tata consulting engineers limited import/ export … · [email protected], [email protected] ....

SPEC. NO. TCE.6079B-B-Z-204

TATA CONSULTING ENGINEERS LIMITED SECTION: Title

IMPORT/ EXPORT LIMITER PANEL, LOAD SHEDDING & ISLANDING PANEL

SHEET i OF i

ISSUE R0

BHARAT PETROLEUM CORPORATION LIMITED

REQUEST FOR QUOTATION

RFQ NO: TCE.6079B-B-Z-204

IMPORT/ EXPORT LIMITER PANEL, LOAD SHEDDING & ISLANDING PANEL

Project : GRID POWER AGUMENTATION

Location : MAHUL, MUMBAI (INDIA)

TATA CONSULTING ENGINEERS LIMITED RAJ PLAZA, 2ND FLOOR, L.B.S. MARG, VIKHROLI (WEST) MUMBAI – 400 083. INDIA. TEL 91-22-66472111 Fax 91-022-66472000 EMAIL: [email protected], [email protected]

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mailto:[email protected]



TATA CONSULTING ENGINEERS LIMITED SECTION: Contents

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PART - I : GENERAL AND COMMERCIAL

SL.NO. SPECIFICATION NO. ISSUE

NO. TITLE

NO. OF SHEETS

1. TCE.6079B-B-Z-204 Acknowledgement & Intention To Bid 2

2. TCE.6079B-B-Z-204 R0 Instructions To Bidders 14

Schedule Of Bidder’s Experience 1

Schedule Of Commercial Deviations 1

Schedule Of Deviations From Technical Specifications

1

Check List For Submission Of Bid 3 3. TCE.6079B-B-Z-204 R0 Special Purchase Conditions 10

4. TCE.6079B-B-Z-204 R0 Integrity Pact 4

5. TCE.6079B-B-Z-204 R0 Quality Management System 6 6. BPCL Doc R0 General Purchase Conditions –

Indigenous Material & Equipment 8

7. TCE.6079B-B-Z-204 R0 Pre-Filled Agreed Terms & Conditions (Indian Bidders)

10

8. TCE.6079B-B-Z-204 R0 General Purchase Conditions – Imported Material & Equipment

7

9. TCE.6079B-B-Z-204 R0 Pre-Filled Agreed Terms & Conditions (Foreign Bidders)

9

10. TCE.6079B-B-Z-204 R0 General Conditions of Contract ( applicable for Site work only)

102

11. TCE.M4-917 R2 Safety Conditions for Undertaking Site work

9

12. TCE.M4-918 R1 Contractor’s Health & Safety Programme

19

13. BPCL Doc Special Safety Conditions ( Essential Requiremment) from BPCL

20

14. BPCL Doc Safety Practices during Construction 73

15. TCE.6079B-B-Z-204 R0 Project Information 2

16. TCE.M4-903 R5 Drawings, Engineering Documents and Instruction Manuals

6

17. TCE.M4-914 R7 Progress Schedule and Reports 3

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CONTENTS SHEET ii OF iii

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NO. TITLE

NO. OF SHEETS

18. TCE.6079B-954 R0 Schedule of Distribution of Drawings and Documents

1

19. TCE.6079B-B-Z-204 R0 Schedule Of Price 11

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CONTENTS SHEET iii OF iii

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PART - II : TECHNICAL


NO. TITLE

NO. OF SHEETS

1. TCE.6079B-B-Z-204 R0 SPECIFIC REQUIREMENTS FOR IMPORT/ EXPORT LIMITER PANEL, LOAD SHEDDING & ISLANDING PANEL

114

2. TCE-M4-904 R9 SHOP INSPECTION AND TESTS 7

DRAWINGS

1. TCE-6079B-EL-SK-2002 R0 SYSTEM ARCHITECTURE FOR ISLANDING AND LOAD SHEDDING SCHEME (Exhibit- I)

1

2. TCE-6079B-734-SK-2001 R1 LOGIC DIAGRAM FOR ISLANDING AND LOAD SHEDDING SCHEME (Exhibit- II)

1

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ACKNOWLEDGEMENT & INTENTION TO BID

Attention: Mr. P K Lenka/ Ms. A V Deshpande

TATA Consulting Engineers Limited

Raj Plaza, Second Floor,LBS Marg, Vikhroli (W).Mumbai- 400 083. Phone: 022-66472111 Fax: 022-66472000

SUB: CONFIRMATION TO BID

TENDER / ENQUIRY NO.___________________ DTD._______

WORK / ITEM: _______________________________________

Dear Sirs,

We hereby acknowledge receipt of a complete set of bid document along with enclosures for the subject work / item as per the table of contents for our use in preparing the bid.

We undertake that the contents of the above tender document shall be kept confidential and further that the drawings, specifications, and documents shall not be transferred and the said documents will be used only for the purpose which they are intended.

(A) We intend to bid as requested for the subject items and furnish following details with respect to our offices:

Quoting Office Contact Person at Mumbai, if any, for Indian Bidders & Contact Person in India for Foreign Bidders

Postal Address: Postal Address:

Telephone Number: Telephone Number:

Fax Number: Fax Number:

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e-mail address: e-mail address:

Contact Person: Contact Person:

Mobile Number: Mobile Number:

(B) We confirm that our offer shall be submitted within the due date.

(C) We are unable to bid for reasons given below and we are returning the entire set of tender documents

Reasons for Non-Submission of Bid:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

________________________________________________

Company’s Name: ______________________________

Signature: ______________________________

Name: ______________________________

Designation: ______________________________

Date: ____________

Note: Bidders are requested to furnish the details mentioned in (A), (B) or (C) above, immediately after receipt of tender documents.

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SPEC.NO. TATA CONSULTING ENGINEERS LIMITED SECTION: ITB

TCE.6079B-B-Z-204 INSTRUCTION TO BIDDERS

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1 INTRODUCTION

1.1 Bharat Petroleum Corporation Limited (BPCL) is in the process of installing a 1.2 MMTPA Continuous Catalytic Regeneration Reformer (CCR) and Naphtha Hydro Treater (NHT) unit in their Mumbai Refinery at Mahul. TATA Consulting Engineers Limited (TCE) has been appointed as the Project Management Consultant to provide Engineering, Procurement and Construction Management services for the utilities and offsites for CCR/NHT units.

1.2 TCE on behalf of BPCL invites sealed bids under two bid system for the entire work covered in the bidding document. All bids are to be completed and returned in accordance with tender requirements within the duration as mentioned below.

2 IMPORTANT POINTS TO BE NOTED

2.1 Due date for submission of bids: 12:30 Hrs of 31-10-2011 at TCE, Vikhroli, Mumbai office.

2.2 Pre- Bid at TCE Office on 10.30 Hrs of 14-10-2011 at TCE, Vikhroli, Mumbai office.

2.3 Technical un-priced bid opening: 15:30 Hrs of bid due date at TCE, Vikhroli, Mumbai office

2.4 Bid Validity: Bids shall remain valid for 4 months after the deadline for bid submission.

2.5 Bid security/ Earnest Money Deposit (EMD): Not applicable.

2.6 Bidders to note the Bid Rejection Criteria as detailed in clause no. 10.

2.7 The offers submitted by bidders shall be either neatly spiral bounded or hard bounded. Offers submitted in loose/stapled papers will not be accepted.

3 BIDDERS QUALIFICATION CRITERIA: 3.1 Technical Criteria

3.1.1 The offered system shall have Proven Track Record (PTR) from minimum 2 users for working satisfactorily for at least 2 years. The Bidder shall accordingly furnish end-user certificates.

3.1.2 The Bidder is required to show a similar Dynamic contingency based load shedding scheme which is in satisfactory operation to TCE / BPCL at the time of evaluation of offer.

3.1.3 The Bidder shall not be on Holiday list of BPCL/ TCE. 3.2 Financial Criteria

3.2.1 Bidder shall have supplied, executed and completed in the previous 5 (five) years period, (to be reckoned from ending last day of month

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previous to the one in which tender is floated) at least one order of Load Shedding & Islanding Panels not less than Rs 4,50,00,000/- (Rupees Four Crores Fifty Lakhs only) or USD 9,00,000/-

OR

Bidder shall have supplied, executed and completed in the previous 5 years period, (to be reckoned from ending last day of month previous to the one in which tender is floated) at least two orders of Load Shedding & Islanding Panels, each of value not less than Rs. 3,00,00,000 /- (Rupees Three Crores only) or USD 6,00,000/-

3.2.2 The average annual turnover of the bidder during the preceding 3 (three) financial years (FY 2008-2009, 2009-2010 & 2010-2011) should be at least Rs. 12,00,00,000/- (Rupees Twelve Crores only) or USD 24,00,000/-

3.2.3 The bidder shall have earned a net profit for the last three consecutive financial years i.e. 2008-2009, 2009-2010 & 2010-2011.

3.2.4 The net worth of the bidder as per the latest audited annual financial results should be positive.

4 BIDDING DOCUMENTS

4.1 Bidding documents consist of:

(a) Scope of work / supply (b) Acknowledgement Letter format (c) Instructions to Bidders (ITB) (d) Special Purchase Conditions (SPC) (e) General Purchase Conditions (GPC) (f) Pre Filled Agreed Terms & Conditions (Indian)

4.2 The bidder is expected to examine the bidding documents, including all instructions, forms, General Purchase Conditions / General Conditions of Contract, Special Purchase Conditions / Special Conditions of Contract, Technical Specifications, Drawings and other documents and to fully familiarize itself with the requirements of the bidding documents. Failure to furnish all the information required by the Bidding Documents or the submission of a bid not substantially responsive to the Bidding Documents in every respect may result in the rejection of the Bid.

4.3 Immediately on receipt of Bidding Document, Bidder shall acknowledge the receipt and confirm his intention to bid for the tendered work / scope of supply as per the Acknowledgement format given in Bidding Document.

5 BID DOCUMENT FEES AND COST OF BIDDING

5.1 Bidders shall deposit Tender fees of of INR 1000/- (25 USD) in the form of Demand Draft / Pay Order drawn in favour of "Bharat Petroleum Corporation Ltd." payable at Mumbai prior to submission of bids or at the time of

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submission of bids. Bids from bidders who have not paid Tender fees will not be considered for evaluation.

5.2 The bidder shall bear all costs associated with the preparation and delivery of its bid including (but not limited to) costs and expenses related to visits to the site (s) and other locations, and the cost of any tests, investigations, evaluations and consultations. BPCL/TCE will in no case be responsible or liable for any costs regardless of the outcome of the bidding process.

6 DUE DATE FOR SUBMISSION OF BIDS

6.1 As indicated in item Sr. No. 2 above, the Original bid together with required copies must be received by the designated authority on or before the due date & time.

6.2 TCE may, at its discretion, extend the deadline for the submission of bids by amending the bidding documents, in which case all rights and obligations of the TCE and bidders previously subject to the deadline, will thereafter be subject to the deadline as extended.

7 MODIFICATION & WITHDRAWAL OF BIDS

7.1 The bidder may modify or withdraw his bid after the bid's submission, provided that written notice of the modification or withdrawal is received by TCE prior to the deadline prescribed for submission of bids.

7.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions for submission of bids.

7.3 A bid may not be withdrawn or modified after the deadline for submission of bids during the period of bid validity without forfeiting the bid security unless the modification shall be made upon an invitation by TCE permitting the bidder to modify the bid.

7.4 If a bid is properly modified within the foregoing provisions, the bid as modified shall constitute the bid offer.

8 LATE BIDS

Any bid received by TCE after the deadline for submission of the bids (including any extension(s) hereof) will be declared "Late" and rejected and returned unopened to the bidder.

9 BID VALIDITY

9.1 Bids shall remain valid for a period as indicated in Sr. no. 2 above.

9.2 Notwithstanding the above, TCE may solicit the bidder's consent to an extension of the period of bid validity. The request and the responses thereto shall be made in writing (by fax/ email).

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9.3 A bidder accepting the request for extension shall not be permitted to modify his bid because of the extension, unless specifically invited to do so.

10 BID REJECTION CRITERIA

10.1 Prior to detailed bid evaluation, TCE / BPCL will determine the substantial responsiveness of each bid with respect to the bidding documents. A substantially responsive bid is one which conforms to the terms, conditions and specification of the Bidding Documents without material deviation. A material deviation is one which affects in any substantial way the scope, quality or performance of the works, or which limits in any substantial way, inconsistent with the bidding documents, the TCE’s /BPCL's rights or the bidder's obligations as envisaged in the bidding documents, and the rectification of which deviation or reservation would affect unfairly the competitive position of other bidders presenting substantially responsive bids. Further examination of only such bids as are determined to be substantially responsive shall be taken up, unless otherwise determined by BPCL/TCE.

10.2 The bidders shall adhere to the following provisions of the Bidding Document without taking any deviations, failing which the Bid shall be considered to be non-responsive and may be rejected.

(a) Defect liability period. (b) Bids with Price variation clause.

11 CLARIFICATIONS

11.1 Clarifications that the Bidder needs to have on the tender specification can be sought from TCE in writing within one week from the date of issue of this enquiry.

11.2 Bidders requesting clarifications beyond oneweek from the date of issue of this enquiry willnot be entertained. Non-receipt of clarifications from TCE/BPCL for queries raised beyond one week will not be considered for extension of time to submit the bid.

11.3 All such correspondence shall be routed to the following address in an envelope "Clarifications for Enquiry No. TCE.6079B-B-Z-204":

TATA Consulting Engineers Limited, Raj Plaza, Second Floor, LBS Marg, Vikhroli (W). Mumbai- 400 083 Ph: 022-6647 2111 Fax: 022-6647 2000 Contact person: Mr. Vinayak C Parab / Mr. Pradipta Lenka

Tel: +91 22 6647 2035 / 6647 2110 [email protected], [email protected]

11.4 Written queries only shall be replied.

12 OPENING OF TECHNICAL & UN-PRICED COMMERCIAL BIDS

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12.1 Technical and unpriced commercial bids shall be opened at TCE Mumbai office at 15.00 hrs on the due date as mentioned above in presence of the bidder's representatives. Only the name of the bidders who have responded to the enquiry will be read before the bidder's representatives(s) duly authorized to attend such opening by a person competent and having the Power of Attorney to bind the Bidder. The Bidder's representative(s) who choose to attend and are present shall sign a register evidencing their attendance.

13 OPENING OF PRICE BIDS

13.1 Substantially responsive bidders will be shortlisted by BPCL/TCE for opening of price part of their bids. Date, time and venue for opening of price bids will be informed to the shortlisted bidders subsequently. Only the final bid cost will be read before the bidder's representative(s) duly authorized to attend such opening by a person competent and having the Power of Attorney to bind the Bidder. The Bidder's representative(s) who choose to attend and are present shall sign a register evidencing their attendance.

14 COMPLETE SCOPE OF WORK

14.1 The complete scope of supplies has been defined in the bidding documents. Only those bidders who take complete responsibility and who bid for the complete scope of supplies as contained in the bidding document may be considered for further evaluation.

14.2 Waiver of deviations and conditions (if any), should be submitted by the Bidders before the opening of the Priced Bid failing which the Priced Bid of concerned Bidder shall not be opened.

15 AMENDMENT OF BIDDING DOCUMENTS

15.1 At any time prior to the deadline for submission of bids as well as up to priced bid opening, TCE may, for any reason whether at its own initiative or in response to a clarification or modification requested by any prospective Bidder(s), modify the Bidding documents.

15.2 The modifications/amendment will be notified in writing or by fax to all prospective bidders who have been issued the Bidding documents, and shall be part of the Bidding documents and shall be binding on all bidders. The Bidders will be required to acknowledge receipt of any such amendment to the Bidding documents. Bidders shall confirm the inclusion of Addendum / Corrigendum in their bid and shall follow the instructions issued along with addendum / corrigendum.

15.3 Bidders shall examine the Bidding documents thoroughly and inform TCE of any apparent conflict, discrepancy or error, so that TCE may issue appropriate clarification(s) or amendment(s), if required.

16 BIDDING DOCUMENTS AND DEVIATIONS

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16.1 It is expected that bidders will submit bids based strictly on the terms and conditions and specifications contained in the bidding documents and will not stipulate any deviations. Should it, however, become unavoidable, deviations should be separately and specifically stipulated only in the "Deviation Sheet". Deviations mentioned anywhere else in the offer other than the "Deviation Sheet" shall not be acceptable considered for bid evaluation. TCE reserves the right to reject as non-responsive any bid containing major deviation(s).

17 LANGUAGE OF BIDS

17.1 The Bid prepared by the bidder, all documents attached to and/or relating to the bid and all correspondence exchanged by the Bidder and BPCL/TCE, shall be written in English language only.

17.2 Any printed literature furnished by the bidder may be written in any other language provided that this literature is accompanied by an authenticated English translation, in which case, for purpose of interpreting the Bid, the English translation shall govern.

18 PRICE BID

18.1 The item wise Bid prices (if applicable) shall be filled in the "Format for Submitting Prices".

18.2 Bidders shall quote indicting separately basic cost, all taxes, duties, levies, octroi applicable, packing & forwarding charges, transportation charges etc. and the final landed cost at site.

18.3 Bidders shall indicate the applicable present rate of excise / customs duty, CVD, education cess and VAT/CST, Service Tax, the same shall be payable on production of documentary evidence issued from concerned authority.

18.4 This part shall not contain any condition whatsoever failing which the Bids shall be liable to be rejected. In case of any correction, the bidder shall put its signature and its stamp. Eraser fluid will not be allowed for making any correction.

18.5 The prices quoted by the bidder shall remain firm and fixed and shall be valid until completion of the Contract and shall not be subject to variation/escalation on any account except as otherwise specifically provided in the Contract documents.

18.6 A Counter trade proposals shall not be considered in the evaluation of Bids or otherwise.

18.7 It shall be the duty of the supplier to duly observe and perform all laws, rules, regulations, orders and formalities applicable to Excise Duty, Sales Tax, VAT, Service tax, Customs Duty, Countervailing Duty etc. on the import, manufacture, sale and/or supply of any material to BPCL and performance of the works under the Contract. The supplier/contractor shall keep BPCL indemnified from and against any and all claims, demands, prosecutions, actions, proceedings, penalties, damages, demurrages and/or other levies

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whatsoever made or levied by any Court, Tribunal or the Customs or other Authorities with respect to any alleged breach, evasion or infraction of such duties, taxes, charges or levies or any breach or infraction of any applicable laws, rules, regulations, orders or formalities concerning the same and from the consequence thereof.

18.8 The bidder shall indicate the total quoted price both in figures as well as in words in the format for submitting prices.

19 FORMAT AND SIGNING OF BID

19.1 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the bidder or a person or persons duly authorized to sign on behalf of the bidder. Such authorization shall be indicated by written power of attorney accompanying the bid. All pages of the bid, except for un-amended printed literature, shall be initialed by the person signing the bid. The name and position held by each person signing must be typed or printed below the signature.

19.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder, in which case, such corrections shall be signed in full by the person or persons signing the bid.

20 ALL PAGES TO BE INITIALLED

20.1 All signatures in bids shall be dated and shall bear a seal of the bidder. In addition, all pages of the bids before submission of the bid shall be initialed at lower right hand corner by the Bidder or by a person holding a Power of Attorney authorizing him to sign on behalf of the bidder. The un-priced technical bid shall include all pages of tender enquiry (commercial part and technical part) duly signed and stamped by the bidder.

20.2 The Bidder shall sign and affix its seal on all pages of the Priced bid.

21 CORRECTIONS AND ERASURES

21.1 Bidders are required to fill in the tender documents with due care so as to avoid any cuttings/corrections/alterations in the entries made in the tender papers.

21.2 In case any corrections are required, the original writings shall be neatly cut/ penned through and re-written nearby. No overwriting or erasure of original writings by use of 'white fluid' or the like is permitted. In case any erasure using 'white correcting fluid' is found, the tender may be liable to be rejected.

21.3 All cuttings/ corrections/ alterations shall be signed in full by the tenderer with date. Numerical figures shall be written both in figures as well in words.

22 CLARIFICATIONS OF BIDS

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22.1 To assist in the examination, evaluation and comparison of bids, BPCL/TCE may, at its discretion, ask the bidder for a clarification of his bid. All responses to a request for clarification shall be in writing, and no change in the price or substance of the bid shall be permitted unless specifically sought by BPCL/TCE.

23 TECHNO-COMMERCIAL EXAMINATION OF BIDS

23.1 BPCL/TCE will examine or cause to be examined the bids to determine whether they are complete, whether the documents have been properly signed, and whether the bids are generally in order.

23.2 BPCL/TCE will determine to its subjective satisfaction whether the bidder has submitted a responsive bid and is qualified to satisfactorily perform the work, and such determination shall not be open to question.

23.3 The determination will also take into account the bidder's financial and technical capabilities, as well as such other qualifications as BPCL/TCE deem necessary and appropriate.

24 REBATE

No suo-moto reduction in price(s) by bidders is permissible after opening of the bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid after opening of bids, such reduction shall not be considered for comparison of prices but shall be binding on the Bidder if he happens to be selected for award of work.

25 CONTACTING BPCL

A bidder shall not contact BPCL on any matter relating to his bid from the time of bid opening to the time, that the Contract is awarded, unless requested to do in writing. Any effort by a bidder to influence BPCL in BPCL's decisions in respect of bid evaluation or contract award will result in the rejection of that bidder's bid.

26 BPCL'S RIGHT TO ACCEPT/REJECT BIDS

26.1 BPCL/TCE reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the ground of BPCL's/TCE's action.

26.2 BPCL/TCE shall not be obliged to award the Order / Contract to the lowest evaluated bidder if BPCL/TCE apprehends that it will not be in the interest of BPCL/TCE to award the Order / Contract at the lowest evaluated price or to the lowest evaluated bidder.

27 PREPARATION & SUBMISSION OF BIDS - TWO BID SYSTEM

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27.1 The bidder is required to prepare bid in a format as outlined below in order to achieve the objective of maintaining a uniform proposal structure from all bidders.

27.2 Technical Bid: Shall contain documents / information as below:

(a) TCE Technical specification sheets duly signed & stamped (b) Technical deviation sheet indicating No deviation / Deviations if any (c) Makes of major bought out items

27.3 Un-priced Commercial Bid: Shall contain documents / information as below:

(a) Commercial conditions (b) Duly filled, signed and stamped commercial questionnaire (c) Commercial deviation sheet indicating No deviation / Deviations if any

to tender documents like GPC, SPC, ITB. (d) Un-priced copy of Schedule of Rates (SOR) indicating "Q" for quoted

items and "NQ" for not quoted items.

27.4 Price Bid: Format for submitting prices with duly filled prices

28 SUBMISSION OF BIDS

28.1 Bidder(s) will be required to submit in their one bigger sealed cover marked as "Offer against Enquiry No. TCE.6079B-B-Z-204 for Item “IMPORT/ EXPORT LIMITER PANEL, LOAD SHEDDING & ISLANDING PANEL" containing the following documents in three separate sealed envelopes before the due date & time in TCE's Mumbai Office at the address

TATA Consulting Engineers Limited Raj Plaza, Second Floor, LBS Marg, Vikhroli (W). Mumbai- 400 083 Phone: 022-66472111 Fax: 022-66472000 Contact person: Mr. V C Parab / Mr. Pradipta Lenka Tel: +91 22 66472035 / 66472110

28.2 Envelope 1: Technical Bid containing following documents:

(a) One set of tender document duly stamped and signed on each page. (b) Four sets (one original + Three photo copies) of Technical Bid (c) Four sets (one original + Three photo copies) of Un-priced

Commercial Bid (d) One soft copy in CD of Technical Bid and Un-priced Commercial

Bid.The soft copy is only for reference and only hard copies submitted will be considered for evaluation.

28.3 Envelope 2: Price Bid containing following documents:

Format for Submitting Prices with duly filled prices in Original.

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Each envelope shall be super scribed with the names of documents it contains.

28.4 The bidders shall ensure submission of prices without any erasures or corrections with signatures in original on the priced sheet(s) of the original bid. Bidders shall also specify total bid price, wherever applicable, in figures as well as in words.

28.5 The bidders shall ensure submission of prices without any erasures or corrections with signatures in original on the priced sheet(s) of the original bid. Bidders shall also specify total bid price, wherever applicable, in figures as well as in words.

29 ORDER OF PRECEDENCE

The following order of precedence shall be followed in case of any conflict between various parts of the tender specifications:

Commercial and General Part

Corrigendums, if any Instructions to Bidders Special Purchase Conditions General Purchase Conditions

Technical Part

Corrigendums, if any Drawings and Data Sheets Specification write up Codes and Standards

The Bidder shall bring to the notice of TCE/BPCL any such variations / conflicts between various parts of the tender and obtain approval before proceding with such information for engineering/design.

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CUT-OUT SLIPS TO BE USED BY VENDORS FOR PASTING ON COVER / ENVELOPES CONTAINING BIDS

COVER 1 CONTAINS

1. Sealed envelope no. 1: Containing four sets “Technical Bid” and “Un-priced Commercial Bid” and Documents related to Bid Qualification Criteria.

2. Sealed envelope no. 2: Containing Original Priced bid

Client : BHARAT PETROLEUM CORPORATION LTD

PMC : M/s. TATA CONSULTING ENGINEERS LIMITED.

Project : Offsites & Utilities for NHT/CCR & Augmentation of Refinery

Power System at BPCL Mahul Refinery

Tender No. : -------------------------------------------------------------------------------------------

Item : -------------------------------------------------------------------------------------------

Bid due date & time : ----------------------------------------------------------------------------------

From: _______________________________

_______________________________

_______________________________

_______________________________

To,

M/s TATA Consulting Engineers Limited Raj Plaza, Second Floor, LBS Marg, Vikhroli (W). Mumbai- 400 083. Phone: 022-66472111 Fax: 022-66472000 Contact person: Mr. Vinayak Parab / Mr. Pradipta Lenka Tel: 0091 22 66472035 / 66472110

(To be pasted on the sealed Cover containing envelope no. 1 & envelope no. 2)

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DO NOT OPEN – THIS IS A QUOTATION

(ENVELOPE NO. 1: CONTAINS TECHNICAL & UN-PRICED COMMERCIAL BID)





Tender No. : -------------------------------------------------------------------------------------------

Item : -------------------------------------------------------------------------------------------

Bid due date & time : ----------------------------------------------------------------------------------

From: ______________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

(To be pasted on the envelope containing TECHNICAL & UNPRICED COMMERCIAL

BID)

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DO NOT OPEN – THIS IS A QUOTATION

(ENVELOP NO. 2: CONTAINS PRICE BID)





Tender No. : -------------------------------------------------------------------------------------------

Item : -------------------------------------------------------------------------------------------

Bid due date & time : ----------------------------------------------------------------------------------

From: ______________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

(To be pasted on the envelope NO. 2 containing Format for Submitting Prices with duly filled prices)

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PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING TECHNICAL BID

OPENING AND PRICE BID OPENING

Ref ............................... Date: TO, Mr. Vinayak C Parab / Mr. Pradipta Lenka TATA CONSULTING ENGINEERS LIMITED, Raj Plaza, 2nd Floor, L.B.S Marg, Vikhroli (W), Mumbai-400083 Maharashtra, INDIA Phone: 022-66472111 Phone:022-6647 2035 / 6647 2345 [email protected] / [email protected]

Attn: Mr. Vinayak C Parab / Mr. Pradipta Lenka Dear Sir, We........................................hereby authorise the following representative(s) to

attend the unpriced and priced bid opening against your Tender No.

TCE.6079B-B-Z-204 1. Name & Designation......................... Signature............................ 2. Name & Designation........................Signature............................

We confirm that we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,

Signature............................................

Name & Designation...........................

For & on behalf of............................... NOTE:

This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.

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SHEET 15 OF 16 OF 4

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SCHEDULE OF COMMERCIAL DEVIATIONS

(To be filled by Bidder)

The BIDDER shall indicate below all deviations from the General Conditions:

SL. NO.

SECTION SPECIFICATION NO.

PARA NO. DEVIATION

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

The Bidder hereby certifies that the above mentioned are the only deviations from the Purchaser’s/Consultant’s General Conditions for this Enquiry Document. The Bidder further confirms that in the event any other data and information presented in the Bidder’s proposal and accompanying documents including drawings and catalogues etc. are at variance with the specific requirements laid out in the Purchaser’s/Consultant’s General Conditions, the latter shall govern and shall be binding on The Bidder without any price implication.

COMPANY SEAL SIGNATURE

NAME

DESIGNATION

COMPANY

DATE

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SHEET 16 OF 16 OF 4

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SCHEDULE OF DEVIATIONS FROM TECHNICAL SPECIFICATIONS (To be filled by the bidder)

The BIDDER shall indicate below all deviations from the Technical Specifications:

SL. NO.

SECTION SPECIFICATION NO.

PARA NO. DEVIATION

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

The Bidder hereby certifies that the above mentioned are the only deviations from the Purchaser’s/Consultant’s Technical Specifications for this Enquiry Document. The Bidder further confirms that in the event any other data and information presented in the Bidder’s proposal and accompanying documents including drawings and catalogues etc. are at variance with the specific requirements laid out in the Purchaser’s/Consultant’s Technical Specifications, the latter shall govern and shall be binding on the Bidder without any price implication.


NAME

DESIGNATION

COMPANY

DATE

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SPEC NO. TATA CONSULTING ENGINEERS LIMITED SECTION : C

TCE.6079B-B-Z-204 SPECIAL PURCHASE CONDITIONS SHEET 1 OF 11 OF 4

SPC.DOC TCE FORM No. 329 R5

ISSUE R0

1.0 SCOPE OF SUPPLY

Scope of supply shall be as per Annexure – I to Special Purchase Condition and technical specifications attached along with this tender document

2.0 DELIVERY PERIOD

Delivery period shall be as per Annexure – II to Special Purchase Condition.

3.0 LIQUIDATED DAMAGES

3.1 Supply

In case of delays in completing the supply of items in the stipulated time, Owner reserves the right to recover liquidated damages at 0.5 % of the contract value for every week of delay or part there of subject to a maximum of 5 % of the total value of supply. Such damages may be deducted by the Owner from any money due to the Contractor and any further amount due from the Contractor.

3.2 Erection and Commissioning

In case of delays in completing works in the stipulated time, Owner reserves the right to recover liquidated damages at 0.5 % of the contract value for every week of delay or part there of subject to a maximum of 5 % of the total erection and commissioning value until the work is satisfactorily completed and handed over. Such damages may be deducted by the Owner from any money due to the Contractor and any further amount due from the Contractor.

4.0 TERMS OF PAYMENT

4.1 All payments through NEFT within 30 days

4.2 Performance Bank Guarantee (PBG) for 10% of Total Order Value shall be submitted as per BPCL format on Non Judicial Stamp Paper of Rs 100/-. The PGB shall be valid till full guarantee period plus six months.

4.3 Materials shall be sent to BPCL, Mumbai Warehouse/Site on Freight Paid Door Delivery basis.

4.4 TERMS OF PAYMENT FOR INDIAN BIDDERS

4.4.1 For Supply

4.4.1.1 5% on approval of all drawings at least in CODE- B,C,F (Refer Attachment - I) by TCE against submission of advance bank guarantee for an equivalent amount valid till last date of receipt of material at site plus three months.

4.4.1.2 85% after receipt of equipment/materials at BPCL site.

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4.4.1.3 10% after successful completion of site work, commissioning and submission of final technical documents as required in the Purchase Requisition, against duly accepted and certified by Engineer-in-charge at site & Owner, TCE’s certification and on submission of Performance Bank Guarantee (PBG) for 10% of total order value (Validity as per GPC).

4.4.2 For Erection, Testing and Commissioning

4.4.2.1 90% against completion of erection and testing duly accepted and certified by Engineer-in-charge at site and Owner.

4.4.2.2 10% after successful commissioning, duly accepted and certified by Engineer-in-charge at site and Owner, along with submission of PBG for an equivalent amount (validity as per GPC).

4.5 TERMS OF PAYMENT FOR FOREIGN BIDDERS

4.5.1 For Supply

4.5.1.1 5% on approval of all drawings at least in CODE- B,C,F (Refer Attachment - I) by TCE against submission of advance bank guarantee for an equivalent amount valid till last date of receipt of material at site plus three months.

4.5.1.2 85% through irrevocable Letter of Credit against submission of documents as per GPC for Imported Equipment / Materials, clause no. 13 and 14 and their sub clauses.

4.5.1.3 10% after successful completion of site work, commissioning and submission of final technical documents as required in the Purchase Requisition, against duly accepted and certified by Engineer-in-charge at site & Owner, TCE’s certification and on submission of Performance Bank Guarantee (PBG) for 10% of total order value (Validity as per GPC).

4.5.2 For Erection, Testing and Commissioning

4.5.2.1 90% against completion of erection and testing duly accepted and certified by Engineer-in-charge at site and Owner.

4.5.2.2 10% after successful commissioning, duly accepted and certified by Engineer-in-charge at site and Owner, along with submission of PBG for an equivalent amount (validity as per GPC).

4.6 General

(a) Excise duty, MVAT, Service Tax shall be released only on receipt of Cenvatable / Vatable copy of corresponding Invoice.

(b) No initial advance payment along with order shall be made by Owner against supplies as well as services (i.e., transportation, erection, site work etc.).

(c) Bank Guarantee(s) shall be issued through Nationalised/ Scheduled bank, as per pro-forma enclosed in GPC.

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(d) All payments shall be released within 30 days of receipt of invoice and all requisite documents, complete in all respects.

5.0 EVALUATION CRITERIA FOR COMPARISON OF BIDS

5.1 Where only Indian Bids are under comparison

Offer Evaluation & Ordering basis shall be on overall lumpsum Lowest Quote.

Bids shall be evaluated on the basis of net effective price i.e. landed cost at Site, less CENVAT/ Set-off benefit available to BPCL.

Commercial loading shall be done on FOT despatch Point price.

5.2 Where Indian as well as Foreign Bids are under comparison

Indian Bids:

Offer Evaluation & Ordering basis shall be on overall lumpsum Lowest Quote.

Bids shall be evaluated on the basis of net effective price i.e. landed cost at Site, less CENVAT/ Set-off benefit available to BPCL.

Commercial loading shall be done on FOT despatch Point price. Foreign Bids:

Offer Evaluation & Ordering basis shall be on Individual Item wise Lowest Quote.

Bids shall be evaluated on the basis of landed cost at Site including Third Party Inspection (TPI) charges by TPI agency (LRQA,BVQI,TUV) less CENVAT / Set off benefit available to BPCL

(a) F.O.B. price quoted by the bidder (including stowage charges in case of pipes)

(b) Ocean freight and marine insurance as under:

(i) Europe / Japan / Asia : 6% of FOB price

(ii) Australia / American Continent : 9% of FOB price

(c) Prevailing rate of Customs duty calculated with Landing Charges @ 1% of CIF Value

(d) Port handling charges @ 2% of FOB value

(e) Inland freight charges from Mumbai Port/Airport to project site @2% of landed cost, i.e., sl.no.(a )to (e)

(f) In case of pipes, where the supplier has not indicated stowage charges, 0.6% shall be loaded to the FOB price.

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5.3 Cost of Mandatory (Insurance) spares if identified in the Request for Quotation (RFQ), commissioning spares and special tools and tackles will be included for price evaluation of bids, but costs of Spares for Two Years Normal Operation and Maintenance shall be excluded.

5.4 In case bidder does not recommend any commissioning spares and any special tools and tackles, but if required at site during commissioning, then the same shall be supplied free of charge by the Supplier.

5.5 BPCL shall issue Form “C” for Central Sales Tax.

5.6 Excise Duty, Central Sales Tax, MVAT, Service Tax shall not be included in the quoted prices and shall be payable extra.

5.7 Foreign Vendors’ bids shall be compared considering Bill selling foreign exchange rate as on the date of Priced Bid opening as declared on website of Reserve Bank of India (RBI)

5.8 Foreign Bidders prices shall be exclusive of Third Party Inspection (TPI) charges (including Inspectors fees) as nominated by BPCL, however the same shall be quoted separately and the same shall be considered for evaluation.

5.9 Notwithstanding the foregoing, OWNER shall not bear any liability in respect of:

a) Personal taxes on the personnel deployed by the CONTRACTOR, his SUB-CONTRACTOR and Agent, etc.

b) The Corporate Taxes in respect of CONTRACTOR and his Sub-Contractor and other Agents, Indian or foreign based.

c) Any other taxes/ duties/ levies, etc.,

5.10 Transit Risk insurance: Refer BPCL General Purchase Conditions (GPC)

5.11 Arithmetic Discrepancies In Priced Offer

(a) In case of arithmetic discrepancies in the Schedule of Price, the rate per unit quoted in figures shall be considered for comparison and for ordering.

(b) In case amount is not filled up by the Bidder, then amount shall be calculated considering the unit rate quoted and the quantity in the RFQ / Schedule of Price.

5.12 Evaluation shall be carried out Tag wise/ Item wise as specified in Schedule of Price.

5.13 Indigenous Bidders: - Total Order Value for the purpose of Price Reduction towards Delayed Delivery and Performance Bank Guarantee (PBG) shall be the Total Order Value on FOT-Despatch Point basis. Date of LR shall be considered as Date of Delivery.

5.14 Foreign Bidders: - Total Order Value for the purpose of Price Reduction towards

Delayed Delivery and Performance Bank Guarantee (PBG) shall be the Total Order Value on FOB Port/Airport of Shipment basis. Date of Clean Bill of Lading/Air Ways Bill shall be considered as Date of Delivery.

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5.15 In case of unsolicited price implication, such offer of Bidder shall not be considered for evaluation and ordering.

6.0 COMMERCIAL AND TECHNICAL LOADING OF OFFERS

6.1 Basis of Loading: The Indian Bids shall be loaded on FOT Despatch Point prices.

6.2 Terms Of Payment

(a) Any differential terms of payment offered by an Indian Bidder as against the terms specified in this document shall be loaded @ 14% per annum for the applicable period.

(b) The loading shall be for a period as under:

Drawing approval 80% of the delivery period

Sub-ordering of raw materials 75% of the delivery period

TCE Certification of raw material at vendor’s works

50% of the delivery period

Final 10% also against despatch documents

one month

6.3 Performance Bank Guarantee (PBG)

Performance Bank Guarantee (PBG) shall be required in all cases of supplies. In case a supplier offers to give a PBG for less than 10% of order value, or for a lesser period than for differential period/ amount, the following example will amplify the methodology of loading (GPC specifies 10% PBG for 18 months + 6 months claim period = Total 24 months):

(a) For differential period:

Period offered by Bidder Loading

10% for 24 months No Loading

10% for 21 months 10% x 3/24 = 1.25%

10% for 18 months 10% x 6/24 = 2.50%

10% for 12 months 10% x 12/24 = 5.00%

No PBG 10 %

(b) For differential Amount:

Amount Offered by Bidder Loading

10% No Loading

Less than 10% Differential between the offered percentage and 10%

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(c) In case, bidder does not agree to submit the PBG, 10% payment shall be deducted and withheld till the guarantee period. If vendor did not agree to withhold the amount also, his bid will be rejected.

6.4 Price Reduction towards Delayed Delivery clause of GPC

In case a Bidder does not accept the Price Reduction towards Delayed Delivery clause of GPC or takes exception to the percentage rate, loading shall be done to the maximum of 5% of the Total Order Value or the differential percentage not agreed by the Bidder.

6.5 Freight charges for Indian Bidders

Suppliers shall despatch the goods by road on Door Delivery Freight paid basis to BPCL, Mahul Refinery, through reputed Transporters only and shall quote firm freight charges in terms of percentage of quoted basic price. If a Bidder does not quote freight charges, then it shall be considered as inclusive in quoted Basic Price.

6.6 Taxes/Duties

(a) The Central Sales Tax/MVAT/Excise Duty will be cost loaded as applicable. However, if a Bidder states that the Central sales tax/MVAT/Excise Duty are not applicable at present or quote lesser percentage and will be charged as applicable at the time of delivery, then the percentage indicated shall alone be payable.

(b) Taxes/Duties shall applicable on or before the Priced Bid opening date shall be considered.

6.7 Octroi Charges and Octroi Service Charges

(a) Octroi Charges: Bidders shall quote Octroi Charges in terms of percentage as applicable. If a Bidder does not quote, the same shall be considered as included in quoted Basic price.

(b) Octroi Service Charges: Bidders shall quote Octroi Service Charges as percentage of Octroi Charges, if applicable. If a Bidder does not indicate, the same shall be considered as included in quoted Basic price.

7.0 ADDITIONAL INFORMATION

7.1 Details of Owner’s CST Regn. No. /TIN NO., ECC No, Service Tax, etc. shall be provided to the successful bidder.

7.2 For Indian Bidders only

(a) Any errors of interpretation of applicability of taxes / duties by the Bidder shall be to Bidder’s account.

(b) All new taxes / duties / cess / levies notified after the last date of submission of bid (final bid due date) but within contractual delivery / completion period, shall be to Owner’s account.

7.3 Arbitration: Ref. Clause No. 38 of GPC. Arbitration Act 1996 shall be followed.

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ANNEXURE - I

SCOPE OF SUPPLY

1.1. This enquiry covers supply, Installation, Testing and Commissioning of Dynamic contingency based Islanding & Load shedding System on Lump Sum Turn Key (LSTK) basis at Bharat Petroleum Corporation Limited (BPCL) Mumbai Refinery, to improve the stability of power system. The design basis for the islanding and load shedding schemes is as detailed in Section-C1 of this enquiry document. The detailed specification for all the equipment of the proposed system are covered in Section- C2.

The system architecture for Islanding & Load shedding scheme (ISLS), including Import-Export Limiter (IEL) functionality, Sequence Event Recorder(SER) & Energy Management System(EMS) is as indicated in Exhibit-I : TCE-6079B-EL-SK-2002 of this enquiry document.

1.2. This scope includes the design, manufacture, inspection and testing at VENDOR’s and/or his SUB-VENDOR’s works, packing, transportation from place of manufacture to site, unloading and storing at site, handling at site, all associated cabling, cable trays, support structures & complete erection, testing, start-up, commissioning and performance testing of the equipment / system at site as specified.

1.3. It is not the intent to specify completely herein, all the details of design and construction of the equipment /system. However, the equipment shall conform in all respects the latest technology prevailing in the international market and shall also conform in all respects to high standards of engineering, design and workmanship and be capable of performing up to the VENDOR's guarantees in a manner acceptable to the PURCHASER/ENGINEER, who will interpret the meaning of specifications and drawings and shall reject any work or material which in his judgement is not in full accordance therewith.

1.4. The extent of supply under this contract includes all items shown in the appropriate sketches/drawings notwithstanding the fact that such items may have been omitted from the specifications or schedules. Similarly, the extent of supply also includes all items mentioned in the specification and/or schedule, notwithstanding the fact that such items may have been omitted in the sketches/drawings.

1.5. All specialised equipment/services necessary for proper erection, commissioning and performance testing of all items covered under this contract shall be arranged by the CONTRACTOR. The cost of the same shall be included in the contract price.

1.6. The Islanding & Load shedding system will broadly consist of: a) Islanding & Load shedding controller b) Input-Output modules (Remote Terminal Units – RTUs) c) Operator console and peripherals like printers, storage devices, etc. d) Communication network

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e) Transducers f) Islanding Relays & Load shedding relays g) Auxiliary relays, tripping relays. h) Field Cables from/to existing switchgear to/from the Input/Output modules

(RTUs). i) Fibre optic cables from Input/Output modules (RTUs) to the Islanding &

Load shedding controller. j) Engineering station for Islanding & load shedding controller programming

with suitable software loaded in it. k) Desk for the operator console & chairs as required. l) Miscellaneous items like control cables, earthing for power equipment,

earthing for computer system, etc. m) Co-ordination with statutory authorities, if required and getting clearance

from them.

1.7. The Bidder shall organize the inspection at his expense by engaging the services of Inspectors from one of the following reputed third party CLASSIFIED INSPECTING AGENCIES/SOCIETIES like Lloyds, IRS, BVQI, TUV, PDI, etc. The scope of inspection by inspecting agencies shall cover FAT of vendor’s system; FAT of sub vendor supplied major components, SAT, etc. Along with the third party, the equipment/materials will be inspected and testing witnessed by the PURCHASERs and their representatives. The supplier shall give at least one month’s notice for readiness of equipment for testing at the manufacturer’s works. Despatch of materials to site shall be effected only after the receipt of the clearance note from inspecting agency and the despatch clearance from Purchaser.

1.8. The Bidder shall impart the required training to the Purchaser’s Engineers. The training shall include hardware and software aspects and training shall be comprehensive and shall enable the purchaser’s engineers to run & maintain the system successfully. Vendor shall submit duration and course content of training program for prior approval of Purchaser. Any test equipment to be supplied along with the system shall be made available during training period. The expenses for imparting above training are deemed to be included in the total quoted prices. The schedule for training shall be as below: a) At vendor’s works / facility for 4 persons for 4 days minimum. b) At BPCL site after commissioning of the system for 10 persons for 3 days

minimum.

1.9. Bidder shall include essential spares required for successful commissioning of the equipment within the quoted price.

1.10. Bidder shall furnish list of essential spares required with unit prices for 3 years of trouble free operation of the system. The prices shall be remain valid upto 3 years from the expiry of guarantee period. Bidder shall guarantee the supply of spares for 10 years from the date of commissioning.

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2.0 TECHNICAL INSTRUCTIONS TO BIDDERS

2.1 All the work involved for installing the complete Islanding & load shedding system shall be in the scope of the bidder. This includes all the modifications required to be done in the existing switchgear, mounting of transducers, auxiliary relays, tripping relays, civil works like floor cutout for cable entry, panel erection, cable terminations, etc.

2.2 The bidder shall assume full responsibility for the detailed design, equipment selection, erection and commissioning of the system. The installation shall meet the provision of safety codes and safety rules. The necessary drawings shall be approved from owner/consultant.

2.3 The offered system shall have Proven Track Record (PTR) from minimum 2

users for working satisfactorily for at least last 2 years. The bidder is required to show to PURCHASER /CONSULTANT, a similar Dynamic contingency based load shedding scheme which is in satisfactory operation at the time of evaluation of offer. The total time of the load shedding scheme of such a system shall not be more than 200 milliseconds (including 100 milliseconds of Interposing Relay (IPR) operating time and breaker opening time). The Bidder shall accordingly furnish end-user certificates.

2.4 The bidder shall visit site to see the various substations where RTUs are to be

located & New GIS substation area & CPP control room where the Islanding & Load shedding controllers shall be located. The locations of the load shedding controller, I/O racks shall be confirmed based on the environmental conditions, for satisfactory operation of the load shedding system.

2.5 Documents and drawings to be furnished by the bidder with the bid is given

below:

a) System configuration with total bill of material.

b) For all equipment:

GA drawings

Equipment specification

Descriptive literature

Testing procedure for testing the system for approval by CONSULTANT/PURCHASER.

c) List of software packages with brief description of each. Software package should be standard / proven, which will be offered by contractor.

d) Block logic diagram for the complete islanding & load shedding scheme.

e) Preliminary earthing layout

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f) List of SUB-VENDORS / SUB-CONTRACTOR for the various equipment covered in this specification and their past experience In the event of any of the sub-vendors furnished by the bidder is not acceptable to BPCL/Consultant, in such circumstances the bidder shall produce a fresh list of sub-vendors to enable approval by BPCL/Consultant.

Bidder will furnish the list of drawings which require approval by CONSULTANT/PURCHASER.

2.6 Implementation Schedule

2.6.1 The inputs and outputs for the proposed Islanding & Load Shedding System corresponds to plant and equipment which are required to be continuously running. Modifications, wiring, cable glanding, terminating, etc in existing switchgear has to be done by Vendor when the switchgear is taken for outage during scheduled maintenance of the plant.

2.6.2 Vendor shall indicate the terms and conditions, total time required and implementation schedule in the form of detailed bar-chart.

2.6.3 Vendor shall submit detailed project bar chart showing milestones, covering all the activities till the commissioning of the entire system.

2.7 System Support

The load shedding system offered shall be supported by the supplier for a minimum period of 15 years from the date of commissioning.

2.8 Long Term Maintenance Facilities

After expiry of warranty period of the equipment, PURCHASER would like to place maintenance contract ( to be renewed annually) for the Load Shedding System, with the CONTRACTOR. The BIDDER shall enclose in the bid a detailed write up on Long Term Maintenance Plan of the equipment giving details of maintenance facilities/back-up available in India. The BIDDER shall also furnish price for 5 years long term maintenance after warranty period with price indicated for each year separately. Getting into agreement for execution of AMC contract shall be at PURCHASER’s discretion.

2.9 WARRANTY

18 months from the date of supply and 12 months from the date of commissioning whichever is earlier.

2.10 Vendor shall provide per man day rate for carrying out modifications required in the system during one year after commissioning of the system. 15 man days shall be considered for this purpose.

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ANNEXURE - II

DELIVERY PERIOD

1. The entire work, as per scope and provisions of this tender shall be completed as per the following schedule, from the date of issue of Letter of Intent for supply:

i. Delivery of equipment at site: 16 Weeks

ii. Erection, testing and commissioning completion: 04 Weeks

Note: The zero date for Sl. No. ii above shall start from the date of instruction from TCE/BPCL to commence the site activity. 10 days advance notice shall be provided to the successful Bidder by TCE/BPCL.

2. Bidders shall comply with the delivery period as mentioned above. In case bidder fails to comply with the delivery period as mentioned above then, bidder shall quote with best possible Delivery Period.

3. Owner (BPCL) reserves the right to accept or reject such bids with delivery quoted longer than the required Delivery Period.

4. The time indicated is for completing all the work in all respects as per specifications, codes, drawings, the provisions of the Bidding Document, and instructions of Engineer-in-Charge.

5. Bidders to not that separate LD will be applicable for both supply & service portion as per clause no 3.0 of SPC.

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TENDER NO. TATA CONSULTING ENGINEERS LIMITED SECTION: WRITE-UP

TCE.6079B-B-Z-204 QUALITY MANAGEMENT SYSTEM

SHEET 1 OF 6 OF 4

ISSUE R0

BIDDER’S QUALITY MANAGEMENT SYSTEM

REQUIREMENTS

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1.0 INTRODUCTION

This specification establishes the Quality Management System requirements to be met by BIDDER. In case of any conflict between this specification and other provisions of the tender document / MR / PR, the same shall be brought to the notice of BPCL, at the stage of bidding and shall be resolved with BPCL, prior to the placement of order.

2.0 DEFINITION

2.1 BIDDER

For the purpose of this specification, the word “BIDDER” means the person(s), firm, company or organization who is under the process of being contracted by BPCL for delivery of some products (including service). The word is considered synonymous to supplier, contractor or vendor.

2.2 PROJECT QUALITY PLAN

Document tailored from Standard Quality Management System Manual of BIDDER, specifying how the quality requirements of the project will be met.

2.3 OWNER

Owner means the owner of the project for which services / products are being purchased and includes their representatives, successors and assignees.

3.0 REFERENCE DOCUMENTS

ISO:9001-2000 (Quality Management Systems - Requirements)

ISO:9004-2000 (Quality Management Systems - Guidelines for Performance Improvements)

ISO:9000-2005 (Quality Management Systems - Fundamentals and Vocabulary)

4.0 QUALITY MANAGEMENT SYSTEM – GENERAL

Unless otherwise agreed with BPCL, the BIDDER proposed quality system shall fully satisfy all the elements of ISO 9001 – 2000 “Quality Management Systems – Requirements.” Evidence of compliance shall be current certificate of quality system registration to ISO 9001 or a recent compliance audit recommending registration from a Registrar acceptable to BPCL. The quality system shall provide for the planned and systematic control of all quality related activities for execution of contract. Implementation of the system shall be in accordance with BIDDER’S Quality Manual and PROJECT specific Quality Plan, which shall both, together with all related/referred procedures, be submitted to BPCL for review, comment and approval.

5.0 QUALITY SYSTEM REQUIREMENTS

5.1 BIDDER shall ensure that the responsible authority for execution of the order / contract has communicated the P0/ contract requirements including any

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identified or intended statutory and regulatory requirements to all concerned in sub-contractor’s organization who are contributing to the execution of the PO/ contract.

5.2 BIDDER shall establish a documented Quality Policy and Quality Objectives to achieve the specified and intended requirement of purchase order / contract.

5.3 BIDDER shall identify and communicate the responsibilities and authorities of the personnel contributing to the execution of the order / contract.

5.4 BIDDER shall deploy competent and trained personnel for various activities for fulfillment of PO / contract. BIDDER shall arrange adequate infrastructure and work environment to ensure that the specification and quality of the deliverable are maintained.

5.5 BIDDER shall do the quality planning for all activities involved in delivery of order. The quality planning shall cover as minimum the following:

• Resources

• Product / deliverable characteristics to be controlled.

• Process characteristics to ensure the identified product characteristics are realized

• Identification of any measurement requirements, acceptance criteria

• Records to be generated

• Need for any documented procedure.

5.6 Requirements for sub-contracting / purchasing of services specified in contract / tender shall be adhered to. Wherever requirements are not specified, the sub-contractor shall establish and maintain a system for purchasing / sub-contracting to ensure that purchased product / service conforms to specified requirements. Criteria for selection of sub-contractor, evaluation, re-evaluation, maintenance of purchasing data and verification of purchased product (sub-contractor services), constitute important components of this requirement.

5.7 BIDDER shall plan and carry production and service provision under controlled conditions. Controlled conditions shall include, as applicable

a) The availability of information that describes the characteristics of the product

b) The availability of work instructions

c) The use of suitable equipment

d) The availability and use of monitoring and measuring devices

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e) The implementation of monitoring and measurement

f) The implementation of release, delivery and post delivery activities.

5.8 BIDDER shall validate any processes for production and service provision where resulting output cannot be verified by subsequent monitoring and measurement. This includes any process where deficiencies become apparent only after the product is in use or service has been delivered.

5.9 BIDDER shall establish a system for identification and traceability of product / deliverable throughout product realization. Product status with respect to inspection and testing requirements shall be identified.

5.10 BIDDER shall identify, verify, protect and safeguard Owner property (material / document) provided for use or incorporation into the product. If any Owner property is lost, damaged or otherwise found to be unsuitable for use, this shall be reported to the Owner.

5.11 BIDDER shall preserve the conformity of product / deliverable during internal processing and delivery to the intended destination. Requirements mentioned in the tender shall be adhered to.

5.12 BIDDER shall establish system to ensure that inspection and testing activities are carried out in a manner that is consistent with the inspection and testing requirements. Where necessary, measuring equipments shall be calibrated at specified frequency, against national or international measurement standards; where no such standard exists, the basis used for calibration shall be recorded. The measuring equipments shall be adjusted or re-adjusted as necessary, identified to enable the calibration status to be determined. The measuring equipments shall be protected from damage during handling, maintenance and storage.

5.13 BIDDER shall ensure effective monitoring, using suitable methods, of the processes involved in production and other related processes for delivery of the scope of contract.

5.14 BIDDER shall monitor and measure the characteristics of the product deliverable to verify that product requirement has been met. The inspection (stage as well as final) by BIDDER and Owner personnel shall be carried out strictly as per the ITPs forming part of the contract. Product release or service delivery shall not proceed until the planned arrangements have been satisfactorily completed, unless otherwise approved by relevant authority and where applicable by Owner.

5.15 BIDDER shall establish and maintain a documented procedure to ensure that the product which does not conform to requirements is identified and controlled to prevent its unintended use or delivery

5.16 All non-conformities (NCs) / deficiencies found by the BIDDER’S inspection / surveillance staff shall be duly recorded, including their disposal action shall be recorded and resolved suitably. Effective corrective and preventive action

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shall be implemented by the BIDDER so that similar NCs including deficiencies do not recur.

5.17 All deficiencies noticed and reported by Owner shall be analyzed by the BIDDER and appropriate corrective and preventive actions shall be implemented. BIDDER shall intimate Owner of all such corrective and preventive action implemented by him.

5.18 BIDDER shall have documented procedure for control of documents and it shall be submitted for Owner comments.

5.19 All project records shall be carefully kept, maintained and protected for any damage or loss until the project completion, then handed over to Owner as per contract requirement, or disposed as per relevant project procedure.

6.0 AUDITS

BIDDER shall plan and carry out the QMS audit for the job. Quality audit programme shall be for systematic audit and surveillance of detailed design, procurement, construction management and commissioning, vendor and sub-contractors (as applicable). This shall be additional to the certification body surveillance audits carried out under BIDDER’S own ISO 9001 certification schemes. The audit programmes and audit reports shall be submitted to OWNER /TCE as per BIDDER’S documentation requirement matrix. TCE or OWNER’S representative reserves the right to attend, as a witness, any audit conducted during the execution of the WORKS. In addition TCE / Owner appointed third party may also perform a program of Quality and Technical compliance audits. BIDDER shall provide assistance and access to their systems and sub-contractor / vendor systems as required. Any deficiencies noted shall be immediately rectified by BIDDER.

7.0 PROJECT QUALITY PLAN REQUIREMENTS BIDDER shall prepare and submit Project Quality Plan for review and approval. The BIDDER’S quality Plan shall address all of the applicable elements of ISO 9001, identify responsible parties within BIDDER’S organization, for the implementation / control of each area, reference the applicable procedures used to control / assure each area, and verify the documents produced for each area. The Project Quality Plan shall necessarily define control or make reference to the relevant procedures, for design and engineering, purchase, documentation record control, bid evaluation, inspection, quality control at contractor / sub-contractors, preservation, packaging and storage, quality control at contruction site, pre-commissioning, commissioning and handing over (as applicable) in line with contract requirement and scope of work.

8.0 DOCUMENTATION REQUIREMENTS

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The required QMS documents specified in BIDDER’S documentation requirements matrix shall be submitted for review / approval by TCE / Owner otherwise work shall not be allowed to continue. BIDDER’S DOCUMENTATION REQUIREMENTS MATRIX

Sr. No.

Document To Be Submitted No. of Copies

At Bid Stage After Award of Job

1. Quality Manual 04

2. CVs of the personnel in BIDDER’S QA Organogram

03

3. Certificate of approval for compliance to ISO:9001 standard

02

4. Organization chart a) for complete organization b) for the project

04 04

5. Procedure for Control of Non-conforming Product

04

6. Procedure for Control of Documents

04

7. Sample audit report of the QMS internal and external audits conducted during last one year.

03

8. Project Quality Plan 04

9. Customer satisfaction reports form at / least 2 customers, during the last one year.

03

10. Audit program for the project 03

11. a) project audit report b) corrective action report on

the project audits

As per audit plan

03 03

12. Technical audit reports for the project

As per audit plan

03

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SPEC NO. TATA CONSULTING ENGINEERS LIMITED SECTION : F

TCE.6079B-B-Z-204 PRE-FILLED AGREED TERMS & CONDITIONS

(FOR INDIAN BIDDERS) SHEET 1 OF 10 OF 4

ISSUE R0

BHARAT PETROLEUM CORPORATION LIMITED PROJECT: GRID POWER AUGMENTATION

Bidder Name: M/s. ____________________________________________________________ RFQ No._____________________________________________________________________ Bidder‟s Offer Ref. No. : ________________________________________________________ Tel No. : ______________________________ Mobile No. ____________________________ Fax No._____________________________________________ Contact Person: _______________________________E-Mail _________________________ 1. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE

CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE ENCLOSED WITH EACH AND EVERY SET OF VENDOR'S UNPRICED QUOTATION.

2. ALL THE COMMERCIAL TERMS AND CONDITIONS SHALL BE INDICATED BY VENDOR IN THIS FORMAT ONLY AND NOWHERE ELSE IN HIS QUOTATION. HOWEVER, IN CASE THE SPACE FOR VENDOR'S REPLY IS NOT SUFFICIENT AGAINST A PARTICULAR QUESTION, THE VENDOR SHALL FURNISH SAME BY WAY OF SEPARATE ANNEXURE ATTACHED TO THIS QUESTIONNAIRE, INDICATING CROSS-REFERENCE OF RESPECTIVE CLAUSES.

3. FAILURE ON THE PART OF VENDOR IN NOT RETURNING THIS DULY FILLED-UP "QUESTIONNAIRE WITH ALL THE SETS OF UNPRICED QUOTATION AND/OR SUBMITTING INCOMPLETE REPLIES SHALL LEAD TO REJECTION OF VENDOR'S QUOTATION”.

S. No.

DESCRIPTION BIDDER’S CONFIRMATION

1 i) Quoted prices are on FOT despatch point basis inclusive of Packing & Forwarding.

Confirmed

1 ii) Specify Despatch Point (Indicate Name of place from where materials/goods shall be despatched & State)

Indicated (Refer ANNEXURE-1)

1 iii) a) Indicate Price for transportation by road Door Delivery up to the Project site excluding Cenvatable service tax.


b) Indicate the Cenvatable service tax payable extra on freight charges.


c) Bidder shall be reimbursed this tax only against Cenvatable invoices issued in accordance with service tax rules.

Confirmed

d) Bidder shall furnish Service Tax Registration Numbers in all invoices.

Confirmed

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e) Entry Tax: Entry Tax, if any, shall be paid by the supplier and the same shall be reimbursed by Owner on submission of documentary proof.

Not Applicable

1 iv) Transit Risk Insurance (GPC Clause 15.0) shall be arranged by Owner and the same shall not be included in the quoted prices. Confirm compliance.

Confirmed

2.1 Excise Duty:

a) Tarrif sub heading no. Indicated (Refer ANNEXURE-1)

b) Present rate of Excise Duty + Educational Cess payable extra on finished products and spares.


c) Maximum rate applicable (If present rate is nil or concessional).


d) If Excise Duty is not applicable at present, then the same shall be borne by Supplier if it becomes applicable later on. Confirm compliance.

Confirmed

2.2 Please indicate following break-up

a) Cenvatable Excise Duty + Educational Cess

100%

b) Non Cenvatable Excise Duty

NIL

2.3 The payment against Cenvatable portion shall be made at actuals subject to maximum given at 2.2 (a) above. Confirm acceptance.

Confirmed

2.4 The Excise Duty shall be released only on receipt of copy of Invoice, valid for availing CENVAT benefit. Confirm acceptance.

Confirmed

2.5 Excise Duty applicable on freight charges also (If applicable)


2.6 i) Only statutory variations, if any, in the present rate of excise duty/Service Tax, upto the contractual delivery period shall be to Owner's account subject to documentary evidence to be furnished by the bidder.

Confirmed

ii) Any variation in Excise duty/Service Tax at the time of supplies for any reasons, other than statutory, including variations due to turnover, shall be borne by bidder.

Confirmed

iii) Material supplied will be eligible for CENVAT Credit and Bidder shall furnish all documents as required to avail the same.

Confirmed

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3. Central Sales Tax/ MVAT:

a) Specify CST/ MVAT payable extra Indicated (Refer ANNEXURE-1)

b) Present rate of CST, C-Form shall be provided Indicated (Refer ANNEXURE-1)

Present rate of MVAT Indicated (Refer ANNEXURE-1)

c) CST / MVAT/ SERVICE TAX applicable on freight charges also.


d) Only statutory variations, if any, in the present rate of CST / MVAT/SERVICE TAX, up to contractual delivery period shall be to Owner's account subject to documentary evidence to be furnished by the Bidder.

Confirmed

e) In case of MVAT/ SERVICE TAX seller shall furnish all CENVATABLE documents to Owner to avail input credit on MVAT/SERVICE TAX.

Confirmed

f) If CST/MVAT/SERVICE TAX is nil [or] not applicable at present due to any reason, the same shall be borne by Supplier if it becomes applicable later on. Confirm compliance.

Confirmed

g) If CST against Form-C applicable is lesser than the present rate due to any reasons then, in case if full present rate is levied later then, the differential tax shall be borne by the Supplier. Confirm compliance.

Confirmed

4. Octroi Charges and Octroi Service Charges:

a) Octroi Charges Indicated (Refer ANNEXURE-1)

b) Octroi Service Charges Indicated (Refer ANNEXURE-1)

5. Any new or additional taxes/ duties and any increase in the existing taxes/duties imposed after contractual delivery shall be to BIDDER‟S account whereas any corresponding decrease shall be passed on to the Owner.

Confirmed

6.

Delivery Period / Completion Period: Please confirm delivery/completion period as per Annexure - II of SPC.

Confirmed

7. Price Reduction towards Delayed Delivery: Confirm acceptance of price reduction schedule for delay in deliveries as specified in SPC/GPC.

Confirmed

8. Terms of Payment:

Please confirm acceptance to following :-

a) Acceptance of applicable Terms of Payment as per RFQ documents/ Clause No. 4.4 under sub-heading “Terms of Payment for Indian Bidder” of Special purchase Conditions (SPC).

Confirmed

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b) In case of delayed delivery, invoices shall be submitted after deducting price reduction towards delayed delivery.

Confirmed

9. Part Order:

Confirmed

a) Acceptance of Part Order as per RFQ.

b) The quantity against a particular item shall not be split.

c) Any charges quoted extra as lumpsum shall be applicable pro-rata on value basis in the event of part order.

10. Repeat Order: Acceptance of repeat order within the 12 (Twelve) months from date of basic order on same unit price(s) and terms & conditions as per the basic order.

Not Applicable

11. Performance Bank Guarantee: Submission of Performance Bank Guarantee for 10% of total order value in BPCL format attached in GPC (Indigenous) for full guarantee period plus 6 (Six) months.

Confirmed

12. Firmness of prices: Quoted prices shall remain firm and fixed till complete execution of the order.

Confirmed

13. Testing and Inspection charges:

Quoted prices are:

i) Goods and services are subject to stage-wise and final inspection by Owner / TCE for which no extra charges shall be payable by Owner. Travel, living and personnel expenses of Owner / TCE‟s inspectors shall be borne by Owner. Confirm compliance.

Confirmed

ii) Inclusive of all testing charges as per „RFQ‟. Confirmed

iii) Inclusive of all IBR/IGC/NACE charges (if applicable) as required in the Request for Quotation (RFQ)

Confirmed

iv) The built-in import content (if applicable) shall also be subject to inspection by Third Party Inspection (TPI) Agency (LRQA, BVQI, TUV) in the country of origin of the import content and the quoted prices are inclusive of the charges for the same and no additional charges will be paid by Owner.

Confirmed

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14. Import Content: (with merit)

In cases where raw material/ components are imported by suppliers, the suppliers are requested to consider only Merit Rate of duty in their offer. However, the following terms shall apply:

Not applicable / Applicable (Please tick, whichever is applicable) If applicable, Details of CIF furnished in the Schedule of Price and all the sub-clauses (i.e.) 14 (a) & 14 (b) are acceptable to the Bidder.

a) Prices shall remain firm and fixed without any escalation except for statutory variation in customs duty rate. The prices shall be firm and fixed on account of FE variation also. The FE variation clause if any in the offer should be withdrawn

b) The statutory variation in customs duty (on Merit rate of customs duty) shall be subject to the following guidelines. Please confirm the following

i) Please furnish maximum CIF value in the Schedule of Price.

ii) The List of Items /material with quantities to be imported covering the above CIF value is furnished in the Schedule of Price. Confirm compliance.

iii) Indicate the Customs Tariff No., Merit Rate of customs duty considered and included in the quoted prices in the Schedule of Price.

iv) Variation in customs duty shall be permitted upto original/extended CDD. Confirm compliance.

v) Variation in Customs Duty will be dealt with separately after receipt of material at site and shall be paid on the actual CIF value subject to a maximum of the quoted CIF value, based on documentary evidence (BoE/AWB, Invoice). Confirm compliance.

vi) Cascading effect of customs duty variation on ED/CST/MVAT shall also be borne by BPCL. Confirm compliance.

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S. No.


vii) In case bidder does not furnish details of import content then bidder‟s quoted prices shall remain firm on account of Customs Duty and Foreign Exchange Rate variations. Confirm compliance.

15. Validity:

a) Confirm Offer Validity of FOUR (4) months from final bid due date.

Confirmed

b) Offer for two years spares if applicable, shall be valid upto 1 (one) year from the final bid due date. Confirm compliance.

Confirmed

16. Acceptance of all other terms & conditions as per attached :

a) General Purchase Conditions (GPC) Confirmed

b) Special Purchase Conditions (SPC) Confirmed

c) Terms and Conditions for Supervision of Erection, testing and commissioning (wherever applicable)

Confirmed

16.1 Confirm acceptance to Technical Specifications / Notes, etc., as per Request for Quotation (RFQ) without any deviation.

Refer TCE.M4-991/No Deviations ( Please tick, whichever is applicable)

16.2 Deviation if any to RFQ terms and conditions shall be brought out strictly as per enclosed Annexure-3 to ATC (Confirmations to RFQ terms and conditions)

Refer ANNEXURE-3 /No Deviations (Please tick, whichever is applicable)

16.3 If any discrepancies noted between the bidder‟s own quoted Price Schedule and the RFQ Attachment Sheets / Schedule of Price then, the contents of RFQ Attachment Sheets / Schedule of Price shall only prevail for all contractual purposes. Confirm compliance.

Confirmed

17 Whether any of the Directors of BIDDER is a relative of any Director of Owner/TCE or the BIDDER is a firm in which any Director of Owner/TCE or his relative is a Partner or the BIDDER is a private company in which any director of Owner/TCE is a member or Director.

NO/ If YES Specify

18 Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated. This does not necessarily because for disqualification. However if this declaration is not furnished the bid shall be rejected as non-responsive.

Confirmed

19 Deviations to Terms & Conditions shall lead to loading of prices as per Special Instructions to

Confirmed

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Bidders or rejection of offer. Please confirm.

20

Any claim arising out of order shall be sent to Owner in writing with a copy to TCE within 3 months from the date of last despatch. In case the claim is received after 3 months, the same shall not be entertained by TCE/ Owner.

Confirmed

21 Terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given herein and terms & conditions mentioned elsewhere in the offer, the confirmation given herein shall prevail.

Confirmed

22 Indicate the Request for Quotation (RFQ) Item / Tag numbers regretted by you.

Not Applicable

23 Vendor to quote as per the requirements and terms and conditions of the RFQ Document including all the enclosures and not to stipulate deviations/ exceptions. Once quoted, the vendor shall not make any subsequent price changes, whether resulting or arising out of any technical/ commercial clarifications and details sought on any deviations, exceptions or stipulations mentioned in the vendor offer unless any amendment to RFQ Document is issued by BPCL/ TCE. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by vendor are not accepted by BPCL/TCE and are required to be withdrawn by vendor in favour of meeting the requirements and complying to the terms and conditions of the RFQ Document. Any unsolicited proposed price change by the vendor is likely to render the vendor offer liable for rejection. Confirm compliance.

Confirmed

24 Please submit duly filled in “NEFT Mandate Form” from Bharat Petroleum Corporation Ltd. Attached in Annexure-4

Confirmed Attached in ANNEXURE-4

BIDDER‟s SIGNATURE & DATE

SEAL/ STAMP

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ISSUE R0

ANNEXURE - 1

NAME OF BIDDER: _________________________________ OFFER REF. _______________________________________ Dated _____________ RFQ NO.: __________ Dated _____________ ITEM: __________________________________________ PROJECT: OFFSITES & UTILITIES FOR NHT/CCR UNITS WE CONFIRM THE SALIENT FEATURES OF THE OFFER ARE AS BELOW:

1 DESPATCH POINT (SPECIFY PLACE & STATE) ______________________

2 PACKING & FORWARDING CHARGES INCLUDED

3 EXCISE DUTY + EDUCATION CESS _____% EXTRA

4 EXCISE DUTY: TARIFF SUB-HEADING NO. ______________________

5(A) CENTRAL SALES TAX AGAINST FORM „C‟ _____% EXTRA

5(B) MVAT (NO CONCESSIONAL FORM SHALL BE PROVIDED) (APPLICABLE FOR SUPPLIES FROM MAHARASHTRA)

_____% EXTRA

6 FREIGHT CHARGES DOOR DELIVERY UPTO PROJECT SITE (INCLUDING ALL TAXES & DUTIES)

_____% EXTRA

7 (A) OCTROI CHARGES OR CONFIRM NOT APPLICABLE _____% EXTRA

7 (B) OCTROI SRVICE CHARGES OR CONFIRM NOT APPLICABLE

_____% EXTRA

8 CENVAT BENEFIT THAT CAN BE AVAILED AGAINST EXCISE DUTY

_____%

BIDDER‟S SIGNATURE & DATE: _______________________________

WITH SEAL/ STAMP

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(FOR INDIAN BIDDERS) SHEET 9 OF 10

ISSUE R0

ANNEXURE-3

CONFIRMATIONS TO RFQ TERMS AND CONDITIONS (COMMERCIAL)

This has reference to the RFQ for subject item. We hereby confirm our acceptance to all the Terms and Conditions as specified in the RFQ Documents including all the enclosures except for the following:

SL. NO.

SPECIFICATION NO.

PAGE NO CLAUSE NO.

DEVIATION

1.

2.

3.

4.

5.

6. Note:

Any deviations taken by the Bidder shall be brought out strictly in this format and enclosed with Unpriced Commercial Bid.

Any deviations not brought out in this format and mentioned elsewhere in the bid shall not be recognized and the same shall be treated as null and void.

Bidder‟s own terms and conditions, if any, mentioned elsewhere in the bid shall not be recognized and the same shall be treated as null and void.

We confirm that deviations, if any, taken to the RFQ Commercial Terms & Conditions, shall result in either loading of prices or rejection of the offer.


NAME

DESIGNATION

COMPANY

DATE

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(FOR INDIAN BIDDERS) SHEET 10 OF 10

ISSUE R0

ANNEXURE 4

National Electronic Fund Transfer (NEFT) Mandate Form (Mandate for receiving payments through NEFT from Bharat Petroleum Corporation Ltd.)

1. Vendor Name :

2. Vendor code :

3. Permanent Account Number (PAN) :

4. Particulars of Bank account

a. Name of the Bank :

b. Name of the Branch :

c. Branch Code :

d. City name :

e. Branch Address :

f. Branch Telephone No.

g. NEFT IFSC Code :

h. 9 digit code number of the bank and branch appearing on the MICR cheque issued by the bank

:

i. Type of the account (S.B, Current or Cash Credit) with code (010/011/013)

:

j. Account number (as appearing on the cheque book) :

5. Email address of Bidder :

6. Date of effect :

(Please enclose a photocopy of the cancelled cheque to enable us to verify the details mentioned above). We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, we would not hold the company responsible. For

(_____________________) Signature of Vendor

Bank Certificate

We certify that___________________________has a Account No. _________________with us and we confirm that the details given above are correct as per our records. Date: Place: (_____________________)

Authorized official of bank

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SPEC NO.

TCE.6079B-B-Z-204

TATA CONSULTING ENGINEERS LIMITED SECTION : F

SHEET 1 OF 9 OF 4 PRE-FILLED AGREED TERMS & CONDITIONS

(FOR FOREIGN BIDDERS)

ISSUE R0

BHARAT PETROLEUM CORPORATION LIMITED PROJECT: OFFSITES & UTILITIES FOR NHT/CCR UNITS

Bidder Name: M/s. ____________________________________________________________ RFQ No._____________________________________________________________________ Bidder’s Offer Ref. No. : ________________________________________________________ Tel No.: _______________________________Fax No.: _______________________________ Mobile No._____________________________________________ Indian Office Representative Name & address: ______________________________________ Contact Person: _______________________________E-Mail _________________________ Phone No. __________________________________ Mobile No._____________________ 1. DULY SIGNED & STAMPED COPIES OF THIS “QUESTIONNAIRE”, WITH ALL THE

CLAUSES DULY CONFIRMED/ PRECISELY REPLIED TO BY THE VENDOR, SHALL BE ENCLOSED WITH EACH AND EVERY SET OF VENDOR'S UNPRICED QUOTATION.

2. ALL THE COMMERCIAL TERMS AND CONDITIONS SHALL BE INDICATED BY VENDOR IN THIS FORMAT ONLY AND NOWHERE ELSE IN HIS QUOTATION. HOWEVER, IN CASE THE SPACE FOR VENDOR'S REPLY IS NOT SUFFICIENT AGAINST A PARTICULAR QUESTION, THE VENDOR SHALL FURNISH SAME BY WAY OF SEPARATE ANNEXURE ATTACHED TO THIS QUESTIONNAIRE, INDICATING CROSS-REFERENCE OF RESPECTIVE CLAUSES.

3. FAILURE ON THE PART OF VENDOR IN NOT RETURNING THIS DULY FILLED-UP "QUESTIONNAIRE WITH ALL THE SETS OF UNPRICED QUOTATION AND/OR SUBMITTING INCOMPLETE REPLIES SHALL LEAD TO REJECTION OF VENDOR'S QUOTATION”.

Sr. No.

DESCRIPTION BIDDER’S CONFIRMATION WITH DETAILS

1 i) Confirm that the quoted prices are on FOB International Sea Port / Air Port of Exit.

Confirmed

ii) Indicate International Seaport/Airport of Exit. Indicated (Refer Annexure-1) 2 Documentation Charges:

Confirm documentation charges as per RFQ are included in quoted prices

Confirmed

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Sr. No.


3 Transit Risk Insurance: Prices quoted must exclude transit insurance charges from FOB International Sea Port/Air Port of Exit as the same shall be arranged by the Purchaser. However, transit insurance charges for inland transit up to FOB International Sea Port/Air port of Exit must be included by you in prices. Confirm compliance.

Confirmed

4 Taxes & Duties

a) All taxes, duties and levies of any kind payable upto FOB International Port of Exit shall be borne by you. Confirm compliance

Confirmed

b) Export permit/licence if required shall be Bidder's responsibility & any expenditure towards same will by borne by you. Confirm compliance.

Confirmed

5 Delivery Period / Completion Period:

Please confirm delivery/completion period as per Annexure - II of SPC. Indicate appropriate Sailing Period to Mumbai, India

Confirmed

..................

6 Manufacturer's name and address Indicated (Refer Annexure-1)

7. Testing / Inspection Charges:

a) Confirm quoted prices are inclusive of all testing

charges as per RFQ

Confirmed

b) Goods/equipment/material shall be subject to

stage wise and final inspection by Third Party Inspection (TPI) Agencies (LRQA, BVQI, TUV) for non-IBR Tags/Items. Confirm compliance.

Confirmed

c) Furnish TPI Charges applicable extra (including

inspectors fees) on non-IBR Tags/Items. Furnished (Refer Annexure-1)

d) Confirm quoted prices are inclusive of all charges

towards IBR inspection and IBR certification for IBR items, if any.

Confirmed

8. Country of Origin: Furnish Country of origin from where the goods have been offered.

Indicated (Refer Annexure-1)

9. Currency of Quote:

a) Furnish the currency of quote. Indicated (Refer Annexure-1)

b) Change in currency once quoted will not be

allowed. Confirm compliance. Confirmed

10. Validity:

a) Confirm Offer Validity of FOUR (4) months from final bid due date.

Confirmed

b) Offer for two years spares, if applicable, shall be valid up to 1 (one) year from the final bid due

date. Confirm compliance.

Confirmed

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Sr. No.


11. Indicate shipping weight (net and gross) & volume of the consignment.


12. Performance Bank Guarantee:

a) Confirm goods to be supplied by you shall be

guaranteed for performance as per CI.No.21 of GPC (Imported) and you will submit PBG for 10% (ten percent) of the order value towards performance valid till Full guarantee period plus 6 (Six) months.

Confirmed

b) i) Confirm that the Performance Bank

Guarantee shall be strictly as per proforma enclosed with GPC and shall be through branches of Indian Public Sector Banks operating in Bidder's country. The Performance Bank Guarantee shall be furnished along with unconditional acceptance of Fax of Acceptance.

Confirmed

ii) Bank Guarantee from Indian Branches of

foreign (Bidder's) banks will be accepted only if the Indian Branch of the Bank is recognised as Scheduled Bank by Reserve Bank of India. However, Bank Guarantee from foreign branch will be accepted only if the same is countersigned by their Indian Branch or by any Scheduled Indian bank. Confirm compliance.

Confirmed

13. Confirm quoted prices shall remain firm and fixed till complete execution of order. Price Variation shall not be considered on any account. Confirm compliance.

Confirmed

14. Part Order:

a) Confirm acceptance to part order (However

individual quantities will not be split) Confirmed

b) In case of part order confirm all lump sum charges

quoted extra if any viz. Documentation, testing, third party inspection, packing, crating, handling, FOB, IBR etc., can be considered on prorata value basis. Confirm compliance.

Confirmed

15. Repeat Order: Acceptance of repeat order within the 6 (Six) months from date of basic order on same unit price(s) and terms & conditions as per the basic order.

Confirmed

16. Price Reduction towards Delayed Delivery: Confirm acceptance of price reduction for delay in deliveries specified in GPC.

Confirmed

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Sr. No.


17. Terms of Payment:

Confirm Terms of Payment for supply in case of foreign bidders as per Clause No.4.5 under sub-heading "Terms of Payment for Foreign Bidders" of Special Purchase Conditions (SPC).

Confirmed

18. a) Letter of Credit shall be opened after receipt of unconditional acceptance of Fax of Acceptance. However, the letter of credit shall contain a stipulation that L/C shall come into force only after receipt of 10% (ten percent) performance bank guarantee by BPCL. Confirm acceptance.

Confirmed

b) Letter of Credit shall be opened through a Govt. of

India Nationalised/ Scheduled Bank and hence need not be confirmed. Confirm acceptance.

Confirmed

c) However, if you still insist for confirmed L/C,

confirmation charges shall be borne by you. Confirm acceptance.

Confirmed

19. All Bank charges and stamp duties payable outside India in connection with payments to be made under the Purchase Order, if placed, shall be borne by you. All bank charges and stamp duties payable in India shall be borne by the Purchaser. Confirm compliance

Confirmed

20. Confirm acceptance in totality to the following

a) General Purchase Conditions (GPC) (For

Imported Equipment/Materials) Confirmed

b) Special Purchase Conditions (SPC). Confirmed

c) Terms and Conditions for Supervision of Erection,

Testing & Commissioning/ Onsite Training if applicable

Confirmed

d) Supervision Charges (if applicable) confirm that per

diem rate quoted for Supervision/ Onsite Training are inclusive of to & fro charges, Local transport charges, Lodging & Boarding charges, withholding charges

Confirmed/Not Applicable

e) Expected number of days for Supervision, Erection & Commissioning. Onsite training.

Days /Not Applicable Days /Not Applicable

f) Confirm acceptance to Technical Specifications/ Notes, etc as per RFQ without any deviation

Refer TCE.M4-991/No Deviations (Please tick whichever is applicable)

g) Deviation if any to RFQ terms and conditions shall be brought out strictly as per enclosed Annexure-2 to ATC (Confirmations to RFQ terms and conditions)

Refer ANNEXURE- 2 / No Deviations (Please tick, whichever is applicable)

h) If any discrepancies noted between the bidder's Confirmed

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Sr. No.


own quoted price schedule and the RFQ Schedule of Price then, the contents of RFQ Schedule of Price shall only prevail for all contractual purposes. Confirm compliance

21. Direct offer without the intermediary of an Indian Agent will only be considered

Confirmed

22. a) No correspondence with Indian Agent will be entertained. However, if Indian Agent is involved, the bidder shall provide reason/ justification. Further it should be ensured by bidder that the agents get themselves registered with Reserve Bank of India (RBI). Payments to Indian Agent shall only be remitted after getting proof of registration with RBI, New Delhi. The payments to overseas suppliers (i.e. the principals) shall be released through L/C after deducting the Indian agent's commission from the quoted prices. Confirm compliance

Confirmed

b) Indicate the name of the Indian Agent, with his full address and percentage of commission included in your quoted prices


c) Indian Agent Commission will be paid directly by Owner to Indian Agent in equivalent Indian Rupees (on conversion rate as applicable on the date of payment to BIDDER) after satisfactory completion of the order. Confirm acceptance.

Confirmed

23. Please indicate name and address of your Bankers for L/C opening, telephone/E-mail address, etc.


24. All correspondence must be in ENGLISH language only.

Noted and complied.

25. Please confirm you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must be clearly stated. This does not necessarily become criteria for disqualification. However if this declaration is not furnished, the bid shall be rejected as non-responsive.

Confirmed

26. Whether any of the Directors of BIDDER is a relative of any Director of Owner/TCE or the BIDDER is a firm in which any Director of Owner/ TCE or his relative is a Partner or the BIDDER is a private company in which any director of Owner/ TCE is a member or Director.

No/ If YES Specify

27. Deviations to Terms & Conditions shall lead to loading of prices as per Special Instructions to Bidders or rejection of offer. Please confirm.

Confirmed

28. Any claim arising out of order shall be sent to Owner in writing with a copy to TCE within 3 months from the date of last despatch. In case the claim is received

Confirmed

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after 3 months, the same shall not be entertained by TCE/ Owner.

29. Indicate the RFQ Item / Tag numbers regretted by you. Indicated ( Refer Un priced Schedule of Price)

30. Vendor to quote as per the requirements and Terms & Conditions of the RFQ Document including all the enclosures and not to stipulate deviations/ exceptions. Once quoted, the vendor shall not make any subsequent price changes, whether resulting or arising out of any technical/ commercial clarifications and details sought on any deviations, exceptions or stipulations mentioned in the vendor offer unless any amendment to RFQ Document is issued by BPCL/ TCE. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by vendor are not accepted by BPCL/ TCE and are required to be withdrawn by vendor in favour of meeting the requirements and complying to the terms and conditions of the RFQ Document. Any unsolicited proposed price change by the vendor is likely to render the vendor offer liable for rejection. Confirm compliance.

Confirmed

31 Terms and conditions, if any, appearing in quotation shall be treated as null and void and shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given herein above shall prevail.

Confirmed

32. Confirm acceptance to furnishing of phytosanitary certificate for packing requirements as per Annexure-3 enclosed.

Confirmed

BIDDER’s SIGNATURE & DATE

SEAL/ STAMP

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ANNEXURE - 1

NAME OF BIDDER: _________________________________ OFFER REF. _______________________________________ Dated: _____________ RFQ NO.: __________________________________________ ITEM: _____________ PROJECT: OFFSITES & UTILITIES FOR NHT/CCR WE CONFIRM THE SALIENT FEATURES OF THE OFFER ARE AS BELOW:

1 Indicate International Seaport / Airport of Exit & Country

2 Furnish TPI Charges (by Agencies nominated by BPCL, LRQA/ BVQI/ TUV) applicable extra for non-IBR items.

3 Manufacturer's name & address

4 Country of Origin from where the goods have been offered

5 Furnish Currency of quote. Change in currency once quoted will not be allowed.

6 Indicate shipping weight (net & gross) & volume of the consignment.

7

Indicate name & address of your Bankers for L/C opening, telephone/E-mail address.

Account No. Swift Code

Banker's Name Address

Phone

Fax

E-mail ID

8 Indicate RFQ Item / Tag numbers Regretted by you. Indicated in Unpriced copy of Schedule of Price

9 Indicate the name of the Indian Agent, with his full address and percentage of commission included in your quoted prices.

BIDDER’S SIGNATURE & DATE: _______________________________

WITH SEAL/STAMP

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ANNEXURE-2

CONFIRMATIONS TO RFQ TERMS AND CONDITIONS (COMMERCIAL)

This has reference to the RFQ for subject item. We hereby confirm our acceptance to all the Terms and Conditions as specified in the RFQ Documents including all the enclosures except for the following:

SL. NO.

SPECIFICATION NO.

PAGE NO CLAUSE NO.

DEVIATION

1.

2.

3.

4.

5.

6. Note:

Any deviations taken by the Bidder shall be brought out strictly in this format and enclosed with Unpriced Bid.

Any deviations not brought out in this format and mentioned elsewhere in the bid shall not be recognized and the same shall be treated as null and void.

Bidder’s own terms and conditions, if any, mentioned elsewhere in the bid shall not be recognized and the same shall be treated as null and void.

We confirm that deviations, if any, taken to the RFQ Commercial Terms & Conditions, shall result in either loading of prices or rejection of the offer.


NAME

DESIGNATION

COMPANY

DATE

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ANNEXURE-3


NAME

DESIGNATION

COMPANY

DATE

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