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INSTRUCTIONS TO TENDERERS
A. General
2. The tender papers shall be completely filled in, and shall be submitted with
requisite information and Annexures. 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 authorised person (s) by enclosing the original
authorisation 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.
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INSTRUCTIONS TO TENDERERS
numbered and shall also carry the tender documents number and shall be
signed by the tenderer and entered in the index for the tender.
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 reserve right to reject, accept or prefer any tender or abort the
tendering process without assigning any reason whatsoever. 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.
12.1. 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
14. Tenders are to be submitted in triplicate, out of which, One copy will bear the
price ie PRICED OFFER and remaining two copies will be kept blank for prices
(UNPRICED OFFER).These should be marked as ORIGINAL and DUPLICATE
.Priced and unpriced offers should be submitted in separate sealed covers
super scribing on the envelopes as PRICED OFFER and UNPRICED OFFER as
applicable, indicating our tender Enquiry number and due date. Further both
the priced and unpriced offers should be put into one envelope super-scribing
on it our tender Enquiry number and due date. Unpriced 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 to "Chief Materials Manager, IndianOil Corporation Limited,
Pipelines Division, Northern Region Pipelines, PO: Panipat Refinery, Paniapt,
Haryana-132140, INDIA" must reach by 1400 hrs. (IST) on the scheduled
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INSTRUCTIONS TO TENDERERS
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/unpriced bid.
17. If EMD amount is more than ` 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.
19.1. 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.
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INSTRUCTIONS TO TENDERERS
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.
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
³6XEMHFWWRPLQLPXPDFFHSWDQFHRUVXEMHFWWRSULRUVDOHHWF´VKDOOEHOLDEOHIRU
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.
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.
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INSTRUCTIONS TO TENDERERS
27. Tender is liable for rejection if the tenderer does not fill in and sign the
required Annexures, 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.
30.1. 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. ,Q H[FHSWLRQDO FLUFXPVWDQFHV WKH RZQHU PD\ VROLFLW YHQGRU¶V FRQVHQW IRU DQ
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.
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.
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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
31.1. 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 `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.
31.6. 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 (unpriced) 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.
7KH ELGGHUV VKRXOG VXEPLW D FRS\ RI WKHLU %DQNHU¶V 6:,)7 PHVVDJH FRS\ DV
proof of remittance of tender fee/ EMD in a separate envelope in UNPRICED
BID. Bids received without a copy of SWIFT MESSAGES (in case of payment by
SWIFT transfer) are liable to EHUHMHFWHG´
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INSTRUCTIONS TO TENDERERS
Account No 00000010432167078
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.
31.10.1. 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.
32.1. The Vendor is required to state in his offer (as per Annexure-?) 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,
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Instructions To Tenderers
A) Sole Bidder: - Sole bidder has to meet all criteria i.e. Technical & Financial.
(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:
(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.
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Instructions To Tenderers
(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.
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Instructions To Tenderers
(b) The sister subsidiary company on its own and not through any other
arrangement like Technical Collaboration agreement meets the technical
experience criteria
(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 authorised 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 authorised 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 authorised 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.
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.
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Instructions To Tenderers
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.
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Instructions To Tenderers
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.
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 Organisation, 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..
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Instructions To Tenderers
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.
41.1. 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.
44. Bidders have to quote for full quantity .The offer which is not for full quantity
will be liable for rejection.
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)
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Instructions To Tenderers
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.
51.1. 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”.
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
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Instructions To Tenderers
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.
54. Quotation
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Instructions To Tenderers
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.
55.1. The evaluation will be made on the basis of total landed cost at site only.
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Instructions To Tenderers
56.1. 90% payment against despatch 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 despatch 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.
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.
60. Quotation
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Instructions To Tenderers
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
61.3. Inspection charges if quoted “Extra on actuals” then offer will be loaded @ -
% of basic prices and reimbursement will be made on actual subject to
maximum - %
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
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Instructions To Tenderers
63.2. It may, however, be noted that the role of the agent in relation to this tender
will be limited to the following:
iii) The bidder 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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Instructions To Tenderers
63.3. The bidders may note that the agents in India will not be allowed to perform
any other role:
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.
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a) Please note that IOCL can provide Invalidation letter under EPCG Benefit
Scheme for importing raw materials. Also note that invalidation letter for
obtaining concessional rate of duty will not be provided for imports of your
sub Bidders.
b) Confirm whether letter for obtaining invalidation letter for importing raw
materials under EPCG Benefits is required by you as per (a) above.
c) Indicate rate of customs duty considered and included in the quoted prices.
d) Indicate brief description/ specification with itemized CIF value and county of
origin of imported material.
e) Indicate classification with tariff no. under which Bidder intends to import.
f) Confirm prices shall be firm on account of variation in foreign exchange rate.
g) Owner shall not provide any import license.
h) The quoted prices are based on concessional rate of duty under EPCG Benefit
scheme against issuance of invalidation letter by IOCL. Obtaining EPCG benefit
is solely the Supplier's responsibility and Owner will not compensate the
Supplier for their failure to obtain EPCG benefit / failure to import under EPCG
benefit. This supersedes any other clause mentioned elsewhere in the
document for customs duty.
i) Any upward variation due to change in Customs Duty classifications shall be
absorbed by the Bidder. However, any reduction in customs duty due to
change in classification shall be passed on to Owner.
j) Statutory variations, if any, in the rate of customs duty up to a maximum
period of 2/3rd of the contractual delivery period shall be to Owner’s account.
Owner will not pay any variation on account of CVD.
k) Any increase in price due to increase in the rate of Customs Duty, due to any
reasons, whatsoever, beyond the above specified period i.e. 2/3rd of
contractual delivery period, shall be to Bidder’s account. However, any
decrease in custom duty rate at the time of actual clearance of imported
materials shall be passed on to Owner.
l) The CIF Value(s) indicated by the Bidder shall be deemed to be the maximum
value(s) for the purpose of payment of variation in custom duty and/or other
statutory variations, if any, thereon.
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m) The value of refund of Terminal Excise duty against EPCG benefit shall be
considered equivalent to exact amount of total quoted ED and same shall not
be payable to bidder.
II. Variation in price due to Customs duty rate will be dealt with separately after receipt
of material at site, against documentary evidence.
III. Confirm that “At any time after receipt of invalidation letter, if it is known /
established that invalidation letter for import of raw material as requested in the bid
would not be utilized at all, Bidder undertakes to promptly return the original
invalidation letter with affidavit (as per Specimen at Annexure – ‘XX ‘) on Rs 10
stamp paper to Owner without any condition”
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Annexure-XX
( To be executed on non judicial stamp paper of Rs. 10)
AFFIDAVIT
Date
Place
______________________________
Signature along with Seal
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1.1.0 Tender fees and EMD “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 tender fees and 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 company 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 GST Registration pertaining to the State
of its operation along with the techno-commercial bid. In the following format
along with copy of GST Registration. Bidders not registered under GST law are
liable to be rejected unless & otherwise they are exempted as per GST Rule &
Laws.
1.4.0 Tax Invoice to be submitted by the bidder in compliance with the prevailing
tax law at the time of execution/delivery. No other invoice will be accepted as
owner intendes to avail Input Tax.
1.5.0 Bidders to take note of Anti-profiteering measure clause in CGST (section
171) where in 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 to the
recipient by the way of commensurate reduction in price.
1.6.0 Bidders are 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.
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26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1.4.1 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
iv. Coir Board
v. National Small Industries Corporation (NSIC)
vi. Directorate of Handicraft and Handloom
vii. Any other body specified by Ministry of MSME
1.4.2 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.
1.4.3 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.
1.4.4 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.
1.4.5 The MSEs registered with above mentioned agencies/bodies are exempted from
payment of Tender Fee and Earnest Money Deposit (EMD).
1.4.6 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:
1.4.6.1 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.
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26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
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 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.
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1.4.7 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.
1.4.8 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 1.4.1 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 the
IOCL, bidders need not quote for the same.
1.9.0 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.
1.10.0 Delivery Period:
1.10.1 For foreign Bidder - Total quantity ordered to be delivered within xxx
months/weeks/days from PO date.
1.10.2 For Indian Bidder - Total quantity ordered to be delivered within given time period
from PO date.
1.11.0 Tenders having more than one group will be evaluated based on the overall landed
cost for all the items in each group put together.
1.11.1 IOCL reserves the right to place orders on the least cost option offer(s) under all
circumstances.
1.11.2 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
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
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.
1.11.3 The L-1 bidder for other groups shall then be worked out without considering the
above mentioned rejected bid(s)/ offer(s) as per 1.9.2.
1.12.0 Domestically Manufactured Electronic Products (DMEP):
1.12.1 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.
1.12.2 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.
1.12.3 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.
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1.13.0 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.
1.13.1 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.
1.13.2 In case Service Tax amount/ GST component is not specified in the submitted
completion certificate, then the amount equivalent to rate of applicable service
tax/GST 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.
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
(a) A Bank Guarantee (BG) upto 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
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 If the tenure of BG is
more than 1 year, up to 1 year, credit
credit rating of rating of
In case of foreign ‘A’ of Moody’s or ‘P-1’ of Moody’s or
banks equivalent equivalent i.e. highest
short term rating
In case of Indian ‘ÁA’ of CRISIL or ‘Á1+’ of CRISIL or
Banks equivalent 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].
1.22.0 Duly signed IP, along with Tender, is a mandatory prerequisite for Bids to be eligible
for further evaluation. The signed IP should be complete in all respect and is required
to be uploaded in the e-tender portal along with the Bid. Bid not having the duly
signed IP attached with it will be summarily rejected. Partial submission of IP
document will also not be considered. The “Integrity Pact document” should be
included in the “list of documents” to be submitted with the tender.
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1.23.0
Contact person for any Name Shri Sabyasachi Nath
grievance.
Designation GM(Construction)
Dept Construction
Email: nathsabyasachi@INDIANOIL.IN
Tel: 7086008070
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
1 To be filled as
per BoQ
2 To be filled as
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.
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)
Rev 13
26 Oct 2016
Indian Oil Corporation Limited
(Pipelines Division)