BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI REFINERY, MAHUL MUMBAI CENTRAL PROCUREMENT ORGANISATION (CPO R)

Transcription

1 BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI REFINERY, MAHUL MUMBAI CENTRAL PROCUREMENT ORGANISATION (CPO R) CRFQ No: Dated E-Tender N0. 32 FOR SUPPLY OF METHANOL TO BPCL S MUMBAI REFINERY [MR] DUE DATE: (11:00 HRS) FaxNo Tel No , deodharrv@bharatpetroleum.in ravikumarkp@bharatpetroleum.in Page 1 of 54

2 INDEX Sr. No. Description Annexure Page Number 1 Notice Inviting Tenders A 3 2 Special Conditions of Tender B Technical Specifications C 14 5 Agreed Terms & Conditions D Price Schedule E List of Deviations F 22 9 Declaration regarding Holiday Listing G Format for Bidder s Information H Format for Bank Guarantee for Earnest money deposit I BPCL s General Purchase Conditions (GPC) J Integrity Pact K Page 2 of 54

3 ANNEXURE A BHARAT PETROLEUM CORPORATION LIMITED, CENTRAL PROCUREMENT ORGANISATION (REFINERIES) MAHUL, MUMBAI , INDIA PHONE: , NOTICE INVITING TENDER CRFQ NUMBER DATED DUE ON (11:00 HRS. IST) Bharat Petroleum Corporation Limited (BPCL), Central Procurement Organization (Refineries) invites offers (Single Part Bid) for Supply of Methanol to BPCL - Mumbai Refinery. The tender is for short listing of vendors for supply of Methanol to BPCL Mumbai Refinery. Details of tender are available and can be downloaded from any of the following websites. 1. BPCL website Energizing Business Tenders CPO (Refineries) 2. BPCL s e-procurement platform 3. Central Procurement Portal Important: All updates, amendments, corrigenda etc. (if any) will be posted on the above websites as and when required. There will not be any publication of the same through newspapers or any other media. Place: Mumbai CPO (R) Date: Page 3 of 54

4 ANNEXURE- B SPECIAL CONDITIONS OF TENDER Sub: Request for Quotation for Supply of Methanol for Mumbai Refinery [MR] 1.0 Technical Bids and Commercial Terms & Conditions are invited for supply of Methanol in complete accordance with tender documents and its attachments. Material supplied shall meet the technical specifications mentioned in Annexure C. 2.0 This is an estimated annual requirement of MR (tentatively from May 2015 to April 2016). The total quantity to be supplied during the period of one year would be 14,400 MT, i.e. approximately 1,200 MT per month. The actual requirement may vary depending on the Refinery Operations. Methanol is required to be supplied by the vendor in road tankers as per call-offs, (Staggered delivery on day to day basis). 3.0 Bid Qualification Criteria: 3.1 TECHNICAL CRITERIA Bidder should be a manufacturer / supplier of Methanol In case bidder is not a manufacturer of Methanol, the source i.e. the details of manufacturer(s), from whom the bidder intends to source the Methanol for supplying to BPCL, to be clearly indicated by the bidder. The bidder should confirm that the Material Test Certificate from the original manufacturer shall be submitted along with each supply Bidders should be in a position to supply Methanol in road tankers, on a regular basis as per BPCL requirement. The Bidder should have supplied Methanol, during the period of preceding 36 months from the date of tender; the total quantity supplied being not less than 14,400 MT during the said 36 months or at least 5,760 MT in any 12 consecutive months period during the aforesaid 36 months. Bidder shall confirm each of the items from to and shall provide documentary evidence in support of such confirmation along with the Technical Bid, the following documents can be submitted in support. Statement showing details of supplies made, Copy/Copies of relevant purchase order(s), confirmation letter from buyer(s) with name, designation, telephone and of buyer s contact person. 3.2 FINANCIAL CRITERIA: The average Annual Turnover of the bidder, during immediately preceding 3 completed financial years should not be less than Rs. 10,00,00,000 (Ten Crore. ) The bidder should have a positive net worth as at the end of last completed financial year. Page 4 of 54

5 The above confirmation shall be supported by copy / copies of documents such as Audited / Certified Profit & Loss Account, Audited / Certified Balance Sheets, Statement of Assets & Liabilities. 4.0 Earnest Money Deposit (EMD) : 4.1 Earnest Money Deposit (EMD) of Rs. 1,00,000/- (One Lakh) shall be paid separately by Demand Draft (DD) / Banker s Cheque drawn in favour of Bharat Petroleum Corporation Limited and payable at Mumbai 4.2 Alternatively EMD can also be paid by way of Bank Guarantee as per BG format attached (Annexure I), from any Bank recognized as Scheduled Bank by Reserve Bank of India, in favor of Bharat Petroleum Corporation Ltd. Mumbai. 4.3 Bank Guarantee from any Foreign Bank is acceptable only if the same is countersigned by their Indian Branches (provided the Indian Branch of the Foreign Bank is recognized Scheduled Bank by Reserve Bank of India) or any Scheduled Indian Bank. 4.4 The Bank Guarantee in lieu of EMD shall be furnished on non-judicial stamp paper of value not less than Rs. 100/- (Rupees One hundred only) and in the prescribed Performa given in the Tender Document. 4.5 The Bank Guarantee shall be kept valid for a period of 180 days from due date of tender. 4.6 Original DD/Banker s Cheque or BG as the case may be, towards EMD shall be sent separately to DGM, CPO-Refineries, BPCL, Copy the DD/Banker s cheque / BG as the case may be and proof of dispatch of the same to be submitted along with un-priced bid. Bids without EMD are liable to be rejected. 4.7 EMD of unsuccessful bidders shall be released after completing the short listing of vendors. The EMD of successful bidders will be refunded after 180 days from due date of tender. 4.8 Forfeiture of EMD A bidder who has submitted their bid shall not be permitted to alter/amend or withdraw the bid, not withstanding that the bid(s) has/have not yet been opened/finalized. A bidder who purports to alter/modify withdraw their offer after submission, within the validity period of the offer shall be liable to have their offer rejected and their EMD forfeited / en-cashed. 4.9 The following categories of bidders are however exempted from depositing EMD: a) Bidders registered with BPCL for supply of Methanol. b) Bidders falling under the category of MSE s and registered with Authorities mentioned in the Public Procurement Policy for Micro and Small Enterprises (MSE) order 2012 are exempted from submitting EMD. However, in the case of such bidders, appropriate documentary proof in support of their claim for exemption of EMD shall be submitted along with Technical Offer. 5.0 Submission of Tender: 5.1 A single Bid should be submitted through e-tendering portal. Page 5 of 54

6 5.2 The Single Bid complete with all technical and commercial terms and conditions other than price shall be submitted, by uploading the following in BPCL s e-tendering platform. Accordingly, this shall contain the following: i) This Special Conditions of tender (Annexure B) duly signed & stamped in all pages, as token of acknowledgement and acceptance. ii) Annexure C Technical Specifications duly signed & stamped as token of acknowledgment and acceptance. iii) Agreed Terms & Conditions (Annexure D), duly filled up, signed & stamped. iv) Price schedule Format as per the Annexure E (without filling up the price, but with other details such as applicable taxes, freight etc.), signed & stamped. v) Deviations to Tender document, if any (Annexure F), signed & stamped. Deviations if any are to be listed in Annexure F only. Any deviation mentioned elsewhere in the bid shall not be taken into consideration. In case of no deviation, bidder shall clearly indicate NIL deviation in this document. vi) Declaration regarding Holiday Listing, Annexure G duly filled in, signed & stamped. vii) Bidder s Information in format Annexure H. viii) BPCL s General Purchase Conditions, Annexure J duly signed & stamped in all pages as a token of acceptance. Bidders to note that in case of any difference/deviation between GPC and tender documents, the details in tender document shall prevail. ix) Integrity Pact (Annexure K), duly signed & stamped. x) Proof of sending EMD wherever applicable. Copy of DD/Pay Order/Bank Guarantee as the case may be, with proof of dispatch / delivery to BPCL, CPO-Refineries. (EMD to be paid before submitting the bid). xi) Copy/Copies of corrigendum/addendum issued (if any) duly signed and stamped in all pages in token of acceptance and acknowledgement. xii) Any other relevant information which bidder would like to submit. All the above documents/information shall be uploaded in the e-tendering portal only. 5.3 The Methodology : The qualified bidders, based on documents submitted for pre-qualification and technocommercial acceptability shall be short listed for supply of Methanol to BPCL Mumbai Refinery [MR] The validity period of such short listed bidders bid shall be valid for a period of one year Price Bids shall be invited through e-portal from the short listed bidders for each one month period, with fixed price basis for respective month s estimated requirement of Methanol BPCL reserves the right to review of obtaining monthly fixed price after the initial six months period and decision regarding continuing the same process or otherwise, beyond six months shall be taken The supply contract will be awarded monthly on the basis of quote with lowest net effective cost for respective month For indigenous material, Bidders are advised to quote applicable Excise Duty and VAT/ CST amount separately, based on which applicable Cenvat Credit / Input Tax credit eligible for Page 6 of 54

7 BPCL would be considered as reduction in total price, while evaluating the price bids. However, on award of the contract, vendor should ensure that proper excise document and tax invoice for enabling BPCL to avail the eligible cenvat credit / input tax credit is made available with the supplies, failing which the amount towards the same will not be payable by BPCL to the vendor For imported material, bidders are advised to mention the Customs CVD amount + Customs SAD amount separately with specific mention as to whether the said CVD amount + SAD amount is included in the price or will be charged as extra. VAT / CST payable should also be quoted separately. Based on such amounts quoted by the bidder, applicable Cenvat Credit / Input Tax credit eligible for BPCL would be considered as reduction in total price, while evaluating the price bids. On award of contract, vendor should ensure that proper excise document under Cenvat Credit Rules and Tax invoice under VAT Rules for enabling BPCL to avail the eligible cenvat credit / input tax credit is made available with the supplies, failing which the amount towards the same will not be payable by BPCL to the vendor Bidders to quote price on FOR destination basis, with freight per Metric Ton from dispatch location to BPCL Mumbai refinery to be shown separately. Freight so quoted would be considered for evaluation of the bids. However at the time of awarding the contract, BPCL reserves the right to place order on FOR destination basis with freight amount as quoted by bidder, through transporter engaged by supplier OR on ex-works basis excluding freight quoted by the bidder, through transporter engaged by BPCL Bidders to note that in case any service tax payable by the supplier on the freight amount, is included in the freight to be charged on FOR destination basis deliveries, BPCL can avail cenvat credit of the service tax amount (Service Tax Credit), subject to the supplier mentioning the freight amount and service tax amount separately in their invoice along with service tax registration number under which the service tax on the freight is paid to the Statutory Authority. If such service tax amount is separately quoted, the same shall be reduced from the gross value for the purpose of ascertaining Net Effective Landed cost during evaluation of bids. 5.4 Evaluation Basis: Offers would be evaluated for net landed cost as under: A. Basic Price. B. Duties, Taxes, Freight, Octroi etc, as applicable/as quoted by the bidder. Net Effective Landed Cost = {(A) + (B) [Cenvat Credit as applicable + Input Tax Credit], as applicable}. 5.5 EVALUATION CRITERIA: Price: Quoted price in Annexure E will be considered for evaluation as mentioned in clause 5.4 above Loading for Taxes and Duties: In the case of Indigenous material: Page 7 of 54

8 Excise Duty: As quoted by the bidder (with excise tariff no.) shall be loaded. Sales Tax / VAT: As quoted by the bidder, shall be loaded. In the case of imported material, supplied by importers: In case CVD + SAD amount as quoted by the bidder shall be loaded. Sales Tax / VAT as quoted by the bidder shall be loaded. Eligible amount of cenvat credit towards excise duty / CVD+SAD as the case may be and Input Tax Credit will be reduced from the gross price to ascertain the Net Effective Landed Cost Loading for Octroi Charges. Octroi charges as quoted by the bidder shall be loaded Loading for Transportation: Transportation Charges from supplier s location to BPCL Refinery (including service tax if any), as quoted by the bidder shall be loaded. In case BPCL decides to transport Methanol from supplier s location, the applicable transportation charges shall be loaded. In case any service tax amount on freight is mentioned in the quote, with the bidder offering to provide invoices mentioning the freight & service tax on freight separately in the same, along with service tax registration number, eligible amount of cenvat credit towards said service tax (service tax credit) will be reduced from the gross price to ascertain the net effective landed cost Loading on account of deviation in commercial terms Payment terms : 5.6 Award of Tender: Bidder is expected to accept BPCL s payment terms as mentioned in the tender. If any differential payment terms is offered by the bidder as against BPCL terms mentioned in this tender and the same is acceptable to BPCL, bidder shall be loaded at a rate equivalent to the benchmark prime lending rate (BPLR) of State Bank of India applicable on the date of opening price bid calculated for the applicable period for the applicable amount. The monthly tender will be decided on the basis lowest net effective landed cost as mentioned in 5.4 above. 5.7 Bids complete in all respects should be uploaded in BPCL e-tendering portal on or before the due date & time. 5.8 Fax / offers shall not be accepted. Page 8 of 54

9 5.9 BPCL shall not be responsible for any delay in uploading of offer The Offer [the technical bid and commercial terms and conditions] shall be valid for a period of one year from Tender Due Date for placement of order on monthly basis. 6.0 Tender Opening: 6.1 The Technical bid along with commercial terms and conditions shall be opened on due date at hrs (IST) through e-portal. Bidders, who have submitted their bids, can view/witness result of technical bid opening through the e-portal. In case the bidder s representative wishes to witness the same in our office, the name and representative s mobile phone number to be informed in advance to deodharrv@bharatpetroleum.in for preparing the entry pass. 6.2 The qualified bidders based on documents submitted for pre-qualification and technocommercial acceptability shall be short listed for supply of Methanol to BPCL [MR]. 6.3 Price Bids shall be invited through e-portal from the short listed bidders for each one month period, with fixed price basis for respective month s estimated requirement of Methanol. 6.4 The date and time of opening price bids shall be intimated separately to the short listed bidders and the price bids shall be opened through e-portal. The short listed bidders can view/witness result of priced bid opening through the e-portal. 7.0 DELIVERY : 7.1 Material shall be delivered at BPCL Refinery at Mahul, Mumbai, in road tankers. 7.2 The required quantity of the material is to be supplied by the vendor as per call- offs. (Daily 2-3 tankers i.e. 35 to 40 MT per day). 7.3 The above mentioned quantities are our estimated requirement for a period of one year and may vary depending upon refinery operations. Material shall be delivered as per calloff on day to day basis. 7.4 Test certificates for physical and chemical properties and laboratory analysis including purity are required with each supply. 7.5 Proper Excise Invoices or other documents as prescribed under Cenvat Credit rules for claiming cenvat credit of Excise Duty paid (for indigenous product) / CVD + SAD (for imported product) / Service Tax Amount, if any (for transportation charges) as the case may be, shall be furnished along with the deliveries, failing which Excise Duty Amount /CVD+SAD amount / Service Tax Amount as the case may be, will not be paid while effecting payment for supplies. 7.6 On receipt of the tanker, samples will be drawn for testing at our laboratory, and if found to be in accordance with our specifications, the same shall be unloaded at our premises. 7.7 The vendor shall keep sufficient stock to ensure un-interrupted supply. In case, there is any problem in the vendor s plant, due to any reason, vendor shall supply the material from other manufacturer with prior approval of BPCL, otherwise, BPCL will procure the material at Vendor s risk and cost during the period. Please confirm acceptance of this delivery requirement. 8 PAYMENT: Page 9 of 54

10 100% payment shall be made within 30 days of receipt & acceptance of material at site and on submission of all the relevant dispatch documents including original invoice & excise document for availing cenvat credit. 9 General Points : 9.0 BPCL reserves the right to extend due dates of tender, accept or reject any tender in part or full, or cancel the tender without assigning any reason whatsoever. 9.1 BPCL reserves the right to stop calling off material/cancel the order by giving you 30 days notice in advance. 9.2 Offers and all correspondence must be in English language only. 9.3 All entries in the uploaded tender documents must be written in permanent ink or typewritten and there should not be any erasing or overwriting or corrections. Any unavoidable mistake should be neatly cut and re-written without over-writing and use of correcting fluid. All corrections should be duly signed by the Bidder. 9.4 Bidders are requested to provide detailed information along with the offer regarding the direct / indirect impact of their product on people, equipment, materials and machine. Material Safety Data Sheet may be submitted with the technical bid in case of hazardous items. 9.5 The material shall be packed in accordance with the rule, in weatherproof, shipment worthy, eco-friendly packing and labeled, indicating clearly the description of the item, hazardous nature if any, precaution and care to be taken. 9.6 Payments to all material suppliers, contractors, transporters etc shall be made by National Electronic Fund Transfer (NEFT) only. NEFT payment condition shall be acceptable to all suppliers, contractors and their appointed transporting agencies. In case bank details are not provided please submit the same in the prescribed format. Payment by cheque will be made only to those vendors whose bank is located in the city where NEFT payment facility is presently not available. Bids received from vendors who are not accepting the NEFT payment terms are likely to be rejected. 9.7 Any effort by bidder or bidder s agents, consultant or representative, howsoever described, 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. 9.8 Bidders are to sign integrity pact (Annexure K) and submit along with bid document. Bids without signed Integrity pact are liable for rejection. 9.9 Valid digital certificate is compulsory for participation in E-Tender as well as Reverse auction. In case you do not have a valid digital certificate, arrange for the same from any service provider immediately so as to enable submission of offers in the e-platform within the tender due date. Non availability of Digital certificate will be considered as your regret The vendor shall confirm their offer is exactly as per our specifications. Scope of work and all other terms conditions, enclosures and there is no deviations If there is any deviation the same shall be indicated strictly in format in Annexure-F (Deviation Form), which is to be submitted along with un-priced bid. Please note that if no deviation is given in the Annexure F format, it shall be presumed that vendor s offer has no deviation from our CRFQ. Deviations indicated elsewhere in the tender Page 10 of 54

11 document will not be considered The commercial terms offered by the bidder should be firm, clear and specific as the tenders shall normally be finalized without seeking further clarifications Deviation taken, if any, in the commercial conditions may lead to appropriate loading of prices to make all offers commercially at par or rejection of offer, at the sole discretion of BPCL Vendor shall accept Contract for all items or part there off without any precondition on minimum value on contact /subsequent call offs. Offers with precondition on minimum contract value/call off value or non acceptability of part order are not acceptable and such offers shall stand commercially rejected Material has to be supplied with required Material Test Certificate. Supplies not accompanied with the test certificates shall be liable to be rejected Vendor to confirm that free replacement shall be made in case the materials supplied are rejected due to poor quality Arbitration and Jurisdiction clause shall be as per General Purchase Conditions of BPCL. Vendor to confirm acceptance of the same Bidders shall go through the attached General Purchase Conditions (GPC) of BPCL. Same shall be signed, stamped & returned along with the un-priced bid, in token of acknowledgement & acceptance of the terms and conditions mentioned therein. 10 INTEGRITY PACT (IP) 10.1 Pro-forma of Integrity Pact (IP) - Annexure K shall be returned by the Bidder/s along with the technical bid documents, duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return the IP duly signed along with bid documents shall result in the bid not being considered for further evaluation If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the IP, BPCL shall be entitled to demand and recovered from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of IP If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled to terminate the contract according to the provisions of the IP, BPCL shall be entitled to demand and recovered from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the IP Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor (IEM). The IEM's name, address and contact number is given below : Shri Brahm Dutt, 1/8 Safdarjung Enclave, New Delhi Page 11 of 54

12 Telephone Number: , INSTRUCTIONS TO BIDDERS FOR E-TENDERING: 11.1 The bidder is requested to download the tender from BPCL s e-tendering website and participate in the tender as per the instructions given above and herein, on or before the due date and time of the tender. The tender available on the BPCL website can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on For registration on the e-tender site bidder needs to download the Instructions to Vendors Document from the site and read it. They shall have to select Register and complete the Bidder Registration Form by filling in all the information correctly. Kindly remember the login id, password entered therein. After completing this process, you will receive a system generated . Complete balance registration process As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Certificate of Class III and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the Bidder. In case any Bidder so desires, he may contact our e-procurement service provider M/s. M/s. E Procurement Technologies Limited, (Contact Number , ) for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for obtaining a digital certificate after the submission of all required documents / fees. Non availability of Digital Certificate shall be considered as the bidder s regret Corrigendum/ amendment, if any, shall be notified on the site In case any corrigendum/amendment is issued after the submission of the bid, then such Bidder, who has submitted their bids, shall be intimated about the corrigendum/amendment by a system-generated . No written communication will be circulated. It shall be assumed that the information contained therein has been taken into account by the Bidder. They have the choice of making changes in their bid before the due date and time Bidders are required to submit their bid online on or before the due date and time of closing of the tender as depicted in this document. Bidders shall have to log on to the website ( for submitting their bid. The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that their bids are submitted in e- Procurement system well before the closing date and time of bid. If the Bidder intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids. Once the entire process of submission of online bid is complete, the Bidders are required to go to option own bid view through dashboard and take the print of the envelope receipt as a proof of submitted bid Bids / Offers shall not be permitted in e-procurement system after the due date /time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed. Page 12 of 54

13 11.7 No manual bids/offers along with electronic bids/offers shall be permitted Once the technical bids are opened, bidders can see the list of Bidders who have participated in the bid by logging on to the portal under their user ID and password and clicking on Reports view. Subsequently, in case the price bids of the short listed bidders are opened in E Tendering platform, Bidders can see the rates quoted by the short listed bidders using the same option No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause. It is advisable that Bidders who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials BPCL and/or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc In case of any clarification pertaining to e-procurement process, the Bidder may contact the following agencies / personnel: 1. For system related queries: (our e-tendering service provider Mr. Manish Patel, , manish@abcprocure.com , support@bpcleproc.com 2. For tender related queries: (BPCL CPO-Refineries) Mr. Rajendra V. Deodhar, Manager (CPO-R) Phone: ; id : deodharrv@bharatpetroleum.in OR Mr. K. P. Ravikumar, Sr. Manager CPO (R) Phone: , id : ravikumarkp@bharatpetroleum.in ********** Page 13 of 54

14 ANNEXURE C BHARAT PETROLEUM CORPORATION LIMITED, MUMBAI REFINERY Technology Department METHANOL SPECIFICATIONS Properties Unit B.P.C.L Requirement Methanol content % wt BS Specific gravity at 20 Deg.C Dist. Range at 760 mmhg. Deg.C Water content % wt % wt Max 0.1 Appearance Carbonizable substance Clear & Colourless Pass the test Colour Hazen Max 15 Acidity (as acetic acid) Ppm Max 30 Alkanity (as ammonia) Ppm Nil Residue on evapouration Ppm Max 10 Aldehyde and Ketones as % wt Max Acetone Acetone % wt Max Acetylene Sulphur total (as sulphur) Ppm <0.05ppm w Permanganate time BS:506 Minutes Min 50 Miscibility with water Miscible in all proportion without development of turbidity Iron Ppm Max 1 Ethanol content Ppm Max 750 Phase Liquid Page 14 of 54

15 ANNEXURE-D AGREED TERMS & CONDITIONS (EACH POINT MUST BE CONFIRMED / NOTED / COMMENTED UPON AND MUST BE SUBMITTED ALONG WITH TECHNICAL BID/UNPRICED BID) S. No. Tender Requirement Vendor s confirmation/ acceptance/comments to be mentioned for each item A TECHNICAL: 1 The vendor shall be a manufacturer or supplier of Methanol. 2 In case bidder himself is not a manufacturer of methanol, the manufacturer(s) from whom the material will be sourced for effecting supplies to BPCL to be specifically mentioned by the bidder. 3 Bidders who are not manufacturers themselves should also agree to intimate BPCL the details of any other manufacturer(s), from whom they source the material for supplies to BPCL, during the period of the contract. Further, the bidders should agree to submit the material test certificate from the concerned manufacturer, along with each lot supplied.- Bidder to confirm 4 Confirm that you are meeting Bid Qualification criteria Technical Criteria as given in Cl. 3.1 of Annexure B of the tender documents and required documents in support of the same have been submitted with Un-priced Bid. 5 Vendor to confirm that the physical and chemical properties of the material have been indicated in their quotation, as per Annexure C- Technical Specifications 6 Confirm that there is no technical deviation and specification of offered product is same as per tender specification. 7 Quality Commitment: Material supplied will meet the technical specification as agreed to. B COMMERCIAL 1 Confirm that you are meeting Bid Qualification criteria Financial Criteria as given in Cl. 3.2 of Annexure B of the tender documents and required documents in support of the same have been submitted with Un-priced Bid. 2 Confirm that BPCL s Integrity pact is duly signed and submitted by you as per requirement. 3 Indicate the quoted currency. 4 Indicate Country of Origin of goods offered 5 Confirm that the prices are given strictly as per price schedule. 6 Details of Packing of goods offered. Page 15 of 54

16 7 For Indian Bidders : Indicate basis of quoted prices. (Ex-Works/ FOR Despatch point/ FOR Destination/ free delivery at site) - 8 For Foreign Bidders: Confirm whether FOB and CFR prices have been indicated in the offer, with gate way port of exit. 9 For Foreign Bidders: Charges to shipping agencies shall be borne by the vendor, if order is placed on CFR basis.- Vendor to confirm 10 Indicate earliest firm delivery periods. Not Applicable Not Applicable This shall be reckoned from the date of Purchase order / Call Off order issued by P & C S Department of MR. This shall remain constant for a period of one year. 11 Confirm that upon getting shortlisted for supply of Methanol to MR, monthly price bid on fixed price basis will be submitted by you through e-portal against requirement of respective month and the price quoted shall be valid for that particular month. 12 Confirmation that the offer is valid for acceptance up to 90 days from the due date / extended due date of tender. 13 On account of exigencies, if the bidder is requested to extend the validity of their offer, the same should be extended without any deviation including change in price. Vendor to confirm 14 On award of contract, the quoted price as per order will be valid for supplies till complete execution of the ordered quantity or till the expiry of the contract period, whichever is later - Vendor to confirm. 15 For Indian Bidders: If excise duty/ Sales tax is presently not applicable, confirm whether the same will be borne by you in case it becomes applicable later. Also please give reasons for non application of ED / Sales tax. 16 For Indian Bidders: a) Wherever excise duty is applicable, whether proper excise document enabling BPCL to avail cenvat credit will be provided with supplies - Bidder to confirm; b) Wherever supplier is an importer and is offering imported material, whether proper excise document as mentioned under Cenvat Credit Rules, enabling BPCL to avail cenvat credit of CVD+SAD amount will be provided with supplies Bidder to confirm. 17 Wherever CENVAT CREDIT can be availed by BPCL, Excise Page 16 of 54

17 duty shall be reimbursed by BPCL only after receipt of proper documents to avail CENVAT CREDIT benefit. -- Bidder to note & confirm. 18 Wherever supplier is an importer and is offering imported material, with CVD+SAD amount quoted separately, the said CVD+SAD amount shall be reimbursed by BPCL only after receipt of proper document to avail CENVAT CREDIT benefit for the said CVD+SAD amount. Bidder to note & confirm. 19 In case freight is claimed inclusive any service tax amount, confirm whether you will mention the freight amount & service tax amount separately in the invoice, with service tax registration number under which the service tax on freight is paid by you. 20 The rates shall be inclusive of works contract tax wherever applicable. 21 For Indian Bidders: Statutory variation in duties & taxes for the material to supplied, during contractual delivery period shall be to BPCL account. Any increase in the rate of tax beyond Contractual Delivery Date (CDD) shall be to vendor s account Any increase in the rates of duties & taxes beyond the contractual completion date or approved extended contractual completion date will be borne by BPCL to the extent CENVATABLE documents passed on to BPCL and BPCL is in a position to get the CENVAT claim from the authorities. However, the benefit of any reduction must be passed on to BPCL - Vendor to confirm above. 22 Prices quoted shall exclude transit insurance charges as the same shall be arranged by BPCL.- Vendor to note 23 (a) For Indian Bidders: Confirm that all Bank charges and Stamp Duties, if any, shall be borne by the bidder. (b) For Foreign Bidders: Confirm that all bank charges & stamp duties overseas, if any, are included in the price, and only bank charges/stamp duties, if any, in India to be borne by BPCL. 24 For Foreign Bidders: Confirm that all taxes, duties and levies of any kind upto port of shipment shall be borne by supplier. 25 Confirm acceptance of BPCL s General Purchase Conditions (GPC). Not Applicable Not Applicable 26 In case of deviation/ reservations etc, to BPCL s GPC & any other tender conditions, confirm that the same has been given in separate Annexure F as desired and deviations/ reservations / notes/ comments etc, given elsewhere in the offer shall not be considered. 27 Confirm acceptance of part order without any stipulation of minimum order value/quantity. Page 17 of 54

18 28 Confirm acceptance of repeat purchase order with the same rate and terms & conditions within 12 months from the date of original purchase order. 29 Acceptance to price reduction for delay in delivery beyond contractually agreed ½% of undelivered order value per week of delay or part thereof, subject to a ceiling of 5% of total order value as per BPCL s GPC. 30 The vendor shall keep sufficient stock to ensure uninterrupted supply. In case, there is any problem in the vendor s plant/supply source, due to any reason, vendor shall supply the material from other manufacturer s/sources with prior approval of BPCL, otherwise, BPCL will procure the material at Vendor s risk and cost during the period. Vendor to confirm acceptance of this delivery requirement. 31 Payment term : (a) For Indian Bidders: Confirm that payment term shall be 100% within 30 days of receipt and acceptance of material at site. and on submission of all the relevant despatch documents including original invoice For any other payment terms necessary loading shall be done on the quoted price as per clause in Annexure B. under Evaluation Criteria 32 Indicate relationship with any of our Directors. Not applicable 33 Please confirm you have filed declaration regarding holiday listing in format Annexure G. In case you have been banned or delisted by any Government or Quasi Government agencies or PSUs, this should be clearly stated in the declaration. If this declaration is not furnished, the bid shall be rejected as non-responsive. 34 You are requested to furnish the following information for e-payment: a) Name of the vendor/contractor party b) Account No. of the party c) Bank & Branch Name where the above account is maintained d) Type of account (current/saving/cash credit A/c) e) Branch code of the above bank branch For Indian Bidders f) MICR code of the above branch. For Indian Bidders g) SWIFT Code. For Foreign Bidders. 35 For Indian Bidders: If the items are covered under DGS&D rate contract, confirm that a copy of rate contract is enclosed with your offer. 36 For Indian Bidders: In terms of Section 8 of The Micro, Small and Medium Page 18 of 54

19 Enterprises Development Act (MSMEDA), 2006, eligible bidders is requested to submit a copy of the relevant memorandum/ notification issued by authority notified by the State Government or Central Government and by medium enterprises with the authority notified by the Central Government, i.e., General Manager, District Industries Centre or any District Level Officer of equivalent rank in the Directorate or the Department dealing with micro, small and medium enterprises of the State Government or the Union Territory Administration., along with the offer for availing the privileges. 37 For Foreign Bidders: Direct offer without the intermediary of an Indian Agent only will be considered.- Vendor to note 38 In case BPCL decides to obtain the prices through Reverse Auction Process (RA), e-sealed price bids will not be opened and tender would be finalized based on results of the RA. Vendor to confirm acceptance. 39 In the case of a bidder with a Non-resident status under Indian Income Tax provisions, the following to be confirmed: a) Whether the bidder is having a permanent establishment in India; b) Whether the bidder is having an Indian Income Tax PAN Number. c) Whether a Tax Residency Certificate (TRC) under section 90(4) of the Income Tax Act, 1961, to facilitate remittances from India, will be submitted on award of contract; (Bidders with Resident Status may answer this item as Not Applicable ) Not Applicable Not Applicable Place:. Yours faithfully, For and on behalf of Date : : Signature & seal of the vendor ********** Page 19 of 54

20 Offer Reference: PRICE SCHEDULE (QUOTATION FOR METHANOL) ANNEXURE- E Date: From: To DGM (CPO-R), Bharat Petroleum Corporation Limited Mumbai Refinery, Mahul, Mumbai Sub: Supply of METHANOL against your CRFQ No: / With reference to above CRFQ for the supply of METHANOL we give below our most competitive offer for the same as under: Basic Price: Currency Indian Rupees. Description Quantity (MT) Ex-Works Unit Rate, Per MT Rs. METHANOL for Mumbai Refinery. Monthly requirement shall be advised on a month to month basis to shortlisted vendors. Price Bids from short listed vendors will be invited on monthly basis. The price shall be quoted in the same. OTHER ELEMENTS TO BE CONSIDERED OVER & ABOVE BASIC PRICE: Bidder is required to submit the below mentioned details as a part of Technical Bid. Packing and forwarding charges Rs. per MT (if applicable). Current Excise Duty : a) Rate b) Tariff No. In case imported material is supplied, whether CVD+SAD amount is included in the basic price and if so amount of CVD and amount of SAD: Page 20 of 54

21 Sales tax (CST/VAT as applicable) : a) CST Rate (with C Form) b) Local sales tax rate /VAT rate: Transportation Charges from place of dispatch up to BPCL Mahul Refinery (Rs. per MT). In case any service tax amount is included in the transportation charges, the rate / amount of such service tax: Octroi charges if any: Any other Charges: 2. Destination : Mumbai Refinery, Mahul 3. Place of Despatch : NOTE: We have gone through the details of the terms & conditions of M/s. Bharat Petroleum Corporation Ltd (Mumbai Refinery) for this tender and we agree to abide by the same. Yours faithfully, For and on behalf of Signature & seal of the vendor Date & Place ********** Page 21 of 54

22 Annexure-F List of Deviations Sl.No. / Annexure Reference Clause of Tender Document Deviation Yours faithfully, For and on behalf of Date & Place Signature & seal of the vendor ********** Page 22 of 54

23 PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING ANNEXURE G In the case of a Proprietory Concern: I hereby declare that neither I in the name of my Proprietory concern M/s. which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor in any partnership firm in which I am involved as a Managing Partner have been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state NIL ). In the case of a Partnership Firm We hereby declare that neither we M/s. submitting the accompanying Bid/Tender nor any partner involved in the management of the said firm, either in his individual capacity or as proprietor of any firm or concern have or has been placed on black list or holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state NIL ). In the case of Company We hereby declare that we have not been placed on any holiday list or black list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry, except as indicated below: (Here give particulars of black listing or holiday listing and in absence thereof state NIL ). It is understood that if this declaration is found to be false in any particular respect, Bharat Petroleum Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be terminated. Place:. Yours faithfully, For and on behalf of Date : : Signature & seal of the vendor ********** Page 23 of 54

24 Format for Bidder s Information: CRFQ No : Annexure: H 1 Name of Bidder 2 Address for Communication 3 General contact details viz. e mail address, telephone no., and fax no. 4 Whether bidder is a manufacturer OR supplier for items under this tender 5 Type of Organisation: Government Dept. / Public Sector Undertaking / Public Limited Company / Private Limited Company / Partnership / Propreitorship / Others (Pl. specify) 6 Location of Registered Office, in the case of Company 7 Residential status : Indian or Non-resident; 8 Indian Income Tax PAN Number: (Note : In case where Indian Income Tax Deduction at Source is applicable, nonavailability of PAN Number will entail a higher deduction) 9 In case non-resident, whether the bidder is having any Permanent Establishment in India, through which business transactions in India are carried out. 10 In case bidder is a manufacturer for items under reference: 10.1 Address of Factory: 10.2 Central Excise Registration Number: 10.3 Service Tax Registration Number, if any 10.4 Sales Tax / VAT / CST Registration Number Page 24 of 54

25 11 In case bidder is a Dealer / Trader / Service provider for items under reference: 11.1 Central Excise Registration Number, if any(for issuing Cenvatable invoice under Cenvat Credit Rules) 11.2 Service Tax Registration Number, if any 11.3 Sales Tax / VAT / CST Registration Number 12 Contact Person s Details : 12.1 Name & Designation id 12.3 Telephone No.- Landline 12.4 Mobile Number Fax number 13 Average Annual Turnover of the business Place:. Yours faithfully, For and on behalf of Date : : Signature & seal of the vendor ********** Page 25 of 54

26 Annexure-I To, Bharat Petroleum Corporation Limited, CPO (R), Mumbai Refinery, Mahul, Mumbai Dear Sir, PRO-FORMA OF BANK GUARANTEE (ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) FOR EARNEST MONEY DEPOSIT M/s. have taken tender for supply of for Bharat Petroleum Corporation Limited. The tender conditions of contract provide that the bidder shall pay a sum of Rs. (Rupees ) as earnest money deposit / initial / full security deposit in the form therein mentioned. The form of payment of earnest money / security deposit includes guarantee executed by Schedule A Bank, undertaking full responsibility to indemnify Bharat Petroleum Corporation Limited in case of default. The said have approached us and at their request and in consideration of the premises, we having our office at have agreed to give such guarantee as hereinafter mentioned. 1. We hereby undertake and agree with you that if default shall be made by M/s. in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Limited, we shall on demand pay to you in such matter as to you may direct the said amount of Rs. (Rupees ) only or such portion thereof not exceeding the said sum as you may from time require. 2. You will have the full liberty without reference to us and without effecting this guarantee postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said and to enforce or to forbear from endorsing any power of rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect releasing us. 3. Your right to recover the said sum of Rs. (Rupees ) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. and / or that any dispute or disputes are pending before any officer tribunal or court. 4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said but shall in all respects and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid. Page 26 of 54

27 5. Our liability under this guarantee is restricted to Rs. (Rupees ). Our guarantees shall remain in force until unless a suit or action to enforce a claim under Guarantee is filed against us within six months from (which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and shall be relieved and discharged from all liabilities thereunder. 6. We have power to issue this guarantee in your favor under memorandum and articles of association and undersigned has full power to do under the Power of Attorney dated granted to him/her by the Bank. Yours faithfully, Bank by its constituted attorney Sign on behalf of Bank (Signature of the person duly authorized to sign on behalf of the Bank) Name, Signature and seal of Bank *********** Page 27 of 54

28 General Purchase Conditions ANNEXURE-J The following conditions shall be applicable for all procurement unless specifically mentioned in the Special Purchase Conditions. INDEX 1. DEFINITIONS 2. REFERENCE FOR DOCUMENTATION 3. RIGHT OF OWNER TO ACCEPT OR REJECT TENDER 4. LANGUAGE OF BID 5. PRICE 6. TAXES AND DUTIES 7. INSPECTION 8. SHIPPING 9. INDIAN AGENT COMMISSION 10. ORDER AWARD / EVALUATION CRITERIA 11. CONFIRMATION OF ORDER 12. PAYMENT TERMS 13. GUARANTEE/WARRANTY 14. PERFORMANCE BANK GUARANTEE 15. PACKING & MARKING 16. DELIVERY 17. UNLOADING AND STACKING 18. TRANSIT INSURANCE 19. VALIDITY OF OFFER 20. DELIVERY DATES AND PRICE REDUCTION SCHEDULE 21. RISK PURCHASE CLAUSE 22. FORCE MAJEURE CLAUSE 23. ARBITRATION CLAUSE 24. INTEGRITY PACT (IP) 25. RECOVERY OF SUMS DUE 26. CONFIDENTIALITY OF TECHNICAL INFORMATION 27. PATENTS & ROYALTIES 28. LIABILITY CLAUSE 29. COMPLIANCE OF REGULATIONS 30. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT 31. NON-WAIVER 32. NEW & UNUSED MATERIAL 33. PURCHASE PREFERENCE CLAUSE 34. CANCELLATION 35. ANTI COMPETITIVE AGREEMENTS/ABUSE OF DOMINANT POSITION 36. ASSIGNMENT 37. GOVERNING LAW 38. AMENDMENT 39. SPECIAL PURCHASE CONDITIONS 40 NOTICES Page 28 of 54