1

NOTICE INVITING E-TENDER BHARAT PETROLEUM CORPORATION LIMITED

WADILUBE PLANT MALLET ROAD, WADIBUNDER

MUMBAI – 400 009 TEL NO. 022-23775858

Tender no BPC CRFQ NO 1000286659

Subject

E- Tender for SUPPLY, INSTLALLATION AND

COMMISSIONING OF 1 NO FLOWMETRIC SMALL

PACK FILLING MACHINE AT WADILUBE

INSTALLATION, BPCL

Pre-bid meet for tender condition clarification

and e-bidding process will be conducted at

BPCL Wadilube Plant at Wadibunder, Mumbai

on

18.08.17 at 15.00 AM

Due date & time of submission of tender 25.08.2017 at 02.00 PM

Date & time of opening of technical bid

25.08.2017 at 03.00 PM at Wadilube Lube

Plant, Bharat Petroleum Corporation Ltd,

Malet road, Wadibunder, MUMBAI 400009

Delivery period 10 weeks from date of LOI/PO

Earnest Money Deposit 1,00,000

2

NOTICE INVITING QUOTATIONS FROM REGISTERED/UNREGISTERED VENDORS FOR THE JOB OF PROVIDING 1 NUMBER FLOWMETRIC LUBRICANT SMALL PACK FILLING MACHINE AND ALLIED EQUIPMENTS INCLUDING INSTALLATION AND COMMISSIONING AT WADILUBE INSTALLATION,

BPCL MUMBAI

Ref: WL/SPF MC/17-18 Dt: 07.08.17 ANNEXEURE A Scope of the job:

1. Supply including installation and commissioning of 1 no 8 nozzle volumetric filling machine for filling

lubricants in pack sizes from 500ml to 5L as per the specifications and terms and conditions

2. Delivery of the machine to the site address given below

3. Necessary packing and unpacking

4. Unloading of materials at site

5. For in transit insurance, please refer terms of the tender

Delivery terms: Within 10 weeks of placement of LOI/PO Terms of Payment: 100% Payment to be made against submission of final bill after commissioning on

submission of Performance Bank Guarantee of 10% of the total invoice amount EMD: Rs 1, 00,000 or 5% of the total quotation (whichever is less) in form of demand draft in favor of

“Bharat Petroleum Corporation Limited” payable at Kolkata. EMD would be waived of for NSI/MSME/SSI contractors (registration should be as per the job requirement). Successful party would have the option of converting the EMD to Security Deposit Delivery location:

Bharat Petroleum Corporation Limited Wadilube Installation, Mallet Road, Wadi Bunder Mumbai-400009 Contact:

Vineet Kashyap, Sr Manager Engg, +919051175805 Bid to be submitted online on our e-procurement website https://bpcleproc.in/

EMD if applicable to be submitted within the tender due date to the address as mentioned above along with signed copy of the tender document as token of acceptance. Necessary certificate for exemption if applicable also needs to be submitted. Bid would be liable for rejection if the same is not received before the bid opening date

All documents with respect to technical qualification to be submitted online

3

TENDER DOCUMENT

Detailed scope of supply of the vendor

1. 8 nozzle linear volumetric filling machine with filling capacity of 500ml to 5L and filling accuracy as per technical requirement

2. Synchronized capping unit with auto rotary capping unit along with pusher and chucks for 4 different type of caps

3. Change parts for filling and capping station for 4 different type of containers (samples to be collected from plant)

4. Motorized SS 304 slat conveyors with total length for filling and capping stations 10 meters 5. Necessary motors/wires/cables/pipes 6. Allied units like sensors, control valves etc to run the machine

DETAILED BID QUALIFICATION REQUIREMENT

Technical specifications/qualification requirement for 1 no small pack filling machine at WL Installation. Bidder to upload relevant literature as supporting documents to establish the credentials

Sr No Item BPCL requirement Remarks

Vendor response

1

Filling speed (for products with viscosity, density and filling temperature range as given below)

500ml/1L bottles: 40 -45 containers per minute, 3L/3.5l: 20- 24 containers per minute, 5L: 20-24 bottles per minute Mandatory

2 Total number of nozzles.

8 nozzles. Arrangement of nozzles and detailed GA drawing of the model to be offered to be submitted Mandatory

3 Drip free operation

Drip free filling with drip tray provision and arrangement for collection of oil from drip tray Mandatory

4 Accuracy

Repeated accurancy of 0.2% to be achieved. Trials for 15 days to depict the same on consistent basis with drip free operation Mandatory

5 Spill free operation To ensure spill free operation and logic for no container no filling Mandatory

6 Machine Controls (HMI)

Should be touch screen (of reputed make)/LCD screen with touch keypad. PLC of reputed make. Literature for PLC to be submitted. Mouse operation must. Mandatory

7 Setting of volume

Through touch keypad with provision of sotring preset value programs in non volatile memory Mandatory

4

8 Calibration

Provision of fine calibration for each nozzle with separate control through nozzle mounted control with filling range increment of 1ml Mandatory

9 Flushing

Product and grade change over (both dye and non dye) is core to our operational requirement. Please submit literature how this will be facilitated in the machine with minimum time and intercepting oil. Compressed air of 6kgf/cm2 would be provided Mandatory

10 Standard accessories

For conneecting the filling machine to existing manifold/mother tanks and other units like pump, sufficient slat conveyor of SS 304 make with minimum length 6meters etc. Detailed literature to be submitted

11 Nozzles by passing Provision for by passing any nozzle should be made Mandatory

12 Machine speed control

Speed should be possible to be controlled by the operator. Filling machine conveyor's speed should get synchronized accordingly to adjest filling volume Mandatory

15 Parts for capper

All necessary parts, conveyors, belts needed for capping of containers right from putting the caps in the hopper

16 Capping torque Torque adjustment to be made possible at operator level Mandatory

17 Capping

Necessary mechnism/logic to ensure no bottle, no cap . Capping speed to be in sync with filling speed Mandatory

18 MOC

All heavy structure should be MAS make with epoxy coating. Machine cabinet should be of SS202 make Mandatory

20 Stamping Stammping of equipment to be ensured by the vendor if applicable Mandatory

21 Extension conveyor

150mm wide extension conveyor to be included in the offer of 10m length which will act as extension of filling/capping units Mandatory

5

22 Purchase credentials

Model being offered should have been supplied by the bidder to other private/public sector lubricant manufacturing/filling company. Purchase order credentials and work completion certificate issued by the customer to be submitted Mandatory

23 GST registration (supporting documents to be submitted) Yes Mandatory

24

Financial Criteria: Current ratio(Financial statements for past 3 yrs to be submitted) (Not mandatory for vendors registered with BPCL)

Average of past 3 years should be at least 2 Preferred

25

Financial Criteria: Quick ratio(Financial statements for past 3 yrs to be submitted)(Not mandatory for vendors registered with BPCL)

Average of past 3 years should be at least 1 Mandatory

26

Financial Criteria: Debt/Equity ratio (Financial statements for past 3 yrs to be submitted)(Not mandatory for vendors registered with BPCL)

Average of past 3 years should be maximum 2 Preferred

27

Bank Solvency to be enclosed issued in the past 1 year with minimum value Rs 30 lakhs. (Not mandatory for vendors registered with BPCL) Yes Mandatory

28

Willingness of bidder to undertake comprehensive maintenance contract for 2 years after expiry of warranty of 1 year Bidder to confirm acceptance Mandatory

29 Filling technology for ensuring accuracy

flowmetric with HMI control and calibration possibility at operator level Mandatory

Factory Acceptance Test and Site Acceptance Test are integral to the requirement

SCOPE OF SUPPLY BY BPCL:

1. Electricity required for operating unit. 2. Sample containers/caps/oil for trials

*Bidder to visit site and check for the available area for installation of the machine. Any re-orientation, bend as per area available to be considered for putting the quotation

6

TERMS AND CONDITIONS ANNEXURE - B

TERMS & CONDITIONS:

1. Party is required to quote as per Schedule of Rates attached. 2. FIRM PRICE: Price will be firm and no escalation will be entertained on any ground except on

the ground of statutory levies applicable on the tendered items. 3. PACKING & FORWARDING: The materials should be properly packed so as to withstand all

transit hazards. 4. FREIGHT: Materials shall be dispatched by the vendor to the location on freight paid door

delivery basis by road. 5. DELIVERY PERIOD: Delivery period including supply of materials at site should be completed

within 10 weeks from date of P. O. / L. O. I. 6. PAYMENT TERMS :

a. 100% payment would be made on delivery/supply and successful commissioning on submission of performance bank guarantee of 10 % with validity for a period of 12 months from the date of commissioning. . (NO ADVANCE PAYMENT IN ANY SORT WOULD BE MADE, PLEASE DO NOT ASK IN THE QUOTATION ALSO). Balance 10 % payment will be released against submission of PBG of equivalent amount, valid for one year, from date of commissioning.

7. DOCUMENTATION All documents listed below (in duplicate) should be submitted to respective plants along with consignment and payment shall be released only after receipt of these documents.

i) Invoice ii) Challan iii) Guarantee / Warranty certificate iv) Lorry Receipt/GR v) BPCL Inspection Release note along with Test Certificates. vi) Excise Gate Pass and other relevant documents

8. VALIDITY: The rates quoted against this tender shall be valid for a period of six months from the date of opening of the tender.

9. SPECIAL RIGHTS: BPCL reserves the right to : i. Reject your offer without assigning any reasons thereof ii. Allow the Public Enterprises price preference facilities as admissible under the existing

Govt. policy. iii. Not to accept the lowest rate quoted by the tenderer iv. Cancel the tender or split the tendered quantities v. Order part quantities on vendor.

10. GUARANTEE/WARRANTY: Material shall be guaranteed against manufacturing defects, materials, workmanship and design for a period of 18 months from the date of dispatch or 12 months from the date of commissioning, whichever is earlier. Any part found non functional or damaged during normal operation shall be replaced repaired without any extra cost to BPCL.

11. FORCE MAJEURE: Only the following shall be considered as ‘Force Majeure’ if they intervene before the contractual delivery date and impede performance: Acts of God, Wars, Revolutions and Official strikes.

12. INSTALLATION/ERECTION & COMMISSIONING : Vendor shall have to depute their expert / engineer for commissioning of machines. It is the responsibility of vendor’s engineer to

7

arrange/complete for the internal wiring/cabling of all the line equipments and all the control terminations including that of PLC and other specialized works. Vendor will have to supervise and arrange their skilled engineers for the installation / erection & commissioning of all the materials/equipment at BPCL site and produce a Site Acceptance Report from BPCL sites as a proof of successful commissioning of materials/equipments. .

13. The equipments and their components shall be fully guaranteed against any manufacturing defects / poor workmanship / inferior design or quality etc. for warranty period. During this period, vendor will arrange to repair / replace any defective parts free of cost or replace complete set, if required. Party to give warranty for 18 months from date of supply or 12 months from date of commissioning whichever is earlier.

14. For delay in commissioning due to party’s fault, the warranty date will be accordingly adjusted.

15. Vendor shall have to test and prove the performance of the machine in presence of BPCL’s engineer in-charge against offered parameters at site. Vendor shall have to conduct the trials and provide the training to BPCL’s operators and fitters for effective operation and maintenance of the machine at site. If necessary, vendor will have to deploy their engineer / technician for opening the machine and providing training for initial period after satisfactory commissioning. Quoted rates for installation & commissioning shall be inclusive of all these elements. No extra payment will be made on any account.

16. PENALTY CLAUSE IN THE FORM OF L. D., clause would be levied if delivery of the material and completion of job is delayed beyond stipulated period, at the rate of 0.5% per week of delay to maximum of 5% of total P. O. cost. Force major clause will be applicable and delay on account of this will be allowed. Please draw action plan / activity chart after award job and submit the same to BPCL for approval.

17. Vendor’s quotation shall be in line with BPCL’s requirement, no counter conditions or other costs or at actual will be allowed. If any clarification is required same is to be obtained from BPCL Wadilube (tender sending authority) before submission of quotation.

18. GST: Contractor should be necessarily registered for GST. Self attested GST registration copy to be submitted as proof of registration. If any new tax Is introduced on sale of goods/services by VENDOR to OWNER in lieu of One or more of the then existing taxes or as a new tax altogether and the rate and impact of the new taxes is less than the rate and impact of existing tax or taxes which it replaces, VENDOR shall pass on to OWNER the benefit thereof by way of commensurate reduction in the amount payable by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess than the rate of the new taxes it replaces, the OWNER on satisfactory proof shall reimburse the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the new taxes provided they are within the contractual completion date."

19. RISK PURCHASE: Whenever the vendor fails to complete the job as stipulated in the delivery

schedule and complete the site job as per schedule, BPCL reserves the right to cancel the order in part or in full and procure such quantity from any other sources at his risk, responsibility and cost of the supplier without prejudice to his rights and remedies under other clauses in this contract. We may also withdraw his name from list of approved suppliers. BPCL also reserves the right to procure same or similar materials equipment through other sources at your entire risk, cost and consequences and you will forego the EMD amount.

20. IMPORTANT: Follow all safety rules and regulation as per BPCL standard. All the Contractor Workmen / Supervisor must wear safety belts, safety shoes and helmets (provided by the

8

Contractor) while working at site. If any dilution of using safety equipment is observed then penalty would be charged and recovered from Contractors bill without assigning any reason or excuse.

21. Provide all safety gadgets to your workmen such as safety shoes, helmets, gloves etc. Safety PPE like helmets, safety shoes and safety belts (for working on height) are compulsory for all Contractors staff. If any violation is observed, on the spot job will be stopped and person will be driven out. Any delay in the job schedule on this account is Contractor’s responsibility.

22. Remove all scrap and cart away from the site to scrap yard as shown. Clean site of all debris. No extra payment for daily basis site clearance and final clearing of site.

23. Manpower, material and safety equipments are to be provided by the contractor themselves.

24. Time of completion and quality of job is essence of this contract. 25. EMD :The parties who are not registered with BPCL are required to submit along with their

quotation a bank Demand draft in favour of Bharat Petroleum Corporation Ltd. for a sum equivalent to 5 % of total tendered value as Earnest Money Deposit (EMD) subject to minimum of Rs.5000/- and maximum of Rs.100000/-.EMD will be returned to the unsuccessful tenderers within one month after due date from opening the tender. The EMD of successful tenderer will be retained till the commencement of the work. Thereafter the tenderer may opt to adjust the EMD against security deposit or request return of the EMD. The EMD details should be filled on the envelop in which the parties offer is enclosed. In case if you are registered under Small Scale Industries (SSI) / NSIC, EMD is not required. Vendors registered with BPCL are required to submit valid registration certificate with BPCL and valid SSI / NSIC certificate for in case you are not giving EMD.

26. GENERAL: a) BPCL reserves the right to accept/ reject the whole or part of any tender without

assigning any reason. b) Before quoting visit site to get the idea of the job and site conditions. c) Tenders not conforming to the terms and conditions prescribed in the tender

documents will be rejected. d) BPCL enjoys GST setoff benefits hence assessment of quotation will be done on net

landed cost of the job. e) Any new terms and conditions included by the tenderer shall not be considered and

will not be binding on the corporation. f) Details of tenderer’s relationship with B P C L’s directors should accompany the

offer in the format enclosed g) We shall evaluate the process capability, manufacturing capacity and quality

systems at the supplier’s unit at any time during the contract and would take appropriate action including termination if it is found that the process /systems are not as per our requirement.

h) In case of non-performance, Corporation retains the right to re-allocate the quantity in part or full to meet the requirements.

i) The Corporation will have the right to reject any offer, which in our opinion is below the estimated rate worked out for any type of package included in the tender.

j) Forming cartel and quoting rates in groups would disqualify the tenderer. k) Performance of the supplier during the contract would be a criterion for issuing

future tenders. l) After completion of guarantee period, vendor or his authorized representative will

be given AMC on payment basis.

9

Statutory: Insurance shall be effected for all the vendor’s employees engaged in supervision, erection work & commissioning at site or in any other work carried out by the vendor. Vendor shall have to strictly adhere to all safety/security statutory regulations as applicable for working at site and enforced by our plant manager or his authorized representative. Vendor shall agree to keep BPCL indemnified and save BPCL from any and all claims whatsoever from damages/costs or other wise arising from injuries or alleged injuries to/or death of person or damaged or alleged damages to property and shall take sole responsibility for all such happenings.

10

FORCE MAJEURE CLAUSE If at any time during the continuance of the Purchase Order the performance in whole or part by either party of any obligation under the Purchase Order shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance. Deliveries under the Purchase Order shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of Executive Director (LUBRICANTS), Bharat Petroleum Corporation Ltd., as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate the Purchase Order.

11

ANNEXURE - C

ARBITRATION CLAUSE

a) Any dispute or difference whatsoever arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, application, meaning, scope, operation or effect or termination there, shall be referred to ad finally resolved by arbitration by a Sole Arbitrator, who will be appointed by Director (Marketing) BPCL and such proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996 for the time being in force or as amended from time to time. The award made in pursuance thereof shall be final and binding on the parties.

The parties hereby agree that the Courts in the city of Mumbai 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 Sole Arbitrator hereunder shall be filed ( if so required) in the concerned Courts in the city of Mumbai only. The arbitration shall be conducted in English language.

b) The award shall be made in writing and published by the Arbitrator within such time as the

Arbitrator may deem fit and proper.

c) 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 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.

d) The parties against whom the arbitration proceedings have been initiated, that is to say,

Respondents in the proceedings, 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 or arbitration to the Director (Marketing) for such Counter-Claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matter arising thereof has been referred to him originally and deemed to form part of the reference made by Director (Marketing).

e) The Arbitrator shall be at liberty to appoint, if necessary, any Accountant or Engineer or other

technical person to assist him and to act by the opinion so taken. f) 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.

g) The Arbitrator shall be entitled to direct any 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 Arbitrators expenses whenever called upon to do so.

h) The parties hereby agree that the Courts in the City of Mumbai alone shall have jurisdiction of

entertaining 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 city of Mumbai only.

12

ANNEXURE- D

CERTIFICATE FROM CONTRACTOR

I certify that – 1. I am not related to any of the Directors of BPCL. 2. I am not a partner of a firm in which BPCL director is also a partner. 3. I am not a partner of a firm in which any other partner is related to BPCL Director. I also certify that M/s. ____________________________________(name of the firm which is being

considered for the contract) does not have a partner, who is a Director of BPCL or his relative.

Organization

Name

Designation

Signature &

stamp /seal

Date & Place

13

ANNEXURE - E

SPECIAL TERMS AND CONDITIONS OF TENDER

HEALTH SAFETY SECURITY AND ENVIRONMENT POLICY

The Successful tenderer has to abide the following as per applicable to BPCL Wadilube Location 1. HSSE Policy of BPCL Wadilube Installation 2. Fire Order of the location. 3. Work permit system should be followed strictly as per norms

PENALTY ON ACCOUNT OF NON ADHERENCE TO HSSE NORMS OF THE LOCATION

Sr No Item Penalty Amount (Rs)

1

For not using Personal Protective Equipment with IS mark as per work area requirement (helmet, safety shoes, gloves, safety harness, face shield etc) Rs 500 per day/item/person

2 Working without clearance/permit as applicable Rs 20000 per occasion

3 Execution of work without deployment of requisite supervisor Rs 5000 per violation

14

ANNEXURE - F D E C L A R A T I O N

I,…………………………..Son/Daughter Wife of Shri……………………………Proprietor /Director / Partner of M/s. ……………………………………………….. do hereby solemnly affirm and declare as under: 1) that I am the sole Proprietor / Partner / Director of M/s……………………………………………………………………………………………… 2) that I state and declare that the above Firm / Company M/s……………………………………………………………………………………………… …….. has never been debarred and / or blacklisted any of State Government / Public Sector Unit / Public Bodies / Municipalities / any Enforcement Authority. In case, the above declaration is found to be incorrect or wrong, the contract if awarded to the firm shall be liable to blacklisted / debarred for future works / contract with Textiles Committee. Any such action shall however be without prejudice to Textiles Committee’s rights under the law. Signature of the Proprietor / Partner / Director Shri / Smt./ Miss Note: The Signatory shall not effect any variation in the text of declaration. Declaration in any other form will not be accepted

15

ANNEXURE - G INTEGRITY PACT (not applicable for this tender)

The Integrity pact document as enclosed to be duly signed and enclosed. A proforma of the Integrity Pact

document is enclosed . Please note:

Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents (in case of 2

part bids), duly signed by the same signatory who is authorized to sign the bid documents. All the

pages of the Integrity Pact shall be duly signed. Bidder’s failure to return the IP document duly

signed along with the bid documents shall result in the bid not being considered for further evaluation.

If the bidder has been disqualified from the tender process prior to the award of the

contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to

demand and recover from the bidder Liquidated damages amount by forfeiting the EMD/Bid security

as per provisions of the Integrity Pact.

If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is

entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be

entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting the

Security Deposit ./ Performance Bank Guarantee as per provisions of the Integrity Pact.

Bidders may raise disputes / complaints, if any, with the nominated Independent

External Monitor whose name/ address / contact numbers are as given below:

Shri S.S.N. Moorthy GFQ, 1st Floor, B. Block, Summit Apts.. Mettupalayam Road, Coimbatore - 641043

e-mail:ssnm1950@yahoo.com

Mobile: 09500998610

To be executed on plain paper

Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And

M/s………………………..hereinafter referred to as "The Bidder/Contractor/Supplier" Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

16

a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions. Section 2 - Commitments of the Bidder / Contractor/Supplier

(1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract. b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder / Contractor/Supplier 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 / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

17

(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved. Section 5 - Previous Transgression

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI 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 the contract, if already awarded, can be terminated for such reason. Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors

(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions. Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 - Independent External Monitors

(1) The Principal has appointed competent and credible Independent External Monitors 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 agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

18

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ……………………… …………………………… For the Principal For the Bidder/Contractor/Supplier Place ……………… Witness 1 : ………………

(Signature/Name/Address)

19

Date ………………. Witness 2 : ………………

(Signature/Name/Address)

20

ANNEXURE-H Price bid format (prices to be quoted only on the e-procurement site and should not be mentioned in this annexure or anywhere else)

PRICE BID FORMAT FOR SUPPLY, INSTALLATION AND COMMISSIONING OF 1 NO FLOWMETRIC SMALL PACK FILLING MACHINE

Sr. No. Item Qty Unit

Rate (Rs per unit to be entered by the bidder))

GST (% to be entered by the bidder)

Amount (Rs to be auto calculated)

1

Supply of small pack filling machine along with capping unit as per technical requirement along with change parts for minimum 4 different sizes of containers and caps including delivery 1 no

2 Installation & commissioning 1 LS

3 Comprehensive AMC cost for 2 yrs after warranty 1 LS

SPECIAL RIGHTS: BPCL reserves the right to : vi. Reject your offer without assigning any reasons thereof

vii. Allow the Public Enterprises price preference facilities as admissible under the existing Govt. policy.

viii. Not to accept the lowest rate quoted by the tenderer ix. Cancel the tender or split the tendered quantities x. Order part quantities on vendor.

xi. Bidders to ensure that rates for all the items are quoted

21

Check List for

Ready check list for documents to be submitted.

Sr. No.

Particulars

Sub-mission Online Only

1 Signed and stamped entire Tender Document (including all annexure) uploaded under tenderer login id through e-procurement system on https://bpcleproc.in (as a token of acceptance of all tender terms)

2 Price Bid uploaded under tenderer login id through e-procurement system on https://bpcleproc.in

3 Tenderer’s Covering Letter with list of documents submitted

4 Details of relationship with BPCL Directors (Annexure D)

5 Declaration duly signed as per Annexure F

6 Original Power of Attorney / Resolution of Board for the authorized signatory in case of firms other than sole proprietor.

8 Duly filled Questionnaire as mentioned in Page 3/4/5 in tender document along with along with all supporting documents. In case of any lack of supporting document tenderer will be disqualified.

9 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card

11 Attested copy of previous 3 years audited annual report i.e. 2013-14, 2014-15 & 2015-16.

12 Attested copies GST registration certificate

For all other relevant terms and conditions, please refer to the attached document General Purchase Conditions