indian oil corporation ltd. -...

LI/15-16/4302/Lubes

Indian Oil Corporation Ltd.

Marketing Division,

Regd.Office: Indian Oil Bhavan

G-9, Ali Yavar Jung Marg,

Bandra(East),Mumbai: 400 051

Tel : 26447387, Fax : 26447989

email:[email protected]

Ref. : LI/15-16/4302/Lubes 07/01/2016

M/s. _____________________

__________________________

__________________________

__________________________

__________________________

Dear Sirs,

Sub : Tender No. LI/15-16/4302/Lubes for supply of Medium TBN DI Additive

package - OLOA 4594R (St 1410) / LZ 4970 (St 1414).

We intend to procure Medium TBN DI additive package OLOA 4594 R (St 1410)

/ LZ 4970 (St 1414) through e-tendering process.

Please find on website https://iocletenders.gov.in the uploaded tender

documents along with the Tender booklet containing general terms and

conditions (GTC) of the tender pertaining to the current procurement. The

detailed procedure to be followed while submitting the offer has been

explained in the documents provided with this tender. Tender filling instructions

for the bidders and online help in the form of FAQs are available on the

website https://iocletenders.gov.in.You are requested to go through the

Tender documents as well as the Tender booklet carefully and submit your

best offer by uploading the technical bid and price bid as per instructions

given in the tender documents on or before 18:00 hrs. (IST) of 25.01.2016.

You may note the following:

1. Evaluation Criteria: The Tender shall be evaluated based on Location

specific least formulation costing of finished product. Formulation cost

of finished product per MT and Net delivered cost per MT will be worked

out manually outside the system. Net delivered cost per MT will be

arrived at after deducting applicable modvatable / cenvatable

amount and sales tax / VAT setoff as applicable and as claimable by

https://iocletenders.gov.in/


LI/15-16/4302/Lubes

M/s. Indian Oil Corporation Ltd from delivered cost per MT. For this

tender Net Delivered cost per MT quoted for supplies in barrels shall be

considered for Formulation cost of finished product per MT.

2. BoQ1 is for price bid pertaining to supply of LZ 4970 (St 1414) for all

locations, hence M/s Lubrizol India Pvt Ltd., Mumbai should quote for

this BoQ1 and for BoQ2 not to be quoted.

BoQ2 is for price bid pertaining to supply of OLOA 4594 R (St 1410) for

all locations, hence M/s Indian Additives Ltd., Mumbai should quote for

these BoQ2 and for BoQ1 not to be quoted.

3. You are requested to sign the integrity agreement & upload in e-tender

website, the format of which is enclosed with the tender documents.

The original copy of Integrity Agreement duly filled, signed & sealed

should also be submitted before the techno-commercial bid opening

date (as indicated in the NIT or corrigendum thereof).

4. Tenderers are requested to upload scan copy of EMD (DD/BG/BC) in

the e-tender portal & arrange to submit original on or before the

technical bid submission / receipt in website date & time.

EMD(DD/BG/BC) physically not received before the techno-

commercial bid submission/uploading date (as indicated in the NIT or

corrigendum thereof) are liable to be rejected.

5. Submission of samples not required for this tender.

6. Security Deposit as per Clause 20 of GTC to be paid and Supply &

Performance Guarantee as per Clause 21 of GTC to be paid by the

successful tenderer.

Witnessing of the techno commercial bid without price (i.e. technical bid)

and the price bid (BOQ) of the tender shall be online at our website.

Thanking you,

Yours faithfully,

For INDIAN OIL CORPORATION LTD.

(S. Sankara Subramoni)

Dy. General Manager (Lube-Inputs)

LI/15-16/4302/Lubes

CONTENTS

Procurement of Medium TBN DI additive package - LZ 4970 (St 1414) /

OLOA 4594 R (St 1410).

TENDER NO.: LI/15-16/4272/Lubes

Sr. No. Contents

1. Introduction and scope

2. Technical Bid with Commercial Terms without price (Form ‘A’)

3. Special instructions to bidders in e-tendering

4. Declaration by Indian Oil Corporation Ltd & Integrity

Agreement

5. Undertaking by the tenderer(s)

6. General Terms & Conditions (GTC) / Particulars of tenderer /

Information of Company profile and relationship with IOCL’s

Directors / Declaration of black listing / Holiday Listing etc.

7. Additive Purchase Specification to be duly signed as

acceptance of IOCL specification.

8. Instruction to Tenderers with Bank Guarantee format of EMD

LI/15-16/4302/Lubes

INTRODUCTION & SCOPE

Supply of Medium TBN DI additive package - LZ 4970 (St 1414) / OLOA 4594 R (St

1410).

TENDER NO. : LI/15-16/4302/Lubes

Tender documents availability in website : 07.01.2016 to 25.01.2016

Last date & time for receipt of

Tender in website : 25.01.2016 at 5.00 PM

(Bid Submission Date & Time)

Date of opening of Tender : 27.01.2016 at 11 00 AM.

(Bid Opening Date &Time)

1. We intend to procure Medium TBN DI additive package LZ 4970

(St 1414) / OLOA 4594 R (St 1410) as per the purchase specification

details given in the Tender documents. The quantity requirement

location wise is also given in the enclosed Tender documents.

2. The Tender will be finalized on lowest location wise formulation costing

of finished product using Group II base oils.

3. Our annual requirement of is to be supplied to IOCL’s Asaoti, Kolkata

(Paharpur /Budge Budge) & Silvassa plants as per call ups placed by

the plant. The quantity of procurement is of indicative nature and will

be drawn against call ups to be placed by plants. IOCL further reserves

the right to short close the order at any time during the contract period

before drawing the full quantity.

4. The supplies to our plant are to be made in bulk or non-returnable MS

drum with 170 to 230 Kgs net weight of the additive.

5. The procurement is through e-tendering.

LI/15-16/4302/Lubes

6.0 Tender Opening:

6.1 The techno commercial bid without price (i.e. technical bid) shall be

opened on the due date as per Notice Inviting Tender (NIT) online and

the priced offer of the tenderer whose unpriced offers are found

technically suitable shall be opened on a suitable date online for which

a separate intimation shall be furnished to the technically acceptable

bidders through email/e-tender website.

6.2 Witnessing of techno-commercial bid opening & Price bid opening of

the tender shall be online at our website.

7.0 Earnest Money Deposit (EMD):

7.1 EMD shall be Rs. 11,87,400/-. (Rupees Eleven lacs eighty seven thousand

and four hundred only)

7.2 “Earnest Money Deposit” (EMD) – Refer GTC of the tender document.

7.3 Tenders are required to upload scan copy of EMD (DD/BG) in the e-tender

portal. The instruments towards EMD shall be put in a sealed envelope

and the envelope shall be super scribed with tender no. & due date and

the same shall be sent to the following address so as to reach on or

before the technical bid submission / receipt in website date & time.

Dy. General Manager (Lube Inputs)

Lubes Department,

6th Floor, Indian Oil Bhavan,

G-9 Ali Yavar Jung Marg,

Bandra (East), Mumbai-400051

Phone: (022) 26447387/26447919

Submission of EMD amount in full is mandatory before tender submission

date & time failing which the tender will be summarily rejected

IOCL shall not be responsible for delay regarding the same due to what so

ever reasons.

8. LANGUAGE OF BID:

Tender and all correspondence and documents relating to the tender

exchanged between the tenderer and IOCL shall be in ENGLISH

language.

LI/15-16/4302/Lubes

9. LATE BIDS:

No tender can be submitted online after the last date and time for

submission of the tender prescribed in the website

https://iocletenders.gov.in.

Address of Plants: Refer GTC

Signature of Tenderer :

Name of Tenderer :

Address :

Seal :


LI/15-16/4302/Lubes

INDIAN OIL CORPORATION LTD., H.O.

G-9, ALI YAVAR JUNG MARG,

BANDRA (E), MUMBAI – 400 051

FORM “A”

TECHNICAL BID WITH COMMERCIAL TERMS WITHOUT PRICE

Vendor Lubrizol India Pvt. Ltd., Mumbai

Name of the

material

LZ 4970 (IOC ST.NO. 1414)

(Total Quantity – 888.40 MTs )

Material Required

at

Asaoti

Kolkata

(Paharpur

/ Budge Budge)

Silvassa

Package Barrel or Bulk Barrel or Bulk Barrel or Bulk

Quantity Required

MTs

311.000 222.200 355.200

Quantity Offered

(MTs)

Vendor Indian Additives Ltd., Mumbai

Name of the

material

OLOA 4594 R (IOC ST.NO. 1410)

(Total Quantity – 913.520 MTs )

Material Required

at

Asaoti

Kolkata

(Paharpur

/ Budge Budge)

Silvassa

Package Barrel or Bulk Barrel or Bulk Barrel or Bulk

Quantity Required

MTs

319.770 228.380 365.370

Quantity Offered

(MTs)

LI/15-16/4302/Lubes

Tentative Delivery

Schedule

To be supplied against monthly indents to be placed by our

Blending Plant / IOC, HO. IOC shall endeavour to place the

monthly indents on pro-rata basis during the period of the

contract. However, for some months the indented quantity

may vary from nil to 2 times of the pro-rata quantity due to

production requirement. During contract period each

dispatch shall be within 15 days from the date of indents

placed on you.

Delivery Schedule

offered

Past Supply

Reference, if any

Packing

Requirement

St 1414 & St 1410 : in new non-returnable MS barrels or in Bulk

Tank Truck for all locations

Please specify

Net weight per

barrel

Vendor Lubrizol India Pvt. Ltd

Stock No Package Net Weight per

barrel / Net wt.

per Bulk T/T

St 1414 Bulk

St 1414 Barrel

Vendor Indian Additives Ltd

Stock No Package Net Weight per

barrel / Net wt.

per Bulk T/T

St 1410 Bulk

St 1410 Barrel

Our payment

terms

In cheque /EFT/ RTGS / Internet within 30 days from the date

of receipt of the material at the location.

Payment terms

agreed

YES

Offer validity

required

120 days from the date of opening of the tender.

Validity of offer

agreed

YES

Period of contract Until & unless mutually extended, for 1 year from the date of

Purchase order / LOI or till the total quantity is supplied,

whichever is earlier.

Period of contract

agreed

YES

LI/15-16/4302/Lubes

EMD amount to

be paid

Rs 11,87,400/-

Details of EMD

Paid (Please

furnish the

DD/PO/BC/BG no.

and date)

Shelf Life of

Additive (Please

provide Shelf Life

in years)

Best Price clause Refer GTC.

Acceptance of

Best Price clause

YES

Submission of

Integrity

Agreement

YES

Not engaging

Child Labour as

per various labour

laws applicable.

YES

Submission / Uploading of Tender:

1. The tender should be submitted in “two bid system”i.e.“ techno

commercial bids without price (i.e. technical bid)” and “Price bid”.

2. Part–I: The techno commercial bid without price (i.e. technical bid)

complete with all technical and commercial details without price shall

be uploaded essentially containing the following documents in 4

different files as given under:

(i) Scanned copy of the additive purchase specification sheet of

LZ 4970 (St 1414) / OLOA 4594 R (St 1410) as applicable to the tenderer

for their product to be duly signed and stamped as token of

acceptance of the specifications provided by IOCL.

(ii) Scanned copy of the tender booklet comprising of General Terms and

Conditions (GTC), duly signed with Company seal including the

declarations/ data asked for in the tender booklet viz. “Particulars of the

tenderer”, “Information on Company profile and relationship with IOCL

Directors”, declaration of black listing / holiday listing etc. Duly filled in as

applicable.

LI/15-16/4302/Lubes

(iii) Scanned copy of NIT, and our letter intimating about supply of Medium

TBN crankcase Oil additive package duly signed with Company seal.

Any other documents relevant to the subject tender requirements.

Scanned copy of all pages of “Introduction and Scope” , Form ‘A’ duly

filled and signed on all pages with Company seal .

(iv) Scanned Copy of the EMD amount paid by Demand draft/ Pay

order/banker’s cheque or Bank Guarantee.

The following documents are required to be uploaded under heading

Other Important Documents (OID) :

1. Declaration of Holiday / Black Listing on letter head as per Format in

GTC.

2. Scanned copies of filed Income Tax returns duly acknowledged by the

IT department for the last three completed financial years [2012-13,

2013-14 & 2014-15.

3. Undertaking by tenderer.

4. Integrity Agreement duly filled and signed with seal.

3. Part-II: “Price bid “This part shall have only Price Schedule (BOQ) with

prices duly filled in. Prices shall be filled in the price bid format (excel

sheet) provided with the tender documents (i.e. uploaded in the

website by IOCL). Tenderer’s price bid on their letter head or in any

other file format or scanned copy of price bid etc. will not be

accepted.

4. Instructions related to the price bid format (BOQ)

The price bid format is provided/ uploaded is in excel sheet format. The

rates to be quoted shall be as per the price bid format wherein the unit

of measure is mentioned i.e. all offers shall be on per MT basis. The

tenderer has to select the condition of “excise duty” and “tax” which is

at the right hand most corner of the price bid excel sheet and is

available against every row of item quantity and location. Under Excise

duty two options are available (one being “excise duty %” and another

being “excise duty lumpsum”) which can be accessed by the drop

down arrow button. Similarly for “tax “there are two options available,

one is “VAT in %” and the other “CST in %” which can be accessed by

the drop down arrow button.

LI/15-16/4302/Lubes

These options are provided in the BOQ along each location line item of

the BOQ where rates are to be filled. Traders who import additives and

stock in their warehouse and do stock-in-sale to IOCL shall fill the

lumpsum modvatable amount (which may be CVD amount + Cess +

Addl. Duties /Special Addl. Duties whichever may be applicable) by

selecting from the drop down menu “excise duty lumpsum”.

Hence, it is utmost important that before feeding the rates or any

number in the BOQ (price bid) the proper selection of excise duty and

tax structure to be done.

4.1 BoQ1 is for price bid pertaining to supply of LZ 4970 (St 1414) for all

locations, hence M/s Lubrizol India Pvt Ltd., Mumbai should quote for

this BoQ1 and for BoQ2 not to be quoted.

BoQ2 is for price bid pertaining to supply of OLOA 4594 R (St 1410) for all

locations, hence M/s Indian Additives Ltd., Mumbai should quote for

these BoQ2 and for BoQ1 not to be quoted.

4.2 After selection of these two criteria (i.e the correct excise duty and

correct tax structure) the rates and the % details as required in

appropriate columns of the BOQ are to be filled. The columns and

the rows where grey colour appears no data is to be filled by the

tenderer. The tenderer in their own interest must cross check the rates

/ figures quoted in the BOQ sheet either by calculator or in another

excel sheet or by any other method of calculation to ensure that the

rate quoted by them in the e-tender BOQ is 100% correct.

This cross check is important and beneficial for the tenderer as in the

uploaded BOQ the total delivered cost is displayed based on the rates

and numbers filled by the tenderer as it internally calculates using

appropriate formula.

Also please refer to Clause no. 14 of the General Terms and Conditions

(GTC) of the tender booklet wherein it has been clearly intimated that

the net delivered cost offered by the party will be considered final and

hence it is very important for the tenderer to fill correct excise duty,

taxes , transportation, octroi , as applicable.

4.3 All efforts have been made for the correct display of the total delivered

cost and net delivered cost per MT based on the formulas incorporated

in the provided / uploaded BOQ (Price bid) sheet. However, IOC still

reserves to calculate based on the rates / figures filled by the tenderer

in the appropriate columns of the price bid for accuracy and

LI/15-16/4302/Lubes

correctness to decide on the L1 tenderer based on the location

specific formulation cost per MT which will be done outside the system.

Similarly net delivered cost per MT will also be calculated manually

outside the system. Hence, the rates / figures filled by the tenderer in

appropriate columns based on the selection of the condition of

“excise duty” and “tax” which is appropriate for the tenderer i.e.

correct selection of any one out of two options under “Excise duty”

(one being “excise duty %” and another being “excise duty lumpsum”)

and correct selection of any one out of two options under “Tax” ( one

being “VAT in %” and the other “CST in %” ) will be taken into

consideration for manual calculation by IOCL to ensure accuracy and

correctness.

4.4 Applicability of VAT/CST based on suppliers locations

IOC Plant

Location

Vendors

supply

location

Applicable

Sales Tax

Applicable

Vat Set off

VAT CST

against

C Form

Asaoti

Haryana State VAT 0.00

Outside

Haryana

- 2% -

Kolkata(Paharpur

& Budge Budge)

West Bengal

State

VAT - 29.75%

Outside West

Bengal

- 2% -

Mumbai

Taloja

Vashi

Kapri

Maharashtra

State

VAT - 77.47%

Outside

Maharashtra

- 2% -

Silvassa

D&NH UT VAT - 0.00

Outside D&NH

UT

- 2% -

Chennai

Tamilnadu

State

VAT - 60.00%

Outside

Tamilnadu

- 2% -

Tadepalli

Andrapradesh

State

VAT - 0.00

Outside

Andrapradesh

- 2% -

LI/15-16/4302/Lubes

For working out the VAT amount as well as VAT set off amount apart from

basic rate, Excise duty, Education Cess etc., transportation rate will also be

included.

Regarding CST ---- IOCL will provide ‘C’ Form and hence in the BOQ

the CST % shall be put considering ‘C’ Form only.

4.5 The final delivered cost and the net delivered cost per MT will appear

automatically as formulas are already fed in the excel price bid sheet.

While filling the excel sheet you have to enable the macros, and if

there is any warning like “MACROs have been disabled”, there will be

an option button at the side of this message. You have to click on the

option button and select the “Enable the content”. For assistance the

snap shot of a sample excel sheet is provided below:

We also confirm having quoted our price strictly as per the BOQ format given in

the tender without any deviation.

IMPORTANT NOTE TO ALL TENDERRES

1) In form “A” quantity requirement of additive grade wise/Stock No wise

is given. The tenderer shall fill the offered quantities only against their

additive brand name/Stock No. Against other additive brand

LI/15-16/4302/Lubes

name/Stock No can be struck through or can mention nil or not

offered.

2) In the price bid (BOQ) the unit delivered rate/net delivered rate is being

taken for per MT of respective additive packages. Please be informed

that the tenderer has to fill the quantity that is offered against this

tender in form “A” and the same will be considered as offered quantity

for this tender.

3) Based on filled BOQ by the tenderers the e tendering system may

generate/throw out /show the L-1/L-2 position in comparative BOQ

statement which is to be ignored as the tender evaluation will be done

based on the location specific formulation cost of finished product

manually outside the system.

If conditions stipulated in this document is found in variance with any

conditions in tender booklet i.e. GTC, the conditions stipulated in this

document will be final and binding on the tenderer.

We Accept the above Conditions: -

Signature of the Bidder:

Designation of the Bidder:

Name & Address of the Bidder:

Telephone No:

Fax No:

E-mail:

Date:

LI/15-16/4302/Lubes

SPECIAL INSTRUCTION TO BIDDERS IN E-TENDERING

1. Indian Oil Corporation Ltd. has developed a secured and user friendly system

which will enable Vendors / Bidders to Search, View, Download tenders

directly from Indian Oil Corporation Ltd., secured website and also enable

them to participate & submit Online Bids on the e-tendering site

https://iocletenders.gov.in directly in secured and transparent manner

maintaining confidentiality and security throughout the tender evaluation

process and award.

2. All interested bidders are requested to register themselves with the portal

indicated above and enroll their digital certificate with the user id for

participation in the tender.

3. Bidders are requested to read following conditions in conjunction with various

conditions, wherever applicable appearing with this bid invitation for e-

Tendering. The conditions mentioned here in under shall supersede and shall

prevail over the conditions enumerated elsewhere in the tender document.

4. How to submit On-line Bids / Offers electronically against E-tendering?

Vendors / Bidders are advised to read the following instructions for

participating in the electronic tenders directly through internet:

i) Late and delayed Bids / Offers after due date & time shall not be permitted in

E-tendering system. No bid can be submitted after the last date and time of

submission has reached. (However if bidder intends to revise the bid already

submitted, they may change / revise the same on or before the last date and

time of submission of bid). The system time (IST) that will be displayed on e-

tendering web page shall be the reference time and no other time shall be

taken into cognizance.

ii) Bidders are advised in their own interest to ensure that bids are uploaded in

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

iii) No bid can be modified after the dead line for submission of bids.

iv) No Manual Bids / Offers along with electronic Bids / Offers shall be permitted.

v) Non submission of tender samples to Lubes Dept., 6th Floor before the due

date and time will result in non opening of the bids submitted online.

5. What is a Digital Signature?

This is a unique digital code which can be transmitted electronically and

primarily identifies a unique sender. The objective of digital signature is to

guarantee that the individual sending the message is who he or she really

claims to be just like the written signature. The Controller of Certifying

Authorities of India (CCA) has authorized certain trusted Certifying Authorities

LI/15-16/4302/Lubes

(CA) who in turn allot on a regular basis Digital Certificates, Documents which

are signed digitally are legally valid documents as per the Indian IT Act

(2000).

6. Why is a Digital Signature required?

In order to bid for Indian Oil e-tenders all the vendors are required to obtain a

legally valid Digital Certificate as per Indian IT Act from the licensed Certifying

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

Controller of Certifying Authorities (CCA) of India. The Digital Certificate is

issued by CA in the name of a person authorized for filing Bids / Offers on

behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-

line only after digitally signing the bid / documents with the above allotted

Digital Signatures.

Bidders have to procure Digital Certificate (Class 3) on their own from any of

the Certifying Authorities in India.

7. Pre-Bid Conference: Any queries in connection with the bid shall be discussed

and clarified during a pre-bid conference as per time and venue specified in

the tender.

8. Submission of Documents: The Unpriced Technical Bids and Price Bid have to

be submitted online only. However, documents which necessarily have to be

submitted in originals like EMD and any other documents mentioned in the

tender documents have to be submitted offline. Prices should not be

submitted in a physical sealed envelope. Indian Oil shall not be responsible in

any way for failure on the part of the bidder to follow the instructions.

It is advised that the bidder uploads small sized documents (preferably upto 5

MB) at a time to facilitate in easy uploading into e-tendering site. Indian Oil

does not take any responsibility in case of failure of the bidder to upload the

documents within specified time of tender submission.

9. Submission and Opening of Bids: Bid along with all the copies of documents

should be submitted in the electronic form only through Indian Oil e-tendering

system.

Before the bid is uploaded, the bid comprising of all attached documents

should be digitally signed using digital signatures issued by an acceptable

Certifying Authority (CA) in accordance with the Indian IT Act 2000.

10. Last Date for Submission of Bids: Bidders are advised in their own interest to

ensure that bids are uploaded in e-Procurement system well before the

closing date and time of bid.

11. Resource Requirement: Vendors / Bidders must use any computer having

Windows XP or higher of Window operating system and an internet web

browser version internet explorer V6.0 or higher recommended.

LI/15-16/4302/Lubes

Note :

Bidders are requested to go through the “Bidders Manual Kit” available in the

homepage of the e-tendering portal i.e. https://iocletenders.gov.in to have a

clear understanding of the steps to be followed for bid submission.

To address any problems/queries/issues faced by vendors, the resource

persons are available to help during working hours as per following details:

Business Hours: Mon – Fri, 09:00 to 16:45 Hrs India Time (IST) (GMT +5:30 Hrs)

Also necessary assistance can be obtained by sending e-mail to

[email protected]

Mr. Shashi Noida 08130634323

Mr. Ankit Gurgaon 09717983330

Mr. Vikrant New

Delhi

09999188919

Mr. Amrit Gurgaon 08447267939

Mr. Sawan Noida 08130269544

Mr.

Deepak

Mumbai 09036366524

Mr.Ashwani Mumbai 08879414448

Mr. Ravi Kolkata 08981665512

mailto:[email protected]

LI/15-16/4302/Lubes


Marketing Division



Bandra(East), Mumbai: 400 051

Tel : 022-26447387 Fax : 26447989

E-mail : [email protected]

Ref. : LI/15-16/4302/Lubes 07/01/2016

M/s Lubrizol India Pvt. Ltd.,

VIP House, 2nd Floor,

88-C, Old Prabhadevi Road,

Mumbai – 400 025.

Dear Sir,

Sub : Tender no. LI/15-16/4302/Lubes for Procurement of Medium TBN DI

additive package

Declaration by Indian Oil Corporation Limited.

Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has signed

an MOU dated 18th January 2008 with Transparency International India for the

adoption of the Integrity Pact Program and stands committed to following the

principles of transparency, equity and competitiveness in public

procurement. The said MOU can be accessed at the IOCL website i.e. http://

www.iocl.com/ Aboutus/ DraftMOU. pdf.

The subject Notice Inviting Tender (NIT) is an invitation to offer made on the

condition that the Bidder will sign the Integrity Agreement, which is an integral

part of tender documents, failing which the tenderer / bidder will stand

disqualified from the tendering process and the bid of the bidder would be

summarily rejected.

Yours faithfully,

For and on behalf of Indian Oil Corporation Limited,

(S Sankara Subramoni)



LI/15-16/4302/Lubes


Marketing Division



Bandra(East), Mumbai: 400 051

Tel : 022-26447387 Fax : 26447989

E-mail : [email protected]

Ref. : LI/15-16/4302/Lubes 07/01/2016

M/s Indian Additives Ltd.,

402, Town Centre,

Andheri Kurla Road,

Marol, Andheri East,

Mumbai – 400 059.

Dear Sir,

Sub : Tender no. LI/15-16/4302/Lubes for Procurement of Medium TBN DI

additive package.

Declaration by Indian Oil Corporation Limited.

Indian Oil Corporation Limited (IOCL) hereby declares that IOCL has signed

an MOU dated 18th January 2008 with Transparency International India for the

adoption of the Integrity Pact Program and stands committed to following the

principles of transparency, equity and competitiveness in public

procurement. The said MOU can be accessed at the IOCL website i.e.

http://www.iocl.com/ Aboutus/ DraftMOU.pdf.

The subject Notice Inviting Tender (NIT) is an invitation to offer made on the

condition that the Bidder will sign the Integrity Agreement, which is an integral

part of tender documents, failing which the tenderer / bidder will stand

disqualified from the tendering process and the bid of the bidder would be

summarily rejected.

Yours faithfully,

For and on behalf of Indian Oil Corporation Limited,

(S Sankara Subramoni)



http://www.iocl.com/%20Aboutus/%20DraftMOU.pdf

LI/15-16/4302/Lubes

Covering Letter required to be signed and submitted by the tenderer

Ref. : Dated :

To,

Indian Oil Corporation Limited

__________________________

__________________________

Sub : Submission of offer for Tender no. ________________________________

for ___________________________________________.

Dear Sir,

The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has

signed the MOU with Transparency International India for the adoption of the

Integrity Pact Program and stands committed to following the principles

thereof as enumerated in the Integrity Agreement enclosed with the tender

document.

The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer

made on the condition that the Bidder will sign the enclosed Integrity

Agreement, which is an integral part of tender documents, failing which the

tenderer will stand disqualified from the tendering process. The Bidder

acknowledges that the Bid would be kept open in its original form without

variation or modification for a period of ___________ days (state the number of

days from the last date for the receipt of tenders stated in the NIT) AND THE

MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND

ABSOLUTE ACCEPTANCE of this condition of the NIT.

Bidder confirms acceptance and compliance with the Integrity Agreement in

letter and spirit and further agrees that execution of the said Integrity

Agreement shall be separate and distinct from the main contract, which will

come into existence when bid is finally accepted by IOCL. The Bidder

acknowledges and accepts the duration of the Integrity Agreement, which

shall be in line with Article 8 of the enclosed Integrity Agreement.

Bidder acknowledges that in the event of Bidder’s failure to sign and accept

the Integrity Agreement, while submitting the Bid, IOCL shall have unqualified,

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absolute and unfettered right to disqualify the tenderer and reject the Bid in

accordance with the terms and conditions of the tender.

Yours faithfully,

(Duly authorized Signatory of the Bidder)

(Note : One copy of this letter along with the Integrity Agreement duly signed

must be returned along with offer).

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To be executed on plain paper and submitted along with Technical Bid / Tender

documents for tenders having a estimated value of Rs. 10 crore or more. To be

signed by the bidder and same signatory competent / authorized to sign the

relevant contract on behalf of IOCL.

(______________________Division)

Tender no. : ________________

INTEGRITY AGREEMENT

This Integrity Agreement is made at _____________ on this ________ day of _____

BETWEEN

Indian Oil Corporation Limited, a company duly incorporated and validly

existing under the provisions of Companies Act, 1956 and having its registered

office at Indian Oil Bhavan, 9, Ali Yavar Jung Marg., Bandra (East), Mumbai

400 051 (hereinafter referred as the ‘Principal/Owner’, which expression shall

unless repugnant to the meaning or context hereof include its successors and

permitted assigns)

And

___________________________________________________________________________

________________________ (name and address of the individual / firm /

Company / consortium members through

_________________________________________________

__________________________(mention details of duly authorized signatory)

hereinafter referred to as the ‘Bidder / Contractor’ and which expression shall

unless repugnant to the meaning or context hereof include its successors and

permitted assigns.

Preamble

WHEREAS the Principal / Owner has floated a tender (Tender No. :

________________________________________________________ ) (hereinafter

referred to as “Tender”) and intends to award, under laid down

organizational procedures, contract/s purchase order / work order for

_________________________________________________ (name of contract / order)

or items covered under the tender hereinafter referred to as the “Contract”.

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AND WHEREAS the Principal/Owner values full compliance with relevant laws

of the land, rules, regulations, economic use of resources and of fairness /

transparency in its relation with its Bidder (s) and Contractor (s).

AND WHEREAS, in order to achieve these goals, the Principal / Owner has

appointed Independent External Monitors (IEM), to monitor the Tender

process and the execution of the Contract for compliance with the principles

as laid down in this Agreement.

AND WHEREAS to meet the purpose aforesaid both the parties have agreed

to enter into this Integrity Agreement (hereinafter referred to as “Integrity

Pact” or “Pact”), the terms and conditions of which shall also be read as

integral part and parcel of the Tender documents and Contract between the

parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this

Pact, the parties hereby agree as follows and this Pact witnesseth as under;

Article 1 : Commitment of the Principal / Owner

1) The Principal / Owner commits itself to take all measures necessary to

prevent corruption and to observe the following principles:

a) No employee of the Principal / Owner, personally or through any of his /

her family members, will, in connection with the Tender, or the

execution of the Contract, demand, take a promise for or accept, for

self or third person, any material or immaterial benefit which the person

is not legally entitled to.

b) The Principal / Owner will, during the Tender process, treat all Bidder (s)

with equity and reason. The Principal / Owner will, in particular, before

and during the Tender process, provide to all Bidder (s) the same

information and will not provide to any Bidder(s) confidential /

additional information through which the Bidder(s) could obtain an

advantage in relation to the Tender process or the Contract execution.

c) The Principal / Owner shall endeavour to exclude from the Tender

process any person, whose conduct in the past has been of biased

nature.

2) If the Principal / Owner obtains information on the conduct of any of its

employees which is a criminal offence under the Indian Penal Code

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(IPC) / Prevention of Corruption Act, 1988 (PC Act) or is in violation of

the principles herein mentioned or if there be a substantive suspicion in

this regard, the Principal / Owner will inform the Chief Vigilance Officer

and in addition can also initiate disciplinary actions as per its internal

laid down policies and procedures.

Article 2 – Commitments of the Bidder(s) / Contractor(s)

1) The Bidder(s) / Contractor(s) commits himself to take all measures

necessary to prevent corruption. He commits himself to observe the

following principles during his participation in the Tender process and

during the Contract execution:

a) The Bidder (s) / Contractor (s) will not, directly or through another

person or firm, offer, promise or give to any of the Principal / Owner’s

employees involved in the Tender process or execution of the Contract

or to any third person any material or other benefit which he / she is not

legally entitled to, in order to obtain in exchange any advantage or

any kind whatsoever during the Tender process or during the execution

of the Contract.

b) The Bidder (s) / Contractor (s) will not enter with other Bidder (s) into any

undisclosed agreement or understanding, whether formal or informal.

This applies in particular to prices, specifications, certifications,

subsidiary contracts, submission or non – submission of bids or any other

actions to restrict competitiveness or to cartelize in the bidding process.

c) The Bidder (s) / Contractor(s) will not commit any offence under the

relevant IPC / PC Act. Further the Bidder (s) / Contractor(s) will not use

improperly, (for the purpose of competition or personal gain), or pass

on to others, any information or document provided by the Principal /

Owner as part of the business relationship, regarding plans, technical

proposals and business details, including information contained or

transmitted electronically.

d) The Bidder (s) / Contractor(s) of foreign origin shall disclose the names

and addresses of agents / representatives in India, if any. Similarly

Bidder(s) / Contractor(s) of Indian Nationality shall disclose names and

addresses of foreign agents / representatives, if any. Either the Indian

agent on behalf of the foreign principal or the foreign principal directly

could bid in a tender but not both. Further, in cases where an agent

participates in a tender on behalf of one manufacturer, he would not

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be allowed to quote on behalf of another manufacturer along with the

first manufacturer in a subsequent / parallel tender for the same item.

Copy of CVC guidelines dated 21.04.2004 is annexed hereto as

Annexure A.

e) The Bidder(s) / Contractor(s) will, when presenting his bid, disclose any

and all payments he has made, is committed to or intends to make to

agents, brokers or any other intermediaries in connection with the

award of the Contract.

2) The Bidder(s)/Contractor(s) will not instigate third persons to commit

offences outlines above or be an accessory to such offences.

Article 3 – Disqualification from Tender Process and exclusion from future

contracts.

1. If the Bidder(s)/Contractor(s), either before award or during execution

of Contract has committed a transgression through a violation of Article

2 above or in any other form, such as to put his reliability or credibility in

question, the Principal / Owner is entitled to disqualify the

Bidder(s)/Contractor(s) from the Tender process or terminate the

Contract, if already executed or exclude the Bidder / Contractor from

future contract award processes. The imposition and duration of the

exclusion will be determined by the severity of transgression and

determined by the Principal / Owner. Such exclusion may be for a

period of 1 year to 3 years as per the procedure prescribed in the

guidelines for holiday listing of the Principal / Owner.

2. The Bidder / Contractor accepts and undertakes to respect and

uphold the Principal / Owner’s absolute right to resort to and impose

such exclusion.

3. Apart from the above, the Principal / Owner may take action for

banning of business dealings / holiday listing of the Bidder / Contractor

as deemed fit by the Principal / Owner.

Article 4 – Consequences of Breach

Without prejudice to any rights that may be available to the Principal / Owner

under law or the Contract or its established policies and laid down

procedures, the Principal / Owner shall have the following rights in case of

breach of this Integrity Pact by the Bidder / Contractor(s):

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1) Forfeiture of EMD / Security Deposit: If the Principal / Owner has

disqualified the Bidder (s) from the Tender process prior to the award of

the Contract or terminated the Contract or has accrued the right to

terminate the Contract according to Article 3, the Principal / Owner

apart from exercising any legal rights that may have accrued to the

Principal / Owner, may in its considered opinion forfeit the Earnest

Money Deposit / Bid- Security amount of the Bidder / Contractor.

2) Criminal Liability: If the Principal / Owner obtains knowledge of conduct

of a Bidder or Contractor, or of an employee or a representative or an

associate of a Bidder or Contractor which constitutes corruption within

the meaning of PC Act, or if the Principal / Owner has substantive

suspicion in this regard, the Principal / Owner will inform the same to the

Chief Vigilance Officer.

Article 5 – Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last

3 years with any other Company in any country confirming to the anti-

corruption approach or with any other Public Sector Enterprise in India

that could justify his exclusion from the Tender process.

2) If the Bidder makes incorrect statement on this subject, he can be

disqualified from the Tender process or action can be taken for

banning of business dealings / holiday listing of the Bidder / Contractor

as deemed fit by the Principal / Owner.

3) If the Bidder / Contractor can prove that he has resorted / recouped

the damage caused by him and has installed a suitable corruption

prevention system, the Principal / Owner may, at its own discretion as

per laid down organizational procedures, revoke the exclusion

prematurely.

Article 6 – Equal Treatment of all Bidders / Contractors / Subcontractors

1) The Bidder(s) / Contractor(s) undertake(s) to demand from all

subcontractors a commitment in conformity with this integrity Pact. The

Bidder / Contractor shall be responsible for any violation(s) of the

principles laid down in this Pact by any of its Sub-contractors / sub-

vendors.

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2) The Principal / Owner will enter into Pacts on identical terms as this one

with all Bidders and Contractors.

3) The Principal / Owner will disqualify Bidder, who do not submit, the duly

signed Pact between the Principal / Owner and the bidder, along with

the Tender or violate its provisions at any stage of the Tender process,

from the Tender process.

Article 7 – Independent External Monitor (IEM)

1) The Principal / Owner has appointed competent and credible

independent External Monitor(s) (IEM) for this Pact. The task of the

Monitor is to review independently and objectively, whether and to

what extent the parties comply with the obligations under this Pact.

2) The IEM is not subject to instructions by the representatives of the parties

and performs his functions neutrally and independently. He reports to

the Chairman, Indian Oil Corporation Limited.

3) The Bidder(s) / Contractor(s) accepts that the IEM has the right to

access, without restriction, to all Project documentation of the Principal

/ Owner including that provided by the Contractor. The Contractor will

also grant the IEM, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to his or any of his Sub-

Contractor’s project documentation. The IEM is under contractual

obligation to treat the information and documents of the

Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4) In case of tenders having estimated value of Rs. 150 crores or more, the

Principal / Owner will provide to the IEM sufficient information about all

the meetings among the parties related to the Project and shall keep

the IEM apprised of all the developments in the Tender process.

5) As soon as the IEM notices, or believes to notice, a violation of this Pact,

he will so inform the Management of the Principal / Owner and request

the Management to discontinue or take corrective action, or to take

other relevant action. The IEM can in this regard submit non-binding

recommendations. Beyond this, the IEM has no right to demand from

the parties that they act in a specific manner, refrain from action or

tolerate action.

6) The IEM will submit a written report to the Chairman, Indian Oil

Corporation Limited within 6 to 8 weeks from the date of reference or

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intimation to him by the Principal / Owner and, should the occasion

arise, submit proposals for correcting problematic situations.

7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited

a substantiated suspicion of an offence under the relevant IPC/PC Act,

and the Chairman, IOCL has not, within reasonable time taken visible

action to proceed against such offence or reported it to the Chief

Vigilance Officer, the IEM may also transmit the information directly to

the Central Vigilance Commissioner.

8) The word “IEM” would include both singular and plural.

Article 8 – Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the

Contractor / Vendor 12 months after the completion of work under the

Contract or till the continuation of defect liability period, whichever is more

and for all other Bidders, till the Contract has been awarded.

If any claim is made / lodged during the time, the same shall be binding and

continue to be valid despite the lapse of this Pact as specified above, unless it

is discharged / determined by the Chairman, IOCL.

Article 9 – Other Provisions

1) This Pact is subject to Indian law, place of performance and jurisdiction

is the Head Office / Head quarters of the Division of the Principal /

Owner who has floated the Tender.

2) Changes and supplements need to be made in writing. Side

agreements have not been made.

3) If the Contractor is a partnership or a consortium, this Pact must be

signed by all the partners and consortium members. In case of a

Company, the Pact must be signed by a representative duly authorized

by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid, the

remainder of this Pact remains valid. In this case, the parties will strive to

come to an agreement to their original intentions.

5) Any dispute or difference arising between the parties with regard to the

terms of this Pact, any action taken by the Owner / Principal in

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accordance with this Pact or interpretation thereof shall not be subject

to arbitration.

Article 10 – Legal and Prior rights

All rights and remedies of the parties hereto shall be in addition to all the other

legal rights and remedies belonging to such parties under the Contract and /

or law and the same shall be deemed to be cumulative and not alternative to

such legal rights and remedies aforesaid. For the sake of brevity, both the

Parties agree that this Pact will have precedence over the Tender / Contract

documents with regard any of the provisions covered under this Pact.

IN WITNESS WHEREOF the parties have signed and executed this Pact at the

place and date first above mentioned in the presence of following witnesses :

__________________________________________

(For and on behalf of Principal / Owner)

__________________________________________

(For and on behalf of Bidder / Contractor)

WITNESSES :

1. _________________________ (signature, name and address)

_________________________

_________________________

2. _________________________ (signature, name and address)

_________________________

_________________________

Note : In case of Purchase Orders wherein formal agreements are not

signed, references to witnesses may be deleted from the last part of the

Agreement.

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UNDERTAKING BY THE TENDERER(S)

NAME OF WORK: Tender Title

Tender No.: XXXXXXXXX

We confirm that we have quoted the rates in the tender considering Inter-alia

the

1. Tender Document

2. Price bid(BoQ) sheets

3. General Purchase Condition (GPC)

4. Special Terms & Conditions of the Tender

5. Technical specifications including drawings

6. Corrigendums (if any)

7. Annexures (if any)

We ________________________________________________________ (Name of the

Tenderer) hereby certify that we have fully read and thoroughly understood

the tender requirements and accept all terms and conditions of the tender

including all corrigendum/addendum issued, if any. Our offer is in

confirmation to all the terms and conditions of the tender including all

corrigendum/addendum, if any and minutes of the pre-bid meeting. In the

event of award of contract to us, the complete tender document shall be

considered for constitution of Contract Agreement.

SIGNED FOR AND ON BEHALF OF TENDERER(S)

Name of Tenderer(s)

Date : _ _/_ _/_ _ _ _

Place :

Seal & Signature of Tenderer

NOTE:

This declaration should be signed by the Tenderer's authorized representative

ON COMPANY LETTERHEAD who is signing the Bid and scanned copy to be

uploaded as a part of tender document.