(part-i) tender for providing business co- ordination ... bid.pdf · mr. tarun t. dey mr. sam g....

Signature of the Bidder Page | 1

BHARAT PETRORESOURCES LIMITED

9th

FLOOR, MAKER TOWERS, ‘E’ WING

CUFFE PARADE, MUMBAI-400 005,

INDIA

(Part-I)

TENDER FOR

PROVIDING BUSINESS CO-

ORDINATION SERVICES AT

WOODLANDS/HOUSTON, USA, ON PART

TIME BASIS, FOR TWO YEARS.

Tender No. : 1000249897

Due Date:29th

February, 2016 at 15.00 Hrs (IST)


INDEX

PART:

A

Specific Instructions to the Bidder.

PART:

B

Bid Qualification Criteria (BQC).

PART:

C

General Conditions of Contract.

Section I Definition of terms.

Section II General instruction for the Tenderer.

Section III Interpretation of contract documents.

PART:

D

Scope of works

Annex. I Price Bid Format.

Annex. II Deviation Statement.

Annex. III Bio-Data (Resume’).

Annex. IV Details of Wire transfer for EMD.

PART:

E

Standard Format

Annex. A Proforma for Integrity Pact.


PART - A

Specific Instructions to the Bidder

1. The Tender is a two part bid tender and the respective documents should be submitted in

two parts in two separate sealed covers.

a. Part-I (Techno-Commercial Bid) comprising of Specific Instructions to the

bidders, Bid Qualification Criteria (BQC), General Conditions of Contract, EMD

Details, Integrity Pact document, Documentary evidences as proof of satisfying the

BQC, Deviation Statement (if any), Bio data, Scope of works with relevant

Annexures including Price Bid Format WITH PRICES BLANKED OUT and

marked “quoted” against each item. The above documents should be duly stamped

and signed (on all pages) by the Bidder and to be kept in an envelope (First

Envelope) marked as “Techno-Commercial Bid”. No prices should be quoted in

Techno-Commercial bid.

b. Part–II (Price bid) should contain only the prices in the prescribed Price Bid

format, duly sealed and signed, and shall be put in a separate envelope (Second

Envelop) marked as “Price Bid”.

c. Both the First & Second envelops marked as “Techno-Commercial Bid” and

“Price Bid”, respectively, shall be sealed separately and put into another envelope

(Third Envelope) super scribed with the above tender name/number, due date and

time. This Third envelope shall then be sealed and sent to the following address on

or before the Due date/Time (bids received through email/fax will not be accepted):

Manager (Assets)

M/s. Bharat PetroResources Ltd.

9th Floor, Maker Towers, ‘E’ Wing

Cuffe Parade, Mumbai-400 005, India

d. Any clarifications regarding the tender can be had from the following persons at our

BPRL Mumbai Office on any working day during normal working hours (Monday

to Friday from 10 Hrs to 17 Hrs IST).

Mr. Tarun T. Dey Mr. Sam G. Kurian

Manager (Assets) Sr. Manager (Assets)

Phone: +91 22 22175203 +91 22 22175645

E- mail: [email protected] [email protected]

2. Earnest Money Deposit (EMD): Bidders are required to wire transfer the EMD of USD 1550

to the BPRL account as given below and send the details of wire transfer along with the

Techno-Commercial Bid (Annexure-IV of Part D ):

Beneficiary Details Beneficiary Name : Bharat PetroResources Limited

Account Number : 0900911177700197

Banker : BNP PARIBAS, FORT BRANCH,

INDIA

SWIFT CODE : BNPAINBBXXX

Bids without EMD will be summarily rejected.

mailto:[email protected]



3. Your bid should be for valid for a period of 90 days from the opening of the Techno-

Commercial Bids.

4. We request you to carefully go through all tender documents before submitting your

quotations in two parts i.e. Techno-commercial Bid and Price Bid.

5. Please note that any exceptions or deviations to the tender documents are necessarily to be

recorded in the Deviation Statement attached as Annexure-II of Part D. The deviation

statement is required to be submitted along with Techno-Commercial bid. Any exceptions/

deviations brought out elsewhere in the bid shall not be considered.

6. All the bidders are required to provide their complete Bio data including educational

background & work experiences; communication details/address including email

address/phone No./Fax No. etc,(Annexure-III of Part D); Tax Residency Certificate from

USA authorities, has to be submitted as and when requested.

7. Withholding Tax, if any, shall be deducted as per Indian Income Tax Act 1961.

8. You are also requested to keep us informed of any change in address / status of your

business / contact details including email address etc.

9. Please note that the Due date/time for receiving the tenders is 29th

February, 2016 at

15:00 hours, Indian Standard Time (IST). Bids received after the Due date/Time will not

be considered.

10. BPRL reserves the right to accept or reject any or all the bids received at its sole

discretions without assigning any reason whatsoever.

End of Part A


PART-B

BID QUALIFICATION CRITERIA (BQC)

Criteria:

1) Age of the Individual (bidder) shall not be above 58 years on the date of

opening of the techno-commercial bid of the tender. (Attested copy of Birth

Certificate or any other equivalent documents, as a proof of Date of Birth,

required)

2) Individual should be a graduate or equivalent and fluent in English.

(Attested copy of graduation certificate or equivalent document required)

3) The individual providing the services should be based within 100 miles of

The Woodlands/Houston, USA. (Attested copy of residence address proof

required)

4) Individual should have prior experience of having worked in the Oil &

Gas (O&G) Industry or in providing business co-ordination/liaison

services with upstream O&G Industry in USA for at least 3 years.

(Documentary evidence required).

5) Of these, at least one year experience should be on business co-ordination/liaisoning on projects of a total outlay USD 5 Billion or above (Documentary evidence required).

6) Individual shall be legally eligible (either by way of Citizenship or Visa) to reside and work in Houston for this assignment for the entire period of service. BPRL shall not be providing any assistance/guarantee on this

account. (Attested copy of Documentary evidence required).

7) Even though the job is predominantly based on The Woodlands/Houston, the individual shall be prepared to travel for business requirements for short periods of time to locations other than The Woodlands/Houston, in USA or abroad. Travel/Allowances/ other expenses on this account would be paid by the Company separately as per the Company’s policy. For travel outside USA, BPRL shall assist for necessary travel documents. (Undertaking required

from the bidder on its letterhead mentioning that he/she is prepared to

travel for business requirements for short periods of time to locations

other than The Woodlands/Houston, in USA or abroad)

8) Individuals to have a car and a valid Driving License for driving in the state of Texas. (Attested copy of Documentary evidence required).

9) Bidder to provide an undertaking to the effect that bidder does not have any Court/Arbitration proceedings or any record of such proceeding pending in the past five years. (Signed Undertaking required from the bidder on bidder’s letterhead)

10) The bidder to provide an undertaking to the effect that bidder is not on Holiday list or blacklisted/debarred by any Government Department/Public Sector Companies in India as on the due date of submission of bid. (Signed Undertaking required from the bidder on bidder’s letterhead)

Besides documentary evidences, Interview may be conducted in person or through video conferencing for short listing.

End of Part B


PART – C

GENERAL CONDITIONS OF CONTRACT

SECTION – I

DEFINITION OF TERMS

1. In the contract documents as herein defined where the context so admits, the following

words and expressions will have following meanings:

a. “The Owner/Company/BPRL” means the Bharat PetroResources Limited,

incorporated under the laws of Companies Act 1956 at Registrar of Companies

Mumbai (hereinafter referred to as BPRL) having its registered office at 4 & 5,

Currimbhoy Road, Ballard Estate, Mumbai - 400 001 or their successors or assigns

b. “The Contractor”/”Bidder”/”Tenderer” means the individual/person who has

submitted the bid/whose tender has been accepted by the Owner and includes the

Contractor’s legal representative, his successor and permitted assigns.

c. Both The Company and The Contractor are individually called as Party and

collectively called as Parties.

SECTION – II

GENERAL INSTRUCTION FOR THE TENDERER

2.0 SUBMISSION OF TENDER:

2.1 Addenda/Corrigenda to this tender document, if issued must be signed and submitted

along with the tender document. The tenderer should consider the Addenda/Corrigenda

and should price the work based on revised quantities when amendments for quantities

are issued in addenda.

2.2 INSTRUCTIONS FOR TWO PART BIDDING

i) The bid should be submitted in two parts viz.

a. Techno-Commercial bid.

b. Price bid.

ii) Techno-Commercial bid shall have the following information/details

a. Technical deviation, if any.

b. Commercial deviation, if any like extra taxes, duties etc.

c. Copy of Price Bid Format with prices blanked off.

d. Any other relevant information.

iii) Price Bid shall have only prices.

3 DOCUMENTS:

3.1 The tenders, as submitted shall include all documents/details asked for by BPRL in the

Tender enquiry.


3.2 All pages to be initialed:

Wherever signed tender documents are submitted, all signatures in the documents shall

be dated, as well as all the pages of the documents shall be initialed at the lower left hand

corner and signed wherever required in the tender papers by the tenderer before

submission of tender. Tenders without signatures as stated above are liable to be rejected.

3.3 Rates to be in Figures and Words:

The tenderer should quote the rates in English both in figures as well as in words. Offers

received without the rates in figures and in words are liable for rejection. In case of

discrepancy exists between the rate quoted in figures and in words, the rates quoted in

words will prevail.

3.4 Corrections and Erasures:

All corrections and alteration in the entries of tender papers will be signed in full by the

tenderer with date. No erasures or over-writings are permissible. In case of priced bids

containing overwriting/cuttings/erasures in the quoted rates and in case these are not

attested by the signatory of the bid, such priced bids are liable to be rejected without

giving any further notice.

3.5 Signature of Tenderer:

The tender shall contain the name, residence and place of business of person making the

tender, and shall be signed by the tenderer with his usual signature with stamp.

4 (a) EARNEST MONEY DEPOSIT (EMD):

The tenderer must submit/ deposit earnest money, as specified in the covering letter,

failing which the tender is liable to be rejected. The earnest money can be deposited in

the form of Wire transfer in favour of Bharat PetroResources Limited payable at

Mumbai, India.

NOTE: No interest shall be paid by the Owner on the earnest money deposit by the

tenderer. The earnest money of the unsuccessful tenderer will be refunded.

(b) SECURITY DEPOSIT a. The EMD submitted by the successful tenderer will get converted into Security

Deposit. The security deposit will be retained till the successful completion of the

work. No interest will be payable on security deposit.

5 VALIDITY Tender submitted by tenderers shall remain valid for acceptance for a period of 90 days

from the date of opening of the tender (Techno-commercial Bid in the case of two bid).

The tenderer shall not be entitled during the said period of 90 days, without the consent

in writing of the Owner, to revoke, or cancel his tender or vary the tender given or any

term thereof. In case of tenderer revoking or canceling his tender, varying any terms in

regard thereof without the consent of Owner in writing, appropriate penal action will be

taken by BPRL as deemed fit including putting the tenderer/contractor on ‘Holiday

listing’/’Delisting’ barring the tenderer/contractor from participating in future tenders for

an appropriate period from the date of revocation/cancellation/varying the terms. Further,

the earnest money deposited by the tenderer will be forfeited. Once the quotation is

accepted, the rates quoted shall be firm till the entire work is completed.


6 ADDENDA / CORRIGENDA Addenda/ Corrigenda to the tender documents may be issued prior to the date of opening

of the tenders to clarify documents or to effect modification in the design or tender terms.

All addenda/corrigenda issued shall become part of tender Document.

7 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER a) The right to accept the tender will rest with the Owner. The Owner, however, does

not bind itself to accept the lowest tender, and reserves to itself the authority to reject

any or all the tenders received without assigning any reason whatsoever.

b) Tenders in which any of the particulars and prescribed information are missing or are

incomplete in any respect and/or the prescribed conditions are not fulfilled are liable

to be rejected.

c) Canvassing in connection with tenders is strictly prohibited and tenders submitted by

the tenderer who resort to canvassing will be liable to rejection.

d) Tender containing uncalled remarks or any additional conditions are liable to be

rejected.

8 INTEGRITY PACT (IP): The bidders will be required to sign an Integrity Pact with BPRL in the attached format

(Annexure A). Please ensure that Integrity Pact is signed on all the pages as a token of

acceptance of the same. This document is essential and binding. Bidder failure to return the

Integrity Pact duly signed along with the techno-commercial bid documents shall result in

the bid not being considered for further evaluation and deemed to be rejected.

9 RETIRED GOVERNMENT OR COMPANY OFFICER No Engineer of Gazetted rank or other Gazetted Officer, employed in Engineering or

Administrative duties in an Engineering Department of any Indian State/Central

Government or of the Owner is allowed to work as a Contractor for a period of two years

after his retirement from Indian State/Central Government service or from the

employment of the Owner without the previous permission of the Owner. The contract, if

awarded, is liable to be cancelled if either the contractor is found at any time to be such a

person, who had not obtained the permission of the aforesaid Government, and of the

Owner as aforesaid before submission of tender, or engagement in the Contractor’s

service as the case may be.

10 SIGNING OF THE CONTRACT The successful tenderer shall be required to execute an agreement within a period of two

weeks of the receipt by him/her of the notification of acceptance of tender. The payment

will not be processed till the time the agreement is executed.

SECTION – III

INTERPRETATION OF CONTRACT DOCUMENTS

11 INTERPRETATION OF CONTRACT DOCUMENT 11.1 Except if and to the extent otherwise provided by the Contract, the provisions of the

General Conditions of Contract and special conditions shall prevail over those of any

other documents forming part of the contract. Several documents forming the contract


are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency,

error or omission in the contract or any of the matter may be referred to Engineer-in-

Charge, who shall give his decisions and issue to the Contractor instructions directing in

what manner the work is to be carried out. The decision of the Engineer-in-Charge shall

be final and conclusive and the contractor shall carry out work in accordance with this

decision.

11.2 Headings and marginal notes to the clauses of these General Conditions of Contract or to

specifications or to any other tender document are solely for the purpose of giving a

concise indication and not a summary of the content thereof, and they shall never be

deemed to be part thereof or be used in the interpretation or construction thereof of the

Contract.

11.3 Singular and Plural

In these contract documents unless otherwise stated specifically, the singular shall

include the plural and vice-versa wherever the context so requires. Words indicating

persons shall include relevant incorporated companies/registered as associations/ body of

individual/ firm or partnership.

12 CONTRACTOR TO OBTAIN HIS OWN INFORMATION The contractor in fixing rate shall for all purposes whatsoever be deemed to have himself

independently obtained all necessary information for the purpose of preparing his tender.

The contractor shall be deemed to have examined the Contract Documents, to have

generally obtained his own information in all matters whatsoever that might affect the

carrying out of the works at the scheduled rates and to have satisfied himself to the

sufficiency to his tender. Any error or omission therefrom shall not vitiate the contract or

release the Contractor from executing the work comprised in the contract according to

scope of work at the scheduled rate. He/she is deemed to have known the scope, nature

and magnitude of the works and the requirements of materials and labour involved etc.

and as to what all works he has to complete in accordance with the contract documents

whatever be the defects, omissions or errors that may be found in the Contract

Documents. He/she is deemed to have acquainted him/herself as to his/her liability for

payment of Government taxes, customs duty and other charges. Any neglect or failure on

the part of the Contractor in obtaining necessary and reliable information upon the

foregoing or any other matters affecting the contract shall not relieve him from any risk

or liabilities or the entire responsibility from completion of the works at the scheduled

rates and time in strict accordance with the contract documents.

No verbal agreement or inference from conversation with any officer or employee of the

owner either before or after the execution of the contract agreement shall in any way

affect or modify any of the terms or obligations herein contained.

13 SECURITY DEPOSIT 13.1 To ensure performance of the contract and due discharge of the contractual obligations,

the successful bidder will have to provide Security Deposit of USD 1550. The Earnest

Money Deposit (EMD) submitted will get converted into security deposit for the

successful bidder.

This security deposit will be retained till the successful completion of the work. No

interest will be payable on security deposit.


13.1 All compensation or other sums of money payable by the contractor to the Owner under

terms of this contract may be deducted from his security deposit/retention money or from

any sums which may be or may become due to the contractor by the Owner on any

account whatsoever and in the event of his security deposit being reduced by reasons of

any such deductions. The contractor shall within ten days thereafter make good any sum

or sums, which may have been deducted from his security Deposit. No interest shall be

payable by the Owner from sum deposited as security deposit.

13.2 The security deposit shall be held by the Owner, as security for the due performance of

the Contractor’s obligations under the contract, provided that nothing herein stated shall

make it incumbent upon the Owner to utilize the security deposit in preference to any

other remedy which the Owner may have, nor shall be construed as confining the claims

of the Owner against the contractor to the quantum of the Security Deposit.

13.3 The Bank guarantee if submitted shall be from any Indian scheduled bank or an

international bank of repute having a branch in India or a corresponding banking

relationship with an Indian scheduled bank. The security deposit shall be in the same

currency to that of the quotation submitted by the bidder.

14 FORCE MAJEURE For the purpose of this engagement, "Force Majeure" means an event which is beyond

the reasonable control of a Party, and which makes a Party's performance of its

obligations hereunder impossible or so impractical as reasonably to be considered

impossible in the circumstances, and includes, but not limited to, war, riots, civil

disorder, earthquake, fire, explosion, storm, flood, or other adverse weather conditions,

strikes, lockouts or other industrial action (except where such strikes, lockouts or other

industrial action are within the power of the Party invoking Force Majeure to prevent),

confiscation or any other action by government agencies.

Force Majeure shall not include (i) any event which is caused by the negligence or

intentional action of a Party or such Party's agents or employees, nor (ii) any event which

a diligent Party could reasonably have been expected to both (A) take into account at the

time of conclusion of this Engagement and (B) avoid or overcome in the carrying out of

its obligations hereunder.

End or Part-C


PART – D

SCOPE OF WORK

1. Scope of Work broadly includes, but not limited to the following:

a) Co-ordinating the business interests of BPRL with the Woodlands, Texas based Operator (s),

in connection with oil and gas assets in East Africa, South America or elsewhere, as directed

by BPRL.

b) Providing business co-ordination services required on part-time basis – 2 days a week, or as

specified by BPRL. Presently, the engagement is for Tuesdays and Thursdays every week. Each

day shall be considered for a minimum of 8 hours working.

c) Attending meetings/presentations etc and interacting, liaising and seeking clarifications from the

Woodlands based Operator(s) or business associates on matters as advised by BPRL.

d) Communicating and updating BPRL officials /management on regular basis on the project

developments and related matters.

e) Providing inputs and support services for generating business, services and opportunities that

may be required in respect of existing or potential business interest of BPRL or its affiliates or its

Parent Company, directly or indirectly.

f) Any other services that the Company may require from the Contractor, from time to time.

Other terms and conditions:

2. Duration of Contract: The duration of the contract shall be for a period of two years,

tentatively from April 2016. However, the contract can be terminated with sixty (60) days notice

from either side. The Contractor undertakes to ensure that he/she holds him/herself available to

perform the services on the terms and conditions and in the manner as provided herein in this

tender.

3. Performance of Duties: The Contractor shall perform his/her duties in the offices of the

Company, or its Affiliates, or at client sites, or its Operator’s office at The Woodlands, or at

other locations, as mutually agreed. At his/her discretion, the contractor may reject to provide

any services or duties that are improper and / or unethical. In addition, the contractor will not

engage in any services or activities that are in violation of Texas Law.


a) The Contractor agrees that he/she will serve the Company and / or any of its Affiliate to the

best of his/her ability, and while engaged, devote attention and efforts to the business and

affairs of the Company and / or any of its Affiliates.

b) The Company acknowledges that the Contractor, from time to time, may be engaged in

performing services for other entities, firms, persons or companies, outside of this tender.

The Contractor agrees not to engage him/herself in any venture which is in conflict with

current or proposed activities of the Company while representing the Company.

4. Working Hours: The Contractor is required to provide his/her services on part-time basis for

two days (on week days) working in a week. Each day will be considered for a minimum of 8

hours working. Work timings would be fixed by the Company on need basis. In exceptional

circumstances, based on the need of the job, BPRL may advise the Contractor to work more than

two days in a week, on week days. Presently, the engagement is for Tuesdays and Thursdays

every week.

No extra payment will be made towards conveyance between Contractor’s residence and work

place which could be the Operator’s office at The Woodlands.

5. Reimbursement for Out-of-pocket Expenses: The Company agrees to reimburse (against

submission of actual invoices) the Contractor all reasonable necessary out-of-pocket expenses

incurred by him/her in the performance of Services under this Tender, subject to the Company's

normal policies for expense verification. Before incurring such expenses the Contractor

needs to take prior approval from the officer in-charge of the Company.

6. Payments Terms. The Contractor shall, within 7 days from the last day of each calendar month,

submit Invoice along with a written report to the Company, setting forth its time actually spent

on the Business Co-ordination Services for the Company and / or its Affiliates, with a brief

description of the services rendered for each time segment from the date of the immediately

preceding report. The Company shall pay the Compensation for such reporting period within 30

calendar days after the Invoice & report is submitted. In the event of termination of the contract,

the Contractor shall submit the final Invoice along with written report to the Company within 7

days of termination, and the Company shall pay such Compensation within 14 days of receipt of

the final invoice. All payments will be made in US$ only. Withholding Taxes, if applicable, will

be deducted from each payment, as per Indian Income Tax Act 1961.


7. Confidentiality: The Contractor shall concurrently execute and deliver to the Company a

Confidentiality Agreement in the Company’s standard format, pursuant to which the Contractor

shall agree to preserve the confidentiality of all information and other trade secrets, whatsoever,

of the Company, or its Affiliates or Operator(s), during the period of the contract and also upto a

period 5 years beyond the expiry of the contract.

8. Termination: The contract shall automatically terminate upon (a) the dissolution, liquidation or

bankruptcy of the Contractor, or (b) non-availability of the Contractor, due to any reason,

whatsoever, including due to the reasons of his/her resignation, and death or permanent

disability or (c) upon any breach by either Party under the contract which is not cured within 10

days following notice thereof from the other party or (d) upon a notice of termination as stated in

Clause 2 above.

9. Independent Contractor: The Contractor agrees and acknowledges that in performing his/her

duties pursuant to the contract, he/she shall be acting as an independent contractor, and not as an

employee, agent, partner or joint venture of the Company and / or any of its Affiliate. The

Contractor, agrees that he/she shall not be authorized to, nor shall he/she, enter into any

commitments, agreements or undertakings or assume any responsibilities in the name or on

behalf of the Company and / or any of its Affiliates; and he/she agrees to indemnify and hold the

Company and / or any of its Affiliates harmless from and against any and all claims and

liabilities arising out of any such breach by him/her of this undertaking.

10. Successors and Assigns. Due to the personal nature of the services to be performed by the

Contractor, in terms of his/her experience and expertise to perform such services in a

professional manner, the Contractor agrees that he/she shall not assign or transfer any of his/her

duties or obligations under the contract, and any attempt to do so shall constitute a breach by the

Contractor of its obligations under the contract. All covenants and agreements herein shall bind

and inure to the benefit of the respective heirs, executors, administrators, successors and assigns

of the Parties hereto.

11. GOVERNING LAW AND JURISDICTION

This Engagement shall be governed by and construed in accordance with Indian Law. The

Indian courts in Mumbai shall have the exclusive jurisdiction.


12. ARBITRATION

The Contractor and BPRL shall settle disputes arising out of this agreement in good faith. In the

event that a dispute cannot be so resolved after 30 days, the Parties agree that the agreement

shall be subject to arbitration under the Indian Arbitration & Conciliation Act 1996 and the

UNCITRAL Rules. Notwithstanding anything to the contrary in such rules, there shall be three

arbitrators, one appointed by BPRL, one appointed by the Contractor and the third appointed by

the other two arbitrators. The exclusive venue of arbitration shall be Mumbai, India. The Party

prevailing in the arbitration shall be entitled to an award of its costs and attorneys' fees. No

aspect of any arbitration proceedings shall be made public by either Party.

13. MISCELLANEOUS

a) Headings used in this document are for ease of reference only and shall not affect its

interpretations.

b) The Contractor including their personnel shall comply with all laws, regulations and

requirements of local or other authority in the county where the work is to be performed.

c) The Contractor shall, at no additional cost to BPRL, self insure or effect and maintain

adequate insurance (including their personnel) to cover the liabilities of any kind and as may

be required by any applicable governmental or other appropriate bodies, shall in no way take

responsibility or liability on this account.

d) The Contractor shall be responsible for payment of all taxes, duties and charges (and any

penalties thereon) assessed or levied by any appropriate Govt. authority


ANNEXURE- I

Price Bid Format (Price Not to be Quoted here) Your Quote shall be in US$ only

S.

No

.

Description Unit Quantity

(A)

Unit Price

(Rate per

Unit)

(in US$)

(B)

Amount

(in US$)

(A*B)

1.

Professional fees for providing

Business Co-ordination Services

for 2 days (Week days) working

in a week.

Each day shall be considered for

a minimum of 8 hours working.

(Rate shall be fixed and valid

throughout the contract period).

Week

104

2. Professional fees for providing

Business Co-ordination Services

for any additional days (on

week days) working over and

above 2 days in a week as

mentioned in S. No.-1 above.

(This item is provisional).

Each day shall be considered for

a minimum of 8 hours working.

(Rate shall be fixed and valid

throughout the contract period).

Day 10

Sub Total ( X)

Tax (@________ %) , if any (Y)

Grand Total (inclusive of Tax) (X+Y)

Total Amount in words: US$

Bid shall remain valid for acceptance by BPRL for a period of 90 days from the date of opening

of the Techno-commercial Bid of the tender.

Please do not quote here.

Price to be quoted only in

Price Bid (Part-II)


ANNEXURE - II

DEVIATION STATEMENT

1. NIL DEVIATIONS

OR 2. DEVIATIONS AS GIVEN BELOW/ AS PER ATTACHED SHEET


ANNEXURE - III

BIO-DATA (RESUME’)

BIO-DATA (RESUME’) AS GIVEN BELOW/ AS PER ATTACHED SHEET


ANNEXURE - IV

DETAILS OF WIRE TRANSFER FOR THE ‘EMD’

DETAILS OF WIRE TRANSFER OF USD 1550 TOWARDS EARNEST MONEY

DEPOSIT IS GIVEN BELOW:

End of Part-D


PART-E

STANDARD FORMAT


Annexure-A

PRE CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made

on …….. ………………………………..day of the month of ………….. ………………………2016, between,

Bharat PetroResources Limited (hereinafter called the "Principal", which expression shall mean and include, unless the

context otherwise requires, his successors in office and assigns) of the First Part and Mr./(s)

…………………………………………………………………………………………………. (Hereinafter called

the "BIDDER /Seller/Contractor/Supplier" which expression shall mean and include, Seller, Contractor/Supplier and

unless the context otherwise requires, his successors and permitted assigns) of the Second Part.

VVHEREAS the Principal proposes to award, under the laid down organization procedures, contract/s for hiring of

“Business Coordination Services at Woodlands/Houston, USA, on Part Time basis, for a period

of two Years”. 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 Bidders. The Principal has

appointed Independent External Monitor who will monitor the tender process and the execution of the contract for

compliance with the Principles mentioned above.

WHEREAS the Principal proposes to hire “Business Coordination Services at Woodlands/Houston,

USA, on Part Time basis, for a period of two Years”. (Name of the stores / Equipment / Item) and the

BIDDER is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private individual/ company/public company/Government

undertaking/partnership/registered export agency, constituted in accordance with the relevant law in the matter (as

applicable) and the PRINCIPAL is a Government Company.

NOW THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced

dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to :-

Enabling the PRINCIPAL to obtain the desired said stores/equipment at a competitive price in conformity with the

defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by

providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the

PRINCIPAL will commit to prevent corruption, in any form, by its officials by following transparent procedures.


The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the PRINCIPAL

1. 1 The PRINCIPAL undertakes that no official of the PRINCIPAL, connected directly or indirectly with the

contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration,

gift. reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for

themselves or for any person, organization or third party related to the contract in exchange for an advantage in the

bidding process, bid evaluation, contracting or implementation process related to the contract.

1.2 The PRINCIPAL will, during the pre-contract stage, treat all BIDDERs alike, and before and during the tender

process will provide to all BIDDERs the same information and will not provide any such information to any

particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other

BIDDERs.

1.3 The principal will exclude from the process all known prejudiced persons.

1.4 All the officials of the PRINCIPAL will report to the Vigilance office of its Holding company (Bharat Petroleum

Corporation Ltd) for any attempted or completed breaches of the above commitments as well as any substantial

suspicion, criminal offences of such a breach.

2 In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the

PRINCIPAL with full and verifiable facts and the same is prima facie found to be correct by the PRINCIPAL,

necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be

initiated by the PRINCIPAL and such a person shall be debarred from further dealings related to the contract

process. In such a case while an enquiry is being conducted by the PRINCIPAL the proceedings under the

contract would not be stalled.

Commitments of BIDDERs

3 The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal

activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract

or in furtherance to secure it and in particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any

material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the

PRINCIPAL, connected directly or indirectly with the bidding process, or to any person, organization or third party

related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of

the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe,

gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the PRINCIPAL or otherwise in procuring the Contract or forbearing to


do or having done any act in relation to the obtaining or execution of the contract or any other contract with the

Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any

other contract with the Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their

foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection

with this bid/contract.

3.5 The BIDDER further confirms and declares to the PRINCIPAL that the BIDDER is the original

manufacturer/integrator/authorized government sponsored export entity of the defense stores and has not engaged

any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to

the PRINCIPAL or any of its functionaries, whether officially or unofficially to the award of the contract to the

BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company

in respect of any such intercession, facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall

disclose any payments he has made, is committed to or intends to make to officials of the PRINCIPAL or their

family members, agents, brokers or any other intermediaries in connection with the contract and the details of

services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness

and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal

activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any

information provided by the PRINCIPAL as part of the business relationship, regarding plans, technical proposals

and business details, including information contained in any electronic data carrier. The BIDDER also undertakes

to exercise due and adequate care lest any such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without

supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned

above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or

indirectly, is a relative of any of the officers of the PRINCIPAL, or alternatively, if any relative of an officer of the

•tD


PRINCIPAL has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the

time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act

1956,

3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions,

directly or indirectly, with any employee of the PRINCIPAL.

3.14 The BIDDER 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 cartelization in the bidding

process.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before

signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices

envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that

could justify BIDDER's exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the

tender process or the contract, if already awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit the applicable amount as Earnest

Money/Security Deposit, with the

PRINCIPAL through any of the following instruments:

( i ) Bank Draft or a Pay Order in favour of Bharat Petroresources Limited ______

( i i ) A confirmed guarantee by an Indian Nationalised Bank, promising payment of the

guaranteed sum to the PRINCIPAL on demand within three working days without any

demur whatsoever and without seeking any reasons whatsoever. The demand for payment

by the PRINCIPAL shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the RFP).

5.2 The Earnest Money/Security Deposit shall be valid upto a period of three months or the complete

conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the

PRINCIPAL, including warranty period, whichever is later.

5.3 In case of the successful BIDDER a clause would also be incorporated in the Article for Violation shall

be applicable for forfeiture of Performance Bond in case of a decision by the PRINCIPAL to forfeit the

same without assigning any reason for imposing sanction for violation of this Pact.

5.4 No interest shall be payable by the PRINCIPAL to the BIDDER on Earnest Money/Security Deposit

for the period of its currency.

7 _


6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its

behalf (whether with or without the knowledge of the BIDDER) shall entitle the PRINCIPAL to take

all or any one of the following actions, wherever required-

(i) To immediately call off the pre contract negotiations without assigning any reason or

giving any compensation to the BIDDER. However, the proceedings with the other

BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or

Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either

fully or partially, as decided by the PRINCIPAL and the PRINCIPAL shall not be required

to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to

the BIDDER.

(iv) To recover all sums already paid by the PRINCIPAL, and in case of an Indian BIDDER

with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of

India, while in case of a BIDDER from a country other than India with interest thereon at 2%

higher than the LIBOR. If any outstanding payment is due to the BIDDER from the

PRINCIPAL in connection with any other contract for any other stores, such outstanding

payment could also be utilized to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by

the BIDDER, in order to recover the payments, already made by the PRINCIPAL, along

with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay

compensation for any loss or damage to the PRINCIPAL resulting from such

cancellation/rescission and the PRINCIPAL shall be entitled to deduct the amount so

payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the Government of

India for a minimum period of five years, which may be further extended at the discretion of

the PRINCIPAL.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or

broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract

signed by the PRINCIPAL with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the PRINCIPAL to forfeit the same

without assigning any reason for imposing sanction for violation of this Pact.

6,2 The PRINCIPAL will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact

also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or

without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860

or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.


6.3 The decision of the PRINCIPAL to the effect that a breach of the provisions of this Pact has been committed by the

BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the

Independent Monitor(s) appointed for the purposes of this Pact.

6.4 If the Principal obtains knowledge of conduct of a BIDDER, its subcontractor, employee or representative or an

associate of a Bidder which constitutes corruption, or it the Principal has substantive suspicion in this regard, the

Principal will inform the Vigilance Office of BPCL.

7. Fall Clause

7.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems

at a price lower than that offered in the present bid in respect of any other Ministry/Department of the

Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was

supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a

lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case

and the difference in the cost would be refunded by the BIDDER to the PRINCIPAL, if the contract has

already been concluded.

8. Independent Monitors

8.1 The PRINCIPAL has appointed competent and credible Independent Monitors (hereinafter referred to as

Monitors) for this Pact. Name and address of the Monitor is given below:

Name: Shri. Brahma Dutt

Address: A-1, Safdarjung Enclave, New Delhi - 110029

Phone No.: 09871920282

Email id: [email protected]

8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties

comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions

neutrally and independently. He will report to the Board of Directors of the Principal.

8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the

project/procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority

designated by the PRINCIPAL and request 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

Monitor shall give an opportunity to the BIDDER to present its case before its recommendation to the Principal.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation

of the PRINCIPAL including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his

request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation.

The same is applicable to Subcontractors. The monitor shall be under contractual obligation to treat the

information and documents of the BIDDER/Subcontractor(s) with confidentiality.

8.7 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 parties. The

parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of PRINCIPAL/Secretary in the Department/

within 8 to 10 weeks from the date of reference or intimation to him by the PRINCIPAL / BIDDER and, should

the occasion arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the PRINCIPAL

or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER

and the BIDDER shall provide necessary information and documents in English and shall extend all possible

help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the PRINCIPAL at

Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any

issue/dispute arising under Integrity Pact.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete

execution of the contract to the satisfaction of both the PRINCIPAL and the BIDDER/Seller, including

warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after

six months from the date of the signing of the contract. If any claim is made/lodged during this time, the

same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is

discharged/determined by the Managing Director of the Principal.


12.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall remain

valid. In this case, the parties will strive to come to an agreement to their original intentions.

12.3 Changes and supplements as well as termination notices need to be made in writing. Side agreements have

not been made.

13 The parties hereby sign this Integrity Pact at (Place)………………………. On (date)

_______________________.

Sd/-

PRINCIPAL Signature of the Bidder:

Tarun Dey. Name of the Bidder:

Manager (Assets)

Witness Witness