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INDIAN OIL CORPORATION LIMITED MARKETING DIVISION Tender No. : RCC/ERO/37/2018-19/LT-13 PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO 1 TECHNICAL / COMMERCIAL BID TENDER No.: RCC/ERO/37/2018-19/LT-13 For PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO Indian Oil Corporation Limited (MD) Eastern Regional Office Indian Oil Bhavan 9 th Floor (Central Wing) 2 Gariahat Road (South), Dhakuria, Kolkata-700 068 GSTIN OF VARIOUS STATES 1. ASSAM- 18AAACI1681G1ZO 2. NAGALAND-13AAACI1681G1ZY 3. MANIPUR-14AAACI1681G2ZV 4. MIZORAM- 15AAACI1681G1ZU 5. TRIPURA- 16AAACI1681G1ZS 6. ARUNACHAL PRADESH-12AAACI1681G1Z0

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Page 1: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

1

TECHNICAL / COMMERCIAL BID

TENDER No.: RCC/ERO/37/2018-19/LT-13

For

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

Indian Oil Corporation Limited (MD) Eastern Regional Office

Indian Oil Bhavan 9th Floor (Central Wing)

2 Gariahat Road (South), Dhakuria, Kolkata-700 068

GSTIN OF VARIOUS STATES 1. ASSAM- 18AAACI1681G1ZO

2. NAGALAND-13AAACI1681G1ZY

3. MANIPUR-14AAACI1681G2ZV

4. MIZORAM- 15AAACI1681G1ZU

5. TRIPURA- 16AAACI1681G1ZS

6. ARUNACHAL PRADESH-12AAACI1681G1Z0

Page 2: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

2

7. INDEX

SR. NO.

DESCRIPTION

1. NOTICE INVITING e-TENDER

2. PRE QUALIFICATION CRITERIA FOR QUALIFYING TENDERER

3. TECHNICAL SPECIFICATIONS

4. TENDER EVALUATION CRITERIA

5. CHECK LIST

6. PARTICULARS OF & EARNEST MONEY DEPOSIT

7. DELIVERY SCHEDULE - TAMPER EVIDENT SEALS

8. GENERAL INSTRUCTIONS TO BIDDERS (GITB)

9. SPECIAL INSTRUCTIONS TO THE BIDDER (SITB) FOR PATTICIPATING IN E-TENDER

10. UNDERTAKING BY THE TENDERER

11. STATEMENT OF CREDENTIALS

12. GENERAL TERMS AND CONDITIONS

13. SPECIAL TERMS AND CONDITIONS

14. DETAILS WHICH SHOULD ACCOMPANY THE QUOTATION AGAINST OUR TENDER

15. DETAILS OF FIRM’S ADDRESS AND INSTALLED CAPACITY OF TAMPER EVIDENT SEALS

16. DETAILS ON THE RELATIONSHIP WITH IOC’S DIRECTORS – Declaration – A,B,C,D & List of Relatives

(Part –A, B &C)

17. PERFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

18. PERFORMA OF UNDERTAKING OF NON TAMPERING OF DATA

19. PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT

20. PROFORMA OF PERFORMANCE BANK GUARANTEE

21 AGREEMENT FOR SUPPLY OF TAMPER EVIDENT SEALS

22. ANNEXURE-A- towards non-disclosure of information

23 Covering letter :Submission of quotation for supply of TES

Page 3: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

3

NOTICE INVITING e-TENDER

Tenderers are advised to download Notice Inviting Tender along with other tender documents from the e-tendering portal https://iocletenders.nic.in. While the tender shall be submitted online

in soft copy on our e-tendering portal, the Earnest Money Deposit has to be submitted online or offline on or before due date & time of tender submission. Tenderers must also note that before

the bid is uploaded, the bid comprising of all attached documents should be digitally signed using

digital signatures.

Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: https://iocletenders.nic.in only and no separate notification shall be issued in the

press. Bidders are therefore requested to regularly visit our website to keen themselves updated.

Sr. No

Particulars Description

01 Tender Number RCC/ERO/37/2018-19/LT-13

02 Tender ID 2018_ERO_78154_1

03 Name of work Procurement of Tamper Evident Seals (Tes) for LPG BPs under IOAOD SO.

04 Location of delivery North Guwahati, Sarpara, Bongaigaon, Sekmai, Dimapur, Mualkhang, Silchar, Bishalgarh , Gopanari, Kimin, Duliajan Lpg Bottling Plant

05 Estimated value of Supply for 3 years.

Rs 3,88,03,533/- (Including GST)

06 Download date of tender Documents start on

As per e-Tender portal

07 Download date of tender Documents closes on

As per e-Tender portal

08 Start date of submission of tender

As per e-Tender portal

09 Last date of submission of tender

As per e-Tender portal

10 Date of opening of Technical bids

As per e-Tender portal

11 COMMENCEMENT OF SUPPLY Within 30 Days Of Work Order

12 Period of contract Total three years (One year and extendable for two more year at the sole discretion of IOCL, at the same rates, terms and conditions).

13 Tender Fees Nil

14 Validity of Quoted Rates 180 days from the date of closing of tender unless extended by mutual consent in writing.

15 Pre- Bid Meeting Not required

16 Contact person Mr. H. K. Majhi, CM (Contracts), ERO Email ID: [email protected]

Ph: 9432310387

17 Tender Inviting Authority Ch. General Manager (Contract Cell),ER

Contract Cell, Indian Oil Corporation Ltd. (MD),

7th Floor, Indian Oil Bhavan, 2 Gariahat Road

(South), Dhakuria, Kolkata - 700068

Page 4: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

4

18 Earnest Money Deposit (EMD) Rs. 64675.00/- Only online EMD will be accepted. Exemption from submission of EMD: a) Parties registered with any of the following

agencies / bodies as per Public Procurement Policy for Micro & Small Enterprises (MSE) Order 2012 are exempted categories from payment of EMD provided that the registration certificate issued by any one of these below mentioned agencies must be valid as on close date of tender. Bidders, who have applied for registration or renewal of registration with any of these agencies / bodies but have not obtained the valid certificate as on close date of tender are not eligible for exemption. 1. District Industries Centre (DIC) 2. Khadi and Village Industries

Commission (KVIC) 3. Khadi and Village Industries Board 4. Coir Board 5. National Small Industries Corporation

(NSIC) 6. Directorate of Handicraft and Handloom 7. Udyog Aadhar Memorandum (UAM) 8. Any other body specified by Ministry of

MSME Note: Against UAM, copy of acknowledgement generated online shall be acceptable.

b. PSUs (Central & State) and JVs of IOCL are exempted from submission of EMD.

A copy of the EMD instrument or exemption certificate in case of exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link.

Tenderers not paying EMD or not uploading valid exemption certificate or scan copy of BG on or before due date and time of tender submission will be summarily rejected.

Page 5: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

5

Note:1

1. Any corrigendum regarding amendments in terms conditions dates etc. will be published on the IOCL ETender website and Tenderers to visit the website on regular basis to keep updated on the tender.

2. Submission of price bid in any other than price bid folder shall disqualify and liable for rejection.

3. L1 and other qualified bidders will be intimated for verification of documents and

other queries if required thru e-mail only.

Note-2:

1. The LERC Technology Report (33 pages) for manufacture of Tamper Evident Seal are uploaded along with this tender document. IOCL Graphics Artwork for TES (Hologram and Artwork for TES in CDR format) shall be provided to the successful bidders by IOCL, Mumbai, upon submission of Notarized affidavit, as per the format enclosed (Annexure-IX), towards non- disclosure of information.

2. Offers have to be submitted online only through the IOCL e-tendering website https://iocletenders.gov.in

NOTE-3:

1. All bidders must have valid digital signature certificate class iii and have to register themselves in the above website for bidding

2. Tender emd, to be uploaded online with technical/ commercial bid for online submission of the tender. Tender document without emd will be rejected. However, central & state public Sector units and units registered with national small Industries corporation limited (NSIC) & msme are exempted from payment of EMD subject to providing documentary evidence of valid registraiton with nsic/msme.

3. The complete tender document is enclosed. The Tenderer should study the tender document carefully before quoting.

NOTE-4: 1. Tenderers must note that the LERC Technology Report (33 pages) & IOCL Graphics

Artwork for TES will remain the property of IOCL. 2. The Tenderer should study the tender document carefully before quoting.

3. Tenderers who are willing to accept our tender conditions stated in the enclosed ANNEXURES should only quote for this tender. Tenders with counter conditions imposed by Tenderer will not be considered.

4. Indian Oil Corporation Ltd., is not bound to accept the lowest tender & reserves the right to reject any or all the tenders without assigning any reason whatsoever.

5. Indian Oil Corporation Ltd. reserves the right to split the work in any manner whatsoever and it shall be acceptable to all Tenderers.

6. Offers sent by fax will not be accepted. 7. Please note that in the event we do not receive your quotation without any valid reasons,

future tender enquiries may not be sent to you.

Page 6: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

6

PREQUALIFICATION CRITERIA FOR QUALIFYING TENDERER

In order to become eligible for opening of price bid, the tenderer should meet following pre qualification condition and enclose all documents with credential bid:

1. The tenderers must upload the LERC test report of their TES sample confirming to all the specifications while submitting the e-Tender.

Only those tenderers who upload the LERC test report of their TES samples (LERC hologram not compulsory) confirming to all the latest specifications and testing parameters as per LERC, Bangalore manufactured i.e. whose TES samples are approved by LERC, Bangalore for either of the PSU Oil marketing Companies (HPC/BPC/IOC), within the specified time frame of submitting/ uploading the LERC test report, will be eligible for opening of the Price Bid.

NOTE: LERC Technology Report for TES & IOCL Graphics Artwork will be provided by IOCL, HO-Mumbai to the interested tenderers approaching IOCL for the same, only after they submit the duly signed Indemnity Bond/ Non-Disclosure Agreement (Annexure-IX) to IOCL in the requisite format proved to them when they approach IOCL, HO-Mumbai office.

Tenderers must note that the LERC Technology Report & IOCL Graphics Artwork for TES given to the tenderers by IOCL, will remain the property of IOCL & IOCL may ask the tenderer to destroy or return the same at any point of time, if no Purchase Order is placed on them or after the completion of the Purchase Order quantity.

2. All tenderers have to necessarily quote for all the LPG bottling plants. Tenders of the

tenderers who have not quoted for all the plants will be summarily rejected.

3. The tenderer should furnish requisite earnest money deposit through online. copy of the EMD instrument or exemption certificate in case of exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link. Tenderers not paying EMD or not uploading valid exemption certificate or scan copy of BG on or before due date and time of tender submission will be summarily rejectedParty exempted from paying EMD should submit the copy of exemption certificate.

4. The tenderer should upload scanned digitally signed duly completed tender documents

before due date and time and accept all terms and conditions in TOTO.

5. In case of e-tender the tenderer should have downloaded tender documents from his/her/their own user ID. Tender documents downloaded through website are not transferrable and are valid for the person who has registered on the web and downloaded.

6. Tenderer should offer a minimum manufacturing capacity for supply to IOCL excluding the

supply to other Industries , available for this tender, equivalent to 25%, i.e, 123.70 lacs TAMPER EVIDENT SEALS of our total requirement of 494.80 lacs per annum TAMPER EVIDENT SEALS as per the enclosed format.

Notwithstanding any other condition/ provision in the tender documents, in case of ambiguity or incomplete documents pertaining to PQC, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the PQ criteria. In case the bidder fails to submit any document or submits incomplete documents within given time, the bidders tender will be rejected

Page 7: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

7

TECHNICAL SPECIFICATIONS AS PER THE TECHNOLOGY REPORT OF LPG EQUIPMENT RESEARCH CENTRE (LERC), BANGALORE

i. The tamper evident seals (TES) must be manufactured strictly as per the

latest specifications, processes and details, etc. given in the LERC Technology Document meant for Tamper Evident Seals & any variation from the same is not allowed.

ii. It is also crucially important that the TES formulation shall not contain any

plasticizer or filler. The mechanical parameters such as overall dimensions & dimensions pertaining to perforations shall be strictly complied with, failing which the TES will be rejected. The recommended makes of chemical & additives have been arrived at, after their qualitative evaluation and shall not be changed without prior written approval from LERC as well as IOCL.

Page 8: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

8

TENDER EVALUATION CRITERIA

1.1 This tender is floated in two-bid system i.e. Technical bid & price bid. Technical bid will be

opened first, on scheduled date and will be evaluated. Price bids of the Bidders, who have qualified in Technical bid based on our evaluation, will be opened subsequently on notified date.

1.2 After opening of price bid of technically qualified bidders, ranking will be done on the basis

of quoted rates in price-bid.

1.3 Original ranking of the bidder(s) i.e. L-1, L-2, L-3 etc will be decided on the basis of ascending order of financial outgo to the Corporation on overall basis, considering the tentative supply, original rates quoted for all the plants as mentioned in the Price bid. In case any bidder has not quoted rate for one/ some plants, then bid of that bidder will be rejected.

1.4 Corporation reserves the right to split the quantities among different bidders and get the

same or similar items either in whole or in part from any other source(s) at any rate without assigning any reasons whatsoever.

1.5 IOCL reserves the right to negotiate with the tenderers. In the event of negotiations, the

tenderer will be required to confirm the negotiations in writing within the time stipulated. If the tenderer fails to comply with this requirement, the purchaser reserves the right to ignore his quotation at its discretion.

1.6 There will be one single negotiated & mutually agreeable uniform rate for the works

against this tender. 1.7 After finalizing the L1 bidder, the negotiated finalized rate will be offered to the other

bidders in order of L2, L3, L4…..etc. till entire requirement is met at finalized L1 rates. 1.8 The quantity distribution in the above case i.e. only one bidder each under L1 , L2 & L3

would be as follows : L-1 - 50% L-2 - 30% plus shortfall of L-1 w.r.t capacity, if any L-3 – 20% plus shortfall of L-2 w.r.t capacity, if any

1.9 Once it is established that three vendors cannot fulfill the requirement as per their plant

capacity and existing commitment, then the fourth vendor will be finalized and balance left out quantity will be allocated to the fourth vendor.

1.10 In case of tie between two or more bidders at L-1 position, all the L-1 bidders shall be asked

to submit discount bid in terms of percentage discount over previous quoted amount in a sealed envelope. Above exercise shall currently be an offline activity outside the e-portal. In case there is a tie again, the bidder with the highest turnover worked out to three decimal points in any of the last three years as submitted against Turnover criteria shall be

considered as L1 bidder. In the event of bidder submitting turnover documents for

only one or two years, L1 shall be decided on the basis of turnovers submitted.

Page 9: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

9

1.11 For any tie at subsequent position i.e. other than L1 position, the bidder with the highest turnover worked out to three decimal points in any of the last three years as submitted

against Turnover criteria shall be considered. In the event of bidder submitting

turnover documents for only one or two years, L1 shall be decided on the basis of turnovers submitted

1.12 The above distribution will be for 100 % requirement if L1 or L2 or L3 party is MSME party.

If L1 or L2 or L3 is non MSME party, then 80% of total requirement will be distributed among L1, L2 and L3 in their actual ratio i.e. 50:30:20 respectively.

2.0 RESERVATION OF TENDERED QUANTITIES FOR MSE (Micro and Small Enterprises)

2.1 If L1 or L2 or L3 party is a MSE, then no further quantities shall be reserved for other MSE

parties.

2.2 If no MSE party has quoted within L1+15%, then this reservation shall not be applicable and the total tendered quantity shall be sourced from other parties in order of their ranking.

2.3 If L1 or L2 or L3 party is a non-MSE party and there are MSE parties that have quoted within L1+15%, have qualified technically and have accepted finalised L1 rates, then 20% of the tendered quantity shall be allocated for procurement from such MSE parties. For this purpose, the Registration of MSE parties should be valid on the closing date of this tender and the parties should have been registered for the tendered items. If more than one party gets qualified, the quantities will be distributed equally amongst such parties. For balance allocation of 80%, distribution amongst non-MSE parties will be made as given above.

2.4 Out of the above 20 percent, a sub-target of 20 per cent (i.e. 20 percent out of 20 percent) is earmarked for Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled Tribe entrepreneurs.

2.5 The quantity reserved for MSE parties is proposed to be split into a maximum of 2 parts including the quantity reserved for SC/ST MSE parties in this tender. MSE parties (including SC/ST MSE parties) shall be selected in order of their original ranking and subject to meeting other conditions for MSE parties.

2.6 For example, if there are 2 MSE parties (non-SC/ST) and 1 SC/ST party quoting within L1+15%, technically qualified and agreeing to the finalised L1 rates in this tender, then the allocation shall be as follows:

2.7 PARTIES DISTRIBUTION OF QUANTITIES 1 MSE (non-SC/ST) 16% 1 MSE (SC/ST) 4%

2.8 MSE parties shall be preferred in order of their original ranking. If SC/ST MSE party(ies) has(ve) a higher ranking than non SC/ST MSE parties, then the 20% quantity shall be distributed equally amongst 2 parties in order of ranking.

Page 10: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

10

2.9 In the event of failure of such SC/ST Micro and Small Enterprises to participate in tender process or meet tender requirements and match the L1 price (negotiated), 4 per cent sub target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Schedule Tribe entrepreneurs shall be met from other Micro and Small Enterprises.

2.10 The above provisions shall apply to Micro and Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

2.11 To become eligible for the allocation of the quantity reserved in this tender, the MSE will have to submit duly notarized valid documentary proof with the tender documents. Scanned copy to be uploaded with the tender documents.

2.12 MSEs owned by SC/ST shall mean: In case of proprietary MSE, Proprietor shall be SC/ST. In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the enterprise In case of Private Limited Companies, at least 51% shares shall be held by SC/ST promoters Note: 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 as MSE. The bidder shall be responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST.

Allocation decided by IOCL shall be final and binding on all the tenderers.

Rates quoted should be inclusive of loading/unloading, transit Insurance charges, third party inspection charges, packing and forwarding, freight for door delivery and other statutory levies if any and on net delivered basis. Percentage of GST as applicable should be indicated separately in the bid. Evaluation will be carried out on the basis of net landed cost considering GST, Cess and estimated Input Tax Credit(ITC) available to Indian Oil as envisaged and indicated in the BOQ for evaluation purpose. In case, there is any change in the ITC rate after award of contract, same will have no effect on evaluation done. GST is payable as extra at indicated rate by bidder.

************

Page 11: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION

Tender No. :

RCC/ERO/37/2018-19/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs UNDER IOAOD SO

11

CHECK LIST TO BE ENCLOSED WITH THE TECHNICAL/ COMMERCIAL BID OF TENDER

S.

No.

Requirement Tenderer's Confirmation

(Tick below)

1.

One set of duly filled tender document as a mark of

acceptance of all terms and conditions contained

therein

Yes / No

2.

All the Annexures: III (A, B, C, D & List of relatives) as

given in this tender document duly filled

Yes / No

3.

Test Certificate issued by LERC, conforming that TES

manufactured by the tenderer is meeting the

specification.

Yes / No

4.

PROFORMA OF DECLARATION OF BLACK LISTING/ HOLIDAY LISTING (Annexure :IV)

Yes / No

5.

Valid NSIC / MSME Certificate (if applicable)

Yes / Not Applicable

6.

Caste Certificate, if applicable

Yes / Not Applicable

7.

Online payment of Rs. 6 4 6 7 5 /- towards EMD, of

any scheduled Bank, payable at Mumbai if exemption

not available.

Yes / Not Applicable

8.

Confirmation on delivery schedule & capacity

offered against this tender. (Annexure:II)

Yes / No

9.

Certified copy of the partnership deed (if

applicable).

Yes / Not Applicable

10.

GST Registration Certificate

Yes / No

Page 12: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION Tender No. :

RCC/ERO/37/2017-18/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO

12

PARTICULARS OF & EARNEST MONEY DEPOSIT

(TO BE FILLED IN BY THE TENDERER)

QUANTUM OF EMD : Rs 64675.00/-

a) Enclosed online EMD Payment receipt (PR) No _______________________.

b) Exempted from depositing EMD :

REASON: ______________________________________________________________

REFERENCE CERTIFICATE No. (copy enclosed) ______________________________

DATED THIS_____________DAY OF ____________2018

SIGNATURE_______________ IN THE CAPACITY OF__________________

DULY AUTHORIZED TO SIGN TENDERS

FOR AND ON BEHALF OF ____________________________________________

____________________________________________

ADDRESS ____________________________________________

____________________________________________

WITNESS ____________________________________________

ADDRESS ____________________________________________

OCCUPATION ____________________________________________

REF:

DATE:

Page 13: GSTIN OF VARIOUS STATES ASSAM ......digital signatures. Any addendum/Corrigendum /sale date extension in respect of above tender shall be issued on our website: only and no separate

INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION Tender No. :

RCC/ERO/37/2017-18/LT-13

PROCUREMENT OF TAMPER EVIDENT SEALS (TES) FOR LPG BPs AT UNDER IOAOD OSO

13

DELIVERY SCHEDULE

The expected delivery schedule Year wise Plant wise for the entire quantity to be supplied in three years shall be as follows. However work order will be issued for 1 year and subsequently for second and third year.

First Year (From AUG 2018 to JULY 2019) (in 1000)

Name of BP July'18-Sep'18

Oct'18-Dec'18

Jan'19-Mar'19

Apr'19-June'19

Total

NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584

SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058

SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646

KIMIN LPG BOTTLING PLANT' 221 221 221 221 882

BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940

MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058

DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323

Second Year (From AUG 2019 to JULY 2020) (in 1000)

Name of BP

July'19-Sep'19

Oct'19-Dec'19

Jan'20-Mar'20

Apr'20-June'20

Total

NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584

SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058

SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646

KIMIN LPG BOTTLING PLANT' 221 221 221 221 882

BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940

MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058

DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323

Third Year (From AUG 2020 to JULY 2021) (in 1000)

Name of BP July'20-Sep'20

Oct'20-Dec'20

Jan'21-Mar'21

Apr'21-June'21

Total

NORTH GUWAHATI LPG BOTTLING PLANT' 2646 2646 2646 2646 10584

SARPARA LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

BONGAIGAON LPG BOTTLING PLANT' 1323 1323 1323 1323 5292

GOPANARI LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

SILCHAR LPG BOTTLING PLANT' 2426 2426 2426 2426 9702

DIMAPUR LPG BOTTLING PLANT' 265 265 265 265 1058

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INDIAN OIL CORPORATION LIMITED

MARKETING DIVISION Tender No. :

RCC/ERO/37/2017-18/LT-13

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SEKMAI LPG BOTTLING PLANT' 662 662 662 662 2646

KIMIN LPG BOTTLING PLANT' 221 221 221 221 882

BISHALGARH LPG BOTTLING PLANT' 485 485 485 485 1940

MUALKHANG LPG BOTTLING PLANT' 265 265 265 265 1058

DULIAJAN LPG BOTTLING PLANT 331 331 331 331 1323

Total Quantity for one year 49480000 Total quantity for three years 148440000

Remarks :

1. The months of supply have been mentioned above taking the order placement latest by July 2018. In case of any delay in finalization of tender, the months shall be accordingly revised.

2. April’18 means up to the last day of the month i.e. 30/04/2018. Similarly Jan’20 means 31/01/2020.

3. The monthly quantities as shown above can be changed in case of any requirements keeping the total quantity in that period as same and the seller shall be required to supply as-per the revised schedule without any extra cost to M/s IOCL.

4. IOAOD State Office may change this delivery schedule as per their suitability.

GENERAL INSTRUCTIONS TO BIDDERS (GITB)

1. Tenders in two-bid system (technical/commercial bid and Price Bid ) are invited meeting

the pre-qualifying criteria. 2. Tender document will be downloaded from https://iocletenders.gov.in or

www.indianoiltenders.com free of cost using their digital signature and registered user ID. 3. Tender will not be available for purchase from any of our offices. 4. There is no Tender Fee. 5. Technical Bid and Price Bid to be submitted online only. 6. The tender document and supportive document of tender should be submitted online

only. 7. Bidders will have to provide Bank Details for their Banker as per our format.

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8. Indian Oil Corporation Ltd. reserves the right to accept or reject any tender or all tenders without assigning any reason whatsoever and may or may not accept the lowest quotation.

9. VALIDIY: Bidders who are willing to accept our tender condition stated in this tender should only quote for this tender.

10. Bidder is advised to refrain from submitting any false, forged documents during the entire tendering / later process, the penalty for which shall be termination of contract / holiday listing of Bidder at any stage and SD submitted shall be forfeited.

11. During evaluation of technical bids of the bidders participated in the tender, if it is found that any bidder is Blacklisted / holiday listed by Corporation, then bid of such bidders will be out-rightly rejected.

12. The quality of supplied material and timely execution is of paramount importance and under no circumstances these shall be allowed to be diluted.

13. Detailed Specification, Scope of inspection & testing etc. are given in the tender document. The tenderer is requested to study them carefully before submitting their bid.

14. Selection of the L-1 Vendor: The L-1 Vendor will be selected based on the lowest acceptable delivered price quoted for the total quantity.

15. This Odisha Office will place Purchase order on the vendor and the items are to be directly supplied to the locations. Payment for the supplies will be made by the respective locations.

16. Techno Commercial Bid will be opened on due date and time through E- Tendering. 17. Bidder is also advised to go through the tender documents carefully and understand these

completely before quoting. 18. The estimated quantity is only directional and the successful bidders cannot claim it as

their right. The quantities can increase or decrease at the sole discretion of IOCL. Payments will be made based on actual.

19. Price Bid is to be mandatorily uploaded online only in the excel file format downloaded from given IOC website. No scan copy of price bid document is acceptable and in case any bidder submitting the price bid other than through on-line, then such tender will be summarily rejected.

20. Negotiations :

a. Corporation reserves the right to negotiate with the L1 bidder(s) as per the ranking mentioned in the tender evaluation criteria to establish the lowest rate.

b. Corporation may offer the rate in writing to such bidders for their acceptance / response. c. If any bidder does not respond to the above exercise of negotiation within the date and

time given in order of their ranking, such bidder may lose their chance and opportunity shall be extended to the next bidder as per the ranking.

21. IOCL reserves the right to increase or decrease the number of bidders for award of work,

splitting of works into two or more bidders at its discretion and none of the bidders shall have any claim whatsoever in such cases.

22. IOCL reserves the right to reject tender of any or all the bidders without assigning any reason at its absolute discretion.

23. Bidders having valid MSE registration for manufacturing of as defined under “similar work” and having received the registration under Entrepreneurs Memorandum Number Part II (EM-II) or Udyog Aadhar No. will be considered for qualifying under MSE category. This

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document may be verified from the respective Website / Department / Issuing authority for the authenticity by Corporation and invalid document may lead to disqualification of the bidder from the tender.

24. VERIFICATION OF ORIGINAL DOCUMENTS:

Bidders themselves or through their authorized representatives need to bring their original documents for verification to IOCL, Eastern Region address mentioned in “Cover Page”.

Failure on part of the Bidder to report on specified date and time may result in rejection of the tender submitted without further communication.

SPECIAL INSTRUCTIONS TO THE BIDDER (SITB) FOR PATTICIPATING IN E-TENDER

Indian Oil Corporation Ltd. has developed a secured and user friendly e-Tendering system through

National Informatics Center (NIC), which enables Vendors / Bidders to Search, View, Download

tenders directly and also, enables them to participate & submit online bids on the e-Tendering site

https://iocletenders.gov.in in a secured and transparent manner maintaining confidentially and

security throughout the tendering process.

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Bidders are advised to download Notice Inviting Tender along with other tender documents from the

e-tendering portal https://iocletenders.gov.in free of cost using their digital signature & registered

used ID. The tender should be submitted online in softcopy on our e-tendering portal only. The

requisite document(s) like ‘Undertaking Format for Non-tampering of Electronic Data’, Earnest

Money Deposit (if applicable), etc. in original has to be submitted by dropping it in the Tender-box

as per tender conditions before the due date and time failing which the bid shall be summarily

rejected. A scanned copy of the instrument or exemption certificate in case of exempted category

has to be uploaded along with clear scanned copies of required documents to substantiate the claim

towards their credentials along with the tender documents at the appropriate space.

Vendor should have a legally valid Class 3 Digital Certificate as per Indian IT Act from the licensed

Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of

Certifying Authorities (CCA) of India (For details regarding Digital Certificate Provider please refer

to point 8 of “Information about DSC” on the home page). All interested bidders are requested to

register themselves using the link “Online Bidder Enrollment” on the home page and enroll their

digital certificate during their first login attempt.

It is advised to take extreme precaution while mapping digital certificate to a particular user

profile. Once a digital certificate is enrolled to a user account, it cannot be used for any other

registration in the system.

Bidders are requested to read following conditions in conjunctions with various conditions,

wherever applicable appearing with this bid invitation for e-Tendering.

The conditions mentioned herein under shall supersede and shall prevail over the contradicting

conditions (if any) mentioned elsewhere in the tender documents.

1.0 Procedure to submit On-line Bids

For this purpose, Vendors/Bidders are advised to read the instructions available in the homepage of

the portal where detailed procedure for submission of bids is available under the section “Bidders

Manual Kit”.

2.0 System Generated Communication(s)

The alerts / reminders in the form of SMS / e-Mail are given to bidders by the system at various

stages of tender as mentioned below:

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Reminder for Registered Digital Certificate Expiry before 30 days;

Issuance of Limited Tenders to the selected bidders;

Change in Password;

Bids uploaded but ‘Freeze’ button not clicked;

On issuance of Corrigendum if the tender is downloaded from DSC Registered Account/

made it favourite;

Posting of any Techno-Commercial Query by the department;

Date and Time for Opening of Price Bid to all technically accepted bidders ;

AOC to successful bidder(s). Please note, communication alerts in the form of e-Mail/SMS will be sent to the bidder if and only if

His/her e-Mail/Mobile No. registered in the portal is correct and latest. In addition to the above communication, the information is updated in portal under ‘Pending’

section of Dashboard like:

a) Limited Tender(s) to be made as favorite;

b) TQ/CQ to be responded;

c) Bids to be frozen;

All bidders must login and visit their DASHBOARD section on regular basis to get the timely

updates related to the pending activities as mentioned above at their end to act timely even if they

have missed any communication sent in the form of e-Mail / SMS by system.

3.0 Tender Search

All tenders available on the website can be searched by using the “Search Active Tenders” menu

under Bidder’s profile. Use any of the searching criteria to search your tender. For a refined search,

enter Work Title under “Keywords” and click Submit. The intended tender(s) should be checked and

saved as “Favorite” by clicking on the check box. The bid submission process will start by clicking

the menu “My Tenders”.

4.0 Size of the Documents

Each packet is limited to 10 MB in size. It is advised to the bidder to prepare their bid documents

accordingly.

5.0 My Documents

Additional 25 MB of space is available in “My Documents” under “My Account” section.

Document uploaded once under “My Documents” can also be included for future tenders as per

requirement very easily. The repeated uploading of documents under “My Documents” is not

required from tender to tender. To include files from “My Documents” to the bid, select “Yes” for

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“Other Important Documents” after EMD details. Vendors/Bidders are advised to read the

instructions available as “Uploading of My Documents” as under the section “Bidders Manual

Kit”.

6.0 Preparation of Bids

The documents to be uploaded should be in the same format as asked in the e-Tender. Price Bid has to be downloaded and saved in the exact format available in the website (i.e. Microsoft

97-2003 Workbook). All relevant details and quotes are to be filled in the same file (e.g. BoQ.xls).

The same file must be used for uploading. Any change in the File name, Sheet name or both will restrict uploading of the Price Bid.

7.0 Tampering of Documents

The following shall be considered as Tampering of documents:

Submission of Scanned copy or Photocopy of Price bid (BOQ);

Submission of any file other than original Price Bid (BOQ);

Insertion of additional sheet(s);

Change in content or context of the original file;

Protection of Workbook over and above Sheet Protection done by IOCL.

Such bids will be summarily rejected at the time of evaluation.

7.0 Uploading and Confirmation

Bid along with all the copies of documents should be submitted in the electronic form only through

Indian Oil e-tendering system. Bidder has to ensure that their bid submission is complete in all

respect by clicking on the ‘FREEZE BID SUBMISSION’ button. Any revision or amendment in bid

shall be possible after bid submission only upto the due date and time of submission of tender.

Bidder in turn will receive an acknowledgement against his/her bid submission. Successful

submission of bid can also be verified under “My Bids” section.

HelpDesk Tel. No. +91-22-26447708

HelpDesk Email-ids

[email protected]

[email protected]

Business Hours: Mon – Fri, 09:00 to 16:00 Hrs In)

8.Special Note

Bids can only be submitted / resubmitted before the last date and time of submission as per

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tender.

The system time (IST) displayed on e-tendering web page shall be considered as the

reference time for all transactions and no other time shall be taken into cognizance.

Bidders are advised in their own interest to ensure that bids are uploaded and submitted

successfully in e-tendering system well before the closing date and time of bid.

No physical bid shall be accepted except the documents as specified in tender.

IndianOil does not take any responsibility in case bidder fails to upload the documents in the

portal within specified time.

Bidders are requested to provide correct/latest “e-Mail address” and “Mobile No.” for

receiving updates related to e-tender from time to time.

For updated SITB, bidder must visit http://iocletenders.gov.in under Announcements

section.

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UNDERTAKING BY THE TENDERER

Tender No: Work: Supply of Tamper Evident Seals (TES) for use on LPG Cylinders at LPG Bottling Plants Under IOAOD State Office

I/We have downloaded the tender form from the internet site

www.iocletenders.nic.in and I/we have not tampered with / modified the

tender forms and electronic data contained therein in any manner. In

case, if the same is found to be tampered with / modified, I / we

understand that my / our tender will be summarily rejected and full

Earnest Money Deposit will be forfeited and I/we am/are liable to be

banned from doing business with Indian Oil Corporation Ltd. and/or

prosecuted.

SIGNED FOR AND ON BEHALF OF _______________________

(Name of Tenderer)

Seal & Signature of Tenderer Date: ___________ Place: ___________

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STATEMENT OF CREDENTIALS

Tenderer should fill in below mentioned details along with the Technical bid. (NON- COMPLIANCE OF ANY DETAILS WILL MEAN INCOMPLETE TENDER). Please state "NOT APPLICABLE" in case you have no positive answer. For example, if you are not a proprietary firm, then please state “NOT APPLICABLE’ against item No. (B) 1 below instead of keeping the same blank. A) 1. Name and address of the Vendor with PIN Code: _______________________________________________________________ _______________________________________________________________

_______________________________________________________________

2. Telephone Nos.: ______________________________________________ 3. Fax & E-Mail, if any:____________________________________________ 4. Name of Contact Person: ________________________________________

5. Mobile No. of Contact Person: ____________________________________

B) 1. Sole Proprietorship? : ________________________________________ (Give name of the Proprietor) 2. Partnership firm? (1) ______________________________________

(Give names of the (2) ______________________________________

Partners) (3) ______________________________________

(4) _____________________________________

3. Private or Public Limited Company?

Give list of Directors. (1)_____________________________

(2)_____________________________

(3)_____________________________

(4)_____________________________

C) Details of Arbitration proceedings with the past and present involving tenderer, if any. _________________________________________________________________________

____________________________________________________________________________________________________________________

D) Registration No. : 1. Under Company’s Act : ______________________________________ 2. Small Scale Industry: ________________________________________ 3. Permanent Account Number(PAN): _____________________________ 4. Value Added Tax (TIN) : ______________________________________ 5. Central Sales Tax(CST): _____________________________________ 6. Service Tax: _______________________________________________ 7. Provident Fund (PF):________________________________________ 8. Employees State Insurance(ESI):______________________________

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GENERAL TERMS AND CONDITIONS: 1. EARNEST MONEY DEPOSIT (EMD)

Tenderers are required to submit EMD of Rs. 64675.00. 0 0 as under: -

i) For EMD: ONLINE. No Cheque or Call Deposit or DD will be accepted. No interest will be payable by IOC on Earnest Money.

a) Public Sector undertakings are exempted from payment of Earnest Money

deposit. b) Units registered with National Small Industries Corporation (NSIC) / MSMEs are

exempted from payment of Earnest Money Deposit subject to the said Registration

Certificate is valid as on date of opening of tender. Photostat copy of valid NSIC/MSME Registration Certificate should accompany the

quotation.

Registration of firm with DGS&D will not exempt the vendor from payment of Earnest

Money Deposit. In case of successful tenderer, the EMD amount shall be refunded back on receipt of

Security Deposit in the manner and within the period specified. EMD of successful

Tenderers will not be released unless Security Deposit is remitted. In case party does

not pay Security Deposit as specified in the P.O, Corporation reserves the right to forfeit

EMD. Also if the successful tenderer fails to commence deliveries and / or withdraw /

revise upward the rates offered before placement of order, the EMD will be forfeited

to the Corporation without prejudice to all our rights to recover any loss or damage the

Corporation may suffer.

EMD is also liable for forfeiture in the event of :

i) Withdrawal of offers while they are under consideration, during the validity

period

OR ii) Non acceptance of the orders or LOI when placed

OR

iii) Non confirmation of acceptance of the order or LOI within the stipulated

time after the placement of the order

OR iv) Any unilateral revision in rates or terms & conditions is made by the Tenderer

during validity period of the offer.

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2. A. SECURITY DEPOSIT

a. The successful tenderer shall within 14 days from the date of receipt of Letter of Intent, have to make payment against Security Deposit.

b. SECURITY DEPOSIT IS PAYABLE AT OUR ODISHA STATE OFFICE at BHUBANESHWAR. c. The Security Deposit amount shall be equivalent to 5% of the value of the order or

Rs:1,00,000.00 (Rupees One Lakh Only), whichever is less . Security deposit would be made by Pay order / Demand Draft on Scheduled Bank. The Pay order / Demand Draft should be in favour of 'Indian Oil Corporation Limited (Marketing Division)' payable at Guwahati. Outstation Pay order / DD will not be acceptable.

d. Bank Guarantee as an instrument towards Security Deposit shall be accepted in case

SD amount is more than 1 lakh. Bank Guarantee is to be executed by Nationalised / Scheduled Bank towards SD and should be valid for the completion period of supply plus 6 (six) months. If needed, validity of BG should be extended by the party / Bank. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition. The proforma for BG for Security Deposit is enclosed.

e. No claim shall lie against the Corporation in respect of interest on Cash deposit or

Depreciation thereof. The Corporation shall be entitled to deduct from the deposit any loss or damage which the Corporation may be put to by reason of any act or default recoverable by the Corporation from the vendor and to call upon the vendor to maintain the deposit at the original limit by making further deposits.

f. In the event of the vendor failing to make and maintain a security deposit in the

manner aforesaid be liable to forfeit any moneys lost with the tender by him and the Corporation shall be entitled to cancel acceptance of the Tender.

g. Option of one of the above methods for Security Deposit once exercised should under

no circumstances be changed later on.

h. The Security Deposit shall be refunded after 6 months of the completion period of the

contract.

i. Forfeiture of Security Deposit - All sums of compensation or other sums of money payable by the vendor may be deducted from SD. In the event of SD being reduced from the original quantum due to recoveries as aforesaid the vendor shall within 15 days of recoveries, make good of the deficiency in SD either by cash or by way of Demand Draft. In case vendor withdrawing during the contract period then SD will be forfeited.

2. B. Performance Guarantee to be furnished by all vendors .

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i. Before commencement of supply of the material, by way of Bank Guarantee, the vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications agreed upon and that the same shall be free from any defects.

ii. The Vendor will guarantee that all materials shall be replaced as the case may be at his

own expenses in case the same have been found to be defective in respect of materials, within a period of 12months from the date of use or 12 months from the date of dispatch whichever is earlier.

iii. The guarantee period for the part that may be replaced shall be 12 months from the

date on which the same is put in use. iv. Acceptance by the Corporation or its inspectors of any material or its replacement

(if applicable) will not relieve the Vendor of its responsibility of supplying the materials strictly according to the specification and according to the guarantees agreed by the Vendor.

v. The vendor shall furnish Performance Bank Guarantee for 10% value of the Purchase

Order before commencement of supply. This Bank Guarantee shall remain in force for a period of six(6) months beyond the validity of work order. It will be responsibility of the Vendor to keep the Bank Guarantee fully subscribed. The Vendor shall make up any shortfall in the value of the Bank Guarantee as a result of encashment by the Corporation either in full or in part in terms of the Performance Guarantee within one week thereof. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition.

3. SPECIFICATION

As per the specifications/ drawings given in the tender document and Technology report enclosed. The IOCL Graphics Artwork for TES shall be provided to the successful bidders, upon submission of Notarized affidavit, as per the format enclosed (Annexure-A), towards non-disclosure of information provided by IOCL, Mumbai after finalization of tender.

4. PRICE

Vendors should quote their lowest and firm price which shall remain firm when order is placed and until satisfactory completion of the order, The rate should be quoted @ net delivered price i.e ex Bidders works loaded on a the trucks/F.O.R/nearest railway station free delivery at our plants, inclusive of freight element for the delivery by road through bank approved transporter to IOCL locations as given in the tender document. Current GST should be separately mentioned in your offer. The price should be firm and irrevocable and not subject to any change whatsoever even due to increase in cost of materials, components and labour cost till the completion of the order. However, any increase/decrease in statutory levies during the scheduled delivery period on finished materials will be on IOC’s account. For this purpose ,GST etc as prevalent on the date of quotation will have to be quoted in the bid. Vendors should quote their

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lowest net delivered price without any escalation clause. The rates quoted should not have any quantity restriction. If the price is linked with the order quantities, the tender is liable to be rejected. No upward revision of rates will be accepted after opening of the tender. If the tenderer fails to accept the purchase order placed at his originally quoted rates or subsequently negotiated rates as the case may be the earnest money deposit shall be forfeited.

5. GST

The quoted rates should be exclusive of GST. However, bidder must quote GST for arriving at final quoted price.

6. FREIGHT

Rate quoted should be inclusive of loading, packing, freight, Transit insurance charges,

unloading etc.

7. VALIDITY

The rates quoted against this Tender shall be valid for a period of 180 days from the

date of opening of the Tender and once the quotation is accepted and the order placed

on the successful tenderer, the rates shall be valid for the entire ordered quantity.

8. QUANTITY

Corporation reserves its right to increase / decrease the quantities indicated in the

tender. The Corporation also reserves the right to accept any tender in whole or in part

and reject any or all tenders without assigning any reason. The Corporation is not

bound to accept the lowest rate for any tender and reserves the right to accept one or

more tenders in part.

The Corporation also reserves its right to allow Public Enterprises (Central/ State) price/

purchase/ contract/ service preference as admissible under the existing Government

Policy. The decision of the Corporation in this connection will be final.

9. INSURANCE

Insurance shall be to supplier’s account as supply is on door delivery basis. The materials

will be dispatched to the location duly insured by the vendor. LR particulars to be

informed to the consignee location by telegram/ fax. The receiving locations will inspect

the goods and inform the Tenderers the details of breakage/ damage if any, to enable

the Tenderers to lodge a claim with Insurance Company.

10. DISCUSSIONS/ NEGOTIATIONS

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The Corporation reserves the right to negotiate with the lowest Tenderer first and later

on with other than lowest bidders for matching the rates. In the event of

negotiations, the tenderer will be required to confirm the negotiation in writing within

the time stipulated. If the Tenderer fails to comply with this requirement, the

Corporation reserves its right to ignore his quotation at its discretion.

11. PAYMENT

Payment against the bills shall be made only after confirmation of receipt of material in

good condition generally within 30 days from receipt of bills. Payments will be made by

the respective Plant Managers.

The following documents as applicable are to be submitted with the Invoice: -

1. Invoice in triplicate

2. LR / GCN / Way Bill etc. in triplicate.

3. Delivery Challan in triplicate.

4. Guarantee, Warranty Certificate in triplicate.

5. Packing List in triplicate.

6. Inspection Report / Release Note in triplicate.

7. Any other relevant document.

12. RISK PURCHASE

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

vendor fails to comply with the delivery schedule and other terms and conditions or the

purchase order. IOC also reserves the right to purchase the same or similar material

through other sources at the entire risk, cost and consequences of the vendor. This clause

is without prejudice to our liquidated damages clause given below.

13. Holiday listing: A Party may be put on holiday list in the event of any one or more of the following:

If a Party

a. Has indulged in malpractices such as bribery, corruption, fraud and pilferage b. Is bankrupt or is being dissolved or has resolved to be wound up or

proceedings for winding up or dissolution has been instituted. c. Has submitted fake, false or forged documents/ certificates d. Has substituted materials in lieu of materials supplied by IOCL or has not

returned or has short returned or has unauthorized disposed off materials/ documents/ drawings/tools or plants or equipment supplied by IOCL

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e. Has obtained official company information or copies of documents, in relation to the tender/ contract, by questionable methods/ means

f. Has deliberately violated and circumvented the provisions of labour laws/regulations/ rules, safety norms or other statutory requirements.

g. Has deliberately indulged in construction and erection of defective works or supply of defective materials.

h. Has not cleared IOCL’s previous dues. i. Has committed breach of Contract or has failed to perform a contract or has

abandoned the contract. j. Has refused to accept Fax of Acceptance/ Letter of Acceptance/ Purchase

Order/ Work Order after the same is issued by IOCL within the validity period and as per agreed terms and conditions

k. After opening of Price Bid, on becoming L1, withdraws/ revises his bid upwards within the validity period.

l. Has parted with, leaked or provided confidential/ proprietary information of IOCL given to the party only for his use (in discharge of his obligations against an order) to any third party without prior consent of IOCL

m. Any other ground for which in the opinion of the Corporation makes it undesirable to deal with the party

n. If a communication is received from the Administrative Ministry of IOCL to ban a party from dealing with IOCL, the party shall be automatically put on Holiday list

14. LIQUIDATED DAMAGES

Vendor will have to pay to the Corporation by way of liquidated damages and not as

penalty, an amount equal to 0.5% of the contracted price of the material so

delayed for each week or part thereof of such delay in delivery subject to a maximum 10%

of such price. For the purpose of calculating liquidated damages, date of receipt will be

taken as date of supply.

15. FORCE MAJEURE CONDITIONS

Delivery of the material is subject to force majeure conditions as under: If, at any time, during the continuance of the contract, the performance in whole or part

by either party of any obligation under the contract shall be prevented or delayed by

reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires,

floods, explosions, epidemics, quarantine, restrictions, strike, lock-outs or acts of God

(hereinafter referred as “events”), then provided notice of the happening of any such

events is given by either party to the other within twenty one days from the date of

occurrence thereof, neither party shall be reasons of such events, be entitled to terminate

the contract nor shall either party have any claim for damages against the other in respect

of such non-performance or delay in performance and deliveries under the contract shall

be resumed as soon as practicable, after such events have come to an end or ceased to

exist, and decision of the Director (Mktg), Indian Oil Corporation Ltd., (Marketing

Division) as to whether the deliveries have been so resumed or not, shall be final and

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conclusive provided further that if the performance in whole or part or any obligation

under this contract is prevented or delayed by reasons of any such event for period

exceeding 60 days, either party may at its option terminate the agreement. 16. CANCELLATION/ TERMINATION

Corporation reserved the right to cancel the contract forthwith upon or any time

after the happening of any of the following events viz. a) If the Tenderer shall commit a breach of any of the terms and conditions of

Tender and fail to remedy such breach within fifteen days of the receipt of the

written notice from us in regard thereto. b) i) On the death of adjudication as insolvent of the Tenderer if he be an individual.

ii) Liquidation whether voluntarily or otherwise on the passing of an effective

resolution for winding up the Tenderer if it be a company. c) If the attachment is levied or continued to be levied for a period of seven days

upon the effects of the Tenderer or of any individual or partners of the tenderer

firm. d) If the Tenderer does not adhere to the instructions which may be issued

from time to time by us in connection with the manufacture of the material, our

right to so terminate the contract shall be without prejudice to any of our other

rights & remedies against the tenderer and in the event of our so terminating

the contract, we shall not be liable to pay for any lose or compensation in

respect of such termination. 17. ASSIGNMENT/ SUB – CONTRACTING

The seller shall not sublet the contract or assign any part of the Corporation’s order to any

person/firm/company without the Corporation’s written consent. 18. GUARANTEE

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

vendor within the warranty period mentioned below.

If in the physical test, it is found that the samples are not meeting the requirements viz.

average weights, dimensions etc the manufacturer shall be informed for joint inspection

and once it is established that the Tamper Evident Seals are not meeting the

requirement for average weights, dimensions etc. then the entire supplies/ lot should be

rejected. The Plant shall deshape such defective material to render it unusable. The

Corporation shall recover cost of material so rejected, from the successful tenderer’s

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pending bills/ Security Deposit cum Performance Guarantee. Scrap generated by

deshaping the rejected material shall not be returned to the supplier and no cost benefit/

adjustment will be available to the supplier on account of the same. Corporation reserves the right to get the seals tested at LPG Equipment Research Centre,

Bangalore for conformity to drawing and specification. Test results given by LERC will be

considered as authentic and binding on the party. 19. WARRANTY

Within a period of 12 months from the date of use or 12 months from the date of dispatch whichever is earlier. The above guarantee/ warranty will be without prejudice to the certificate of inspection

or Material Receipt Note issued by us in respect of the materials. 20. RAW MATERIALS

Raw materials required for manufacture of tender product will have to be procured by the successful tenderer at their own cost. Any delay in procuring raw materials shall not entitle the party to postpone the deliveries as per schedule.

21. AGREEMENT

The successful Tenderer shall conclude a stamped agreement with IOC. Copy of the Agreement is enclosed. The intending vendor should acquaint themselves with the provisions of standard agreement before quoting.

22. ARBITRATION

In case of any dispute or difference arising out of contract, the matter shall be referred to the sole arbitration of an officer of the Corporation nominated by the Director (Marketing) of the Corporation whose decision will be final and binding on both the parties.

23. IMPORT LICENSE

IOC will not provide import license/ foreign exchange for the import of any materials. It

will be the responsibility of vendor to arrange for the same whenever and wherever

required. 24. PACKING AND DESPATCH

The material should be packed and crated appropriately with necessary packing materials

to withstand all transit hazards.

Along with materials, the following documents should be packed and dispatched :- a) Operating and maintenance instruction to users. b) Guarantee Certificate for supplied materials.

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c) Inspection Release Certificates / Report.

25. VALIDITY O F RA TE S AFTER P L A C E M E NT OF ORD E R ( OPTIONAL/ REPEAT ORDER)

Indian oil Corporation Ltd. at its option may consider placement of repeat order on the

party at same rates, terms & conditions for a further quantity upto 100% of the

original ordered quantity within six months from date of original order on Mutual

consent. The terms and conditions are given below:

a. The delivery period for the option order shall not be more than the delivery

period quoted in the original order. b. Destination for the optional quantity may be other than the specified in original

order depending on the actual location where material is to be supplied. Freight

charges to be mutually agreed upon. c. Other terms and conditions as per the original order tender conditions.

26. ACCEPTANCE OF PURCHASE ORDER BY VENDOR

After communication of the Corporation’s acceptance of the Vendor’s tender, if the vendor

fails to return the duplicate copy of the Purchase Order & the Agreement duly signed in

token of their acceptance within 15 days the EMD deposited may be forfeited by the

Corporation, without any further reference to the vendor.

27. GENERAL

1. Tenderers are requested to carefully study all the Tender Documents and Tender

conditions before quoting their rates. No alteration in the Tender will be allowed after

opening of the tender.

2. The Tender must be strictly in accordance with our conditions and specifications.

3. All entries in the Tender must be written in permanent ink or typewritten and

there should be no erasures or over writing, corrections, if any should be attested

under the full signature of the Tenderer.

4. Rates are to be quoted in BOQ.

5. When person signing the Tender/ Agreement is not the sole proprietor or

authorized representative of the Company, the original power of Attorney or a Notary

certified copy thereof authorizing such person to act and sign on behalf of the

company must be produced before signing the documents.

6. A Photostat copy of the Tender’s Current Sales Tax Registration and Income Tax

Clearance/ Return certificates must accompany with the tender. A certified copy of

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the partnership deed should accompany the Tender in the case of partnership firms.

It shall be understood that every endeavor has been made to avoid error which can

materially affect the basis of tender and the successful tenderer shall take upon

himself and provide for risk of any error which may subsequently be discovered and

shall make no subsequent claim on account thereof. No advantage is to be taken

either by the Corporation or the Tenderer of any clerical error or mistake which may

occur in the general specification, schedules, plans or Tender Forms supplied to the

Tenderer.

7. Any terms and conditions attached/ printed overleaf of the vendors offers will not be

binding on IOC.

8. Tenderers should read these conditions carefully and upload one copy in e-tender

site duly signed by them as a tokens of having read, understood and accepted the

conditions.

9. The court in city of Guwahati alone shall have the Jurisdiction to entertain any

application or other proceedings in respect of any disputes arising out of contract

if place against this tender.

10. Tenderers providing false/forged documents certificates in support of their credential

, their tender will be bared and their EMD will be forfeited.

11. Notwithstanding any other conditions/provision in the tender documents, in case of

ambiguity or incomplete documents pertaining to P QC, bidders shall be given only one

opportunity with a fixed deadline after bid opening to provide complete &

unambiguous documents in support of meeting the PQ criteria. In case the bidder fails

to submit any document or submits incomplete documents within the given time, the

bidder’s tender will be rejected.

TENDERS NOT IN CONFORMITY WITH OUR PRESCRIBED TERMS AND CONDITIONS,

SPECIFICATIONS OR WITHOUT EMD/EMD EXEMPTION CERTIFICATE WILL BE SUMMARILY

REJECTED.

The above-mentioned terms and conditions are acceptable to us.

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SPECIAL TERMS AND CONDITIONS

1. SCOPE OF SUPPLY

Supply of Tamper Evident Seals for LPG cylinders as per enclosed drawing and

specifications. Name of the plant to be prominently mentioned on the packing carton for

identification.

2. CAPACITY FOR MANUFACTURE & SUPPLY OF TEMAPER EVIDENT SEALS AGAINST THIS

TENDER:

A. Tenderer should offer a minimum manufacturing capacity, available for this tender,

equivalent to 25%, ie, 123.70 lacs p.a TAMPER EVIDENT SEALS of our prorata

requirement of 494.80 lacs per annum TAMPER EVIDENT SEALS . If the tenderer

quotes without offering the above mentioned minimum capacity, then such

quotations are liable to be rejected

B. Tenderers should furnish the following details:

I) INSTALLED CAPACITY (PER ANNUM) : _____________

II) PRODUCTION CAPACITY (PER ANNUM) : _____________

III) CAPACITY EAR-MARKED AGAINST THIS TENDER (PER ANNUM, FOR THE TOTAL

DELIVERY PERIOD) : ___________

3. VALIDITY OF RATES AFTER PLACEMENT OF ORDER :

The rates finalised in this tender will be firm for a period of two years from the date of

placement of Order or till the supply of total quantity against Purchase Order has been

completed by the vendor, whichever is later. No escalation/ de-escalation will be

permitted on any account of whatsoever.

4. Quantity that can be supplied per annum should be clearly indicated in your offer.

5. The quantity to be supplied per month given under “DELIVERY SCHEDULE” of tender

document shall be binding on the supplier.

6. Unsolicited/ conditional discounts if offered by any party will not be considered and

parties offering such unsolicited discounts are liable to be rejected.

7. Tender Evaluation: Will be guided as mentioned under “Tender Evaluation Criteria”.

8. Tenders with counter or subjective conditions shall be rejected. Corporation reserves the

right to negotiate with tenderers and counter offer a rate if required. As this is a critical

item, preferably three parties shall be considered for supply.

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9. DELIVERY SCHEDULE

Supply shall be commenced at the earliest so as to ensure that at least 50% of the first

quarter (Mar’18- May’18) allocation is reached to the respective LPG bottling plant within

30 days of the date of placement of order; balance quantities towards the requirement

of the first quarter (Mar’18- May’18) may be positioned at the respective LPG Bottling

plants within next 25 days of first delivery. Quarter wise & location wise delivery

schedule for supply of Tamper Evident Seals will be given at the time of placement of

Purchase Order. The party should strictly adhere to the delivery schedule. If Seller fails to

adhere to the said delivery schedule, Liquidated Damages clause will apply. The

Corporation may purely at its discretion (Without being bound to do so) may allow the

Seller from time to time to make up the shortfall that occurred in the delivery of Tamper

Evident Seals (agreed to be made as per the delivery schedule), in the succeeding quarter

of the contracted period subject to the Liquidated Damages clause. Notwithstanding

anything to the contrary contained in any of the provisions of this agreement, the

Corporation from time to time shall have the right purely at its discretion to prune the

quantity of Tamper Evident Seals short supplied from the total contracted quantity

without prejudice to the right of the Corporation to determine, claim and recover

damages from the seller and source the required quantity of seals from alternative

sources. In case the party fails to supply Tamper Evident Seals for the first quarter after

the issue of P.O and payment of security deposit, Corporation reserve the right to forfeit

the Security Deposit. Our three year requirement of Tamper Evident Seals (in

thousands) is as under:

Total(in

thousands)

North GHY 31752

Sarpara 15876

Bongaigaon 15876

Gopanari 29106

Silchar 29106

Dimapur 3175

Sekmai 7938

Kimin 2646

Bishalgarh 5821

Mualkhang 3175

Duliajan 3969

However, IOC reserves the right to cancel/ reduce the ordered quantity/ies, reallocate

the ordered quantities among the plants & change the delivery schedule at any time at

its own discretion.

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11. PACKING & DESPATCH

250 nos. of rolls containing 100 pieces of Tamper Evident Seals each shall be placed in a

strong cardboard carton. Thus each carton will be containing 25000 pieces of Tamper

Evident Seals. The packing should be adequate to withstand handling and transit damage

during transportation by road. One carton should contain Tamper Evident Seals for only

one specific plant. Tamper Evident Seals for different plants should not be put in the

same carton. Boxes should be pasted with 25 cm x 20 cm labels with following

information on all sides and top:

Name of the Plant

Consignee’s Name and Address

Sellers Name/ address

Item, quality, Batch No.

Gross weight

All the Tamper Evident Seals will be dispatched by the seller by road on freight prepaid

basis. The consignments shall be sent on door delivery basis. Immediately on dispatch,

the seller shall send GCN directly to the consignee by the Registered A/D under intimation

to State Office. The Seller will undertake transportation of Tamper Evident Seals on behalf

of the Corporation through established and reliable common carrier lorries.

12. RAW MATERIAL

In respect of the components which are required for the manufacture of Tamper Evident

Seals the Seller shall from time to time during the currency of this contract inform the

Corporation, the list of such item including the names and addresses of the supplier of

such items and the measures taken for ascertaining the quality assurance of such items.

The seller shall be responsible for procurement of all essential raw materials for

manufacture of Tamper Evident Seals to suit the delivery committed to IOC. Any delay in

procuring the raw materials shall not entitle the seller to postpone the committed delivery

schedule.

13. COMPOSITION OF TAMPER EVIDENT SEAL COMPOUND

Composition of the raw material has been specified in the enclosed drawing and

specification. The composition including pigment added / mineral(s) used for filling as per

the specification or changes, if any, adopted as per the mutual agreement between the

successful tenderer and the Corporation shall be maintained as business secret between

the Corporation and the supplier. The successful tenderer is bound to maintain secrecy of

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the composition of Tamper Evident Seals compound. Violation of this requirement will

lead to cancellation of the purchase order.

14. QUALITY CONTROL

The seller shall adhere to the quality control/inspection procedure laid down by the

corporation for Tamper Evident Seals. Supply of Tamper Evident Seals should be

thoroughly inspected and tested by the tenderer prior to despatch to ensure that they

confirm to the specification of the corporation. It is suggested that the manufacturers

should get their Seals tested by LERC, Bangalore before dispatching to the locations.

Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date

and date of packing to be sent along with the material. Each and every carton should

contain this quality assurance certificate.

15. INSPECTION

On receipt of each consignment at the location, random samples will be drawn and

verified for correctness. If the samples are found acceptable, the Plant will certify

accordingly. If the samples do not pass the above preliminary test, the particular

consignment will be frozen and the sample shall be drawn again and sent to LPG

Equipment Research Centre (LERC) Bangalore for testing with reference to drawing and

specification. If the samples fail the test of LERC, the manufacturer shall be intimated in

writing by the Plant and procedures as indicated under Guarantee / Warrantee clause

shall be applicable.

16. EXECUTION OF SUPPLY

The sellers shall abide by the rules, regulation, Bye –laws and statutory requirements etc.

imposed by the Govt./ Semi-Govt. and other local bodies such as Municipalities etc. for

the execution of this order.

17. COMMENCEMENT OF THE ORDER

Supply shall be commenced at the earliest so as to ensure that at least 50% of the

quarter’s (Mar’ 2018- May’18) allocation is reached to the respective LPG bottling plant

within 30 days of the date of placement of order; balance quantities towards the

requirement of quarter March’ 2018- Mayl’18) may be positioned at the respective LPG

Bottling plants within next 25 days of first delivery. It is suggested that the manufacturers

should get their Seals tested by LERC, Bangalore before dispatching to the locations.

Samples should be submitted free of cost and as per directions of Chief Manager (LPG-

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ED), HO for obtaining prior approval well in advance for clearance towards

commencement of supplies as per schedule. In case of samples found not meeting the

specifications, corrective actions will have to be taken by manufacturer and repeat

samples to be submitted for clearance.

18. FAILURE IN MAKING SUPPLIES

In case of failure by a party in meeting the supply schedule as laid down in the Purchase

Order, IOC reserves the right to procure the quantities from other manufacturers at his

risk & cost.

19. DETAILS OF PLANT / MACHINERY

Tenderers should furnish particulars of their factory or workshop including location and

machinery installed therein with the capacity for fabrication of these materials in the

format enclosed along with this tender.

20. TENDERERS TO QUOTE FOR ALL BOTTLING PLANTS

All tenderers have to necessarily quote for all the bottling plants. Tenders of the

tenderers who have not quoted for all the locations will be summarily rejected.

21. OTHER CONDITIONS

i) Bills for supplies made are to submitted in triplicate along with receipted challans

to our Plant Managers at the aforementioned locations.

ii) IOC has the right to: -

a) Split the quantity between / amongst two / more than two parties

b) To accept/ reject any tender or to cancel subject tender at any time

without assigning any reason.

iii) Complete tender along with its enclosures DIGITALLY signed & UPLOADED

without incorporating any changes whatsoever & giving your acceptance for

agreeing to all the tender conditions in toto is to be submitted by the due date.

22. SPECIAL CONDITIONS OF CONTRACT – TAXES: The following clauses are relevant for this tender:

Clause No.

Description

DEFINITIONS

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Clause No.

Description

1 Contractual period / Work Completion Period /Contractual Delivery Date / Contractual Completion Period shall mean the Scheduled Delivery / Completion Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or Work Order and shall also include approved extensions, if any.

GENERAL

1 Where any portion of the GCC/any other section of tender, is repugnant to or at variance with any provision of the Standard Taxation Condition (STC), then the provision of the STC shall be deemed to override the provisions of the GCC and shall, to the extent of such repugnance or variations, prevail.

2 For the purpose of this STC, the term “tax” in addition to tax imposed under CGST (Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/ GST Compensation Cess Acts, also includes any duties, cess or statutory levies levied by central or state authorities.

3 Rate variation in Taxes and any new promulgated taxes after last date of the submission of price bid only on the final product and/or services (applicable to invoices raised on IOCL) within the contractual delivery date /period (including extension approved if any) shall be on IOCL’s Account against submission of documentary evidence. Further , in case of delay in delivery of goods and/or services, any upward rate variation in Taxes and any new promulgated taxes imposed after the contractual delivery date shall be to the Seller’s / Contractor’s Account. Similarly in case of any reduction in the rate(s) of the Taxes between last date of submission of price bid relevant to the Contract and the date of execution of activities under the contract, the Contractor shall pass on the benefit of such reduction to IOCL with the view that IOCL shall pay reduced duty/Tax to Govt.

4 Wherever any escalation / de-escalation linked to raw material price (Basic price excluding taxes) is allowed as per terms of the contract, Variation to the extent related to escalation / de-escalation of value of material shall be allowed without Tax unless specified otherwise.

5 It would be the responsibility of the contractor to get the registration with the respective Tax authorities. Any taxes being charged by the Contractors would be claimed by issuing proper TAX Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed under the respective tax laws and also to mention his correct and valid registration number(s) along with IOCL’s registration number as applicable for particular supply on all invoices raised on IOCL. In case the contractor is opting for Composition scheme under the GST laws (i.e Section 10 of the CGST Act, 2017 and similar provisions under the respective State / UT law), the contractor should confirm the same. Further the contractor to confirm the issuance of Bill of Supply while submission of tender documents and no GST will be charged on IOCL. In case the contractor is falling under Unregistered category, the contractor should confirm the same.

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Clause No.

Description

6 The contractor would be liable to reimburse or make good of any loss/claim by IOCL towards tax credit rejected /disallowed by any tax authorities due to non deposit of taxes or non updation of the data in GSTIN network or non filling of returns or non compliance of tax laws by the Contractor by issuance of suitable credit note to IOCL. In case, contractor does not issues credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy/Tax, if any, payable on such recovery.

7 Tax element on any Debit Note / Supplementary invoice, raised by the contractor will be reimbursed by IOCL as long as the same is within the permissible time limit as per the respective taxation laws and also permissible under the Contract terms and conditions. Contractors to ensure that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from time to time.

8 The contractor will be under obligation for quoting/charging correct rate of tax as prescribed under the respective Tax Laws. Further the Contractor shall avail and pass on benefits of all exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services or understanding of law or rules or regulations or any other reasons of similar nature shall be entertained by IOCL.

9 In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the contractor is liable to make good the loss suffered by IOCL by issuance of suitable credit note to IOCL. In case, contractor does not issue credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy, if any, payable on such recovery.

10 In case the contractor is opting for Composition scheme under the GST laws, in such event the evaluation of his bid will be based on the Quoted Price. In case the contractor is falling under Unregistered category, then GST liability, if any, on IOCL will be included for the purpose of evaluation.

11 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced from the delivered price to arrive at the net landed cost.

12 IOCL shall reimburse GST levied as per invoice issued by the Contractor as prescribed under section 31 of the CGST Act and respective states and Rules.

13 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all certificates, documents and declarations as are required by IOCL to avail of the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL.

14 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited to the rate quoted as per BID subject to increase /decrease in Rates after last date of submission of Price Bid provided delivery is within the Contractual period.

15 ROAD PERMIT /WAY BILL

15.1 IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor only in those cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the Road permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper utilization of road permits for the specific supply and in case of seizure of goods/vehicle, the Contractor will be wholly responsible for release and reimburse the litigation cost to IOCL.

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Clause No.

Description

15.2 IOCL shall on no account be responsible for delay or hold up due to the timely non availability of such documents as are required to be furnished by the owner to obtain the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make best efforts to provide sufficient number of Road Permits/way bill, by whatever name it is called. on demand to avoid any delay or Hold up.

INCOME TAX :

1 The contractor shall be exclusively responsible and liable to pay Taxes on Income arising out

of payment made out of the contract.

2 Wherever withholding tax (TDS) is applicable under the Income tax Act , 1961 the same will

be deducted from the Invoices raised and Certificate as per provision of the Income tax Act

and it Rules will be issued to the contractor.

3 Where the contractor is eligible for deduction at lower rate of TDS, supporting documents to

be furnished to paying authority of IOCL before the payment is released. Once the deduction

is made at higher rate and TDS is deposited to authorities, no claim will be entertained by

IOCL.

4 1. Notwithstanding anything mentioned in the contract, Letter of Acceptance, BID

Documents or any correspondences, following clauses shall be applicable with respect to

Indian Income Tax including withholding tax.

2. The CONTRACTOR shall be exclusively responsible and liable to pay all income taxes

on any payments arising out of the Contract, whether payable in India or in any other

jurisdiction.

3. Any payment to non-resident or its permanent establishment (PE) in India which is

chargeable to tax in India attracts withholding tax in India under Income Tax Act, 1961 shall

be subject to provisions of Double Taxation Avoidance Agreement(DTAA) ,wherever

applicable, for withholding tax purposes only.

5 4. Contractor shall not include Withholding tax/Tax deductible at source in its quoted

price. Withholding Tax as applicable as per Indian Income Tax Act read with respective

Double Taxation Avoidance Agreement (hereinafter referred as “DTAA”) will be borne by

IOCL.

5. Notwithstanding Clause “3” above, where Contractor intends to obtain a Certificate of

Lower or NIL Withholding Tax/Tax deductible at source in terms of provisions of Indian

Income Tax Act, 1961 and rules made thereunder, Withholding tax/Tax deductible at source

will be deducted from amount payable under the contract as per Certificate issued by tax

authorities under Income Tax Act, 1961 and rules made thereunder and same shall not be

borne by IOCL.

6. In all cases whether Withholding tax/Tax deductible at source is borne by IOCL as

described in Clause “4” above or deducted from amount payable as per contract as described

in Clause “5” above, Certificate of Withholding tax/Tax deducted at source will be provided

by IOCL enabling contractor to claim credit of the same in their country of residence.

Annexure: I

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DETAILS WHICH SHOULD ACCOMPANY THE QUOTATION AGAINST OUR TENDER

Name of the Tenderer

Whether or Sole Trader / Partnerships/

Address of the Regd. Office

Private Ltd. Co. / Public Ltd. Co.

(Strike of whichever is not applicable)

Address of the Branch/ Office quoting

against the Tender)

Address of the Factory

Name and Address of the Proprietors / Partners / directors

Year of Establishment/

commencement Registration &

Date

Registration No.

1. Under companies Act

2. Small Scale Inds.

3. DGTD

Year of commencement

Capital Investment No. of Persons employed

Office :

Factory :

Range of Products /

Service

Production facilities available :

1. Installed Capacity(Per Annum)

2. Power availability

3. Machinery available

4. Raw material available and

source thereof.

}

}

}

Give details in separate

Sheet

Whether the item is completely If tenderer’s factory does

manufacture the item completely,

Give details in separate

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manufactured on Tenderer’s factory name of the sub contractors who

supply major components.

Sheet

Laboratory facilities available :

YES / NO

(Strike of whichever is not

applicable)

Testing facilities

Available

Whether there is an

BIS registration and if

so details thereof.

List of Large Companies/Public Sector undertaking / Oil companies to which the item(s)

quoted for have been supplied earlier with details of value of order any year of execution.

Whether the Product quoted for is covered by DGS & D rate contract? If so, give details of

rate contract. No. and Date and details or rates applicable under DGs & D rate contract (if

necessary use separate sheet).

Annual Turnover in the last 3 financial years. 2014 –2015 Rs.

2015 – 2016 Rs.

2016 – 2017 Rs.

Latest Income Tax Clearance Certificate/ Return (Assessment year 2016-17) :No. and date

(Photostat copy should accompany quotation):

Goods & Service Tax Registration No.:

Station :

Date : Seal :

Annexure:II

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DETAILS OF FIRM’S ADDRESS AND INSTALLED CAPACITY OF

TAMPER EVIDENT SEALS

Name of the Bidder _________________________________

Type of Firm _________________________________

(Sole Proprietorship/Partnership/ Pvt. Ltd. Co./ Public Ltd. Co.)

Address of the Registered Office (with

contact nos and email)

Address of the Branch

Office (with contact nos

and email)

Address of the Factory, where the

manufacturing of tamper evident seals

against this tender shall be carried out (with

contact nos and email)

Name ,address and contact no. and email address of the Proprietors/Partners/Directors:

(Please attach separate sheet if required)

Production facilities available:

1. Installed capacity (tamper evident seals) in numbers per annum :

2. Capacity already being utilized (tamper evident seals in numbers per annum) :

Location wise break up of installed capacity of tamper evident seals already committed/

being utilized elsewhere:

Name of Oil Co

(HPC / BPC / IOC)

Location tamper

evident

seals per

annum

Contract valid

upto

Work Order

Reference and

date

3. Balance Capacity available for the supply proposed under this contract (tamper evident seals

in numbers per annum) :

4. Whether the balance capacity available for supply to IOC under this contract meets

minimum requirement of 174.30 lacs per annum : YES / NO

Annexure: III

DECLARATION ON LETTER HEAD

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PROFORMA OF DECLARATIONS TO BE FURNISHED BY THE TENDERERS

D E C L A R A T I O N - `A' We declare that we have complied with the conditions of GCC & Purchase agreement Date: Place:

Tenderer’s signature

Seal

D E C L A R A T I O N - `B' We declare that we do not have any employee who is related to any officer of the Corporation/ Central/ State Governments of India.

OR We have the following employees working with us who are near relatives of the Officer/ Director of the Corporation/ Central/ State Government in India.

Name of the employee of the Tenderer Name & designation of the Officer of the Corporation/ Central/ State Governments

Date :

Place :

Tenderer’s Signature

Seal

D E C L A R A T I O N - `C'

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The Tenderer is required to state whether he is a relative of any Director of Indian Oil Corporation or the Tenderer is a firm in which any Director of our Corporation or his relative is a partner or any other partners of such a firm or alternately the Tenderer is a private company in which Director of Indian Oil Corporation is a member or Director.

S/N PARTICULARS DETAILS

1 Name of the Tenderer and his relations with the Director in our Corporation.

2 Name of the Director of the Corporation who is related to the Tenderer.

3 Name of the Director of the Corporation who is a member or a Director of the firm.

Date :

Place :

Tenderer’s Signature

Seal

DECLARATION – ‘D’ Tenderer is required to state whether they have employed any retired Director and above rank officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted.

S/N PARTICULARS DETAILS

1 Name of the person

2 Post last held in IOC

3 Date of retirement

4 Date of employment in the firm

Date : Place : Tenderer’s Signature Seal N.B. a) A separate sheet may be attached, if the above is not sufficient.

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b) Strike out whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee/s so appointed happens to be the near relatives of the Officer/Director of the Corporation/Central/State Governments, the tenderer should submit another declaration furnishing the name/s of such employee/s who is/are related to the officer/s of the Corporation/ Central/ State Governments.

c) List of Directors of IOC board is attached.

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LIST OF DIRECTORS OF INDIAN OIL CORPORATION LIMITED:E

1. Shri Sanjiv Singh Chairman Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

7. Dr.S.S.V. Ramakumar Director (R&D) Indian Oil Corporation Limited R&D Centre Sector 13 Faridabad-121 002. Haryana.

2. Shri A.K.Sharma Director (Finance) Indian Oil Corporation Limited Corporate Office Plot 3079/3, Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

8. Shri Ajay P. Sawhney, Additional Secretary, Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi – 110 001.

3. Shri Verghese Cherian Director (Human Resource) Indian Oil Corporation Limited Corporate Office Plot 3079/3 Sadiq Nagar J.B.Tito Marg New Delhi-110 049.

9. Shri Ashutosh Jindal Joint Secretary(M) Ministry of Petroleum & Natural Gas Shastri Bhavan New Delhi – 110 001.

4. Shri Anish Aggarwal Director (Pipelines) Indian Oil Corporation Limited A-1, Udyog Marg Sector-1 Noida-201 301.

10. Shri Subroto Bagchi Chairman Mindtree Ltd. Global Village, RVCE Post Mysore Road Bengaluru-560 059.

5. Shri B.S.Canth Director (Marketing) Indian Oil Corporation Limited (Marketing Division) IndianOil Bhavan, G-9, Ali Yavar Jung Marg Bandra (East) Mumbai – 400 051.

11. Shri Sanjay Kapoor SCO 3, First Floor, Sector 11, Panchkula-134 112. Haryana.

6. Shri G.K.Satish Director (Planning & Business Development) Indian Oil Corporation Limited IndianOil Bhavan No.1, Sri Aurobindo Marg Yusuf Sarai New Delhi-110 016.

12. Shri Parindu K.Bhagat A/F/1, Shapath Tower-IV Opp.Karnavati Club, Above Central Bank S.G.Highway Ahmedabad-380 015.

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Annexure:IV

DECLARATION ON LETTER HEAD

PROFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING In the case of a Proprietary concern : I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s.____________________ which is submitting the accompanying Bid / Tender nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Partner, are presently or have during the past three years, been placed on any Black List or Holiday List declared by Indian Oil Corporation Ltd. Or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, in respect of any corrupt or fraudulent practices(s) against me or any other of my proprietorship concern(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a partner, except as indicated below :

(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence thereof state “NIL”) In the case of a Partnership Firm : We hereby declare that neither we, M/s _____________________________________, submitting the accompanying Bid / Tender nor any partner involved in the said firm either in his individual capacity or as proprietor or partner of any other firm or concern presently are or within the past three years have been or has been placed on any Black List or Holiday List declared by Indian Oil Corporation Ltd. Or by any department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, nor there is any pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, in respect of corrupt or fraudulence practices(s) against us or any partner or any other concern or firm of which he is proprietor or partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing and / or inquiry and in absence thereof state “NIL”) In the case of Company: We hereby declare that neither we or a parent, subsidiary or other company under direct or indirect common parent (associate company) are presently nor have within the past three years been placed on any Holiday List or Black List declared by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country, and that there is no pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other country against us or a parent or subsidiary or associate company as aforesaid in India or in any other country, in respect of corrupt of fraudulent practice(s), except as indicated below:

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(Here give particulars of blacklisting or holiday listing and / or inquiry and in absence thereof state “NIL”) It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice to any other right or remedy (including black listing or holiday listing) available to Indian Oil Corporation Ltd.

Place : Signature of Bidder:

Date : Name of Signatory:

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Annexure: V

DECLARATION ON LETTER HEAD

UNDERTAKING FOR NON TAMPERING OF DATA

I/We have downloaded the entire tender documents from the internet site https://iocletenders.gov.in and I/we have not tampered / modified the tender forms in any manner and have uploaded the unhampered documents. In case, if the same is found to be tampered / modified, I / we understand that my / our tender will be summarily rejected and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doing business with and/or prosecuted. Signature & Seal of the Tenderer / Contractor / His/ Her Authorized Representative Date: Place

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Annexure: VI PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT

(To be executed on stamp paper of Rs:100.00)

Purchase Contract no: ________________________

Bank Guarantee : No.

___________________________

Date : ___________________________

Amount : ___________________________

Valid up to : ___________________________

1. In consideration of the INDIAN OIL CORPORATION LIMITED, having its Registered Office at

G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai- 400 051 (hereafter called “the

Corporation”) having agreed to exempt M/s. _________________________________

having its office at __________________ (hereinafter called “the said Sellers” ) from the

demand under the terms and conditions of a Purchase Contract No.

____________________ dated ___________ made between the Corporation and

______________________________ (hereinafter called “the said Agreement”), of Security

Deposit for the due fulfilment by “the said Seller” of the terms and conditions contained in

the said purchase order, on production of a bank Guarantee of Rs____________(Rs.

____________________________only). We,

_________________________________________ hereinafter referred to as “the Bank” (at

the request of M/s. _______________________________ (Seller) do hereby undertake to

pay to the Corporation an amount not exceeding Rs. _______ (Rs.

______________________________________________) against any loss or damage

caused to or suffered or would be caused to or suffered by the Corporation by Reason of

any breach by the said Vendors of any of the terms of conditions contained in the said

Purchase Contract Agreement.

2. We _____________________________________ (indicate name of the Bank) do hereby

undertake to pay the amounts due and payable under this guarantee without any demur,

merely on a demand from the Corporation stating that the amount claimed is due by way

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of loss or damage caused to or suffered by the Corporation by reason of breach by the said

Vendors of any of the terms or conditions contained in the said Purchase contract or by

reason of the sellers’s failure to perform the said purchase Contract. Any such demand

made on the Bank shall be conclusive as regards the amount due and payable by the Bank

under this guarantee. However, our liability under this guarantee shall be restricted to an

amount not exceeding Rs. __________ (Rupees

______________________________________________________only.)

3. We ____________________________ (indicate name of bank) undertake to pay to the

Corporation any money so demanded not withstanding any disputes raised by the Seller in

any suit or proceeding pending before any court of Tribunal or Arbitrator relating thereto

our liability under this present being absolute and unequivocal. The payment so made by

us under this bond shall be valid till discharge of our liability for payment there under and

the Sellers shall have no claim against us for making such payment.

4. We, ____________________________ (indicate name of the Bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that

would be taken for the performance of the said Purchase Contract and that it shall

continue to be enforceable till all the dues of the Corporation under or by virtue of the said

Purchase Contract have been fully paid and its claims satisfied or discharged or till the

Corporation certifies that the terms and conditions of the said Purchase Contract have

been fully and properly carried out by the said Seller and accordingly discharge this

guarantee. Unless a demand or claim under this guarantee is made on us in writing on or

before __________________we shall be discharged from all liability under this guarantee

thereafter.

5. We, ___________________________ (indicate name of the Bank) further agree with the

Corporation that the Corporation shall have the fullest liberty without our consent and

without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said Purchase Contract or to extend time of performance by the said

Seller from time to time or to postpone for any time or from time to time any of the

powers exercisable by the Corporation against the said Seller and to forebear or enforce

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any of the terms and conditions relating to the said Purchase Contract and shall not be

relieved from our liability by reasons of any such variation, or extension being granted to

the said Seller or for any forbearance act or omission on the part of the Corporation or any

indulgence by the Corporation to the said Seller or by any such matter or thing whatsoever

which under the law relating to sureties would but for this provisions have effect of so

relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or

the Seller.

7. We, ____________________________ (indicate name of the Bank) lastly undertake not to

revoke this guarantee during its currency except with previous consent of the Corporation

in writing.

Dated the ___________________ day of ____________20

For_____________________________________________ (Indicate the name and address of the Bank)

DATE: SEAL: PLACE:

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Annexure:VII

PROFORMA OF PERFORMANCE BANK GUARANTEE (To be executed on stamp paper of Rs:100.00)

Purchase Order No. & Date: __________________________ Bank Guarantee No.:_________________________________ Dated :______________________________________________ Amount Rs.:_________________________________________ Valid upto :__________________________________________

Indian Oil Corporation Ltd., ___________________________ ___________________________ ___________________________ ___________________________ Dear Sir, 1. WHEREAS Indian Oil Corporation Limited having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai – 51 (hereinafter called the ‘CORPORATION’ which expression shall include its successors, assigns) has placed a Purchase Order No._________________________ dtd.____________ on M/s. ___________________________________________________________ having its Registered Office at __________________________________________________________________ _______________ (hereinafter called ‘ the Supplier’ which expression shall in so far as the context admits include their successors and assigns) for the purchase of ____________________________ on terms and conditions mentioned in the said Purchase Order. 2. AND WHEREAS in terms of Clause No. _____ of the said Purchase Order the Suppliers are

required to submit a Bank Guarantee for 10% of the Supply items value amounting to Rs. _________________ towards the performance of the units during the warranty period spelt out in the said order :

3 AND WHEREAS we _________________________ _____ the Bank (hereinafter called the

‘Bank’ which expression shall include its successors assigns) on the request made by the suppliers have agreed to give the required Bank Guarantee aforesaid.

NOW THIS INDENTURE WITNESSETH that it is agreed by and between the parties hereto as follows: a. We, the Bank so as to bind ourselves and our successors and assigns do hereby irrevocably

undertake and guarantee performance of the units that may be supplied by the suppliers

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under the above said Purchase Order and do hereby irrevocably undertake to pay to you on demand in writing without demur and without reference to the Suppliers all and any sums of money at any time or from time to time demanded by you upto an aggregate limit of Rs._______________ which being the 10% value of supply items of the above said Purchase Order if all or any of the Units that may be supplied by the Suppliers fails in their warranty period mentioned in the Contract.

b. We, further, agree that the guarantee herein contained shall remain in full force and effect

upto and until the date of completion of the warranty period mentioned in the Contract which is 12 months from the date of commissioning or 12 months from date of shipment whichever is earlier, provided always that notwithstanding anything heretofore contained the liability of the Bank hereunder shall remain valid till ________________________ after which date it will automatically lapse unless a demand is made by the Corporation before that date.

c. Although as between the Bank and Suppliers the Bank is the guarantor only, the Bank

agrees and confirms that as between itself and the Corporation, the bank shall be primarily liable for the payment of the amount/s that may be claimed by the Corporation by virtue of this guarantee and that the Bank shall be treated as the principal debtor.

d. We further agree that the Corporation shall have the fullest liberty without affecting in any

manner our obligations hereunder and without reference to us to vary any of the terms and conditions of the said Contract and / or to extend time of performance by the Suppliers from time to time or to postpone for any time or from time to time any of the obligations of the Suppliers or powers exercisable by the Corporation against the Supplier and / or forbear to force any of the terms and conditions of or relating to the said Contract and that we shall not be released from our liability under this Guarantee / Undertaking by reasons of any such variation or extension being granted to the said Supplier or for any forbearance and/or omission on the part of the Corporation or any indulgence by the Corporation to the Supplier.

e. The Bank will not be entitled to any of the rights conferred on Sureties by Sections

133,134,135,139 and 141 of the Indian Contract Act,1872. f. The Bank will not require any proof or judgement, document, decree or any direction from

any Court/Arbitrator or otherwise to substantiate the claims of the Corporation against the Suppliers. The right of the Corporation under this Guarantee will not be affected by reason of any pending proceeding before any court or Arbitrator.

g. Notwithstanding anything contained herein before our liability under this Guarantee is

restricted to Rs.__________________. h. We further agree that this Guarantee shall not be affected by any change in the

Constitution of the Bank or the Suppliers. Signed this ________________day of ___________________

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Yours faithfully, For ________________________________________________ Bank Signature _______________________________________________ Specimen signature No. ___________________________________

Name & Designation ______________________________________

____________________________________

Name of the Branch ______________________________________

____________________________________

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ANNEXURE- VIII

(On non-judicial stamp paper of Rs.100/-)

AGREEMENT FOR SUPPLY OF TAMPER EVIDENT SEALS

Articles of agreement made at ________ this _____________day of____________ Two Thousand and

three between the INDIAN OIL CORPORATION LIMITED, CORPORATION incorporated under the Indian

Companies Act I of 1956, being an Undertaking of the Government of India and having its Registered

Office at G-9, Ali Yavar Jung Marg, Bandra(East), Mumbai-400 051, hereinafter referred to as "The

Corporation" (which expression shall include its successors and assigns in law) of the One part and M/s

_____________________________ Sole Proprietorship firm/ Partnership Firm registered under the

Indian Partnership Act I of 1932/a Public / Private Limited Company registered under the Companies

Act I, 1956 and having its office at _________________________ ______________________________

hereinafter called "The Seller" (which expression shall mean and include, if the context so admits, the

partners or partner for the time being of the Firm and their or his respective heirs, executors and

administrators / its successors and assigns in law) of the Other part.

WHEREAS

a. The Corporation needs Tamper Evident Seals for LPG cylinders and the Seller is in a position to

manufacture and supply the same; and

b. The Seller has agreed with the Corporation for the supply Tamper Evident Seals specified in the

Purchase Order bearing No._________________________ dt ___________ placed by the Corporation

on the Seller (hereinafter referred to as "Purchase Order") upon certain terms and conditions

hereinafter provided, with the validity period.

c. The parties are desirous of reducing in writing the terms and conditions of the said Contract under

which the Sellers have agreed to the supply of said Tamper Evident Seals.

NOW THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. TAMPER EVIDENT SEALS TO BE SUPPLIED :

The Seller shall duly supply the said TAMPER EVIDENT SEALS for LPG Cylinders to the Corporation as per

the description, design, quantity and rates specified in the said Purchase Order placed by the

Corporation on the Seller.

2. A. SECURITY DEPOSIT

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a. The successful tenderer shall within 14 days from the date of receipt Letter of Intent (LOI) have to make payment against Security Deposit.

b. SECURITY DEPOSIT IS PAYABLE AT OUR STATE OFFICE AT BHUBANESHWAR.

c. The Security Deposit amount shall be equivalent to 5% of the value of the Order or Rs. 1,00,000/- (Rs. One Lac Only), whichever is less & to be deposited in any of the following manner.

Security deposit would be made by Pay order / Demand Draft on Scheduled Bank. The Pay order / Demand Draft should be in favour of 'Indian Oil Corporation Limited (Marketing Division)' payable at Guwahati. Outstation Pay order / DD will not be acceptable.

d. Bank Guarantee as an instrument towards Security Deposit shall be accepted. Bank Guarantee is to be

executed by Nationalised / Scheduled Bank towards SD and should be valid for the completion period of supply plus 6(six) months. If needed, validity of BG should be extended by the party / Bank. Such BG should be submitted in a sealed envelope of the issuing Bank and should not be in open condition. The proforma for BG for Security Deposit is enclosed.

e. No claim shall lie against the Corporation in respect of interest on Cash deposit or Depreciation thereof.

The Corporation shall be entitled to deduct from the deposit any loss or damage which the Corporation may be put to by reason of any act or default recoverable by the Corporation from the vendor and to call upon the vendor to maintain the deposit at the original limit by making further deposits.

f. In the event of the vendor failing to make and maintain a security deposit in the manner aforesaid be liable to forfeit any moneys lost with the tender by him and the Corporation shall be entitled to cancel acceptance of the Tender.

g. Option of one of the above methods for Security Deposit once exercised should under no circumstances be changed later on.

h. The Security Deposit shall be refunded after 6 months of the completion period of the contract.

i. Forfeiture of Security Deposit - All sums of compensation or other sums of money payable by the vendor may be deducted from SD. In the event of SD being reduced from the original quantum due to recoveries as aforesaid the vendor shall within 15 days of recoveries, make good of the deficiency in SD either by cash or by way of Demand Draft. In case vendor withdrawing during the contract period then SD will be forfeited. 2. B. Performance Guarantee to be furnished by all vendors .

i. Before commencement of supply of the material, by way of Bank Guarantee, the vendor shall

guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements and specifications agreed upon and that the same shall be free from any defects.

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ii. The Vendor will guarantee that all materials shall be replaced as the case may be at his own expenses in case the same have been found to be defective in respect of materials, within a period of 12months from the date of use or 12 months from the date of dispatch whichever is earlier.

iii. The guarantee period for the part that may be replaced shall be 12 months from the date on which the same is put in use.

iv. Acceptance by the Corporation or its inspectors of any material or its replacement (if applicable) will not relieve the Vendor of its responsibility of supplying the materials strictly according to the specification and according to the guarantees agreed by the Vendor.

v. The vendor shall furnish Performance Bank Guarantee for 10% value of the Purchase Order before

commencement of supply. This Bank Guarantee shall remain in force for for a period of six(6)

months beyond the validity of work order . It will be responsibility of the Vendor to keep the Bank

Guarantee fully subscribed. The Vendor shall make up any shortfall in the value of the Bank

Guarantee as a result of encashment by the Corporation either in full or in part in terms of the

Performance Guarantee within one week thereof. Such BG should be submitted in a sealed

envelope of the issuing Bank and should not be in open condition.

3. SPECIFICATION

As per the specifications/ drawings given in the tender document and Technology Report.

4. PRICE Vendors should quote their lowest and firm price which shall remain firm when order is placed and until satisfactory completion of the order, The rate should be quoted @ net delivered price i.e ex Bidders works loaded on a the trucks/F.O.R/nearest railway station free delivery at our plants, inclusive of freight element for the delivery by road through bank approved transporter to IOCL locations as given in the tender document. Current GST should be separately mentioned in your offer. The price should be firm and irrevocable and not subject to any change whatsoever even due to increase in cost of materials, components and labour cost till the completion of the order. However, any increase/decrease in statutory levies during the scheduled delivery period on finished materials will be on IOC’s account. For this purpose ,GST etc as prevalent on the date of quotation will have to be quoted in the bid. Vendors should quote their lowest net delivered price without any escalation clause. The rates quoted should not have any quantity restriction. If the price is linked with the order quantities, the tender is liable to be rejected. No upward revision of rates will be accepted after opening of the tender. If the tenderer fails to accept the purchase order placed at his originally quoted rates or subsequently negotiated rates as the case may be the earnest money deposit shall be forfeited.

The quoted rates should be exclusive of GST. However, bidder must quote GST for arriving at final quoted price. 5. FREIGHT

Rate quoted should be inclusive of loading, packing, freight, Transit insurance charges, unloading etc.

6. VALIDITY

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The rates quoted against this Tender shall be valid for a period of 180 days from the date of opening of the Tender

and once the quotation is accepted and the order placed on the successful tenderer, the rates shall be valid for the

entire ordered quantity.

7. QUANTITY

Corporation reserves its right to increase / decrease the quantities indicated in the tender. The Corporation also

reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reason.

The Corporation is not bound to accept the lowest rate for any tender and reserves the right to accept one or more

tenders in part.

The Corporation also reserves its right to allow Public Enterprises (Central/ State) price/ purchase/ contract/ service

preference as admissible under the existing Government Policy. The decision of the Corporation in this connection

will be final.

8. INSURANCE

Insurance shall be to supplier’s account as supply is on door delivery basis. The materials will be dispatched to the

location duly insured by the vendor. LR particulars to be informed to the consignee location by telegram/ fax. The

receiving locations will inspect the goods and inform the Tenderers the details of breakage/ damage if any, to enable

the Tenderers to lodge a claim with Insurance Company.

9. DISCUSSIONS/ NEGOTIATIONS

The Corporation reserves the right to negotiate with the Tenderers. In the event of negotiations, the tenderer will be

required to confirm the negotiation in writing within the time stipulated. If the Tenderer fails to comply with this

requirement, the Corporation reserves its right to ignore his quotation at its discretion.

10. PAYMENT

Payment against the bills shall be made only after confirmation of receipt of material in good condition generally within 30 days

from receipt of bills. Payments will be made by the respective Plant Managers.The following documents as applicable are to be

submitted with the Invoice: -

1. Invoice in triplicate

2. LR / GCN / Way Bill etc. in triplicate.

3. Delivery Challan in triplicate.

4. Guarantee, Warranty Certificate in triplicate.

5. Packing List in triplicate.

6. Inspection Report / Release Note in triplicate.

7. Any other relevant document.

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11. RISK PURCHASE

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

fails to comply with the delivery schedule and other terms and conditions or the purchase

order. IOC also reserves the right to purchase the same or similar material through other

sources at the entire risk, cost and consequences of the vendor. This clause is without prejudice

to our liquidated damages clause given below.

12. LIQUIDATED DAMAGES

Vendor will have to pay to the Corporation by way of liquidated damages and not as penalty,

an amount equal to 1% of the contracted price of the material so delayed for each week or part

thereof of such delay in delivery subject to a maximum 10% of such price. For the purpose of

calculating liquidated damages, date of receipt will be taken as date of supply.

13. FORCE MAJEURE CONDITIONS

Delivery of the material is subject to force majeure conditions as under:

If, at any time, during the continuance of the contract, the performance in whole or part by

either party of any obligation under the contract shall be prevented or delayed by reasons of

any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions,

epidemics, quarantine, restrictions, strike, lock-outs or acts of God (hereinafter referred as

“events”), then provided notice of the happening of any such events is given by either party to

the other within twenty one days from the date of occurrence thereof, neither party shall be

reasons of such events, be entitled to terminate the contract nor shall either party have any

claim for damages against the other in respect of such non-performance or delay in

performance and deliveries under the contract shall be resumed as soon as practicable, after

such events have come to an end or ceased to exist, and decision of the Director (Mktg), Indian

Oil Corporation Ltd., (Marketing Division) as to whether the deliveries have been so resumed or

not, shall be final and conclusive provided further that if the performance in whole or part or

any obligation under this contract is prevented or delayed by reasons of any such event for

period exceeding 60 days, either party may at its option terminate the agreement.

14. CANCELLATION/ TERMINATION

Corporation reserved the right to cancel the contract forthwith upon or any time after the

happening of any of the following events viz.

a) If the Tenderer shall commit a breach of any of the terms and conditions of Tender and

fail to remedy such breach within fifteen days of the receipt of the written notice from

us in regard thereto.

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b) i) On the death of adjudication as insolvent of the Tenderer if he be an individual.

ii) Liquidation whether voluntarily or otherwise on the passing of an effective

resolution for winding up the Tenderer if it be a company.

c) If the attachment is levied or continued to be levied for a period of seven days upon

the effects of the Tenderer or of any individual or partners of the tenderer firm.

d) If the Tenderer does not adhere to the instructions which may be issued from time to

time by us in connection with the manufacture of the material, our right to so

terminate the contract shall be without prejudice to any of our other rights & remedies

against the tenderer and in the event of our so terminating the contract, we shall not

be liable to pay for any lose or compensation in respect of such termination.

15. ASSIGNMENT/ SUB – CONTRACTING

The seller shall not sublet the contract or assign any part of the Corporation’s order to any

person/firm/company without the Corporation’s written consent.

16. GUARANTEE

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

vendor within the warranty period mentioned below.

If in the physical test, it is found that the samples are not meeting the requirements viz.

average weights, dimensions etc the manufacturer shall be informed for joint inspection and

once it is established that the Tamper Evident Seals are not meeting the requirement for

average weights, dimensions etc. then the entire supplies/ lot should be rejected. The Plant

shall deshape such defective material to render it unusable. The Corporation shall recover cost

of material so rejected, from the successful tenderer’s pending bills/ Security Deposit cum

Performance Guarantee. Scrap generated by deshaping the rejected material shall not be

returned to the supplier and no cost benefit/ adjustment will be available to the supplier on

account of the same.

Corporation reserves the right to get the seals tested at LPG Equipment Research Centre,

Bangalore for conformity to drawing and specification. Test results given by LERC will be

considered as authentic and binding on the party.

17. WARRANTY

Within a period of 12 months from the date of use or 12 months from the date of dispatch whichever is earlier.

The above guarantee/ warranty will be without prejudice to the certificate of inspection or

Material Receipt Note issued by us in respect of the materials.

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18. RAW MATERIALS

Raw materials required for manufacture of tender product will have to be procured by the

successful tenderer at their own cost. Any delay in procuring raw materials shall not entitle the

party to postpone the deliveries as per schedule.

19 AGREEMENT

The successful Tenderer shall conclude a stamped agreement with IOC. Copy of the Agreement

is enclosed. The intending vendor should acquaint themselves with the provisions of standard

agreement before quoting.

20. ARBITRATION

In case of any dispute or difference arising out of contract, the matter shall be referred to the

sole arbitration of an officer of the Corporation nominated by the Director (Marketing) of the

Corporation whose decision will be final and binding on both the parties.

21. IMPORT LICENSE

IOC will not provide import license/ foreign exchange for the import of any materials. It will be

the responsibility of vendor to arrange for the same whenever and wherever required.

22. PACKING AND DESPATCH

The material should be packed and crated appropriately with necessary packing materials to

withstand all transit hazards.

Along with materials, the following documents should be packed and despatched :-

a) Operating and maintenance instruction to users.

b) Guarantee Certificate for supplied materials.

c) Inspection Release Certificates / Report.

23. VALIDITY OF RATES AFTER PLACEMENT OF ORDER (OPTIONAL/ REPEAT ORDER)

Indian oil Corporation Ltd. at its option may consider placement of repeat order on the party at

same rates, terms & conditions for a further quantity upto 100% of the original ordered

quantity within six months from date of original order on Mutual consent. The terms and

conditions are given below:

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a. The delivery period for the option order shall not be more than the delivery period

quoted in the original order.

b. Destination for the optional quantity may be other than the specified in original order

depending on the actual location where material is to be supplied. Freight charges to

be mutually agreed upon.

c. Other terms and conditions as per the original order tender conditions.

24. ACCEPTANCE OF PURCHASE ORDER BY VENDOR

After communication of the Corporation’s acceptance of the Vendor’s tender, if the vendor fails

to return the duplicate copy of the Purchase Order & the Agreement duly signed in token of

their acceptance within 15 days the EMD deposited may be forfeited by the Corporation,

without any further reference to the vendor and further action as per tender terms &

conditions shall be taken.

25. SCOPE OF SUPPLY

Supply of Tamper Evident Seals for LPG cylinders as per enclosed drawing and specifications.

Name of the plant to be prominently mentioned on the packing carton for identification .

26. CAPACITY FOR MANUFACTURE & SUPPLY OF TAMPER EVIDENT SEALS AGAINST THIS TENDER :

a) Tenderer should offer a minimum manufacturing capacity, available for this tender,

equivalent to 25%, ie, 123.70 lacs p.a Tamper Evident Seals of our total requirement of

494.80 lacs p.a. Tamper Evident Seals. If the tenderer quotes without offering the

above mentioned minimum capacity , then such quotations are liable to be rejected

b) Tenderers should furnish the following details:

I) INSTALLED CAPACITY (PER ANNUM) : _____________

II) PRODUCTION CAPACITY (PER ANNUM) : _____________

III) CAPACITY EAR-MARKED AGAINST THIS TENDER (PER ANNUM, FOR THE TOTAL

DELIVERY PERIOD) : ___________

27. VALIDITY OF RATES AFTER PLACEMENT OF ORDER :

The rates finalised in this tender will be firm for a period of two years from the date of

placement of Order or till the supply of total quantity against Purchase Order has been

completed by the vendor, whichever is later. No escalation/ de-escalation will be permitted on

any account of whatsoever.

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The tenders of those bidders who have quoted abnormally low prices are liable to be rejected.

28. Quantity that can be supplied per annum should be clearly indicated in your offer.

29. The quantity to be supplied per month given in “DELIVERY SCHEDULE” of the tender document

shall be binding on the supplier.

30. Unsolicited/ conditional discounts if offered by any party will not be considered and parties

offering such unsolicited discounts are liable to be rejected.

31. Tender shall be evaluated as per Tender Evaluation Criteria.

32. DELIVERY SCHEDULE

Monthwise locationwise delivery schedule for supply of TAMPER EVIDENT SEALS will be given

at the time of placement of Purchase Order. The party should strictly adhere to the delivery

schedule. If Seller fails to adhere to the said delivery schedule, Liquidated Damages clause will

apply. The Corporation may purely at its discretion (Without being bound to do so) may allow

the Seller from time to time to make up the shortfall that occurred in the delivery of TAMPER

EVIDENT SEALS (agreed to be made as per the delivery schedule), in the succeeding quarter of

the contracted period subject to the Liquidated Damages clause. Notwithstanding anything to

the contrary contained in any of the provisions of this agreement, the Corporation from time to

time shall have the right purely at its discretion to prune the quantity of TAMPER EVIDENT

SEALS short supplied from the total contracted quantity without prejudice to the right of the

Corporation to determine, claim and recover damages from the seller and source the required

quantity of seals from alternative sources. In case the party fails to supply Heat Shrinkable Pre-

formed TAMPER EVIDENT SEALS for the first quarter after the issue of P.O and payment of

security deposit, Corporation reserve the right to forfeit the Security Deposit.

33. QUANTITY

However, IOC reserves the right to cancel/ reduce the ordered quantity/ies, reallocate the

ordered quantities among the plants & change the delivery schedule at any time at its own

discretion.

34. PACKING & DESPATCH

250 nos. of rolls containing 100 pieces of Tamper Evident Seals each shall be placed in a strong

cardboard carton. Thus each carton will be containing 25000 pieces of Tamper Evident Seals.

The packing should be adequate to withstand handling and transit damage during

transportation by road. One carton should contain Tamper Evident Seals for only one specific

plant. Tamper Evident Seals for different plants should not be put in the same carton. Boxes

should be pasted with 25 cm x 20 cm labels with following information on all sides and top:

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Name of the Plant

Consignee’s Name and Address

Sellers Name/ address

Item, quality, Batch No.

Gross weight

All the Tamper Evident Seals will be despatched by the seller by road on freight prepaid basis.

The consignments shall be sent on door delivery basis. Immediately on despatch, the seller

shall send GCN directly to the consignee by the Registered A/D under intimation to Regional

Office. The Seller will undertake transportation of Tamper Evident Seals on behalf of the

corporation through established and reliable common carrier lorries.

35. RAW MATERIAL

In respect of the components which are required for the manufacture of Tamper Evident Seals

the Seller shall from time to time during the currency of this contract inform the Corporation,

the list of such item including the names and addresses of the supplier of such items and the

measures taken for ascertaining the quality assurance of such items. The seller shall be

responsible for procurement of all essential raw materials for manufacture of Tamper Evident

Seals to suit the delivery committed to IOC. Any delay in procuring the raw materials shall not

entitle the seller to postpone the committed delivery schedule.

36. COMPOSITION OF TAMPER EVIDENT SEALS COMPOUND

Composition of the raw material has been specified in the enclosed drawing and specification.

The composition including pigment added / mineral(s) used for filling as per the specification or

changes, if any, adopted as per the mutual agreement between the successful tenderer and the

Corporation shall be maintained as business secret between the Corporation and the supplier.

The successful tenderer is bound to maintain secrecy of the composition of Tamper Evident

Seals compound. Violation of this requirement will lead to cancellation of the purchase order.

37. QUALITY CONTROL

The seller shall adhere to the quality control/inspection procedure laid down by the corporation

for Tamper Evident Seals. Supply of Tamper Evident Seals should be thoroughly inspected and

tested by the tenderer prior to despatch to ensure that they confirm to the specification of the

corporation.

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Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date and

date of packing to be sent along with the material. Each and every carton should contain this

quality assurance certificate.

38. INSPECTION

On receipt of each consignment at the location, random samples will be drawn and verified for

correctness. If the samples are found acceptable, the Plant will certify accordingly. If the

samples do not pass the above preliminary test, the particular consignment will be frozen and

the sample shall be drawn again and sent to LPG Equipment Research Centre (LERC) Bangalore

for testing with reference to drawing and specification. If the samples fail the test of LERC, the

manufacturer shall be intimated in writing by the Plant / Regional Office and procedures as

indicated under Guarantee / Warrantee clause shall be applicable.

39. EXECUTION OF SUPPLY

The sellers shall abide by the rules, regulation, Bye –laws and statutory requirements etc.

imposed by the Govt./ Semi-govt. and other local bodies such as Municipalities etc. for the

execution of this order.

40. COMMENCEMENT OF THE ORDER

Supply shall be commenced at the earliest so as to ensure that at least 50% of the quarter’s

(March’ 2018- May’18) allocation is reached to the respective LPG bottling plant within 30

days of the date of placement of order; balance quantities towards the requirement of

quarter (March’ 2018- May,18) may be positioned at the respective LPG Bottling plants within

next 25 days of first delivery. It is suggested that the manufacturers should get their Seals

tested by LERC, Bangalore before dispatching to the locations. Samples should be submitted

free of cost and as per directions of Chief Manager (LPG-ED), HO for obtaining prior approval

well in advance for clearance towards commencement of supplies as per schedule. In case of

samples found not meeting the specifications, corrective actions will have to be taken by

manufacturer and repeat samples to be submitted for clearance.

41. FAILURE IN MAKING SUPPLIES

In case of failure by a party in meeting the supply schedule as laid down in the Purchase Order,

IOC reserves the right to procure the quantities from other manufacturers at his risk & cost.

42. DETAILS OF PLANT / MACHINERY

Tenderers should furnish particulars of their factory or workshop including location and

machinery installed therein with the capacity for fabrication of these materials in the format

enclosed along with this tender.

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43. QUALITY CONTROL

The seller shall adhere the quality control/inspection procedure laid down by the corporation

for TAMPER EVIDENT SEALS. Supply of TAMPER EVIDENT SERALS should be thoroughly

inspected and tested by the tenderer prior to despatch to ensure that they confirm to the

specification of the corporation.

Quality assurance cum test certificate with serial numbers, Batch Nos. manufacturing date and

date of packing to be sent along with the material. Each and every carton should contain this

quality assurance certificate.

44. INSPECTION

On receipt of each consignment at the location, random samples will be drawn and verified for

correctness. If the samples are found acceptable, the Plant will certify accordingly. If the

samples do not pass the above preliminary test, the particular consignment will be frozen and

the sample shall be drawn again and sent to LPG Equipment Research Centre (LERC) Bangalore

for testing with reference to drawing and specification. If the samples fail the test of LERC, the

manufacturer shall be intimated in writing by the Plant / Regional Office and procedures as

indicated under Guarantee / Warrantee clause shall be applicable

45. SET OFF:

Any sum of money due and payable to the Seller (including the Security Deposit returnable to

him) under the Contract, may be appropriated by the Corporation against any claim of the

Corporation arising under the Contract against the Seller.

46. ACQUIESCENCE OR WAIVER:

Any acquiescence or waiver by the Corporation of any delay, breach or default committed by

the Seller shall not be deemed to be or considered as estoppels against the Corporation nor

prevent the Corporation from exercising any of its rights under any of the provisions of this

Agreement.

47. ARBITRATION:

This agreement is subject to arbitration and conciliation act 1996. It is known to the parties

herein that the arbitrator appointed hereunder is an employee of the corporation and he is a

shareholder of the Corporation.

a. Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-

claim or set-off or regarding any right, liability act, omission or account of any of the

parties hereto arising out of or in relation to this agreement shall be referred to the

sole arbitration of the Director (Marketing) of the Corporation, who may either himself

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act as the Arbitrator or nominate some other Officer of the Corporation to act as the

Arbitrator. The Seller will not be entitled to raise any objection to any such arbitrator

on the ground that the Arbitrator is an Officer of the Corporation.

b. In the event of the Arbitrator to whom the matter is originally referred to being

transferred, he shall be entitled to continue with the Arbitration proceedings

notwithstanding his transfer, unless the Director (Marketing) at the time of such

transfer or at any time thereafter, designate another person to act as Arbitrator in his

place in accordance with the terms of this agreement.

c. In the event of the Arbitrator, to whom the matter is originally referred to, vacating his

office or being unable to act for any reason, the Director (Marketing) at the time of

vacation of office or inability or refusal to act, shall designate another person to act as

arbitrator in accordance with the terms of this agreement.

d. The Arbitrator newly appointed by the Director (Marketing) under Clause (b) or under

Clause (c) above shall be entitled to proceed with the reference from the point at which

it was left by his predecessor.

e. It is an express term of this contract that no person other than the Director (Marketing)

or a person nominated by such Director (Marketing) of the Corporation as aforesaid

shall act as Arbitrator hereunder. If for any reason Director (Marketing) is unable or

unwilling or refuses or fails to act as Arbitrator or nominate an Arbitrator then the

matter in dispute shall not be referred to Arbitration at all.

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

parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any

statutory modification or re-enactment thereof and the rules made thereunder for the

time being in force shall apply to the arbitration Proceedings under this clause.

g. The Award shall be made in writing and published by the Arbitrator within two years

after entering upon the reference or within such extended time not exceeding and

further one year as the parties shall be writing agree.

The parties hereto shall be deemed to have irrevocably given their consent to the

Arbitrator to make and publish the award within the period referred to here-in-above

and shall not be entitled to raise any objection or protest thereto under any

circumstances whatsoever.

The arbitrator shall have power to order and direct either of the parties to abide by,

observe and perform all such directions as the arbitrator may think fit having regard to

the matters in difference i.e dispute before him. The arbitrator shall have all summary

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powers and may take such evidence oral and/or documentary as the arbitrator in his

absolute discretion thinks fit and shall be entitled to exercise all powers under the

Indian Arbitration Act, 1940 including admission of any affidavit as evidence concerning

the matter in difference i.e dispute before him.

h. The party against whom the arbitration proceedings have been initiated, that is to say,

the Respondent in the proceeding, shall be entitled to prefer a cross-claim, counter-

claim or set off before the arbitrator in respect of any matter in issue arising out of or

in relation to the agreement without seeking a formal reference for arbitration to the

Director (Marketing) for such counter-claim, cross-claim or set off and the arbitrator

shall be entitled to consider and deal with the same as if the matters arising therefrom

have been referred to him originally and deemed to form part of the reference made

by the Director (Marketing).

i. The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineer

or other technical person to assist him and to act on the opinion taken from such

person.

j. The arbitrator shall have power to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled to

make separate awards in respect of claims or cross-claims of the parties

k. The arbitrator shall be entitled to direct anyone of the parties to pay the costs of the

other party in such manner and to such extent as the Arbitrator may in his discretion

determine and shall also be entitled to require one or both the parties to deposit funds

in such proportion to meet the Arbitrator’s expenses whenever called upon to do so.

48. JURISDICTION:The parties hereby agree that the courts in the city of Guwahati alone

shall have jurisdiction to entertain any application or other proceedings in respect of anything

arising under this Agreement and any award or awards made by the sole arbitrator hereunder

shall be filed in the concerned courts in the aforesaid city only.

49. OTHER CONDITIONS

i. Bills for supplies made are to submitted in triplicate along with receipted challans to

our Plant Managers at the aforementioned locations.

ii. IOC has the right to:

a. Split the quantity between / amongst two / more than two parties

b. To accept / reject any tender or to cancel subject tender at any time without

assigning any reason.

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iii. Complete tender along with its enclosures duly signed & UPLOADED without

incorporating any changes whatsoever & giving your acceptance for agreeing to all the

tender conditions in toto is to be submitted by the due date.

The above-mentioned terms and conditions are acceptable to us.

IN WITNESSES WHEREOF the said parties have hereunto set their hands the day Month and year first

hereinabove written.

SIGNED by Indian Oil Corporation Ltd.,

by Shri______________________

Its Constituted Attorney in the presence of

SIGNED by M/S

(SELLER) BY its Partner/Constituted Attorney in the presence of

Witness : 1. Name : Sign : 2. Name : Sign :

ANNEXURE-IX (TO BE EXECUTED ON RS.100/-STAMP PAPER & NOTORISED)

INDEMNITY BOND / UNDERTAKING

From

M/s. __________________________

______________________________

______________________________

______________________________

To,

M/s. Indian Oil Corporation Limited

______________________________

______________________________

______________________________

THIS INDEMNITY BOND / UNDERTAKING executed at --------------------- this ------------- day ---------- 2015 by M/s ---------------------------------------------------------------------------------- hereinafter called the ‘Manufacturer’ (which expression and shall mean and

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include, if the context so admits, the partners or partner for the time being of the firm and their or his respective heirs, executors and administrators / its successors and assign in law) in favor of M/s Indian Oil Corporation Limited, --------------------------------------------------------------------------------------------------------------------------------------. Hereinafter called " IOCL" (which expression shall include its successors and assigns in law).

WHEREAS the Manufacturer, M/s ----------------------------- is interested to manufacture for

Indian Oil, Rigid PVC Tamper evident seals, as per LERC ( A Joint undertaking of IOCL, BPCL & HPCL) developed formulation & Manufacturing Technology and specifications, and is desirous of participating in IOCL E-Tender for the commercial manufacture and supply of Rigid PVC Tamper evident seals to IOCL, as per LERC developed formulation & Manufacturing Technology and specifications , at their manufacturing unit located at ------------------------------------------- vide reference No.-------------------------------- dated ---------------------- AND WHEREAS Indian Oil Corporation Limited has agreed to provide to M/s --------------------- the LERC’s RPVC formulation details of tamper evident shrink seal & Manufacturing Technology document of the same to Manufacturer for participating in the E-tender for the commercial manufacture of Rigid PVC Tamper evident shrink seal upon certain terms and conditions provided in the Indemnity bond, which are to be abided by the Manufacturer.

IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND / UNDERTAKING by the manufacturer to indemnify and keep indemnified IOCL as stated hereinafter:

The Manufacturer hereby agree, confirm and declare that they have fully complied / will comply with the provisions of various laws and that no violation of any of the provisions has been done by them and in the event of any past or future violation of the provisions of various laws, the Manufacturer shall indemnify and keep IOCL duly indemnified against all losses, damages, costs, charges, expenses, penalties, suits are proceedings which IOCL may incur, suffer or be put to.

I, Mr. -----------------------------, proprietor/ partner of M/s.----------------------------,

manufacturing unit located at ------------------------------------------------------------------

(INDIA) hereby confirm that the “Technology Report on Tamper Evident Seal” of LERC

supplied by IOCL to us pursuant to this Agreement, shall be between IOCL and M/s -------

----------------------- and be regarded as the proprietary information of IOCL. LERC,

Bangalore has developed the RPVC formulation for Tamper evident shrink seal for LPG

cylinder and have applied for Indian patent. Hence, the proprietorship and all Intellectual

Property Rights in any Improvement(s) in the Technology / Formulation shall vest in IOCL&

LERC.

I, Mr. --------------------, proprietor / partner of M/s.---------------------------- , hereby confirm

and state that I shall at all the times treat as strictly confidential the LERC’s Rigid PVC

formulation & Manufacturing Technical Information for Rigid PVC Tamper evident shrink

seal and improvements with respect to the PRODUCT disclosed by IOCL and undertakes

not in any manner to duplicate or to disclose the same or publish or apply the same for any

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purpose other than purposes and also in the event of becoming non successful bidder in this

IOCL tender and in accordance with terms and conditions herein specified, and even so,

strictly only to those of its personnel, consultants and suppliers to whom such disclosure is

necessary to operate and who are bound by appropriate agreement or undertaking on terms

and conditions at least equally stringent to the provisions contained in this Indemnity bond to

maintain confidentiality in respect thereof.

The Manufacturer hereby confirms, agrees and records that this letter of undertaking and indemnity bond shall be irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal representatives and shall ensure for IOCL benefit and for the benefit of its successors and assigns.

Yours faithfully

Signature:

Name:

Address:

Seal:

DATE: -----------------------

Witness: (1)

Witness: (2)

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To,

CHIEF GENERAL MANAGER (Contract Cell),

INDIAN OIL CORPORATION LIMITED (MARKETING DIVISION),

SUB: SUBMISSION OF QUOTATION FOR SUPPLY OF TAMPER EVIDENT SEALS.

Dear Sirs,

1. Having examined the letter inviting tender, instruction to tenders(SITB) , general

conditions of contract, special conditions of the contract, technical specifications,

drawings, schedule of quantities, forms and addenda for the execution of the above

named work, I/We the undersigned, offer to supply TAMPER EVIDENT SEALS in

conformity with the letter inviting tender, instruction to tenders, general conditions

of contract, special conditions of the contract, technical specifications, drawings,

schedule of quantities, forms. Annexures and addenda.

2. I/We confirm that all the documents as per checklist have been enclosed by me/us

and the tender has been submitted in compliance with the provisions as stated in para

(1) above.

3. I/We undertake, if our tender is accepted, to commence the work on the date of

commencement after the receipt of letter/ mail of intent to commence, and to

complete the whole work comprised in the contract within the time period stated in the

tender.

4. I/We confirm having quoted the rates for all the bottling plants in the tender & having

furnished details of delivery commitments and available / spare capacity for effecting

supplies as per the tender.

5. I/We agree to abide by this tender for the period of 180 days from the date fixed for

receiving the same and it shall remain binding upon us and may be accepted at any time

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before expiration of that period.

6. Unless and until a formal agreement is prepared and executed, this tender together

with your written acceptance thereof, shall constitute a binding contract between us.

7. I/We understand that you are not bound to accept the lowest or any tender you may receive.

Yours faithfully

Signature:

Name:

Address:

Seal:

DATE: -----------------------

*************