have to furnish the following information in case they are sourcing any material / services from any MSE sub-vendor(s) against the PO
Sr. No. Name of the MSE sub vendor(s)
Item(s) for which order(s) placed
Value of the
order(s) (Rs.)
1.2.0 The above information is to be submitted along with the inspection report/request for
Despatch Clearance of material /Invoice. 1.3.0 In case no material/service is outsourced from MSE sub vendor(s), a certificate /
declaration in this regard shall be submitted by the vendor as under:
Certificate
We certify that no material / service has been outsourced from any Micro or Small Enterprise (MSE) as per the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006), against Purchase Order No: …………dated …… placed on us by M/s Indian Oil Corporation Limited, Pipelines Division.
Date: Place:
Signature of Competent authority with Company Seal
2 Clause 42.0 stands added to the General Conditions of Purchase as herein below: 42.0 CONCILIATION: 42.1.1 Notwithstanding any other mechanism for dispute resolution provided under the General Conditions of Purchase, with a view to a speedy resolution, the VENDOR and OWNER may at any time endeavor to settle through conciliation a dispute referable for settlement by Conciliation under and in accordance with the Indian Oil Corporation Limited Conciliations Rules, 2014 (hereinafter referred to the “Said Rules”) as amended from time to time. The said Rules may be downloaded from the OWNER’s Website at www.iocl.com and if not available, a copy thereof may be obtained from OWNER on written request.
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3 Clauses for GST:
i) The vendor will be under the obligation for invoicing correct rate of tax/duties as prescribed under the GST law to IOCL, and pass on the benefits, if any, against input tax credit to IOCL.
ii) Any invoice issued on introduction of GST Law shall contain the following particulars:
a. Name, address and GSTIN of the supplier; b. A consecutive serial number of the invoice; c. Date of issue; d. Name, address and GSTIN or UIN, if registered of the recipient; e. Name and address of the recipient and the address of the delivery, along with the
State and its code, f. HSN code of goods or Accounting Code of services; g. Description of goods or services; h. Quantity in case of goods and unit or Unique Quantity Code thereof; i. Total value of supply of goods or services or both; j. Taxable value of supply of goods or services or both taking into account discount
or abatement if any; k. Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess); l. Amount of tax charged in respect of taxable goods or services (Central Tax, State
Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess); m. Place of supply along with the name of State, in case of supply in the course of
inter-state trade or commerce; n. Address of the delivery where the same is different from the place of supply; o. Whether the tax is payable on Reverse Charge basis and p. Signature or digital signature of the supplier or his authorized representative.
iii) GST invoice shall be prepared in triplicate, in case of supply of goods, in the following manner:
a. The original copy being marked as ORIGINAL FOR RECIPIENT; b. The duplicate copy being marked as DUPLICATE FOR TRANSPORTER and c. The triplicate copy being marked as TRIPLICATE FOR SUPPLIER.
iv) In case of any advance given against any supplies contract, the supplier of the goods shall issue Receipt Voucher containing the following particulars:
a. Name, address and GSTIN of the supplier; b. Serial number of the voucher; c. Date of its issue; d. Name, address and GSTIN or UIN if registered of the recipient; e. Description of goods; f. Amount of advance taken; g. Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess); h. Amount of tax charged in respect of taxable goods or services (Central Tax, State
Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess); i. Place of supply along with the name of State and its code, in case of supply in the
course of inter-state trade or commerce; j. Whether the tax is payable on Reverse Charge basis and
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k. Signature or digital signature of the supplier or his authorized representative. l. Tax incidences on the recoveries if any, shall be made by OWNER from the
contractor as per applicable GST laws at the time of invoicing.
m. IOCL GSTIN state wise:
Sl. No. State GSTIN
1 Odisha 21AAACI1681G1Z1
2 Jharkhand 20 AAACI1681G3Z1
3 Telangana 36AAACI1681G1ZQ
4 Chhattisgarh 22AAACI1681G1ZZ
5 Andhra Pradesh 37AAACI1681G2ZN
4 Clause No. 22.1.2 of GCP has been replaced by below mentioned clause:
In case of indigenous supply the prices herein specified, unless otherwise expressly stated in the total price schedule, shall be deemed to include all Central/ State and other Municipal or legal taxes, duties, levies, etc which either of the parties hereto may be statutorily liable to pay. Variation in GST rate will be paid extra/ refundable if introduced after price bid submission and enforceable during contractual delivery period. If after the date of submission of Price BID, any new Tax is introduced (applicable to invoices raised on IOCL) in lieu of one or more of the then existing taxes and the rate and impact of the new taxes is in excess in aggregate of the rate and impact of existing tax or taxes which it replaces, IOCL shall on satisfactory proof reimburse the contractor the additional tax paid by the Contractor as the result of the imposition of the new taxes provided they are within the "contractual completion period". If on the other hand, the rate and impact of the new tax is less than the aggregate rate and impact of the tax(es) which it replaces , the CONTRACTOR shall pass on to IOCL the benefit thereof by reduction on the amount payable by the IOCL to the Contractor. The computation of differential shall also take into account the additional "input tax credit" availed by the bidder on introduction of such new tax.
5 Foreign Exchange rate variation / Custom Duty variation for Indian bidders (on Built-in import contents):
Prices shall remain firm and fixed without any escalation except for statutory variation (if any) in customs duty rate. However, the prices shall be Firm and Fixed on account of Foreign Exchange Rate Variation. (Variation in prices due to FE rate variation shall not be allowed). The statutory variation in customs duty shall be subject to the following guidelines and the supplier shall confirm the following in their bid:- a. Maximum CIF value of import content shall be furnished in the bid (in INR). b. The material to be imported covering the above CIF value to be indicated in the
bid. c. Any increase in price due to statutory increase in customs duty rate beyond two-
third of the quoted delivery period will be to supplier’s account. However, any decrease in price due to decrease in customs duty rate at the time of actual clearance of imported materials shall be passed on to IOCL.
d. Variation in price due to customs duty rate will be dealt with separately after receipt of materials at site against documentary evidence.
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6 INDIAN INCOME TAX/TDS/WITH HOLDING TAX
Notwithstanding anything contained anywhere in the Tender documents or any intimation, notice, questionnaire, clarification, correspondence or communication at any time before submission of Tender, the following clauses shall apply for the purpose of Income tax/TDS/Withholding Tax described herein below:-
a) The BIDDER shall be exclusively responsible and liable to pay taxes on income comprised in all or any payments arising out of the Contract; whether payable/paid in India or in any other jurisdiction and quoted prices shall be inclusive of Income Tax.
b) All amounts in this Tender for supply of equipment, machinery or any other Supply of goods made from outside India is not liable for any withholding tax in India because title to goods are transferred in favour of OWNER outside India. However, in case it is applicable, all amounts in this Tender for supply shall be gross of withholding tax levied under Indian Income Tax or Double Taxation Avoidance Agreement. Owner shall deduct the Withholding Tax payable to Government of India from the total amount payable for such supplies. All relevant documents for such payment shall be provided to the Owner.
c) Withholding tax/tax deductible at source is applicable to all payments of Services to be made to the BIDDER. Withholding/deduction are required to be made at the rates specified in the Indian Income Tax Act. However, in case of non-resident BIDDERs, lower of the rate of withholding tax as available in the relevant Double Taxation Avoidance Convention Agreements (DTAA) as notified or amended from time to time as compared to the rate applicable as per relevant Income Tax Act will be applicable subject to certain specified documentary compliances. Therefore, it is incumbent upon the BIDDER to decide and declare whether it intends to take benefits of lower rate of Withholding Tax and commit to provide necessary documents. As per extant provisions of Income Tax Act and Rules made there under following documents are mandatory for this purpose (a) Tax Residency Certificate (TRC) issued by the competent authority of the country of residence of the BIDDER (b) Form 10F as described in Indian Income Tax Rules, 1962 and (c) PAN No as per Indian Income Tax Act or a declaration in specified format in lieu of Permanent Account Number (PAN) (d) No Permanent Establishment Certificate (if applicable).
d) The Indian Income Tax Act and rules made there under contains provisions permitting deduction of tax at a lower rate if the BIDDER is able to justify to the Income Tax Authorities such lower rate of deduction. However, a deduction once made has to be deposited by the OWNER with the Income Tax Authorities in India and will not be adjustable by the OWNER. It is therefore in the interest of the BIDDER that prior to release of any payment due to the BIDDER under the Contract that the BIDDER obtains, from the relevant Income Tax Authorities in India, a certificate specifying the rate of deduction/withholding of Income tax at source, failing which, payment to the BIDDER shall be made by the OWNER after Withholding/deduction at the highest rate as may be applicable to the non-resident BIDDERs as per Provisions of Income Tax Act, 1961.
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PROFORMA OF BANK GUARANTEE (PERFORMANCE)
(On non-judicial stamp paper of appropriate value) To
Indian Oil Corporation Ltd. [Address]
Dear Sirs, In consideration of the Indian Oil Corporation Ltd. (hereinafter called the “Corporation” which expression shall include its successors and assigns) having awarded to [Name of vendor], [Constitution] ___________________ [Address] ______________ (hereinafter referred to as the “Supplier” which expression shall wherever the subject or context so permits include its successors and assigns) a Supply Contract in terms interalia, of the Corporation(s) Purchase Order No. ______ dated......... (hereinafter referred to as the “Contract”) upon the condition of the Supplier’s furnishing security in lieu of cash deposit for the Performance of the Supplier’s obligations and/or discharge of the Supplier’s liabilities under and/or in connection with the said Supply Contract up to a sum of Rs./US$ _____ [Rupees/United States Dollars __________] only amounting to 10% (ten percent) of the total contract value. We _____________________ (name of the bank) a body corporate registered/constituted under the laws of ____________ and having a branch at [Indian branch address] (hereinafter called “the Bank” which expression shall include its successors and assigns) with the intent to bind the Bank and its successors and assigns, hereby undertake to pay the Corporation at [ place ] on first demand in writing without protest or demur or proof or satisfaction or condition and without reference to the Supplier, any and all amounts from time to time demanded by the Corporation from the Bank with reference to this Guarantee/Undertaking up to an aggregate limit of Rs./US$ …… only or [Rupees / United States Dollars _________________]. AND THE BANK DOTH HEREBY FURTHER AGREE AS FOLLOWS:
1. This Guarantee/Undertaking shall be in addition to any other guarantee or any other security whatsoever that the Corporation may now or at any time anywise have in relation to the Supplier’s obligations and/or liabilities under and/or in connection with the Contract and the Corporation shall have full authority to take recourse to or reinforce this Guarantee/Undertaking in preference to the other guarantee(s) or security(ies) at its discretion, and no failure on the part of the Corporation in enforcing or requiring enforcement of any other guarantee or security shall have the effect of releasing the Bank from its full liability hereunder.
2. The Corporation shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take any other security in respect of the Supplier’s obligation(s) and/or liability(ies) under/or in connection with the Contract and/or to vary the terms vis-a-vis the Supplier of the Contract and/or to grant time and/or indulgence to the Supplier or to reduce or to increase or otherwise vary the prices or the total contract value or to release or to forebear from enforcement of all or any of the obligations of the Supplier under the Contract and/or the remedies of the Corporation under any other guarantee(s) or security(ies) now or hereafter held by the Corporation and no such dealing(s), variation(s), reduction(s) or other indulgence(s) or
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arrangement(s) with the Supplier or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Corporation hereunder or of prejudicing the rights of the Corporation against the Bank.
3. This Guarantee/Undertaking shall not be determined or affected by the liquidation or
winding up or dissolution or change of constitution or insolvency of the Supplier or any change in the legal constitution of the Bank or of the Corporation.
4. The Bank hereby waives all rights at any time inconsistent with the terms of this Guarantee/Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reasons of any dispute or disputes having been raised by the Supplier (whether or not pending before any Arbitrator, Officer, Tribunal or Court) or any denial of liability by the Supplier or any other order or communication whatsoever by the Supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Corporation in terms hereof.
5. Notwithstanding anything contained herein:
(a) The Bank’s liability under this Guarantee/Undertaking shall not exceed (currency in figures) . . . . . . . . . . . . . . . . (Currency in words only) . . . .. . . . . . . . . . . . . . . . . . . . ;
(b) This Guarantee/Undertaking shall remain in force up to ___________ (here put the entire period required for the performance of the Contract and the defect liability period plus 3 (three) months) and any extension(s) thereof; and
(c) The Bank shall be released and discharged from all liability under this Guarantee/Undertaking unless a written claim or demand is issued to the Bank on or before the midnight of ________________ and if extended, the date of expiry of the last extension of this Guarantee/Undertaking.
6. The Bank doth hereby declare that Mr. _________________[name & designation of the person authorized to sign on behalf of the Bank] is authorized to sign this Guarantee/Undertaking on behalf of the Bank and to bind the Bank thereby.
Yours faithfully, Signature: __________________________ Name & Designation: _________________ Name of Issuing Branch: _________________ Complete Postal Address of Issuing Branch: _________________ Telephone No.: _____________ Fax No.: ______________ Email Address of the BG issuing Bank Officer/Bank Branch: ____________________ IFSC Code of the Branch: _______________ Dated: _________________ NOTES:
1. The Performance Bank Guarantee shall be strictly as per above proforma and shall be through a Scheduled Bank operating in India, including the Indian Branch of a foreign bank recognized as a Scheduled Bank in India.
2. The Bank Guarantee shall be typed on stamp paper applicable to an agreement in the State in which the Bank Guarantee is issued.
3. This bank guarantee shall be sent by the bank directly to: Payment releasing office, IOCL (Address)
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FORM OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
(On non-judicial stamp paper of appropriate value) BG NO:___________________ DATED:__________________ VALID UPTO:_____________ To, Indian Oil Corporation Limited (Pipelines Division) [Address] Dear Sirs, In consideration of the Indian Oil Corporation Ltd. [Address]……… , (hereinafter called the “Corporation”, which expression shall include its successors and assigns) having agreed interalia to consider the tender of _________ (Name of tenderer) _________________, (Constitution) ________________ _______________ (Address) ______________________ (hereinafter referred to as the “Tenderer” which expression shall wherever the subject or context so permits include its successors and assigns) for supply of materials to be awarded under Tender No. ___________________ upon the Tenderer furnishing an undertaking from the Bank as hereinafter appearing in lieu of a Demand Draft or Bankers Pay Order for the Earnest Money. We __________________________ (Name of Bank), a Bank constituted/ Registered under the ________ Act, having our Head Office/Registered Office at [Address] _______________ (hereinafter called the “Bank” which expression shall include its successors and assigns), at the request of the Tenderer and with the intent to bind the Bank and its successors and assigns do hereby unconditionally and irrevocably undertake to pay the Corporation at New Delhi forthwith on first demand without protest or demur or proof or satisfaction or condition and without reference to the Tenderer, all sums payable by the Tenderer as and by way of Earnest Money to the Corporation, for an amount of Rs …............ (Rupees _____________) only or US Dollar ____________ (United States Dollars ___________) AND THE BANK DOTH HEREBY FURTHER AGREE AS FOLLOWS:
1. The amount stated by the Corporation in any demand, claim or notice made or given with reference to this Guarantee/Undertaking shall as between the Bank and the Corporation for the purpose of this Guarantee/Undertaking be conclusive of the amount payable by the Bank to the Corporation hereunder.
2. This Guarantee/Undertaking shall not be determined or affected by the liquidation or
winding up or dissolution or change of constitution or insolvency of the Tenderer or by any change in the legal constitution of the Bank or the Corporation.
3. Without prejudice to any other mode of service, a demand or claim or any other communication may be made, given and/or transmitted by the Corporation to the Bank either by post or by fax. If transmitted by fax, the transmission shall be complete
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and shall be deemed to have been acknowledged as soon as the “OK” facsimile transmission report for the fax message has been received.
4. Notwithstanding anything contained herein:
(i) The Bank’s liability under this Guarantee/Undertaking shall not exceed Rs./ US$ ___________ (Rupees / United States Dollars ___________ only).
(ii) This Guarantee/Undertaking shall remain in force up to (fill in date) and any
extension(s) thereof; and (iii) The Bank shall be released and discharged from all liability under this
Guarantee/Undertaking unless a written claim or demand is issued to the Bank on or before the midnight of ______ and if extended, the date of expiry of the last extension of this Guarantee/Undertaking.
The Bank doth hereby declare that Shri ______________________[designation] is authorized to sign this Guarantee/Undertaking on behalf of the Bank and to bind the Bank thereby. This____ day of _______20___ Yours faithfully, Signature: __________________________ Name & Designation: _________________ Name of Issuing Branch: _________________ Complete Postal Address of Issuing Branch: _________________ Telephone No.: _____________ Fax No.: ______________ Email Address of the BG issuing Bank Officer/Bank Branch: ____________________ IFSC Code of the Branch: _______________ Dated: _________________ NOTES: 1. The Bank Guarantee in lieu of Earnest Money Deposit shall be strictly as per above
proforma and shall be through a Scheduled Bank operating in India, including the Indian Branch of a foreign bank recognized as a Scheduled bank in India.
2. The Bank Guarantee shall be typed on stamp paper applicable to an agreement in the
State in which the Bank Guarantee is issued. 3. This Bank Guarantee shall be sent by the Bank directly to: Chief Materials Manager,
IOCL (Pipelines Division].
76
Specifications
& Summary of Requirements
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