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INDIAN OIL CORPORATION LIMITED

Panipat Refinery & Petrochemical Complex

TENDER DOCUMENT NO.: PRMM157019

Supply of “Hydrojetting Suits”

INVITED BY:

CHIEF MATERIALS MANAGER

INDIAN OIL CORPORATION LTD. (IOCL),

PANIPAT REFINERY & PETROCHEMICAL COMPLEX

PO:- PANIPAT PIN:- 132140

HARYANA

Please ensure that following documents are attached with offer:

Sr. Document’s to be attached with offer Confirm Uploaded

1 EMD in the form of DD/bankers cheque details Rs. 11,700/-

2 Format for Bank mandate – (Original to be sent along with EMD)

3 Annual Turn-over Proof of the last three preceding years. Not required

4 Minimum Single order value proof along with Proof of execution Required

5 Enquiry-cum- offer (RFQ) Signed & stamped

6 General Purchase Conditions (GPC) Signed & stamped

7 Agreed Terms & Conditions (ATC) Filled, Signed & stamped

8 BOQ – Unpriced PDF

9 BOQ - Priced XL

(Please read Instructions for bidders below before uploading the bid)

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INDEX

DOCUMENT PAGE NO.

1. NOTICE INVITING TENDER (NIT)

3 - 12 2. PRE QUALIFICATION CRITERIA (PQC)

3. INSTRUCTION TO BIDDERS

4. PROFORMA FOR DETAILS OF ANNUAL TURNOVER AS PER PQC, if applicable 5. PROFORMA FOR DETAILS OF PAST EXPERIENCE AS PER PQC 13 6. PROFORMA OF EXCEPTIONS AND DEVIATIONS 14 7. DECLARATION OF ACCEPTANCE OF TENDER TERMS 15 8. TECHNICAL SPECIFICATIONS - if applicable (Uploaded Separately) 9. PRICE SHEDULE (BOQ) – PRICED AND UNPRICED (Uploaded Separately) 10. GENERAL PURHCASE CONDITIONS (Uploaded Separately) 11. AGREED TERMS AND CONDITIONS (INDIGENOUS) (Uploaded Separately) 12. AGREED TERMS AND CONDITIONS (IMPORT) (if applicable) (Uploaded Separately) 13. Tender Conditions for Benefits/Preference for Micro & Small Enterprises (Annexure-A) 16-17 14. PROFORMA OF DECLARTATION OF BLACK/HOLIDAY LISTING 18-19

ALL ABOVE DOCUMENTS FORM PART OF THE TENDER

DOCUMENTS.

In the event of any irreconcilable conflicts, the hierarchy for the acceptance shall be -

(i) Technical Specification & Conditions

(ii) Agreed Terms & Conditions (Indigenous) / Agreed Terms & Conditions

(Import)

(iii) General Purchase Conditions.

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PRMM157019 Date: 14.10.2015

INDIAN OIL CORPORATION LIMITED (REFINERIES DIVISION)

PANIPAT REFINERY AND PETROCHEMICAL COMPLEX, PANIPAT-132140 (INDIA)

NOTICE INVITING TENDER (E-TENDER)

Indian Oil Corporation Limited (Refineries Division), Panipat Refinery invites electronic Bids through its E-Tendering website https://iocletenders.gov.in in two-bid system for Procurement of Items as under. Vendor/Bidders can download the Tender documents (Non–Transferable) from E-Tendering website https://iocletenders.gov.in and the bids shall be submitted on line with Digital Signatures in the above E-Tendering Portal during the period , as specified under “Critical Dates” and Produced hereunder. Item Description: Hydrojetting Suit as per tender

Online Bid Downloading, Bid preparation & Submission date

Electronic Bid Opening date

EMD

14.10.2015, 05:00 PM IST

To 04.11.2015,

05:00 PM IST

06.11.2015,

01:00 PM IST

Rs. 11,700/-

1. Technical Pre-Qualification Criteria:

Bidder shall be the manufacturer of the item or authorized distributor of the manufacturer. Letter of authorization to be submitted in case the bidder is not a manufacturer.

Document to be supplied along with offer:

i. Copy of approval of CE or equivalent ANSI certificate for the suit. ii. Catalogues, test certificates of the material with existing one should be provided /confirmed in

the offer.

2. COMMERCIAL PRE-QUALIFICATION :

Documentary proof for having executed a Minimum order Value of similar item (Hydrojetting Suit/ Hydrojet Protection/ Waterjetting Suit/ Waterjet Protection Suit) as below during any of the last five years ending on the last date of month immediately previous to the month in which the last date of submission of bid falls. a) One Similar Completed order costing not less than (FOR Despatch Point) : Rs. 5,85,000/-

OR b) Two similar completed orders each costing not less than (FOR Despatch Point) : Rs. 4,68,000/-

OR c) Three Similar completed orders each costing not less than (FOR Despatch Point) : Rs. 3,51,000/-

3. In case a foreign bidder submits any of the Pre Qualification support documents in

any language other than English, then it will be the responsibility of such foreign

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vendor to also provide the English translation copy of the same duly certified,

stamped and signed by their Local Chamber of Commerce.

4. A Company (bidder) shall not be allowed to use the credentials of its parent or any

group company to meet the Experience Criteria.

5. Submission of authentic documents is the prime responsibility of the bidder. Wherever IOCL has concern or apprehension regarding the authenticity /correctness of any document, IOCL reserves the right of getting the documents cross verified from the document issuing authority.

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

7. Bids shall have to be submitted only through on-line mode on above mentioned IOCL E-tendering website during the period, as specified above and also noted under “Critical Dates “ and the Bids shall be opened on the Date & time, as specified under “Critical Dates” and as above Electronically/online.

8. Bids in Physical form sent through fax/E –Mail/Courier/Post will not be acceptable. Bidder(s) are advised to quote strictly as per Terms and conditions of The Tender Documents for E-Bidding and not to stipulate any deviations /Exceptions. EARNEST MONEY DEPOSIT:

9. Earnest Money Deposit (EMD) refundable as it is (without interest) should be submitted by Demand Draft / Banker's Cheque in favour of " Indian Oil Corporation Ltd., Panipat Refinery., payable at Panipat preferably State Bank of India, Panipat Refinery Baholi (Branch Code - 8706). –

10. The SCANNED COPY OF EMD (To be submitted vide Demand Draft/Bankers Cheque should be submitted online along with un-Priced Bid. -

11. Bidders must Ensure that EMD(DD/Bankers Cheque) are physically received by IOCL Office (Address as under) on or before the last date of bid submission as Indicated in NIT under “Critical dates” or Corrigendum(IF ANY) thereof. The Address of Submission is

Chief Materials Manager (PURCHASE) Indian Oil Corporation Ltd. (Refineries Division) Panipat Refinery & Petrochemical Complex, Post Office: Panipat Refinery Panipat 132 140 (Haryana), INDIA The Envelope must be super scribed with IOCL Tender Nos clearly indicating “OFF-LINE SUBMISSION OF EMD “ in Bold.

12. EMD should be submitted along with “Unpriced Bid” only vide Scan copy followed by their Physical receipt as above; otherwise the offer may be ignored. IOCL shall not be responsible for postal / courier delay, non receipt or loss in transit, due to any reason. EMD of successful Tenderer will be returned after receipt of Performance Bank Guarantee. EMD of unsuccessful Tenderer(s) will be returned after finalization of tender.

13. EMD shall be forfeited in case:

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i) In CASE Bidder alters/Modifies/Increases his quoted Price Suo-moto/withdraws his bid Suo-moto after opening of Technical bids and that too within his offer validity period, his EMD shall be forfeited and his offer shall be liable to be rejected. Such a bidder may be debarred from participating in Future Tenders and may also be put on “Holiday List”

ii) EMD shall be forfeited in case the successful Bidder fails to deposit the Performance Bank Guarantee or to execute the contracts within the stipulated period. Such a Bidder may also be debarred from participating in Future Tenders and may also be put in “Holiday List”.

iii) The bidder declares that none of the e documents have been tampered with. In case of

tampering of e-documents, the bid shall be rejected outright and EMD forfeited without prejudice to any other rights or remedies available to IOCL

14. GENERAL GUIDELINES TO THE VENDOR TO SUBMIT THE QUOTATION A. Bids should be submitted online (https://iocletenders.gov.in/) by the bidder in complete accordance with our tender documents and its Attachments. Bids should be submitted in “Two Bid System” i.e “Unpriced bid” and “Priced Bid” within the dates mentioned under “Critical Dates” in the NIT. B. PART-I: Unpriced Bid Complete with all technical and commercial Details other than Price shall be submitted ESSENTIALLY containing the Following Documents.

(i) Scanned Copy of EMD Demand draft/Bankers Cheque & Supporting Documents for fulfillment of Pre-Qualification Criteria (PQC). (ii) Technical Specs (ENQUIRY CUM OFFER). Duly signed and stamped as a token of Acceptance, INCLUDING ANNEXURES if any. (iii) Questionnaire of “Agreed Terms and Conditions” duly filled in.

(iv) Holiday List / Black List declaration properly Filled in and Proforma of EXCEPTIONS AND DEVIATIONS and declaration of ACCEPTANCE OF TENDER TERMS

(v) Unpriced Price Schedule (BOQ) indicating Quoted/Not Quoted against Each line item (PRICE SHOULD NOT BE FILLED IN UNPRICED BOQ).

C. “Priced bid”- (i) THIS PART SHALL BE SUBMITTED IN SINGLE COPY AND SHALL HAVE ONLY PRICE SCHEDULE (BOQ) WITH PRICES DULY FILLED IN. THE PRICE SCHEDULE SHALL BE IDENTICAL TO THE DOCUMENT as per clause no. 13.B (v) AS ABOVE except the Prices shall be duly filled in.

15. The Price Bid (BOQ) should be uploaded strictly as per format available with the Tender in the website failing which offer shall be rejected.

16. IOCL shall not be responsible for any delay, non-submission of the offer due to website, internet connectivity or any other problem / reason.

17. The unpriced offers shall be opened on due date as per Notice Inviting Tender (NIT) in our office electronically/Online and the Priced offer of Bidder whose unpriced offers are found technically suitable shall be opened on suitable date Electronically for which no separate intimation shall be furnished to the technically acceptable Bidders, bidders get update from online portal.

18. Witnessing of techno Commercial Bid & Price Bid of the Tender shall be online at E-Tendering website https://iocletenders.gov.in.

19. The requirements are specified in the attached Enquiry-Cum-Offer Format along with Special Instructions, Technical Specification Annexure (if any), Agreed Terms & Conditions and General Purchase Conditions which should be duly filled in, signed & stamped as a token of

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acceptance and should be electronically uploaded. Bids UPLOADED without duly filled in “Agreed Terms & Conditions”, acceptance to all pages of Tender Documents may be rejected without any correspondence.

20. IOCL reserves the right to make any changes in the terms and conditions of purchase and to reject any or all bids received incomplete without assigning any reasons.

21. Please specify Tender Reference No. in all correspondences.

22. All communication documents shall be in English / Hindi language only.

23. Please quote your best possible firm prices in Price Bid (BOQ). Any unilateral revision of price (unless asked by IOCL) during tendering process may render your offer liable for rejection.

24. Cutting and corrections in the bid document should be avoided and if it is unavoidable, it should be kept at the bare minimum and it should be neatly cut and re-written without over-writing and use of erasing fluid. All corrections should be duly signed by the bidder. Use of white / erasing fluid is not allowed. IOCL reserves the right to accept or reject the offer either in part or full wherever white / erasing fluid is used.

25. You are requested to quote most competitive prices/Firm Prices. Purchaser (IOCL) does not negotiate the prices in general after price bid opening. However, purchaser reserves the right to negotiate the price, if felt necessary.

26. Please note that any SUOMOTO revision of rate during the period of finalization of contract

may render your offer liable for rejection. Supplemental letters for revision in prices

received from bidders shall be considered for evaluation only in those cases where

the revision in the price is asked for by IOCL based on changes in specification /

scope of work / commercial terms and conditions.

27. Certificate: Vendor will submit the Material / Manufacturer Test

Certificate, Guarantee certificate, Third party inspection Release Note from

IOCL approved inspection agencies etc (if/whichever applicable) along

with supplies as indicated in our technical specifications, if any.

28. For the item (s) covered in the tender, please clearly indicate that whether you are a SSI unit, if yes, please enclose on-date valid certificate in this regard. Also please indicate that whether you are registered with NSIC, if yes, please UPLOAD on-date valid certificate in this regard. Also indicate your MSME regn. No. The same shall be considered for benefits as per rules (i.e. waiver of Tender fee / EMD) If you do not furnish your reply against this point, it shall be presumed that you are not interested to present yourself as SSI or NSIC registered one.

Tender conditions for benefits / Preference for Micro and Small enterprises is attached as Annexure A.

29. Indian Oil Corporation Limited reserves the right to extend due dates of tender (i.e uploading and downloading dates), to accept or reject any tender / all tenders in part or full without assigning any reason, whatsoever. Indian Oil Corporation Limited also reserves its right not to accept the lowest rates quoted by the tenderers and prevailing Government Guidelines regarding cost of tender documents / EMD shall be applicable.

30. Legal dispute shall be exclusively within the jurisdiction of court situated at Panipat, Haryana.

31. Validity: Offer should be valid for minimum 4(Four) months from the bid due date. If bidders shall be asked to extend the validity, the same should be extended without any

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deviation including change in prices. However, bidders would be allowed to withdraw the tender. If a party still deviates or changes the price, its offer shall be rejected.

32. It shall be the responsibility of the Tenderers to fill complete, correct and accurate information in line with the requirements/stipulations of the Tender Document and other information required to facilitate due evaluation/consideration of the Tenders. If any information given by Bidder /Tenderer is found to be incorrect in any particular considered by the OWNER to be relevant for the evaluation of the Bid/Tender ,or is found by the OWNER to misrepresent facts, or if any of the documents submitted by the Bidder/Tenderer in support of or relevant to the Bid/Tender is found by the owner to be forged, false or Fabricated , the OWNER may reject the Bid, and without prejudice to any other right(s) of action or remedy available to the OWNER, the owner may forfeit the Earnest Money given by the Bidder in the form of Earnest Money Deposit or Bank Guarantee in lieu of Earnest Money Deposit in order to compensate the OWNER for the expenses incurred by it in considering the Bid (and not by way of Penalty) and take action for Putting the Bidder/Tenderer on Holiday list for such Period as the owner in this Behalf considers warranted and/or to remove the Bidder/Tenderer from the approved list of Vendors. If Prior to the discovery of incorrect information, misrepresentation of false, forged or fabricated document(s) the bid/Tender has resulted in Purchase Order, the Purchase order shall be liable to be terminated by the owner.

33. INSTRUCTIONS TO BIDDERS FOR PARTICIPATING IN E-TENDERING: Tenderers are advised to download Notice Inviting Tender along with other tender documents from the e-tendering portal https://iocletenders.gov.in free of cost using their digital signature & registered user id. While the tender shall be submitted online in soft copy on our e-tendering portal, the Earnest Money Deposit has to be submitted by dropping it in the Tender-box ( as per instruction) before the due date and time of tender submission failing which the tender shall be summarily rejected. A scanned copy of the instrument DD/ BC or exemption certificate in case of NSIC or exempted category has to be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link. The tender documents downloaded are not transferable and can be used only by the registered tenderer who has downloaded the documents. Hence any tender submitted by the tenderers who have not downloaded the same shall be rejected outright. Indian Oil Corporation Ltd. has developed a secured and user friendly system through National Informatics Center, which enables Vendors/ Bidders to Search, View, Download tenders directly and also, enables them to participate & submit Online Bids on the e-tendering site https://iocletenders.gov.in in a secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process. All interested bidders are requested to register themselves with the portal indicated above and enroll their digital certificate with the user id for participation in the tender. Bidders are requested to read following conditions in conjunction with various conditions, wherever applicable appearing with this bid invitation for e-Tendering. The conditions mentioned herein under shall supersede and shall prevail over the conditions enumerated elsewhere in the tender document. 1.0 Procedure to submit On-line Bids / Offers electronically on e-tendering portal For this purpose, Vendors / Bidders are advised to read the instructions available in the homepage of the portal where detailed procedure for submission of bids is available under the section “Bidders’ Demo Kit”. You may contact the following resource persons for any assistance required in this regard.

Mr. Shashi Noida 8130634323

Mr. Ankit Gurgaon 9717983330

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Mr. Vikrant New Delhi 9999188919

Mr. Amrit Gurgaon 8447267939

Mr. Sawan Noida 8130269544

Mr. Atul Mumbai 9920638636

Mr.Ashwani Mumbai 8879414448

Mr. Ravi Kolkata 8981665512

Kindly note the E-Tendering Helpdesk E-Mail:-etenderinghelpdesk@indianoil.in 2.0 The bidders should note the following: 2.1 Late and delayed Bids / Offers after due date / time shall not be permitted in e-tendering system. No bid can be submitted after the last date and time of submission has reached. (However if bidder intends to revise the bid already submitted, they may change / revise the same on or before the last date and time of submission of bid). The system time (IST) that will be displayed on e-tendering web page shall be the time and no other time shall be taken into cognizance. 2.2 Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid. 2.3 No printed or posted Bids / Offers shall be accepted. 3.0 Bidders need to have Digital Signature Certificate Digital Signature Certificate is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who in turn allot on a regular basis Digital Certificates, Documents which are signed digitally are legally valid documents as per the Indian IT Act (2000). In order to bid for IndianOil e-tenders all the vendors are required to obtain a legally valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. The Digital Certificate is issued by CA in the name of a person authorized for filing Bids / Offers on behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-line only after digitally signing the bid / documents with the above allotted Digital Signatures.

Bidders have to procure Digital Certificate Class III on their own from any of the Certifying

Authorities in India. It is Compulsory for bidders to use Class III Digital Certificates only.

4.0 Submission of Documents The tender documents including quoted Price Bid have to be submitted online only. However, documents which necessarily have to be submitted in originals like EMD and any other documents mentioned in the tender documents have to be submitted offline. Indian Oil shall not be responsible in any way for failure on the part of the bidder to follow the instructions. 5.0 It is advised that the bidder uploads small sized documents (preferably upto 10 MB) at a time to facilitate easy uploading into e-tendering site. IndianOil does not take any responsibility in case of failure of the bidder to upload the documents within specified time of tender submission. Indian Oil will not be responsible for any delay under any circumstances for non-receipt of Tenders/submission of filled in tender document by due date & time. 6.0 Submission and Opening of Bids

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Bid along with all the copies of documents should be submitted in the electronic form only through IndianOil e-tendering system. Before the bid is uploaded, the bid comprising of all attached documents should be digitally signed using digital signatures issued by an approved Certifying Authority (CA) in accordance with the Indian IT Act 2000. The bidder should go through the detailed instructions available in the homepage of the portal for enrolment and online bid submission process. Bidder has to ensure that their bid is complete in all respect before pressing on the “FREEZE BID” button. Any revision or amendment in bid shall be possible after the “FREEZE BID” button is pressed only till the due date and time of submission of tender. 7.0 Last Date for Submission of Bids Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement system well before the closing date and time of bid. Vendors / Bidders must use any computer having Windows XP versions or higher operating system and an Internet web browser version internet explorer V8.0 or higher recommended. Note: Bidders are requested to go through the “Bidders Manual Kit” available in the homepage of the e-tendering portal i.e. https://iocletenders.gov.in to have a clear understanding of the steps to be followed for bid submission. The “Bidders Manual kit” is for general reference only and the tenderers have to abide by the terms and conditions of this tender.

34. SPECIAL INSTRUCTION TO BIDDERS

a. Consortium bids shall not be accepted. b. "The bidder entity should ensure that only one bid is submitted by them directly or by

their Agent* on behalf of the bidder entity or as a Consortium Partner. In case it is found that bidder entity has submitted more than one bid, all their bids in the tender are liable for rejection. *"Agent" for the above purposes would be one who agrees and is authorized to act on behalf of another, a Principal, to legally bind an individual in particular business transactions with third parties pursuant to an agency relationship. Submission of bids by different offices / branches of the bidder entity will be considered as bids from the same bidder entity and will be liable for rejection."

c. In case of involvement of foreign Vendors, tenders can be submitted either by the Vendor directly or through their Indian Agent / representative on behalf of them, but not both. The Indian Agent / representative should represent only one Vendor and he should not be allowed to quote on behalf of another Vendor for the same tender.

d. In case any Taxes, Duties, freight and other components asked for in the Enquiry are not indicated by the Bidder, the same shall be considered to be borne by the Bidder.

e. Bidder must submit specific loss control aspects of the offered materials. f. Only Biodegradable packing material should be used for supply of materials. g. Suo moto changes (After opening of un-priced bid) shall be treated as below:

Price Increase Not Acceptable. Bid shall be liable for rejection.

Price Decrease In case of suo moto price decrease:

1. Tender evaluation shall be done without considering suo moto price

decrease.

2. Ordering shall be done considering suo moto price decrease. h. On account of exigencies in case bids have to be revalidated before Price Bid Opening

beyond the original sought validity, the same may be allowed with or without changes in prices. However IOCL reserves the right to cancel such tender and refloat the same.

i. Wherever site work is involved, the provision regarding water and power availability at the site shall be provided free of cost.

j. Bidders to quote competitive prices considering the fact that price negotiations, if required, to be held with the lowest bidder only. Negotiations shall not be conducted with bidders as a matter of routine. However, IOCL reserves the right to conduct Negotiations.

k. IOCL reserves the right to make any changes in the terms and conditions of Enquiry and to accept or reject any or all the bids without assigning any reason and without

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incurring any liability to the affected bidder(s). Tender can be abandoned without assigning any reason and no compensation shall be paid for the efforts made by the bidder.

l. Payment may be made by E-payment or Cheque at discretion of IOCL. m. Tender is also liable for rejection if the bidder:

i. Does not pay the EMD before deadline ii. Does not fulfill minimum pre qualification criteria as per the Tender documents iii. Submits the tender late i.e. after due date and time iv. Unsolicited tenders v. Stipulates the validity period less than what is stated in the Tender Documents vi. Stipulates his own conditions and does not agree to withdraw the deviations, rendering his bid unacceptable vii. Does not disclose the full names and addresses of all his partners or Directors as applicable wherever called for in the tender. viii. Does not fill in and sign the required annexures, specifications, etc. as specified in the tender. ix. Does not submit bid in the prescribed format making it impossible to evaluate the bid x. Indulges in tampering of tender documents xi. Does not conform to any tender condition which stipulates non- conformance of tender conditions as a rejection criteria

n. Bidders asking for Price Variation Clause (PVC) have to quote a ceiling for the same. Ceiling shall be loaded for evaluation purpose. Offers received without any ceiling shall be liable for rejection.

o. In case the bidders are quoting for FE rate variation, the details of item wise maximum CIF value (indicating quantity) of each currency should be indicated in the offer. Bidder to separately indicate the imported bought out items and their maximum CIF value. Any increase in price due to increase in FE rates beyond two thirds of the CDD in respect of items which require further fabrication after import and for bought out imported items beyond the CDD, will be to vendor’s account. However, any decrease in the prices due to decrease in FE rate at the time of actual clearance of imported materials, shall be passed on to IOCL. FE variation shall also include recovery if the actual exchange rate is less than the quoted rate. In case order stipulates FE variation clause, the vendor shall furnish Bill of Entry documents along with the invoice and raise invoice accordingly.

p. Tendering can be abandoned without assigning any reason. No compensation shall be paid for the efforts made by the bidder. IOCL reserves the right to reject, accept or prefer any tender or to abort the bidding process without assigning any reason whatsoever.

q. Although normally the lowest responsive bid amongst the bids submitted by bidders and considered by IOCL to be qualified and competent shall be preferred, IOCL reserves the right not to accept the lowest bid if in its opinion this is not in the interests of IOCL.

35. LOADINGS:

Loading for deviations to tender terms shall be as per evaluation criteria and indicated anywhere else in tender documents shall be applicable.

EVALUATION CRITERIA : 1. Loading for Taxes and Duties: All extra taxes and duties, as applicable shall be loaded for the purpose of evaluation. For the purpose of evaluation of offers, cenvat benefit on account of admissible excise duty/CVD/Service tax shall be considered for determining the lowest offer. Bidder to confirm that all relevant documents shall be furnished to IOCL for availing CENVAT Benefit along with supply and CENVAT Benefit rate/amount that

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shall be passed onto IOCL should be explicitly mentioned for each item. When bidder does not mention Taxes & Duties, the same shall be considered as “Borne by bidder “and included in their quoted basic price.

In case of any variation in tax or duty rate or introduction of new tax / duty after

submission of bid, the offers shall be evaluated considering the rate / tax / duty as

applicable on the date of price bid opening. 2. Loading for Transportation: Freight from vendors dispatch point up to Panipat Refinery shall be considered for evaluation. 3. Transit Insurance: Transit insurance shall be in the scope of IOCL. A nominal loading of 0.5% for inland transit insurance shall be done for evaluation. In case, bidder offer Transit Insurance as Inclusive, their offer shall still be loaded with 0.5% for evaluation. Landed cost shall be calculated by adding all applicable Indian taxes & duties on the quoted price, insurance and freight etc. as applicable. 4. Price Adjustment Clause: The difference between the quantum as per GPC and that offered by the bidder shall be added to the tendered amount. For non-acceptance of the clause or of accepting as Liquidated Damage, loading of 5% shall be done on the prices. In case the clause as per IOCL GPC is accepted but with max limit as indicated as 5% of undelivered order value, loading of 2.5% shall be done on the prices. 5. Payment Terms: The payment terms applicable should be clearly indicated and in case bidders take deviations to the specified payment terms, loading for interest implication at 1% higher than IOC's Prime Lending Rate shall be done on differential payment term. 6. Specific Discount: Specific discount if any given shall be considered .Conditional discount like for prompt payment etc., shall not be considered for evaluation.

7. Performance Bank Guarantee (PBG): Not Applicable for this tender

In case bidder does not agree to submit PBG as per tender requirement, their offer will be loaded with 10% of their basic cost of material. In case PBG is agreed for less than 10%, loading shall be for the differential Performance Bank Guarantee. The rating of the bank sanctioning the BG should not fall below the rating of ‘A’ from Moody’s or equivalent(from other rating agency) in case of foreign bank and rating of ’AA’ from CRISIL or equivalent (from other ratings agency) in case of Indian banks during the tenor of BG. In case the rating falls below threshold level at the time during the tenor of BG, the party will arrange to replace the BG, at its own cost, through bank acceptance to IOC.“ 8. Evaluation : Techno-Commercially acceptable bids shall be evaluated ITEM WISE on the basis of Total Cost at IOCL Site (including P&F, Freight, Taxes & Duties, Transit Insurance, and Commercial loadings for deviations to our tender terms) after considering applicable & available Cenvat benefits. Generally the lowest bid (Item-wise) shall be accepted, unless otherwise specified/decided by IOCL in its own Interest. 9. Specific discount if any given shall be considered .Conditional discount like for prompt payment etc., shall not be considered for evaluation.

10. Foreign bids shall be compared considering Bill Selling Rate released by SBI on

the date of Price Bid Opening.

11. Purchase preference to MSEs: shall be as per Annexure A

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36. Penalties for Violation / Non-adherence of safety procedures and practices:

a. Violation of applicable Safety, Health and Environment related norm a penalty of Rs. 5,000.00 per occasion.

b. Violation as above resulting in any physical injury, a penalty of 0.5% of the contract value (maximum of Rs.2,00,000.00) per injury in addition to Rs.5,000.00 per occasion as in item a).

c. Fatal accident, a penalty of 1% of the contract value (maximum of Rs.10,00,000.00) per

injury in addition to Rs.5,000.00 per occasion as in item a).

d. The vendor is advised to take appropriate insurance policy for the effective implementation of the above penalty provision.

e. In case of accidents depending on the seriousness of injury etc. in addition to the

hospitalization / treatment charges and group insurance amount, compensation shall be paid by the vendor to the affected person / his family members in presence of Engineer-in-charge as per Workmen Compensation Act.

37. IOCL reserves the right to reject, accept or prefer any tender or to abort the bidding process without assigning any reason whatsoever.

37. Bidder to declare Whether any of the Directors of BIDDER is a relative of any Director

of IOCL or the BIDDER is a firm in which any Director of IOCL or his relative is a Partner or

the BIDDER is a private company in which any director of IOCL is a member or Director.”

CHIEF MATERIALS MANAGER Enclosures:-

(i) Technical Specs (ii) IOCL Agreed Terms and Conditions (iii) IOCL General Purchase Conditions (iv) BOQ

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PROFORMA FOR DETAILS OF PAST EXPERIENCE AS

PER PQC

Sr.

No.

Name & full

address of the

client and contact

person

Description of

Purchase Order

items (executed

order as per

PQC)

Value of

contract

(Rupees)

Purchase Order reference and

date

DECLARATION: I/WE do hereby certify that the information as furnished above is correct

and complete. Documentary evidences are enclosed.

PLACE: FULL NAME:

DATE: DESIGNATION:

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PROFORMA OF EXCEPTION AND DEVIATIONS

Bidder may stipulate here exceptions and deviations to General Purchase Conditions

and/ or Bidding Document, if considered unavoidable, separately for Technical and

Commercial clauses.

Sr. No.

Page no. of Bidding Document

Clause No.

Description of Clause Deviation Proposed By Bidder

Bidder should note that this Annexure has been included in the Bidding Document solely

for the convenience of the Bidder so as to facilitate them to list out the deviation/

exceptions both of Technical and Commercial nature from/to the Bidding Document.

IOCL will not recognize any deviations/ exception(s) which is not listed in this Annexure.

PLACE: FULL NAME:

DATE: DESIGNATION:

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DECLARATION OF ACCEPTANCE OF TENDER

SCOPE, SPECIFICATIONS, TERMS & CONDITIONS

[To be submitted by the bidder in the Un-Priced Bid (Technical Bid) duly signed &

stamped, otherwise the offer shall be liable for rejection]

All documents submitted in the bid have been digitally signed and uploaded as a token of

acceptance. The documents uploaded by the bidder shall be assumed to be accepted by the

bidder subject to deviations (if any) indicated in the prescribed “Deviation Sheet” of the tender.

The Deviations indicated anywhere else other than prescribed “Deviation Sheet” shall be

ignored by IOCL.

We declare that none of the documents have been tampered with. In case of tampering of

e-documents, the bid shall be rejected outright and EMD forfeited without prejudice to any

other rights or remedies available to IOCL.”

Sign & Stamp of the Bidder

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ANNEXURE-A

Tender Conditions for Benefits/Preference for Micro & Small Enterprises (MSEs) I. As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any of the following in order to avail the benefits/preference available vide Public Procurement Policy MSEs Order, 2012.

a. District Industries Centers (DIC)

b. Khadi and Village Industries Commission (KVIC)

c. Khadi and Village Industries Board

d. Coir Board

e. National Small Industries Corporation (NSIC)

f. Directorate of Handicraft and Handloom

g. Any other body specified by Ministry of MSME

II. MSEs participating in the tender must submit the certificate of registration with any one of the above agencies indicating the details of the particular tendered item along with their bid.

III. The registration certificate issued from any one of the above agencies must be valid as on close date of the tender. The successful bidder should ensure that the same is valid till the end of the contract period.

IV. The MSEs who have applied for registration or renewal of registration with any of the above agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are not eligible for exemption/preference.

V. The MSEs registered with above mentioned agencies/bodies are exempted from payment of Earnest Money Deposit(EMD).

VI. Purchase Preference – Subject to meeting terms and conditions stated in the tender document including but not limiting to prequalification criteria, twenty percent of the total quantity of the tender is earmarked for MSEs registered with above mentioned agencies/bodies for the tendered item. Where the tendered quantity can be split, MSEs quoting a price within a price band of L1 + 15 percent shall be allowed to supply up to 20 percent of total tendered quantity provided they match L1 price. In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered quantity provided their quoted price is within a price band of L1 + 15 percent and they match the L1 price. In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price, the supply may be shared proportionately.

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Contd.-2 -2-

VII. Out of the twenty percent target of annual procurement from micro and small enterprises four percent shall be earmarked for procurement from micro and small enterprises owned by Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the tender requirements and L1 price four percent sub-target so earmarked shall be met from other MSEs. VIII. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority must be submitted by the bidder in addition to certificate of registration with any one of the agencies mentioned in paragraph (I) above . The bidder shall be responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is defined as: a. In case of proprietary MSE, proprietor(s) shall be SC /ST

b. In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the enterprise.

c. In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

MSE bidders who are traders and registered under Services category, shall not be considered for any benefits under MSE policy for procurement of goods. Similarly, MSE vendors who are registered under Manufacturer category shall not be considered for any benefits under MSE policy for procurement of services. Also a bidder, who is a trader, cannot claim any benefit of purchase preference.

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Revised proforma of Declaration of Black Listing/Holiday Listing In the case of Proprietary concern:

I hereby declare that neither I in my personal name or in the name of my Proprietary concern

M/s.

which is submitting the accompanying

Bid/Tender nor any other concern in which I am proprietor nor any partnership firm in which I am

or was involved as a Managing Partner are currently placed on Black List or Holiday List declared

by Indian Oil Corporation Limited or its Administrative Ministry, except as indicated

Below:

(Give particulars of black listing or holiday listing and in absence thereof sate "NIL")

VENDOR TO FILL HERE

I, hereby do further declare that the following notice(s) have hitherto been issued against

proposed action for holiday/black listing and /or the following action for holiday listing/

black listing has hitherto been taken, as the case may be, by Indian Oil Corporation Ltd.

or its Administrative Ministry in my personal name or in the name of any proprietary

concern of mine or against any partnership firm of which I was or am the managing partner.

No. and Date of Show-cause Notice/ Period of Holiday Present status

Notice of Holiday/Black Listing Listing/Black Listing

VENDOR TO FILL HERE

(State 'None' if there is no such notice or action).

In the case of a Partnership Firm:

We, hereby declare that neither We, M/s. VENDOR TO FILL HERE

submitting the accompanying Bid/Tender nor any partner involved in the management of the said

firm either in his individual capacity or as proprietor of any concern or as partner of any firm

either in his individual capacity or as proprietor of any concern or as partner of any firm

in which he/she was a Managing Partner, are currently placed on Black List or Holiday List

declared by Indian Oil Corporation Limited or its Administrative Ministry, except as indicated

below:

(Give particulars of black listing or holiday listing and in absence thereof sate "NIL")

VENDOR TO FILL HERE

We, hereby do further declare that the following notice(s) have hitherto been issued against

proposed action for holiday/black listing and /or the following action for holiday listing/

black listing has hitherto been taken, as the case may be, by Indian Oil Corporation Ltd.

or its Administrative Ministry against the above firm or any partner involved in the

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Management of the firm in his individual capacity or as proprietor or any concern as

the Managing Partner of any firm.

No. and Date of Show-cause Notice/ Period of Holiday

Notice of Holiday/Black Listing Listing/Black Listing Present status

VENDOR TO FILL HERE

(State 'None' if there is no such notice or action).

In the case of Company:

We, hereby declare that we are not currently placed on any holiday list or black list

declared by Indian Oil Corporation Limited or its Administrative Ministry, except as indicated

below:

(Give particulars of black listing or holiday listing and in absence thereof sate "NIL")

VENDOR TO FILL HERE

We, M/s VENDOR TO FILL HERE hereby do further declare

that the following notice(s) have hitherto been issued

against proposed action for holiday/black listing and /or the following action for holiday listing/

black listing has hitherto been taken, as the case may be, by Indian Oil Corporation Ltd.

or its Administrative Ministry against the company

No. and Date of Show-cause Notice/ Period of Holiday

Notice of Holiday/Black Listing Listing/Black Listing Present status

(State 'None' if there is no such notice or action).

It is understood that if this declaration is found to be false in any particular, Indian Oil

Corporation Limited or its Administrative Ministry, shall have the right to reject my/our bid,

and if the bid has resulted in a contract, the contract is liable to be terminated.

Place

Date Name of Bidder