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FOR
NIT NO.MMD/G/C03H/SMS/024/18-19
1. Bidder’s Information
Sheet
PART – A BID - 2. Pre-Qualification
FOR PRE - should contain
documents (both
QUALIFICATION experience & finance)
3. Scanned copy of the
instrument towards EMD
4. Integrity pact duly
signed and stamped.
TABLE OF CONTENTS
Offers are invited for Supply, Installation & Commissioning of Stack Monitoring
System with Analyzer Shelters & HVACs under Three Bid System on behalf of
Chennai Petroleum Corporation Limited (CPCL) in the form of Electronic bids.
If any of the days identified above happens to be a holiday for CPCL, the next working day
shall be applicable.
1. Instructions to the Bidders for the e-submission of the bids online through the e-
tender site of CPCL:
1.1 Bidder should do the registration in the tender site https://cpcletenders.gov.in using
the option available. Then the Digital Signature registration has to be done with the
e-token, after logging into the site. The e-token may be obtained from one of the
authorized Certifying Authorities such as SIFY/TCS /nCode.eMudhra.
1.2 If there are any clarifications, this may be obtained online thro’ the tender site, or
thro’ the contact details given below :
E-mail : cpcletenders@cpcl.co.in
Contact Telephone Numbers : 044 2594 4507 / 2594 4000 Ext.2245
In person : e-procurement cell, Admin Block-III,
CPCL, Manali, Chennai-600068.
1.3 Bidder should take into account of the corrigendum published before submitting the
bids online.
1.4 Bidder, in advance, should prepare the bid documents to be submitted as indicated
in the tender schedule and they should be in PDF/xls/rar/dwf formats. If there is
more than one document, they can be clubbed together.
1.5 Bidder should submit the EMD as specified in the tender. The original should be
posted/couriered/given in person for the tender to GM (M, M&C), Materials &
Contracts Department, CPCL, Manali, Chennai 600 068 indicating our tender
reference in top left hand corner of the envelope. A Scanned copy of the EMD
instrument must be uploaded with Pre-qualification Bid -(Part A)
1.6 Bidder should submit Integrity Pact as specified in the tender. The Original should
be posted/couriered/given in person for the tender to GM (M, M&C), Materials &
Contracts Department, CPCL, Manali, Chennai 600 068 indicating our tender
reference in top left hand corner of the envelope. A scanned copy of the instrument
must be uploaded with Pre-Qualification Bid- (Part-A)
1.7 It is construed that the bidder has read all the terms and conditions before
submitting their offer.
1.8 After the bid submission, the acknowledgement number, given by the e-tendering
system should be printed by the bidder and kept as a record of evidence for online
submission of bid for the particular tender.
1.9 The Tender Inviting Authority (TIA) will not be held responsible for any sort of
delay or difficulties faced during the submission of bids online by the bidders.
1.10 Each document to be uploaded thro’ online for the tenders should be less than 2
MB. If any document is more than 2MB, it can be converted to rar/zip format and
then the same can be uploaded. However if the file size is less than 1 MB the
transaction uploading time will be very fast. The total size of the documents in all
the covers put together, should be less than or equal to 12MB.
1.10.1 The confidentiality of the bids is maintained since the secured Socket Layer 128 bit
encryption technology is used. Data storage encryption of sensitive fields is done.
1.11 Bidders to note that if prices are indicated in their PQ (Part-A) or Techno
Commercial bid (Part-B), their offer will be rejected and further evaluation or
communication will not be entertained in this regard. The prices should be
indicated only in the Part -C bid.
1.12 Bidders to note that the very act of using DSC for downloading the bids and
uploading their offers shall be deemed to be a confirmation that they have read all
pages of the bid document without any exception.
1.13 For any other queries, the bidders are asked to contact through the modes given
below:
Thanking you,
V. Mukundan
Sr. Manager (Purchase)
Bidders Details :
3. ECC No.
:
4. GST No. :
The Micro, Small and Medium Enterprises Development Act (MSMEDA), 2006, eligible
bidders are requested to submit a copy of the relevant memorandum (Micro and Small
enterprises to submit the memorandum files with the authority notified by the State
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.
Copies of relevant
Type of Enterprise
Documents Enclosed
Bidders Details :
Vendor confirmation sheet - Public Procurement Policy (PPP) for Micro & Small Enterprises - Order 2012
(Applicable for Indigenous Bidders)
Name : Designation :
PRE-QUALIFICATION CRITERIA:
I Experience Criteria:
2. Bidder should have successfully supplied and commissioned at least 2 Nos. of Stack
Monitoring Systems to measure SO2, NOX & CO for Refineries / Petrochemical
Stacks directly or through authorised system integrator in India during the last 7
years either under single order or multiple orders. In case of multiple orders, each
order shall have minimum SO2, NOX & CO Stack Analyzers. The supplied analysers
shall be USEPA approved and meet the guide lines of TNPCB/CPCB.
3. Bidder shall offer suitable model as per tender technical specification. Bidder shall
submit Proven Track Record (PTR) of analyzers of their make & model proposed for
CPCL tender which were supplied either directly or through their authorised system
integrator and has been working satisfactorily for a minimum period of one year from
the date of commissioning in India during the last 7 years. In this regard, for
evaluating the bidder’s credentials, bidder to strictly submit Purchase Order copies,
Invoices, Testing / Commissioning (Site Acceptance Report) & Stack analyzer's
satisfactory performance certificate from end user.
4. Bidder should have supplied at least one (1) number Analyzer Shelter with HVAC
located in hazardous area having a total installed capacity of minimum 3 Tons, during
the last seven years and same shall be in successful operation for at least one year in
Refineries/Petrochemical Industries in India. Bidder shall submit purchase order
copies along with capacity calculations of the supplied HVAC system &
installation/SAT reports / HVAC’s satisfactory performance certificate from end user.
5. OEM shall furnish certificate for logistic support for a period of not less than ten (10)
years from the date of placement of order in providing back-up engineering,
maintenance support and spare part support.
6. Bidder should have executed Annual Maintenance Contract for a minimum period of
one year for stack analyzers wherein they should have provided services for stack
analyzers with dilution technique for SO2, NOX and CO as minimum in Refineries /
Petrochemical Industries in India during the last seven years. Bidder to submit Order
copies, Invoices, AMC visit report /end user certificate, as credential for satisfactory
performance of AMC.
Note: The seven year period for supplied stack analyzer system, one year period for
performance of the supplied stack analyzer system and one year period for AMC of stack
analyzer system stated above shall be reckoned as of 31.12.2018.
The annual turnover of Bidder during one of the last three financial years i.e. 2015-16,
2016-17 and 2017-18 or year ending December 2015, December 2016 & December 2017
shall not be less than Rs.6,00,00,000/- or US $ 8,57,000/- or Euro 7,48,000/-.
Bidder shall furnish their Annual Report or a certificate from Chartered Accountant duly
certifying the annual turnover indicated.
PHYTOSANITARY CERTIFICATE
Government of India (GOI), New Delhi (India) have recently issued a directive to all
importers in India that no consignment packed with packaging material specified in clause
2 (xiii) of the Gazette Notification No. S.O.1322 (E) – Public Notice No. 10/2004 (please
visit the site http:www.plantquarantineindia.org/” for details) shall be permitted import
unless appropriately treated. The treatments shall include heat-kiln treatment at 56 deg. C
Installation Testing, commissioning, for a minimum of 30 hrs. or Methyl Bromide
fumigation at 48 g/cum for 32 hours or chemical impregnation of wood with wood
preservatives such as copper chrome arsenic or any other approved treatment as per
international standards.
INSTRUCTIONS TO BIDDERS
The Clauses stated herein supersede the terms
referred in the GPC (Indigenous) / (Imports)
INSTRUCTIONS TO BIDDERS:
The bidder shall bear all costs associated with the preparation and uploading of the bid
and CPCL will in no case be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
The bidder is expected to examine all instructions, forms, terms and specifications in
the tender documents. The Tender together with all its attachments thereto, shall be
considered to be read, understood and accepted by the bidders, unless deviations are
specifically stated seriatim by the bidder. Failure to furnish all information required by
the Tender documents or submission of a bid not substantially responsive to the Tender
documents in every respect will be at bidder’s risk and may result in the rejection of
his bid.
A prospective bidder requiring any clarification on the Tender Documents the same
may be obtained online through the tender site or through the contact details. CPCL
will respond in writing to any request for clarification on the tender documents, which
it received not later than 10 days prior to the deadline for the submission of bids
prescribed by CPCL.
At any time prior to the bid due date, CPCL may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the
tender documents.
3 GOVERNMENT DIRECTIVES
The directives issued by the Government of India from time to time with regard to
the following shall be duly considered :-
4.0 DEVIATIONS
4.1.1 Deviations, if any, other than those indicated above, if felt absolutely necessary
shall be indicated in the format enclosed with the Commercial Questionnaire only
and shall not be repeated in the bid elsewhere. CPCL shall not take cognizance of
any deviation stipulated elsewhere in the RFQ document.
5.1 EMD / Bid Security against the tenders are not transferable.
5.2 Bidder should submit the EMD as specified in the tender. The original should be
posted/couriered/given in person for the tender to GM (M, M&C), Materials &
Contracts Department, CPCL, Manali, Chennai 600 068 indicating the tender
reference in top left hand corner of the envelope.
5.3 A Scanned copy of the EMD instrument must be uploaded with Pre-qualification
Bid - (Part A)
value not less than Rs.100/- (Rupees One Hundred only) in favour of “Chennai
Petroleum Corporation Limited “and addressed to CPCL. Bid Security must
indicate the Bid Document No. and the item for which the bidder is quoting and
shall be in the format provided along with these Instructions to Bidders.
5.5 Rejection of Bid :
Bids without EMD other than those Bidders who are exempted in line with clause 5.4
shall be considered as non-responsive and rejected.
The EMD shall not be accepted and the bid shall be rejected under the following
circumstances:
The name of the item mentioned in the BG is different from the item for which bids
have been invited.
The firm on whose behalf the BG has been furnished is different from the Bidder.
The EMD is not for the prescribed value.
In line with the Government Directives, Small Scale Industrial Units registered with
National Small Scale Industries Corporation (NSIC) under the Single Point
Registration Scheme shall be exempted from submitting EMD for items registered
with NSIC and upto the monetary limit specified in the registration certificate.
A copy of valid NSIC Certificate shall be furnished by such bidder in their Unpriced
Bid.
EMD shall not be applicable in line with Government Directives for Registered Micro
and Small Enterprises subject to production of valid Registration Certificate.
The EMDs of unsuccessful Bidder’s shall be returned to them without any interest
upon award of contract on the successful Bidder and acceptance of the same.
The successful bidder’s bid security will be discharged upon the bidder’s accepting the
Order and furnishing the Performance Bank Guarantee.
In case of cancellation of the tender, the EMDs along with the offers submitted by all
the Bidders shall be returned immediately after the decision on cancellation is taken.
o the Bidder withdraws the bid after priced bid opening but during the period of bid
validity
o the Bidder makes unsolicited modifications in the bid during the bid validity.
o the successful Bidder fails within the specified time to accept the order and furnish the
Performance Bank Guarantee.
It may be noted that no interest shall be allowed on the EMD submitted.
Bids need to be submitted in electronic mode only within the due date and time.
NB: Bidder shall not alter the contents of this price schedule. CPCL reserves the right to
reject the bidder's offer, which is not submitted as per price schedule format.
7. BID OPENING:
7.1 Part-A (Pre-qualification) shall be opened on the due date and time mentioned in
the tender, in the presence of authorised representatives of attending bidders.
7.2 Part –B (Techno-Commercial) Bid of only those bidders who meet the PQC shall
be opened.
7.3 Part-C (Priced) Bid of only those bidders whose offer is found techno-commercially
acceptable, shall be opened in the presence of authorized representative of attending
bidder
8. CPCL reserves the right to reject any or all the Bids without assigning any reason(s)
thereof.
9. All the attachments where Supplier should fill the details and submit with seal and
signature such as Commercial Questionnaire, Deviation to tender terms and conditions,
if any, etc., are to be submitted along with the bid.
Bidders are required to fill in the Tender Documents with all due care, avoiding
cuttings/corrections/alteration/overwriting etc. in the entries, as far as possible. In case
corrections/alterations become unavoidable or inevitable, the entry to be corrected,
altered should be neatly cancelled or scored through by striking the entry by drawing a
line through it and making the revised/corrected entry as close to the cancelled entry as
possible, each such cancellation and correction/alteration being clearly and
unambiguously authenticated by the Bidder by his full signature. Overwriting and/or
erasing with or by the application of correcting/erasing fluid(s) will not be permitted
and shall be liable for rejection.
General:
11.1 Bidder to note that entire scope of specification sheet covering all supplies shall be
considered for evaluation and order.
11.2 Firm & Fixed Price: Price quoted by the bidders shall be firm and fixed during the
complete execution of contract and bidder’s performance of the contract.
11.3 Evaluation: Evaluation will be done on Overall L1 basis and order will be
placed on One Vendor (Overall L1 vendor) for all items covered in the tender
price schedule. Since the System is not splittable, the split quantity for MSE
bidders shall not be applicable.
11.4 Bidder shall ensure that a copy of the Price Schedule duly indicating in the
respective column as “Quoted (Q) / Not Quoted (NQ)” without prices/values, is
submitted in the Techno-Commercial Bid (Part-B).
11.5 If any of the items/elements (of the Price Schedule) indicated by the bidder as
(Zero/not quoted/left blank/extra at CPCL a/c”, then the same shall be treated as
free of cost/inclusive and evaluation done accordingly.
11.6 Conditions/items/elements, (if any), not indicated in the “Unpriced Copy” of the
Price Schedule but indicated in the “Priced Offer”, by the bidder, then the bidder’s
offer shall be summarily rejected.
11.7 Income/Corporate Tax : As regards the Income Tax, surcharge on Income Tax
or any other Corporate Tax payable by the Bidder for reasons of the contract
awarded, and/or on their expatriate personal, the Owner shall not bear any tax
liability whatsoever, irrespective of the mode of construction of contract/order.
11.8 The bidder shall be liable and responsible for payment of such tax, if attracted
under the provision of Indian Income Tax Act. Bidder may note that if any tax is
deductible at source as per Indian Income Tax Law, the same will be so deducted
before releasing any payment to the bidder and a TDS (Tax Deducted at Source)
certificate will be furnished to the bidder. Accordingly, bidder shall have the
responsibility to check and include such provisions of taxes in their prices.
11.9 The tendering process could be abandoned without assigning any reason. No
compensation is payable for the efforts made by the bidders.
11.11 Suppliers who are placed under “banned for Business Dealings” are not eligible to
quote.
11.12 No credit will be given for goods offered which conform to alternative standards,
even if superior to the standards prescribed in the tender specification /
standards.
11.13 The statutory variation in duties and taxes on finished goods, within the contractual
delivery period shall be to Purchaser’s account against submission of the
documentary evidence. However, any increase in the rate of these taxes and duties
beyond the contractual completion period shall be to bidder’s account. Any
decrease in the rate of these taxes and duties shall be passed on to the Purchaser.
11.14 Comparison of prices / evaluation will be made on the basis of Total Landed Cost
at CPCL site only as per “Evaluation Methodology” attached with this tender.
11.16 Bidder shall indicate the Lumpsum Basic Amount on F.O.T. despatch point basis, which is
inclusive of Packing & Forwarding (P&F) charges, in the Price Schedule.
11.17 Freight charges, Third Party Inspection Charges, etc., whichever extra, must be clearly
indicated in the Price Schedule.
11.18 Bidder should indicate their prices without IGST / GST. Bidder shall indicate the
applicable IGST / GST in the Commercial Questionnaire (Indigenous).
11.19 Bidder should also indicate the HSN code in the Commercial Questionnaire
(Indigenous).
11.20 Bidder to note that in case of imported materials are envisaged, the quoted price
shall remain firm and fixed and No variation is allowed on account of customs
duty variations and foreign exchange rate variations.
11.22 All taxes/duties and insurance of any kind that shall be payable upto to the stage of
putting the material in F.O.B International Sea Port of Exit shall be borne by the
supplier.
11.23 Bidder shall indicate HSN / BTN number in Commercial Questionnaire (Foreign).
11.24 The bid shall contain particulars of shipping / consignment, net weight, gross
weight and package net dimensions.
11.27 The evaluation will be made on the basis of total landed cost at CPCL site only.
For evaluation purpose, the following will be considered to arrive total landed cost
at CPCL site :
12. LANGUAGE
The bid prepared by the bidder and all correspondence/drawings and documents
relating to the bid exchanged by bidder and the CPCL shall be written in English
language, provided that any printed literature furnished by the bidder may be
written in another language so long as accompanied by an ENGLISH translation, in
which case, for the purpose of interpretation of the bid, the ENGLISH translation
shall govern. Metric measurement system shall be applied.
"Should the seller fail to complete the order on or before the completion date
specified in the order or any extension granted thereof in writing by CPCL, CPCL
shall recover from the seller 1/2% (half percent) of the total order price per week of
delay or part thereof subject to a maximum of 5% (five percent) of the total order
price".
"Credit note for the price reduction: in case the delivery is delayed beyond the
contractual date, price reduction shall be levied as per the contract terms. In such
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Chennai Petroleum Corporation Ltd., Manali, Chennai-600068.
case, the supplier shall issue the credit note to this effect in favour of CPCL for the
amount of price reduction based on the actual delayed period so that GST can be
adjusted accordingly. The credit note for the price reduction shall be issued
immediately on completing the supplies. Otherwise, the amount towards delayed
delivery shall be withheld while making payment to the supplier".
"Credit note for shortfall in the quantities, rejection of the items supplied: In case of
shortfall in the quantities, rejection of the terms supplied etc, the supplier shall issue
credit note for the value of the shortfall / rejected quantities in favour of CPCL so
that GST can be adjusted accordingly. Fresh invoice shall be raised while making
replacement supplies for the short fall quantities / rejected quantities. Otherwise,
equivalent amount shall be withheld by CPCL while making payment to the
supplier.
NON CONFORMANCE:
In case of delivery schedule is not adhered to, CPCL has the right to cancel the
order wholly or partially and procure/execute through other source and the
additional cost incurred shall be recovered from the bills or from PBG.
For the purpose of Price Reduction clause, Supply portion and Site Works portion
shall be treated independently.
80% of the supply value within 30 days from the date of receipt of materials at
CPCL site, duly certified by CPCL Engineer in-charge.
15% of the supply value within 30 days of completion of Site Work activities
(Installation, Commissioning, SAT etc.,) and handing over of the complete system
at CPCL site, duly certified by CPCL Engineer in-charge. In case site is not ready
for site works, 15% of the supply value shall be released within 90 days from
receipt of materials at site against furnishing an equivalent bank guarantee valid for
one year period. This is apart from the submission of 10% PBG.
Balance 5% of the supply value on submission of all the technical documents, duly
certified by CPCL Engineer-in-charge.
80% through irrevocable L/C against shipping documents, such as Bill of Lading
(B/L) packing list, Invoice, etc.
15% of the supply value within 30 days of completion of Site Work activities
(Installation, Commissioning, SAT etc.,) and handing over of the complete system
at CPCL site, duly certified by CPCL Engineer in-charge. In case site is not ready
for site works, 15% of the supply value shall be released within 90 days from
receipt of materials at site against furnishing an equivalent bank guarantee valid for
one year period. This is apart from the submission of 10% PBG.
Balance 5% of the supply value on submission of all the technical documents, duly
certified by CPCL Engineer-in-charge.
100% of the Indian Agency commission (if any) shall be made in equivalent Indian
currency, after receipt of materials.
CPCL being a PSU, irrevocable L/Cs are not required to be confirmed. In case
confirmation is still required, the bidder shall bear the fee charged by the
corresponding bank as confirmation charges.
The Suppliers shall furnish the details of their Bankers through whom the L/C is
required to be operated.
All taxes, duties and levies of any kind that may be payable upto the stage of
putting the material in FOB position shall be borne by the Vendor.
All taxes and duties payable in India on the materials shall be payable by the
Purchaser).
The bidder shall hand over the materials to the CPCL authorised freight forwarders
only.
15.2 For Site Work (Installation, Commissioning, SAT, etc.,) - Both Indigenous and
Foreign Bidders):
The Bidder shall take all precautions to avoid rejections. If the supplies do not meet
our specification, the supply will be rejected and Bidder should make their own
arrangement to remove the goods.
The Bidder shall effect fresh replacement of rejected supply at their cost with in a
given time. In case the replacements are not made within the given time CPCL has the
right to procure the material elsewhere and the additional cost incurred shall be
recovered from the bills or from the PBG/EMD.
In case of rejections CPCL reserves the right to short close the order and forfeit the
PBG/EMD.
It shall be in the form of a DD or in the form of Bank Guarantee as per our format
enclosed, issued/counter guaranteed by any Govt. of India nationalized /scheduled
bank.
19 VALIDITY OF BIDS
19.1 The Bid shall be valid for a minimum period of 4 Months from the Final
Bid Due Date.
19.2 In the event of delay in finalizing the tender, the validity of the bid shall be
extended by the bidder without any change in price, deviation to the terms
and conditions, as otherwise, their offer shall be liable for rejection.
19.3 However, bidders are allowed to withdraw their bid if they are unable to
extend validity period as required by CPCL.
20 COMMERCIAL EVALUATION:
Appropriate loading shall be done for the commercial deviations as per “LOADING
CRITERIA” given in this tender.
21 In House Information :
CPCL reserves the right to use in house information for assessment of bidder’s
capability.
22 Arbitration Clause
Settlement of disputes with other than PSUs and Government Departments
“Any dispute arising out of or relating to this Agreement, or the breach or validity
thereof, shall be finally settled by arbitration in accordance with the Arbitration and
Conciliation Act, 1996 (the “Act”) by a Sole Arbitrator to be appointed by the
Managing Director of the Owner in the manner herein below stated. The Party
requiring that the dispute be referred to arbitration shall do so by a written notification
to the other Party with a copy to the Managing Director of the Owner. Within 30 days
of receipt of such notification, the Managing Director of the Owner shall notify the
name and address of three individuals who are not connected with the Owner, for
appointment as the sole arbitrator. Within 10 days of receipt of such notification, the
Party other than the Owner shall select one out of the three individuals and
communicate such person’s name to the Owner and the Managing Director of the
Owner. On receipt of such communication, the Managing Director of the Owner shall
forthwith appoint the individual so selected as the sole arbitrator; provided that in the
event the Party other than the Owner refuses or omits to so communicate within the
said 10 days, the Managing Director of the Owner shall forthwith appoint anyone out
of the three individuals as the sole arbitrator. The arbitration shall be held at Chennai
and the arbitration proceedings shall be conducted, and the award shall be rendered, in
English. The award shall state the reasons upon which it is based. The costs of the
arbitration proceedings shall be borne equally by the two parties. Interest, if awarded
by the arbitrators, shall be at a rate not exceeding the Cash Credit Rate prevailing on
the date of the award. This Agreement, and the rights and obligations of the Parties,
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Chennai Petroleum Corporation Ltd., Manali, Chennai-600068.
shall remain in full force and effect pending the award in any arbitration proceedings.
For the purposes of this clause, the term,’dispute’ shall include a demand or difference
of any kind whatsoever, arising out of this Agreement and respecting the performance
thereof, whether during the Term of this Agreement including extension if any, or after
completion, and whether before or after termination, abandonment or breach of the
Agreement”.
25 COMMERCIAL QUESTIONNAIRE
Bidder shall submit the Commercial Questionnaire attached with this document, duly
filled in with all details, along with the Techno-commercial bid (PART-B).
26 Bidder should submit Integrity Pact as per the format attached. The Original should be
posted/couriered/given in person for the tender to GM (M, M&C), Materials &
Contracts Department, CPCL, Manali, Chennai 600 068 indicating our tender
reference in top left hand corner of the envelope. A scanned copy of the instrument
must be uploaded with Pre-Qualification Bid- (Part-A)
28 GRIEVANCES IN TENDERS:
Any grievances related to the tender / PO shall be addressed to GM (M, M&C). Any
actual or prospective bidder who is aggrieved in connection with the solicitation,
evaluation or award of a contract/ Purchase Order may formally protest such
grievances in writing to the ‘GM (M, M&C)’ if the response received from the
‘Officer-in-Charge’ is not acceptable to the bidder or if no response from the Officer-
in-Charge with in a week. Such protest must be in writing and received in the office of
the GM (M, M&C) within a week after receipt of response from the Officer-in-Charge
or with in two weeks of their first representation to the Officer-in-Charge.
1. IGST / GST: Bidders quoted prices / charges shall be exclusive of IGST / GST. Bidder
shall indicate the applicable IGST / GST along with HSN code in the Commercial
Questionnaire (Indigenous). The same shall be evaluated as per “Evaluation
Methodology” given below.
3. Commercial Loading, if any, as per the “Loading Criteria” attached in this tender, shall be
evaluated as per “Evaluation Methodology” given below.
Evaluation Methodology :
1. Comparison shall be done on equivalent Indian Rupees basis, considering TT selling rate published
by the State Bank of India on the date of price bid opening. In case the date of opening of the price
bids is on a Saturday, Public Holiday and on Sunday, the TT selling rate published by SBI on the
previous working day shall be considered.
Foreign bidders, who want to quote in other than Indian Rupees, shall go to the “PS-
Foreign” Sheet, at “Name of the Currency” field, enter the Currency’s Name and enter the
amount/charges in the respective columns.
Tender No.
Bidder Bid Ref.No. : _____________________ Date : __________________
Sl.
Description Bidder’s Confirmation
No.
1 Confirm acceptance to the Technical Specification
(Specification Sheet, Data Sheet, etc). If Deviation, please
confirm whether the same is indicated in the deviation sheet
attached.
2 Confirm acceptance of Tender Commercial terms and
conditions [Instruction to Bidders, GPC (Indigenous), etc.,].
If Deviation, please confirm whether the same is indicated
in the deviation sheet attached.
3 Please note that deviations, if any, taken by you to the
Tender Commercial Terms and Conditions, shall result in
either loading of prices or rejection of the offer.
4 Deviations to Tender Terms and conditions if any shall be
indicated in the “Deviations to Tender Terms and
Conditions” sheet only. Deviations mentioned elsewhere
shall be ignored. Confirm compliance.
5 Confirm submission of Price Schedule as per the format
attached in the tender and also confirm that a copy of the
Price Schedule (without prices), duly indicating in the
respective columns as "Quoted (Q) / Not Quoted (NQ)”
except price, is enclosed in the Techno-commercial (Part-
B) Bid.
6 Confirm submission of bank details to enable CPCL to
make payment in RTGS system, in the event of an order.
7 PRICE BASIS
7.1 Confirm quoted price shall be firm and fixed till complete
execution of order as per enquiry/NIT terms and conditions.
7.2 Indicate the Despatch Point from where the supplies will be
made
7.3 Confirm that the Basic Amount/Charges indicated in the
Prices Schedule is on F.O.T. despatch Point lumpsum price,
which is inclusive of Packing & Forwarding (P&F) charges.
7.4 Confirm that the freight charges has been quoted in the
tender Price Schedule, if the same is extra
7.5 Confirm that the Transit Insurance Charges upto CPCL,
Manali, Chennai-600068, has been quoted in the Tender
Price Schedule, if the same is extra
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Sl.
Description Bidder’s Confirmation
No.
7.6 In case imported materials are envisaged, then the quoted
prices shall remain firm and fixed on account of Customs
Duty variations and foreign exchange rate variations.
Confirm compliance.
8 GOODS & SERVICES TAX (GST)
8.1 Whether the bidder has noted that the provisional GST
registration No. (GSTIN) of Chennai Petroleum Corporation
Yes / No
Ltd., (CPCL) Manali, Chennai-68, TamilNadu is
33AAACM4392C1ZU
8.2 Whether the bidder has noted that in case of PO, the place of
delivery (supply) of the tendered goods shall be at CPCL,
Yes / No
Manali, Chennai 600 068 - Tamil Nadu - Political state
8.11 Whether the bidder shall submit hard copy of the respective
GSTN Invoice print with sign and seal along with the
Yes / No
supplies
Sl.
Description Bidder’s Confirmation
No.
8.14 Whether the Bidder / Invoicing Vendor / Transporter shall
adhere to the Government e-waybill compliances after Yes / No
implementation by the Government
9 INSPECTION AND TESTING
9.1 Inspection and Testing shall be done as per the Tender
condition. Confirm your compliance. Yes / No
10 DELIVERY PERIOD
10.1 Confirm your compliance to Delivery Period as per Tender
Condition. Offer with longer delivery period shall be liable
for rejection.
11 PAYMENT TERMS
11.1 Confirm your acceptance of relevant Terms of Payment
specified in the tender condition.
12 PERFORMANCE BANK GUARANTEE (PBG)
12.1 In the event of an order, bidder to confirm that PBG will be
furnished for value and period and as mentioned in the
tender documents. Confirm compliance.
16.3 Please confirm you have not been under liquidation, court
receivership or similar proceedings.
Sl.
Description Bidder’s Confirmation
No.
16.4 Bidder to confirm that bidder’s own terms and conditions
stipulated in the bid including bidder’s own printed terms
and conditions of sale, if any, appearing in the bid shall not
be applicable and shall stand deleted. Bidder to confirm
compliance.
16.5 All other terms and conditions shall be as per our
GPC(Indigenous) attached with the tender documents.
Confirm compliance.
16.6 Furnish contact person / address / fax / e-mail / phone
number details for pre-order correspondence.
16.7 Please furnish complete address on whom PO to be
placed in the event of an order.
Name : Designation :
Tender No.
6 PRICE BASIS
6.1 Bidder to confirm that quoted prices shall be firm and fixed till complete
execution of order as per Tender terms and conditions.
6.2 Confirm that the Basic Amount/Charges indicated in the Prices Schedule is
on lumpsum basis upto FOB International Sea Port of exit/delivery of the
cargo to CPCL nominated freight forwarder
6.3 Confirm your acceptance to deliver the materials to the CPCL authorised
freight forwarders on FOB basis
6.4 The change in currency once quoted will not be allowed. Confirm
compliance.
6.5 Indicate International Sea Port of Exit
6.8 Indicate shipping weight (net and gross) and volume of the consignment.
7.3 Export Permit / Licence, if required shall be vendor’s responsibility and any
expenditure towards same will be borne by you. Confirm acceptance.
8 INDIAN AGENT
8.1 Direct offer without the intermediary of an Indian Agent will only be
considered.
8.2 However, if Indian agents are involved, please note that they shall be
registered with Reserve Bank of India (RBI) as per Indian Laws.
8.3 Please indicate if you have involved / engaged any Indian agent. Please note
that wrong declaration, if given and established later, may result in banning
of business dealings with Indian Government Departments and Government
Undertakings.
8.4 If you propose to involve/ engage Indian agents, please furnish the
following documents and details :-
(i) Name of the Indian Agent, with their full address, phone/
fax numbers, e-mail id details
(ii) Copy of Indian Agent’s Registration Certificate with RBI
(iii) Copy of your agreement with Indian Agent.
(iv) Nature of services to be rendered by the Indian Agent
(v) Agency commission included in your offer as a % of the quoted
lumpsum price for supply
8.5 Please note that the letter of credit in your favour shall be established by
CPCL after deducting the Indian Agent’s commission. The payment to the
Indian Agent will be made directly by CPCL in equivalent Indian Rupees
(based on foreign exchange rate prevailing on the date of payment to
Vendor) after satisfactory completion of the order. Confirm compliance.
9 INSPECTION AND TESTING
9.1 Inspection and Testing shall be done as per Tender condition. Confirm your
compliance.
10 DELIVERY PERIOD
13.1 Confirm that your offer shall be valid upto 4 Months from the final due date
/ extended due date of the enquiry.
14 GENERAL
14.1 The bidder is required to state whether any of the Directors of bidder is a
relative of any Director of CPCL or the bidder is a firm in which any
Director of CPCL or his relative is a partner.
14.2 Please confirm you have not been banned or delisted by any Government or
Quasi Government agencies or PSUs. If you have been banned or delisted
by any Government or Quasi Government agencies or PSUs, then this fact
must be clearly stated. If this declaration is not furnished, your bid shall be
treated as non-responsive and liable for rejection.
14.3 Indicate the list of item numbers regretted.
14.4 Furnish the reasons for regret.
14.5 Bidder to confirm that bidder’s own terms and conditions stipulated in the
bid including bidder’s own printed terms and conditions of sale, if any,
appearing in the bid shall not be applicable and shall stand deleted. Bidder
to confirm compliance.
14.6 All other terms and conditions shall be as per our GPC (Imports) attached
with the tender documents. Confirm compliance.
14.7 Furnish contact person / address / fax / e-mail / phone number details for
pre-order correspondence.
Name : Designation :
We have received your Terms and Conditions, Instruction to Bidders, GPC, etc., enclosed
with Tender. We confirm acceptance of the same subject to the following deviations:-
NAME : ________________________________
DESIGNATION : _________________________
COMPANY SEAL
DATE
LOADING CRITERIA
In the case vendor takes deviation to payment terms specified in the “Enquiry
conditions” then loading shall be done for the differential payment terms offered by
the vendors at the rate of 9.25% for the relevant period.
Successful bidders shall submit Performance guarantee as called for in the tender.
In case vendor does not accept to furnish PBG as per tender requirement, equivalent
percentage loading shall be done.
In case bidders do not accept the delayed delivery clause or take exception to the %
rate mentioned in Instruction to Suppliers, loading shall be done to the extent of
maximum of 5% of the order value or the differential percentage not agreed by the
vendor.
Vendors to clearly note that no grace period will be permissible for application of this
clause, in the event of delay.
* * * * *
2. ACCEPTANCE OF ORDER
This Order is expressly conditioned on Seller’s acceptance of all the terms and conditions hereof and
constitutes the entire agreement between parties hereto. With the acceptance of the order, Seller waives and
considers as void all his General Sales Conditions. The Seller shall sign, stamp, and date the copies of the
Purchase Order and return the copies to Owner as token of having accepted the Order without reservations
within a week of the date of order.
4. DELAYS OR NON-DELIVERY
Time is the essence of this Order and the completion dates agreed to are binding on the Seller. Goods shall
be delivered in accordance with the Order to such place(s) as is specified therein and at such time(s) as the
Owner shall have notified to the Seller.
If upon receipt of the Order or at any time thereafter it is found that the Supply of goods or material called
for can not be completed within the time specified in the Order, notice thereof must be given immediately by
Fax/Telex/Telegram and confirmed by Registered Mail to Owner together with the best completion date that
can be offered. Failure to deliver the goods or materials on or before the date specified in the Order under
provisions stated in Article 5 without prejudice to any other rights Owner may have as a result thereof. In
such an eventuality, Owner may make other alternate procurement arrangements as may be deemed
necessary or desirable in the circumstances and any additional expenditure incurred by the Owner in
connection therewith shall be reimbursed by the Seller on demand.
5. TERMINATION
Owner may, at any time, terminate any part of the work or all work remaining to be done in connection with
this Order with effect from such dates as Owner may specify upon such terms and conditions as may be
agreed to at the time of such termination. Owner shall have the right to buy at his option and at an agreed
price from the Seller, the cancelled Goods and components and also to recover all materials supplied by
Owner to seller for use on the Order.
In the event of a termination of the Order or part thereof, the seller shall forthwith carry out instruction of
Owner in connection with such termination including the cancellation of sub-orders the Seller may have
placed with others.
Owner and/or his authorised representatives shall have free access to the Seller’s works and those of their
suppliers to examine the materials and fabrication status reached at time of the Order cancellation and to
agree to a reasonable price with the seller.
If cancellation of the Order whether in full or in part is caused by reasons directly attributable to the Seller,
Seller shall agree to reimburse Owner, the extra cost incurred by Owner in procuring the cancelled goods
from other sources.
7. FORCE MAJEURE
Shall mean and be limited to the following:
a) Any War hostilities.
b) Any riot or civil commotion.
c) Any earthquake, flood, tempest, lightning or other natural physical disaster.
d) Any strike, or lock-out (only those exceeding ten (10) continuous days in duration) affecting the
performance of the seller’s obligations.
e) Any restriction imposed by the Government (Central or State) or other Statutory bodies which prevents
or delays the execution of the Order by the Seller.
The Seller shall advise Owner by a registered letter duly certified by Local Chamber of Commerce or
Statutory authorities the beginning and end of the above causes for delay within seven (7) days of occurrence
and cessation of such Force Majeure conditions, in the event of delay lasting over one month, if arising out
of causes of Force Majeure, Owner reserves the right to cancel the Order and provisions governing
termination stated under Article 5 shall apply.
For delays arising out of Force Majeure, the Seller shall not claim extension in completion date for a period
exceeding the period of delay attributable to the causes of Force Majeure and neither Owner nor Seller shall
be liable to pay extra costs provided it is mutually established that Force Majeure condition did actually
exist.
Seller shall categorically specify the extent of Force Majeure conditions prevalent in his works (such as
power restriction etc.) at the time of submitting the bid and whether the same have been taken into
consideration or not in the quotations.
the salaries, fees, travelling, lodging and boarding expenses of Owner’s representatives. The Seller shall
submit to Owner within four weeks from the date of this Order a bar-chart showing start and finish dates for
various activities forming part of the execution of this order and identifying the delivery dates of this activity
schedule. Seller shall update this bar-chart every month showing the actual performance of the activities and
how the delivery date has been affected thereby. Copies of the updated bar-charts will also be submitted to
Owner for review of the progress of the Order.
When deemed advisable by Owner the Order and Seller’s sub-order shall be subject to personal expediting
by Owner’s representatives. Such expediting shall in no way relieve the Seller of the time or delivery
obligations under the terms of the Order. At all reasonable times and places, before, during and after
manufacture, the seller shall grant and provide access to Owner or their representatives to all parts of the
Seller’s works and its sub-Supplier’s works involved in the manufacture or processing of the goods or
materials.
9. GUARANTEE
All goods or materials shall be supplied strictly in accordance with the specifications, drawings, data sheets,
other attachments and conditions stated in the order. No deviations from such specifications or alterations of
these conditions shall be made without Owner’s agreement in writing which must be obtained before any
work against the order is commenced. All materials furnished by the Seller pursuant to this Order
(irrespective of whether engineering, design data or other information has been furnished, reviewed or
approved by Owner) are guaranteed to be of the best quality of their respective kinds (unless otherwise
specifically authorised in writing by Owner) and shall free from faulty design (to the extent such design is
not furnished by Owner) workmanship and materials, and to be of sufficient size and capacity and of proper
materials so as to fulfill in all respects all operation conditions, if any, specified in this order.
If any troubles or defect originating with the design, material, workmanship or operating characteristics, of
any materials arise at any time covering a period of twelve (12) months from the date of the first commercial
operation of the Plant for which the materials supplied under this Order form a part or twenty four (24)
months from the date of last shipment of goods/materials whichever period shall first expire, and the Seller is
notified thereof, Seller shall, at his own expense and as promptly as possible make such alterations, repairs
and replacements as may be necessary to permit the materials to function in accordance with specifications
and to fulfill the foregoing guarantees.
Owner may, at his option remove such defective material, at Seller’s expense in which event Seller shall,
without cost to Owner and as promptly as possible furnish and install proper materials. Repaired or replaced
materials shall be similarly guaranteed for a period of not less than twenty four (24) months from the date of
shipment.
In the event that the materials supplied do not meet the specifications and/or are not in accordance with the
drawings, data sheets or the terms of this order, and rectification is required at site, Owner shall notify the
Seller giving full details of differences. The Seller shall attend the Site within seven (7) days of receipt of
such notice to meet and agree with representative of Owner the action required to correct the deficiency.
Should the Seller fail to attend meeting at Site within the time prescribed above, Owner shall immediately
rectify the work/materials and Seller shall reimburse Owner all costs and expenses incurred in connection
with such trouble or defect.
In the event of any claim or demand being made or action brought against Owner in respect of any of the
aforesaid matters, the Seller shall be notified thereof, immediately and the Seller shall at its own expense
with (if necessary) the assistance of Owner (whose all expenses shall be reimbursed by the Seller) conduct
all negotiations for the settlement of the same and/or any litigation which may arise there-from.
security for the due performance of all the Seller’s liability in terms of and/or in connection with the Order.
This security will be released after the expiry of the period of performance guarantee.
Delay in receiving invoices in the number of copies specified, or errors and omissions or failure or delay in
providing the documents and/or certificates required in the order, or failure to comply with the provisions of
Owner’s invoicing instructions shall be considered just cause for withholding payment without loss of
discount privilege, and any demurrage or wharfage resulting thereby shall be negotiated and borne by seller.
Seller’s invoices and documents shall be strictly in the manner specified in the Order and all banks charges,
if any, shall be to the Seller’s account.
Any costs, damages or expenses for which the Seller is liable under this Order may be deducted from monies
due or becoming due to the Seller or may be recovered by action at law or arbitration pursuant to Article-25.
19. NON-CONFORMANCE
Owner reserves the right to claim damages for use of defective or sub-standard goods supplied by the Seller
irrespective of the fact whether goods were inspected by Owner or not.
20. NON-ASSIGNMENT
The Seller shall act as an independent agency and not as an agent or employee of Owner and the Seller shall
not assign or sub-contract this Order, or any part thereof, or any money to become due hereunder, without
the prior written consent of Owner.
Any such permitted assignment or sub-contracting shall not relieve the Seller of any of its obligations against
this Order.
21. NON-WAIVER
Failure of Owner to insist upon strict performance of any of the terms and conditions incorporated in this
Order, failure to/delayed exercise of any rights detailed herein or failure to properly notify the Seller in the
event of breach of any obligations contained herein, shall not constitute a waiver of any obligation contained
herein. Any waiver, to be effective, must be in writing.
The Seller shall treat as confidential all information (whether written or otherwise) supplied by Owner
hereunder and shall use its best endeavors to ensure that such information is not divulged to any third party
except where necessary for the purpose of performance of this Order by the Seller, of course, with the
consent of Owner. In such cases, seller shall ensure that parties in question undertake a similar obligation of
confidence. This obligation does not apply to information, which, at the time of disclosure, is in the public
domain or is in the Seller’s Lawful Possession without restriction on disclosure.
The Seller shall be required to sign a secrecy agreement for certain propriety items of equipment which will
be specified by Owner.
Scrap: C.S.Plates of maximum width below 225 mm and perimeter below 4000 mm or size below 500 x 500
mm and S.S.Plates of maximum width below 150 mm and perimeter below 2400 mm or size below 300 x
300 mm.
Surplus material: Plates of size higher than size mentioned above.
25.1 If at any time any question, dispute or difference whatsoever shall arise between Owner and the Seller upon
or in relation to or in connection with the Order either party may forthwith give to the other notice in writing
on the existence of such question dispute or difference and the same shall be referred to the adjudication of
two arbitrators, one to be nominated by Owner and the other to be nominated by the Seller or in the case of
the said arbitrators not agreeing then to the adjudication of an Umpire to be appointed by the Arbitrators in
writing before proceeding with the reference. The award of the arbitrators or in the event of their not
agreeing that of the Umpire appointed by them, shall be final and binding on the parties and the provisions of
the Indian Arbitration and conciliation Act, 1996 and the Rules thereunder and any statutory modifications
thereof shall be deemed to apply and be incorporated in the Order. The venue of such arbitration shall be in
Chennai.
25.2Upon every or any such reference, the costs of and incidental to the reference and answer respectively shall
be in the discretion of the arbitrators or of the Umpire as the case may be who may determine the amount
thereof, or direct the same to be taxed as between solicitor and client, or as between party and party, and
shall direct by whom and in what manner the same shall be borne and paid.
Work under the order shall be continued by the Seller during the Arbitration proceedings, unless otherwise
directed in writing by Owner or unless the matter is such that the works cannot possibly be continued until
the decision of the arbitrators or the Umpire, as the case may be, is obtained and save as those which are
otherwise expressly provided in the order, no payment due or payable by Owner shall be withheld on
account of such arbitration proceedings unless it is the subject matter thereof.
30. GENERAL
30.1.1 Except to the extent explicitly state, Seller shall in no event be liable to Owner for consequential or
special damages in connection with the material furnished hereunder. Further, in consideration of the
issuance of this Order, Seller hereby waives and releases any and all claims against Owner arising out of
or in any way connected to with any action or claim made or brought against seller by owner in
connection with the materials furnished hereunder.
30.1.2 Materials delivered in error, or in excess of the quantity called for may, at Owner’s option be returned at
Seller’s expenses.
1. GENERAL
This specification forms an integral part of the purchase order in additions to specification, drawings and
instructions explicitly listed in the Purchase Order. These shall be strictly adhered to. Any loss arising out of
non-compliance (unless authorised differently) shall be to Seller’s account.
2. PACKING
2.1.1 Packing shall withstand hazards normally encountered with the means of transport for the goods of this
Purchase Order including loading/unloading operations both by crane and by pushing off. All
packaging shall be done in such a manner as to reduce volume as much as possible. All packing
materials shall be new and unless otherwise specified, shall be of the packer’s standard.
2.1.2 Fragile articles should be adequately packed with special packing materials depending on type of
materials.
2.2 Chemicals in powder form, catalysts, refractories and like materials etc. shall be packed in drums.
2.3 The hazardous materials shall be packed in accordance with the applicable rules, regulations and tariff of
all cognizant governmental authorities and other governing bodies. It shall be the responsibility of the
seller of hazardous materials to designate the materials as hazardous and to identify each material by its
proper commodity name and its hazardous material class code.
2.4 Pipes shall be packed as under:
a) Below 50 mm dia in wooden cases/crates.
b) 50 mm dia and above but below 100 mm dia in bundles.
c) 100 mm dia and above-loose.
Individual cases/bundles must contain the pipes of same size.
2.5 Pipes/tubes made of stainless steel, copper etc. shall be packed in wooden case irrespective of sizes.
2.6 All delicate surface on equipment/material should be carefully protected and painted with protective
paint/compound and wrapped to prevent rusting and damage.
2.7 All mechanical and electrical equipment and other heavy articles should be securely fastened to the
bottom of the case and shall be blocked and braced to prevent movement and damage.
2.8 All threaded fittings and pipes should be greased and provided with plastic caps.
2.9 Attachments and spare parts of equipments and all small pieces shall be packed separately in wooden
cases with adequate protection inside the case and wherever possible should be sent along with the main
equipment. Each item shall be tagged so as to identify it with the main equipment and part number and
reference number shall be indicated.
2.10 All protrusions shall be suitably protected and openings shall be blocked by wooden/steel covers as may
be required.
2.11 Wherever required equipment/materials shall be packed in polythene bags and silica gel or similar
dehydrating compound shall be put inside the bags to protect them.
2.12 The Seller shall be held liable for all damages or breakages to the goods due to the defective or
insufficient packing as well as for corrosion due to insufficient protection.
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2.13 Detailed packing list in water proof envelope shall be inserted in each package together with
equipment/material. One copy of “Detailed packing list” shall be fastened outside of the package in
waterproof envelope and covered by metal cover. In case of bigger dia pipes and large equipment,
documents contained in the envelope shall be fastened inside with an identifying arrow sign ‘documents’
applied with indelible paint.
2.14 Packaged equipment or materials showing damage, defects or shortages resulting from improper
packaging materials or packing procedures or having concealed damages or shortages at the time of
unpacking shall be subject to rejection and replacement at no additional cost to the buyer.
2. MARKING
3.1 Each package shall be marked on the three sides, with proper paint/indelible waterproof ink as follows:
VIA-Chennai (INDIA)
PURCHASE ORDER NO………….………NET WT………….…….KGS………………..….
GR.WT……………………………..KGS……………….……….….
DIMENSIONS…………………………….X……………………………..X………………..CMS
PACKAGE NO.(Sl. No. Of total packages) viz. 1/25, 2/24 etc.
TAG/ITEM NO………………………….
COUNTRY OF ORIGIN ……………………………..
SELLER NAME ……………………………………….
3.2 A distinctive colour splash in three stripes of green, yellow and red around each package and on corners
of pipes and plates shall be given to facilitate identification.
3.3 Additional Marking such as “Handle with Care”, “This side up”, “Fragile” or any other additional
indications for protection and safe handling shall be added depending on the type of materials. All cases
will bear warning signs on the outside Center of Gravity and Sling Marks.
3.4 Letters, Figures, marks etc. used for marking shall be stencil printed. Handwriting should be avoided as
far as possible. Size of letters shall be optimum for each package dimensions.
3.5 In case of Bundles or other packages wherever marking cannot be stenciled the same shall be embossed
on metal or similar tag wired securely at minimum to convenient points.
4.0 SHIPPING
All shipping must be arranged under deck unless carriage on-deck is unavoidable, in first class direct vessels
registered in countries who are members of International Development Association (World Bank). CPCL
have engaged M/s. Balmer Lawrie & Co. Ltd (A Govt. of India Undertaking), India as their sea cargo
consolidation agent. M/s.Balmer Lawrie have freight forwarders located in various countries in the world.
Shipping arrangements on behalf of CPCL will be made by Seller through these freight forwarders. The
addresses, contact person, phone no., fax no. details of the concerned freight forwarders will be furnished to
the successful bidders in the Purchase Order for finalizing the shipping arrangements.
Adequate notice of not less than 6 weeks about the readiness of the cargo for shipment should be given by
the Seller to the authorized freight forwarder.
4.2.3 As Smalls :
When the materials that are ready do not make up a wagon load by weight/volume for minimum freight
payable for a wagon load, despatch should be effected as “Smalls”.
Vendors should obtain from the Railways, the particulars of Road Van junction, Store Van etc. in which the
smalls have been loaded, station to which sealed, Train No and date/time of movement and transmit same to
Chief Manager (Materials) Chennai Petroleum Corporation Ltd., Manali, Chennai-600068, for monitoring
their movement.
Consignments though of lesser weight, but otherwise constituting a ‘wagon load‘ by volume should be
despatched as “wagaon load” or at the smalls rate whichever is advantageous as per rule 164 or IRCA goods
Tariff Part 1.
When consignments call for wagon(s), indents should be placed with Railway Station concerned after pre-
determining accurately the type and number of wagons required. In case of covered wagons, it should be
ensured that the same are water tight. If a particular type of wagon is in short supply, request should be made
to the Railway Authorities to supply the next suitable type of wagon. Suitable packing in the wagon shall be
done, wherever necessary to ensure maximum safety of the material in transit.
When ODC packages are involved, the vendor shall apply to the railway authorities with loading sketches
showing overall dimensions and the wagon proposed to be utilized sufficiently in advance, for obtaining
movement sanction and to establish firm transportability. Copies of all such correspondence together with
loading sketches should be sent to Chief Manager (Materials), CPCL, Manali, Chennai – 600068.
ODC packages shall be loaded, packed and lashed strictly in accordance with the Railway regulations.
Should there by any delay/difficulty in obtaining the required wagon(s) the vendor shall inform Chief
Manager (Materials) Chennai Petroleum Limited, Manali, Chennai-600068 immediately giving details of the
required number of wagons, type, carrying capacity etc, and indent number so that the matter may be taken
up with Railway Authorities concerned. After despatch, Vendor shall obtain form the Railway Authorities,
particulars of the wagon, train number, date of movement and destination junction for the particular train
and furnish the same to the Chief Manager (Materials) : CPCL , Manali, Chennai – 600068, for follow-up
action on movement as may be necessary.
A) The vendor shall be responsible for despatch of materials through a reliable Bank approved transport
company unless otherwise transport company is named by Owner.
B) The vendor shall ensure with transport company the delivery of materials within a reasonable transit period.
Vendor shall also obtain from transporter, particulars of Lorry No., Transporter’s Challan No., Destination of
lorry (if transshipment is involved), transporter’s Agent at destination if any etc. and intimate same to the
Chief Manager (Materials) Chennai Petroleum Corporation Limited Manali, Chennai – 600068.
5.1 DOCUMENTATION
The over dimension cargo shall mean any package exceeding any of the following limits.
Weight 40 MT
Length 13.716 Meters
Width 2.997 Meters
Height 2.743 Meters
The supplier shall air-mail the shipping documents stated here-in-below as quickly as possible after the
shipment has been made so that the same are received at least two weeks prior to the arrival of vessel at
destination port/consignment at destination.
The supplier shall be fully responsible for any delay and or demurrage that may become payable at
destination port/Railway station on account of delay in transmittal of shipping documents.
Copy of documents to be sent No. of Copies
to Owner, Chennai
Bill of Lading/RR/GR 3
Commercial Invoice 3
Detailed Packing List 3
Freight memo (where applicable) 4
Test Certificate 4
Certificate of Origin 4
Certificate of Measurement & Weight 4
Catalogue and/or drawing -
Final Payment Certificate 2
Note : In addition to the above, complete set of Original documents are required to be sent to Owner
through Bank in terms of Letter of Credit/Purchase Order.
Bill of Lading/RR/GR shall be clean made in favour of Owner or order of the Bank (and not Order of the
shipper)
Commercial Invoices shall, interalia, indicate (i) Import License Number, (ii) Customs contract Registration
reference (to be intimated later) and (iii) Country of Origin. Besides the description in the invoice shall be in
conformity with the Purchase Order and in case of Chemical/hazardous cargo, flash points is indicated in
documents or a separate certificate giving composition and flash point shall be sent.
Packing List must show, apart from other peculiars actual contents in each case, net and gross weights
and dimensions and the total number of packages. In case of pipes and plates in bundles, number of
pipes/plates in each bundle must be indicated.
7.0 ADDRESS
Chennai Petroleum Corporation Ltd., Phone : 25944156
Refinery House Telex : 041-8455 MRL IN
Manali 041-7858 MRL IN
Chennai – 600068 (INDIA) CABLE : MAREFIN
Telefax : 25941247
INDEX
9.INSPECTION-CHECK-TESTING 21.MARKING
10.EXPEDITING 22.SHIPPING
11.MODIFICATIONS 23.DOCUMENTATION
14.NON-ASSIGNMENT 26.HEADINGS
15.NON-WAIVER
DEFINITIONS
1.1.1 PURCHASER: Purchaser means CHENNAI PETROLEUM CORPORATION LIMITED having
its Refinery & Admnistrative Office at Manali, Chennai-600 068, Tamilnadu, India. The term of
Purchaser includes successors and assigns of CHENNAI PETROLEUM CORPORATION
LIMITED.
1.3 VENDOR: Vendor means the person, firm or corporation in which this Purchase Order is
addressed. The term Vendor includes its successors and assigns.
1.4 GOODS: Goods means the machinery, equipment, articles, materials, supplies, drawings, data and
other property and all services including design, delivery, installation, inspection, testing and
commissioning specificed or required to complete the Purchase Order.
2.0 PRICES:
2.1 FIRM PRICE: Vendor shall confirm that quoted prices shall be firm on F.O.B nearest sea port and
subject to no escalation whatsoever till complete execution of order.
2.2 TRANSIT INSURANCE: Prices quoted shall exclude transit insurance charges from F.O.B. Port
of Shipment or by Air as the same shall be arranged by the Purchaser. All transit insurance charges
for inland transit upto FOB Port of Shipment or Airport should be included by the Vendor in their
prices. However, the Vendor shall ensure that in effecting Shipments clear bill of lading are
obtained and the carriers’ responsibility is fully retained on the carriers so that Purchaser’s interests
are fully secured and in no way jeopardized.
3.0 PAYMENT TERMS: Full payment to the Vendor shall be made through an irrevocable “Letter of
Credit” against submission of despatch documents. The Vendor shall furnish a Bank Guarantee in
the enclosed proforma at Appendix -B for Value equivalent to ten percent of Order Value valid for
the warranty period vide Clause13 for covering Warranties and Guarantees and for compensation
for delay for Delayed Deliveries vide Clause7.3 hereof. The Bank Guarantee shall be furnished
alongwith the acceptance of Purchase Order to enable Purchaser to open irrevocable ‘Letter of
Credit’.
4.0 REPEAT ORDER: For any items ordered on the Vendor the Purchaser can place repeat orders for
any additional quantity within a period of six months from the date of the original order at the same
prices, terms and conditions.
5.0 VENDOR’S SALES CONDITIONS: Vendor’s standard sales conditions, if any, shall not be
applicable to the offer and only the Purchaser’s “GENERAL PURCHASE CONDITIONS” shall apply
with the exception of deviations specifically agreed between the Vendor and the Purchaser and brought
out in the Purchase Order.
6.0 IMPORT LICENCE: Relevant particulars of the Import Licence shall be duly indicated in the shipping
documents and invoices as well as on the packages or consignments.
7.1 CONTRACTUAL DELIVERY DATE: Contractual delivery date is date on which goods shall be
delivered FOB Port of Shipment or Airport of exit in accordance with Purchase Order.
7.2 RESPECT FOR DELIVERY DATE: Time of Delivery as mentioned in Purchase Order shall be the
essence of the contract and no variation shall be permitted.
7.3 DELAYED DELIVERY: For any delay in delivery of goods as stipulated in the Purchase Order, the
Vendor shall be liable to pay compensation at 0.5% per week or part thereof of the total FOB value of
the Purchase Order subject to a maximum of 5% of total value of the total contract price.
7.4 CAUSES OF FORCE MAJEURE: Delivery dates will be extended to the Vendor without being
subject to Clause ‘Delayed Delivery’, in the event of cause of force majeure within the contractual
delivery periods, only the following will be considered causes of force majeure:
Acts of God (like Earthquakes, Flood storms etc.) act of States, the direct and indirect consequence of
wars (declared or undeclared) hostilities, national emergencies, civil commotions and strikes (only those
which exceed duration of ten continuous days) of Vendor’s complete factory. The Vendor shall
immediately inform the Purchaser and the Consultant by registered and detailed letter supported by
documentary proof at the beginning and end of all such impediments. It is understood that delivery
dates will be extended only for the duration of the above mentioned impediments.
8.0 DELAYS AND NON-CONFORMANCE: In case of delivery schedule not being adhered to in
progressing the manufacture of supply, the Purchaser has the right to:
i) Cancel the order wholly or in part-without any liability to Cancellation charges and procure the goods
elsewhere, in which case the Vendor shall make good the difference between the cost of goods procured
elsewhere and price set forth in the order with the Vendor.
ii) Hire for the period of delay the goods meeting the specification from elsewhere at Vendor’s cost. In the
event of rejection of non-conforming goods the Vendor shall be allowed to correct the non-conformities
without extension of delivery period. If Vendor fails to do so within the stipulated time, the Purchaser
shall have the right to take recourse to (i) and (ii) above.
The fact of goods having been inspected by the Purchaser or his representative before receipt at
destination shall not affect the Purchaser’s rights to reject non-conforming goods in any way. Besides
the Purchaser shall have the right to recover actual expenses incurred by Purchaser in installing and
removing the non-conforming goods.
The Vendor will have to provide free access to Inspectors during normal working hours at Vendor’s or
its sub-Vendor’s works and place at their disposal all useful means of performing, checking, marking,
testing, inspecting and final stamping.
9.0 EXPEDITING: Purchaser/Purchaser’s representative have been assigned to expedite both manufacture
and shipment of equipment and materials covered by the Purchase Order. The Purchaser/Purchaser’s
representatives shall have free access to Vendor’s shop and/or sub-Vendor’s shop at any time and they
shall be provided all necessary assistance and information to help them perform their job.
10.0MODIFICATIONS: The Purchaser shall have the right to make technical changes or modifications on
the technical documents/specifications comprised in the Purchase Order. The Vendor shall comply with
such a written request or make alternative suggestion. Any such changes or modifications shall be at the
cost; if any, of the Owner. After receipt of the written request for changes, the Vendor shall furnish in
writing to the Purchaser within 15 days an estimate of cost for changes and modifications and effect on
the FOB delivery date. On receipt of Purchaser’s authorization, the Vendor shall promptly proceed with
the changes/modifications.
11.0CANCELLATION: The Purchaser reserves the right to cancel the Purchase Order or any part thereof
and shall be entitled to rescind the contract wholly or in part in a written notice to the Vendor if;
i) The Vendor fails to comply with the terms of the Purchase Order.
ii) The Vendor fails to deliver goods on time and/or to replace the rejected goods promptly.
iii) The Vendor becomes bankrupt or goes into liquidation.
iv) The Vendor makes a general assignment for the benefit or creditors, and
v) A receiver is appointed for any of the property owned by the Vendor.
Upon receipt of the said, cancellation notice the Vendor shall discontinue all work on the Purchase Order and
matters connected with it.
The Purchaser in that event will be entitled to procure the requirements in the open market and recover
excess payment over the Vendor’s agreed price, if any, from the Vendor reserving to itself the right to
forfeit the security deposit, if any, placed by the Vendor against the contract.
13.0 WARRANTIES/GUARANTEES: The Vendor shall warrant that the goods shall give required
operational performance, shall be suitable for the service indented and be of the quality specified or the
best grade in case no quality is specified.
The goods shall be guaranteed against any defect in design, materials, workmanship and performance for a
period of 24 months from the date of last shipment or 12 months from the date of commissioning
whichever is earlier.
Should any defects develop within the Guarantee/Warrantee period, the same shall be remedied or the goods
shall be replaced free of charge. All expenses incurred including those on transportation, customs duties
and other miscellaneous charges incurred in respect of clearance shall be borne by the Vendor.
14.0 NON-ASSIGNMENT: Any assignment of the Purchase Order or of any of the rights hereunder in any
manner or under any certificate by operation of the law or otherwise shall be void without the prior
written consent of the Purchaser.
15.0NON-WAIVER: Failure of the Purchaser/Purchaser’s representative to insist upon any of the terms or
conditions incorporated in the Purchase Order or failure or delay to exercise any rights or remedies
herein or by law-or failure to properly notify Vendor in the event of breach, or the acceptance of
payment for any goods hereunder or approval of design shall not release the Vendor and shall not be
deemed waiver of any right of the Purchaser/Purchaser’s representatives to insist upon for the strict
performance thereof or any of his or their rights or remedies as to any goods regardless of when goods
are shipped, received or accepted nor shall any purported oral modification or revision of the order by
Purchase/Purchaser’s representatives act as waiver of the terms hereof.
18.0WEIGHTS AND MEASUREMENTS: The Shipping Documents, Invoices, Packing Lists and all other
relevent documents shall contain the same units of weight and measurements as given in the Purchase
Order.
19.0ARBITRATION: Any dispute of difference between the Vendor and the Purchaser of any kind
whatsoever arising at any time or stage whatsoever arising out of in connection with or incidental to the
Purchase Order, including any dispute or difference regarding interpretation of terms and conditions or
any clause thereof shall be referred to arbitration under the rules of International Chamber of Commerce
in Paris. The venue of such arbitration shall be Chennai, Tamilnadu State, India. The Indian Law shall
apply.
20.0PACKING:
20.1 All goods shall be suitably packed in weather proof sea worthy packing for ocean transport under
the tropical conditions.
20.2All delicate surface of equipment/material should be carefully protected and painted with protective
paint/compound and wrapped to prevent rusting and damage.
20.3All mechanical and electrical equipment and other heavy articles should be securely fastened to the
bottom of the case and shall be blocked and braced to prevent movement.
20.4All threaded fittings and pipes should be greased and provided with plastic caps.
20.5Attachments and spare parts of equipments and all small pieces shall be packed separately in wooden
cases with adequate protection inside the case and wherever possible should be sent alongwith the main
equipment. Each item shall be tagged so as to identify it with the main equipment and part number and
reference number shall be indicated.
20.6All protrusions shall be suitably protected and openings shall be blocked by wooden covers.
20.7Where required equipment/materials shall be packed in polyethylene bags and silicagel similar
dehydrating compound shall be put inside the bags to protect them.
20.8Pipe/tubes made of stainless steel, copper etc. shall be packed in wooden cases irrespective of sizes.
20.9.2 Detailed packing list in water proof envelope shall be inserted in each package together with
equipment/materials. One copy of “Detailed Packing List” shall be fastened outside of the package
in waterproof envelope and covered by metal cover.
21.0MARKING
21.1 Each package shall be marked on the three sides, with proper pain/indelible waterproof ink as
follows:
SHIPPER’S NAME : GOVERNMENT OF INDIA
CONSIGNEE : CHENNAI PETROLEUM CORPORATION LIMITED
MANALI, CHENNAI-600 068,
TAMILNADU STATE, INDIA.
PURCHASE ORDER NO. . . . . . .
NET WT. . . . . . . KGS./MT. GROSS WT. . . . . . . KGS./MT.
DIMENSIONS. . . . . . X. . . . . . . . . X. . . . . . . CMS.
PACKAGE NO. (Sl. No. of total Packages)
TAG/ITEM NO. . . . . . . .
COUNTRY OF ORIGIN . . . . . . .
21.2 Additional marking such as ‘handle with care’, ‘this side up’, ‘fragile’ or any other additional
indications for protection and safe handling shall be added depending on the type of materials. All
cases will bear warning signs on the outside denoting Center of Gravity and Sling Marks.
21.3 Letter figures, marks etc. used for making shall be stencil printed Hand writing should be avoided
as far as possible. Size of letters shall be optimum for each package dimensions.
21.4 In case of Bundles or other packages wherever marking can not be stenciled the same shall be
embossed on metal or similar tag and wired securely at minimum two convenient points.
22.0 SHIPPING
22.1 The shipping must be arranged under deck unless carriage on-deck is unavoidable, infirst class
vessel registered in countries who are members of International Development Association (World
Bank). CPCL have engaged M/s Balmer Lawrie & Co Ltd, India (A Govt. of India Undertaking),
as their sea cargo consolidation agent. M/s Balmer Lawrie have freight forwarders located in
various countries in the world. Shipping arrangement on behalf of CPCL will be made by Seller
through these freight forwarders. The address, contact person, phone no., fax no. details of the
concerned freight forwarders will be furnished to the successful bidders in the Purchase order for
finalizing the shipping arrangements
Adequate notice of not less than 6 weeks about the readiness of the cargo for shipment should be
given by the seller to the authorised freight forwarder.
23.0 DOCUMENTATION
23.4 BILL OF LADING: Bill of Lading shall be ‘Clean on Board’ Ocean Bill of Lading made in favour
of CHENNAI PETROLEUM CORPORATION LIMITED.
24.0 SHIPPING ADVICE: Within 24 hours after shipment, the supplier shall send shipping advice by
way of Fax to +91 44 5941247
SENIOR MANAGER (PURCHASE)
CHENNAI PETROLEUM CORPORATION LIMITED
MATERIALS MANAGEMENT DEPARTMENT
MANALI, CHENNAI-600 068, INDIA.
giving particulars of the shipment, Vessel’s Name, Port of Shipment, Bill of Lading Number and
date, content in brief, Purchase Order Number, Total of FOB and Freight values number of
packages and total gross weight.
25.0 TECHNICAL INFORMATION: Drawings, Specifications and details shall be the property of the
Purchaser and shall be returned by the Vendor on demand. The Vendor shall not make use of
drawings and specifications for any purpose at any time, stage and except for the purpose of the
Purchase. The Vendor shall not disclose the technical information furnished to or gained by the
Vendor under or virtue of or as a result of the implementation of this Purchase Order to any
person, firm or body or that technical information is kept CONFIDENTIAL. The technical
information imparted and supplied to the Vendor by the Purchaser shall be all terms remain the
absolute property of the Purchaser.
26.0 HEADINGS: The heading of the conditions hereof shall not affect construction thereof.
27.0 ADDRESS:
CHENNAI PETROLEUM CORPORATION LIMITED
REFINERY HOUSE, MANALI,
CHENNAI-600 068
“ATTN: DEPUTY GENERAL MANAGER (MATERIALS)”
PHONE: +91 044 25941213 / 25944217 TELEFAX:+91 044 25941247
ii. Micro & Small Enterprises (MSE) registered with agencies (as mentioned
later in this tender in the Chapter on 'Tender Conditions for
Benefits/Preference for MSEs').
I. 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.
a. District Industries Centers (DIC)
b. Khadi and Village Industries Commission (KVIC)
c. Khadi and Village IndustriesBoard
d. Coir Board
e. National Small Industries Corporation (NSIC)
NIT :NO: MMD/G/C03H/SMS/024/18-19
Material : Supply, Installation & Commissioning of Stack Monitoring System with Shelters & HVACs Page 62 of 99
Chennai Petroleum Corporation Ltd., Manali, Chennai-600068.
III. The registration certificate issued from any one of the above agencies must
be valid as on the date of opening of the tender. The successful bidder
should ensure that the same is valid till the end of the contract period.
The MSEs who have applied for registration or renewal of registration with
any of the above agencies I bodies, but have not obtained the valid
certificate as on close date of the tender, are not eligible for
exemption/preference.
IV. The MSEs registered with above mentioned agencies I bodies are exempted
from payment of Earnest Money Deposit (EMD) irrespective of the items for
which they are registered with the said agencies I bodies.
VI. Out of the twenty five percent total quantity from micro and small
enterprises four percent 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
percent sub-target so earmarked shall be met from other MSEs.
VII. 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 paragraph (I) 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.
NIT :NO: MMD/G/C03H/SMS/024/18-19
Material : Supply, Installation & Commissioning of Stack Monitoring System with Shelters & HVACs Page 63 of 99
Chennai Petroleum Corporation Ltd., Manali, Chennai-600068.
VIII. Out of the twenty five percent total quantity from micro and small
enterprises three percent shall be earmarked for procurement from
Women owned MSEs. In the event of failure of such MSEs to participate in
the tender process or meet the tender requirements and L1 price, three
percent sub-target so earmarked shall be met from other MSEs.
IX. MSEs must register with UDYOG Aadhaar. A copy of Udyog Aadhar
Registration copy
may be submitted along with the offer.
X. MSEs who are availing benefits of the PP Policy, must also get themselves
registered with MSME Data Bank, being operated by NSIC, under SME division,
M/o MSME, in order to create proper data base of MSEs which are making
supplies to CPSUs.
1. Definition: -
1.2 Purchase Preference: Where the quoted price is within 10% of the
lowest price, other things being equal, purchase preference may be
granted to the bidder concerned, at the lowest valid price bid.
2. Scope
2.1 This policy benefit shall exclude goods/services falling under Micro, Small
and Medium Enterprises (MSME) (PPP-2012) or Domestically
Manufactured Electronic Products (DMEP), as those products/services
are already covered under specific policy. The bidder shall declare
their preference for seeking benefit under PP-LC or MSME or DMEP.
2.2 In case a bidder opts for Purchase preference based on PP-LC, the bidder
shall not be entitled to claim purchase benefit available to MSE Bidders as
applicable to MSE bidder under PPP-2012.
However, the exemption from furnishing Bidding document fee and Bid
security shall continue to be available to MSE Bidders.
a. While evaluating a particular bid, bidder's option (to avail any one out of
two applicable purchase preference policies i.e. PP-LC-2017 or PPP-2012)
will be considered, for price matching opportunities and distribution of
quantities among bidders, the precedence shall be in the following
order:-
Divisible item
L1 bidder is non MSE, Non PP-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
For further clarification, in case an item has quantity 4 nos. then 1 no.
can be given to MSE bidder, 2 to PP-LC bidder and left out 01 no. to
natural L1 bidder
4. Determination of LC
4.1 LC of Goods
4.1.1 LC of goods shall be computed on the basis of the cost of domestic
components in goods, compared to the whole cost of product. The whole
cost of product shall be constituted of the cost spent for the production of
goods, covering: direct component (material) cost direct manpower cost,
factory overhead cost and shall exclude profit, company overhead cost and
taxes for the delivery of goods.
4.1.2 The criteria for determination of the local content cost in the goods
shall be as follows:
a) In the case of direct component (materiel), based on country of origin;
b) In the case of manpower, based on INR component; and
c) In the case of working equipment/facility, based on the country of
origin.
b. LC of service
4.2.1 LC of Service shall be calculated on the basis of the ratio of
service cost of domestic component in service to the total cost of
service.
ii. The total cost of service shall be constituted of the cost spent for rendering of
service, covering:
4.2.3 The criteria for determination of cost of local content in the service
shall be as follows:
4.3.2 The whole combined cost of goods and services shall be the
cost spent to produce the combination of goods and services, which is
incurred on work site. LC of the combination of goods and services shall
be counted in every activity of the combination work of goods and
services.
However, in case the procuring company has any reason to doubt the
authenticity of the Local Content, it reseNes the right to obtain the
complete back up calculations before award of work failing which the bid
shall be rejected.
5.3 However, procuring company shall also have the authority to audit
as well as witness production processes to certify the achievement of the
requisite local content and/or to obtain the complete back up calculation
before award of work failing which the bid shall be rejected and
appropriate action may be initiated against the bidder.
5.4 The Local Content certificate shall be submitted along with each
invoice raised. However, the % of local content may vary with each invoice
while maintaining the overall % of local content for the total
work/purchase of the pro-rata local content requirement. In case, it is
not satisfied cumulatively in the invoices raised up to that stage, the
supplier shall indicate how the local content requirement would be
met in the subsequent stages.
5.5 As regards cases where currency quoted by the bidder is other than
Indian Rupee, exchange rate prevailing on the date of notice inviting tender
(NIT) shall be considered for the calculation of Local Content.
6. Sanctions
6.1 The Procuring companies shall impose sanction on
manufacturers/service providers not fulfilling LC of goods/services in
accordance with the value mentioned in certificate of LC.
6.4 The financial penalty shall be over and above the PBG value
prescribed in the contract and shall not be more than an amount equal to
10% of the Contract Price.
Annexure-1
CALCULATION OF LOCAL CONTENT- GOODS
Manufacturer ICalculation of Manufacturer
Cost per one unit of product
Cost %Domes
Cost Cost
(Imported tic
Cost Component (Domestic
Component)
Total
Compone
Component) a c=a+b
b nt)
i)Direct Material d= a/c
Cost
ii)Direct Labour
Cost
iii) Factory
overhead
iv)Total
production cost
Note: % LC Goods= (Total cost (iv c)- Total imported component cost)
x l OO
Total Cost (iv c)
% LC Goods = (Total domestic component cost (iv a)) x 100
Total Cost (iv c)
CALCULATION OF LOCAL CONTENT- SERVICE
NAME OF PROVIDER OF SERVICE
Cost summary
Imported INR/
Domestic INR / US Total LC%
A Cost Component US$
$
b c d e= f=
b/d d*
i Material used cost INR/US$
e
i Personnel &
INR/US$
i consultant cost
i Other service cost INR/US$
i
ii
Total cost (I to iii) INR/US$
v
Local Local
Cost Domesti Imported
Total Component Component
c (Rs/US $)
A Component % (Rs / US $)
(Rs/US $)
b c d e = b/d f = d*e
i GOODS
1 Material Used
2 Equipment
(Authorized signatory of
Supplier)
(Authorized signatory of
Supplier)
OR
We hereby certify that offer is achieving the minimum local content target as
per of PP -LC Policy. .,
ii. Any one of the partners and an independent Chartered Accountant, not
being an employee of the firm, in case of a partnership firm.
1
2
3
4
(D) DOMESTICALLY MANUFACTURED ELECTRONIC PRODUCTS (DMEP)
Domestic
Value
Manufacturer Addition in
Country
Item Item / Supplier Percentage
of Value
No. Description (To be filled of Quoted
Origin
in by Bidder) Rate (To be
filled in by
Bidder)
(A) Definition
(B) Exclusions:
1. Value addition shall be the difference between the net selling price
and the landed cost of imported input steel (of immediate prior
process) at a manufacturing plant in India.
b. Using only imported input steel, the following formula shall apply
to calculate the percentage of domestic value-addition:
(F) Self-Certification
1. Each domestic manufacturer shall furnish the Affidavit of self-
certification to the procuring Government agency declaring that the
iron & steel products are domestically manufactured in terms of the
domestic value addition prescribed. The bidders who are sole selling
agents/authorized distributors/authorized dealers / authorized supply
houses of the domestic manufacturers of iron & steel products are
eligible to bid on behalf of domestic manufacturers under the policy.
The bidder shall furnish the Affidavit of self certification issued by the
domestic manufacturer to the procuring agency declaring that the
iron & steel products are domestically manufactured in terms of the
domestic value addition prescribed. The Affidavit of self-certification
shall be furnished in Form 1 attached to these guidelines.
Form-1
That I will agree to abide by the terms and conditions of the policy of
Government of India issued vide Notification No.
____________________________________
That the domestic value addition for all inputs which constitute the said iron
& steel products has been verified by me and I am responsible for the
correctness of the claims made therein.
That in the event of the domestic value addition of the product mentioned
herein is found to be incorrect and not meeting the prescribed value-addition
criteria, based on the assessment of procuring agency (ies) for the purpose of
assessing the domestic value addition, I will be disqualified from any
Government tender for a period of 36 months. In addition, I will bear all costs
of such an assessment.
That I have complied with all conditions referred to in the Notification No.
_ wherein preference to domestically manufactured iron & steel products in
Government procurement is provided and that the procuring agency (ies) is
hereby authorized to forfeit and my EMD. I also undertake to pay the
assessment cost and pay all penalties as specified in the tender document.
ix. List and total cost of input steel which are domestically sourced.
x. Please attach value addition certificates from suppliers, if the input is not
in-house.
xi. For imported input steel, landed cost at Indian port with break-up of
CIF value, duties
xii. & taxes, port handling charges and inland freight cost.
Appendix A
Inputs Minimum
Sl. Iron & Steel
Imported or Value
No Products
Domestic) Addition
Pig Iron I Liquid
1 Ductile Iron Pipe 15%
Iron
HR Coils, strips,
4 Slab 15%
sheets & plates
HR universal/Quarto
5 Slab 15.%
Plates
Dear Sirs,
The General Tender Notice provides that the tenderer shall along with his tender pay a
sum of Rs__________ (Rupees ___________________________________________)
as Earnest Money Deposit, in the form therein mentioned. The form of payment of
earnest money deposit includes guarantee executed by a scheduled bank, undertaking
full responsibility to indemnify Chennai Petroleum Corporation Limited in case of
default. The said ________________ has approached us and at their request and in
consideration of the promises, we ____________________ having our office at
___________________ have agreed to give such guarantee as hereinafter mentioned.
1. We ______________ hereby agree with you that if default shall be made by Messrs
________________ in observing or performing any of the terms and conditions of the
tender, given by them or in payment of any money payable to you under the terms of
the tender, we shall, on demand, pay to you in such manner as you may direct, the said
amount of Rupees ___________ only or such portion thereof not exceeding the said
sum as you may from time to time require.
2. You will have the full liberty without reference to us and without affecting this
guarantee, to postpone for any time or from time to time the exercise of any of the
powers and rights conferred on you under the tender given by the said __________ and
to enforce or to forbear from enforcing any powers or rights or by reason of time being
given to the said ___________ which under law relating to the sureties would but for
the provision have the effect of relating 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 fact that any
dispute or disputes have been raised by the said Messrs __________________ 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 and operative
until payment of all moneys, due to you in respect of such liability or liabilities is
made.
a) Our liability under this bank guarantee shall not exceed Rs._______ (Rupees
__________________________)
b) This guarantee shall be valid upto ________________ and
c) We are liable to pay the guaranteed amount or any part thereof under this bank
guarantee only and only if you serve upon us a written claim or demand on or before
________________
6. We have power to issue this guarantee in your favour under our Memorandum and
Articles of Association and the undersigned has full power to do the Power of Attorney
dated _____________ granted to him by the Bank.
Yours faithfully,
______________ Bank, by its Constituted Attorney
AND WHEREAS it is one of the terms of the said Contract that the Contractor shall
furnish to the Owner a Guarantee of a bank which shall be for 10% of the value of the
contract and shall be valid for the duration of supply of the work covered by the said
Contract and period of defects/liability in respect of the said work.
AND WHEREAS the Bank, at the request of the contractor, agreed to give in favour of
the owner a Guarantee in manner hereinafter appearing, which the owner has agreed to
accept.
2. This guarantee is a continuing guarantee and not revocable except with the previous
written consent of the Owner and same as aforesaid it will continue in force until the
Contractor has maintained the schedule of delivery of the said work under the said
Contract and observed and fulfilled the said performance warranty and all other terms
and conditions of the said Contract.
3. The Owner may, without affecting Bank’s liabilities and obligations hereunder, grant
time or other indulgence to or compound with the Contractor or enter into any
agreement or agree to forbear to enforce any of the terms and conditions of the said
contract against the Contractor or agree to vary any of the terms and conditions of the
said Contract.
4. This guarantee shall not be affected by any change in the constitution of the owner by
absorption with any other Body or Corporation or otherwise and this Guarantee will be
available to or enforceable by such Body or Corporation.
5. All compositions and payments received by the Owner from or on behalf of the
Contractor shall be regarded as payments in gross and in the event of the Contractor
being wound-up, the owner will be entitled to prove against the properties of the
Contractor in respect of the whole of the Contractor’s. Indebtedness to the Owner,
without any right on the part of the Bank to stand in the Owner’s place in respect of or
to claim the benefits of such composition and payment of any security held by the
owner until the Owner shall be received the full amount of the claims against the
Contractor.
6. In order to give effect to this Guarantee the owner will be entitled to act as if the Bank
were the Principal debtor and the bank hereby waives all and any of its rights of surety
ship.
8. This Guarantee shall be in addition to and not in substitution for any other Guarantee
or security for the contractor gave or to be given to the Owner in respect of the said
contract by the bank (whether alone or jointly with others).
9. This Guarantee will be valid up to a period of ________ months from the date of
contract / commissioning / date of dispatch of materials.
10. Unless demand or claim under this guarantee is made within six months from the date
of expiry of this Guarantee, all the right of the Owner hereunder shall be forfeited and
the Bank shall be relieved and discharged of all liabilities hereunder.
11. Any notice by way of request, demand or otherwise hereunder may be sent by Post to
the Bank addressed as aforesaid and if sent by post, it shall be deemed to have been
given at the time when it would be delivered in due course of Post and in proving such
notice, when given by post, it shall be sufficient to prove that the envelope containing
the notice was posted and Certificate signed by an Officer of the Owner that the
envelope was so posted shall be conclusive.
12. These present shall be governed by and construed in accordance with Indian Law.
13. The bank hereby declares that it has the power to issue this Guarantee and under
signed has full power to do so.
“IN WITNESS WHEREOF THE BANK HAS EXECUTED THESE PRESENT THE
DAY AND YEAR FIRST ABOVE WRITTEN”SIGNED AND DELIVERED ON
BEHALF OF THE ABOVE
NAMED………………………………………………………….
This Cell will examine the grievances and put up its recommendations to the concerned
Functional Director, who will be the Grievance Officer.
Grievances regarding the Notice Inviting Tender (Challenging the condition of tender)
shall be submitted to the Co-ordinator within three working days from the last date of
sale of tender documents. The grievances received later than three working days will not
be entertained. Grievances regarding the tender process (other than NIT related
grievances) shall be submitted to the Co-ordinator before the price bid opening.
The decision taken by the Grievance Officer will thereafter be communicated to the
aggrieved party, in writing, by the Co-ordinator of the Grievance Redressal Cell.
In case the Tendering Party is not satisfied with the decision of the Grievance Officer, he
will have the right of appeal against the Orders of the Grievance Officer. This Appeal
will be considered and disposed of by a Committee of Functional Directors of the
Company. The Tendering Party shall file his Appeal before the Co-ordinator of the
Grievance Redressal Cell.”
Ref: Dated:
To
-------------------------------------------------
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Dear Sir
Chennai Petroleum Corporation Limited (CPCL) hereby declares that CPCL has signed a
Memorandum of Undertaking (MoU) dated March 24, 2009 with Transparency International
India for the adoption of the Integrity Pact Program and stands committed to following the
principles of transparency, equity and competitiveness in public procurement. The said MoU
can be accessed at the CPCL website, i.e., http://www.cpcl.co.in/integrity-pact/MoU.pdf
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the
Bidder will sign the Integrity Agreement, which is an integral part of tender documents, failing
which the tenderer/bidder will stand disqualified from the tendering process and the bid of the
bidder would be summarily rejected.
The Covering Letter and IP agreement formats which shall be signed by the bidders &
submitted in the Mandatory Part are kept in Part-A (Technical Bid).
This Declaration shall form part and parcel of the Integrity Agreement and signing of the same
shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the
Corporation / Company.
Yours faithfully,
for and on behalf of CPCL
Ref: Dated:
To
------------------------------------------------
------------------------------------------------
Dear Sir
The Bidder acknowledges that Chennai Petroleum Corporation Limited (CPCL) has signed the
MOU with Transparency International India for the adoption of the Integrity Pact Program and
stands committed to following the principles thereof as enumerated in the Integrity Agreement
enclosed with the tender document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part of
tender documents, failing which the tenderer will stand disqualified from the tendering process. The
Bidder acknowledges that the Bid would be kept open in its original form without variation or
modification for a period of ________ days (state the number of days from the last date for the
receipt of tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE REGARDED
AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit and
further agrees that execution of the said Integrity Agreement shall be separate and distinct from the
main contract, which will come into existence when bid is finally accepted by CPCL. The Bidder
acknowledges and accepts the duration of the Integrity Agreement, which shall be in line with
Article 8 of the enclosed Integrity Agreement.
Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity
Agreement, while submitting the Bid, CPCL shall have unqualified, absolute and unfettered right to
disqualify the tenderer and reject the Bid in accordance with the terms and conditions of the tender.
Yours faithfully,
(Duly authorized Signatory of the Bidder)
(Note - One copy of this letter along with the Integrity Agreement duly signed must be returned
along with Part A of offer)
INTEGRITY PACT
BETWEEN
AND
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for
………………………… . The Principal values full compliance with all relevant laws and
regulations, and the principles of economic use of resources, and of fairness and transparency in its
relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal will appoint an external independent Monitor who will
monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: -
2. The Principal will, during the tender process treat all Bidders with equity and reason. The
Principal will in particular, before and during the tender process,
provide to all Bidders the same information and will not provide to any Bidder confidential
/ additional information through which the Bidder could obtain an advantage in relation to the
tender process or the contract execution.
3. The Principal will exclude from the process all known prejudiced persons.
2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the IPC / PC Act, or if there be a substantive suspicion in this regard, the
Principal will inform its Chief Vigilance Officer and in addition can initiate disciplinary
actions.
(1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption.
He commits himself to observe the following principles during his participation in the tender
process and during the contract execution.
1. The Bidder / Contractor will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or immaterial benefit which he /
she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement
or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
3. The Bidder / Contractor will not commit any offence under the IPC / PC Act; further the
Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or
pass on to others, any information or document provided by the Principal as part of the business
relationship, regarding plans, technical proposals and business details, including information
contained or transmitted electronically.
4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he has
made, is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
The Bidder / Contractor will not instigate third persons to commit offences outlined above or be
an accessory to such offences.
If the Bidder, before award of contract has committed a transgression through a violation of
Section 2 or in any other form such as to put his reliability or credibility as Bidder into
question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract, if already signed, for such reason.
(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2 such
as to put his reliability or credibility into question, the Principal is entitled also to exclude the
Bidder / Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be
determined by the circumstances of the case, in particular the number of transgressions, the
position of the transgressors within the company hierarchy of the Bidder and the amount of the
damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
(2) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort
to and impose such exclusion and further accepts and undertakes not to challenge or question
such exclusion on any ground, including the lack of any hearing before the decision to resort to
such exclusion is taken. This undertaking is given freely and after obtaining independent legal
advice.
(3) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal may revoke the
exclusion prematurely.
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according
to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated
damages equivalent to 3% of the value of the offer or the amount equivalent to Earnest Money
Deposit / Bid Security, whichever is higher.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled
to terminate the contract according to Section 3, the Principal shall be entitled to demand and
recover from the Contractor liquidated damages equivalent to 5% of the contract value or the
amount equivalent to Security Deposit / Performance Bank Guarantee, whichever is higher.
(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only
to condition that if the Bidder / Contractor can prove and establish that the exclusion of the
Bidder from the tender process or the termination of the contract after the contract award has
caused no damage or less damage than the amount of the liquidated damages, the Bidder /
Contractor shall compensate the Principal only to the extent of the damage in the amount
proved.
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other
Company in any country conforming to or with any other Public Section Enterprise in India
that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason.
(1) The Bidder / Contractor undertakes to demand from all sub-contractors a commitment in
conformity with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Contractors and Sub-Contractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this pact or
violate its provisions.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently.
(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The Contractor will
also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Sub-contractors.
The Monitor is under contractual obligation to treat the information and documents of the
Bidder / Contractor / Sub-contractor with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option
to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or to take
other relevant action. The Monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the CEO of the Principal within 8 to 10 weeks from
the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise,
submit proposals for correcting problematic situations.
(7) Monitor shall be entitled to Sitting Fee being extended to Independent Directors as prevailing
with Principal.
(8) If the Monitor has reported to the CEO of the Principal substantiated suspicion of an offence
under the IPC / PC Act and the CEO has not, within reasonable time, taken visible action to
proceed against such offence or reported to the Chief Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner, Government of India.
(9) The word ‘Monitor’ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months
after the last payment under the respective contract, and for all other Bidders 6 months after the
contract has been awarded.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by the
CEO of the Principal.
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Chennai.
(2) Changes and supplements as well as termination notice need to be made in writing. Side
agreements have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners
or consortium members.
(4) Should one or several provision of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
--------------------------------- ---------------------------------
For the Principal For the Bidder / Contractor
(Office Seal) (Office Seal)
Place: ____________
Date: ____________
WITNESS 1
(Name and Address)
WITNESS 2
(Name and Address)