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BHARAT PETROLEUM CORPORATION LTD
CENTRAL PROCUREMENT ORGANISATION-REFINERIES
MUMBAI REFINERY, MAHUL
MUMBAI – 400074
TENDER FOR
DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM &
PALLADIUM AT BPCL -- MUMBAI REFINERY.
TENDER CRFQ NO. CPO(R)/DISP/03/2014-15
E-TENDER NO: - 19796
DUE DATES FOR SUBMISSION:
EXPRESSION OF INTEREST : 16th
February 2015- 14:00 hrs (IST)
SUBMISSION OF BIDS : 20th
March 2015- 14:00 hrs (IST) Tel No. 25524129/ 25533117, Fax No.91-22-25544082 Email: [email protected] / [email protected]
Page 2 of 37
DISPOSAL Tender No.: CPO(R)/DISP/03/2014-15
E-TENDER REFERENCE NO. 19796
Index
Sr.
No.
Description Annexure
1 Notice Inviting Tender
A
2 Tender Program Schedule
B
3 Instruction to Bidders C
4 Special Terms & Conditions D
5.
General Terms & Conditions
E
6 Technical Details of Spent Catalyst F
7 Format for Un-Priced Bid G
8 Calculation of Sale Price of Spent Catalyst H
9 Sampling Procedure. I
10 Deviation Format J
11 Format of Expression of Interest K
12 Acceptance-cum-Registration Form L
13 Integrity Pact Document M
14 Details of Price Bid submission N
Page 3 of 37
ANNEXURE -A
BHARAT PETROLEUM CORPORATION LTD
CENTRAL PROCUREMENT ORGANISATION (REFINERIES),
MAHUL, MUMBAI - 400 074.
PHONE: 91-22-2553 4129. FAX: 91-22-2554082
GLOBAL NOTICE INVITING TENDER
For DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM & PALLADIUM AT
BPCL-MUMBAI REFINERY
Bharat Petroleum Corporation Ltd., invites bids for the tender for Disposal of Spent Catalyst
containing Platinum & Palladium at BPCL-Mumbai Refinery from Lube Oil Base Stock (LOBS)
unit. Approximate quantity of 29134 Kgs is available for disposal.
Interested bidders shall submit the “Intention to Bid documents‘’ (hereinafter termed as
Expression Of Interest- EOI) as per requirements of tender. The sieving activities have been
completed. Bidders who submit the “-intention to bid documents -EOI” as per requirements
mentioned in the attached tender will be invited to attend the sampling activities of the spent
catalyst at BPCL Mumbai Refinery. Post Sampling and analysis, participating bidders shall
submit their techno-Commercial bids (un priced bids) as well as priced bids, as per
requirements mentioned in the attached tender.
Bids are to be downloaded and submitted in the online bidding platform on BPCL’s e-
tendering portal: https://bpcl.eproc.in.
The tender documents can also be downloaded (for reference purpose) from BPCL’s website:
www.bharatpetroleum.in→ Energizing Business→ Tenders → CPO (Refineries) or from
Central Procurement Portal - http://eprocure.gov.in/cppp
DUE DATES FOR SUBMISSION:
EXPRESSION OF INTEREST : 16th
February 2015- 14:00 hrs (IST)
SUBMISSION OF BIDS : 20th
March 2015 - 14:00 hrs (IST)
For any clarifications, please contact: 022-25533117; 022-25524129
Important: All updates, amendments, corrigenda, due date extensions etc, (if any) will be
posted on the above websites as and when required. There will not be any publication of the
same through newspapers or any other media.
Page 4 of 37
ANNEXURE – B
TENDER PROGRAMME SCHEDULE
Last Date for submission of Expression of
Interest :
16th
February 2015- 14:00 hrs (IST)
Date & time of opening of Expression of
Interest on e-platform:
16th
February 2015 - 14:30 hrs (IST)
Date & time for sampling & packing, in the
presence of participating bidders:
23rd
February 2015 09:30 Hrs IST to
27th
February 2015 15:30 Hrs IST, At
BPCL MUMBAI Refinery.
(Tentative Schedule)
Last Date for submission of Techno-
commercial Bid (unpriced bid) and Price bid
through e- platform.
20th
March 2015 -- 14:00 Hrs IST
Date & time of opening of Techno-
commercial bid (un-priced bid) on e-
platform:
20th
March 2015 -- 14:30 Hrs IST
Date & time of opening of price bids on e-
platform
Confirmed date & Time will be
communicated to technically qualified
bidders.
Contact details for any Queries/ correspondence:
Mr. H.P. PANCHAL, Manager (CPO-Refineries) – Ph: No. 91- 22-25524129;
E-mail: [email protected]
Mr. S. SKANDA PRASAD, Senior Manager (CPO-Refineries) – Ph: No. 91- 22-25533117;
E-mail: [email protected]
Page 5 of 37
ANNEXURE – C
1. INSTRUCTION TO BIDDERS:
1.1. BPCL intends to dispose off 29134 Kgs (estimated quantity) of spent catalyst containing
Platinum & Palladium from LOBS Unit (R-205) - Mumbai Refinery (MR) .
1.2. The sieving activities have been completed. Actual quantity of spent catalyst and estimated
platinum & Palladium content therein will be ascertained after carrying out sampling
activities as per procedure mentioned elsewhere in this tender document. For technical
details of spent catalyst under disposal, please refer enclosed Ann. - F.
1.3. The disposal would be through competitive bidding. The party interested in bidding shall
submit their bids mentioning the recoverable metal content, premium/discount towards
metal price volatility and/or processing charges etc. in the prescribed format as mentioned
elsewhere in the tender document. The bidder with highest evaluated price would be
successful bidder.
Foreign bidders shall submit their offers either in USD or in EURO, which will be converted
to Indian rupees, for the purpose of evaluation by BPCL.
1.4. Indian Bidders:- Bidders should have valid license/ permission/ certificate issued by Central/
State Pollution Control Board (CPCB/ SPCB)/ other statutory authorities for re-cycling/
reprocessing/ handling this type of hazardous waste. The bidder should have capacity to
process entire lot from BPCL.
1.5. Foreign Bidders:- Bidders should have valid permission/ certificate/ license from
appropriate statutory authorities in their country, for importing, re-cycling/ reprocessing/
handling this type of hazardous waste. The bidder should have capacity to process entire lot
from BPCL. Also, foreign bidders shall give an undertaking that they will comply with all
formalities as required under the hazardous waste management /environment regulations
of Government of India before lifting of materials.
1.6. Interested bidders are required to submit their Expression of Interest (in format Annexure K)
along with Copy of valid license/ permission/ certificate and sample deposit amount of Rs.
1,00,000/- (Rupees One Lakh Only) by Demand Draft/ Pay Order (Cheque or Cash will not be
acceptable) drawn on any Nationalised Indian Bank in favour of Bharat Petroleum
Corporation Limited payable at Mumbai. Foreign Bidders, if interested, may submit the
demand draft drawn on any foreign bank, approved by Reserve Bank of India (RBI) for an
amount of USD 1650 (US Dollars One Thousand Six Hundred and Fifty only) or EURO 1450
(EURO One Thousand Four Hundred and Fifty only). The EOI along with sample deposit
should be submitted in a sealed envelope by post /courier/ in person to The Dy. General
Manager, CPO-Refineries, Bharat Petroleum Corporation. Ltd., Mumbai Refinery, Mahul,
Mumbai – 400 074, Maharashtra State, India, so as to reach on or before the EOI due date.
Page 6 of 37
1.7. Sample deposit can be paid also through electronic funds transfer to BPCL Bank Account
proof of which may be enclosed with the Intention to Bid submitted to the above address:
BPCL Bank details are as under:
Bidders may kindly note that Standard Chartered bank debits BPCL towards charges for
collection of amounts remitted from abroad. These charges are to be borne by bidders. As
such, during final settlement of the advance amount remitted by the bidder, there may be
some deductions towards the collection charges if any debited by Bank.
1.8. Bidders are required to sign a Non-Analysis Agreement (NAA) with the original catalyst
supplier (M/s. Chevron Lummus Global (CLG)) as per the prescribed format, before lifting
the material.
1.9. Bidders, who have submitted their Expression of Interest, and sample deposit amount as
mentioned above, will be invited to participate in sampling activities of the spent catalyst
under disposal at BPCL Mumbai Refinery. Bidders can witness sampling and packing
activities and also take samples of the spent Catalyst for the purpose of quoting. Sampling
will be carried out as per detailed procedure mentioned in Annexure I. The spent catalyst lot
has already been sieved with different mesh sizes (as explained in the sampling procedure)
and segregated in to 3 Lots i.e. LOT-1 (Grain-Greenish), LOT-2 (Grain-Blackish) and LOT-3
(Fines). Sampling activities, packing and sealing of drums will be carried out in the presence
of the participating bidders. Final quantities in packed & sealed drums would be recorded
separately for all the lots.
1.10. After checking of the sample drawn, the bidders are required to submit their bids in two
parts i.e. Techno- Commercial (un-priced) bid and Price bid (in e-platform) on or before the
bid due date as mentioned above. Bids cannot be submitted in e-platform after the said bid
due date.
Price bid opening date will be communicated to techno-commercially qualified bidders.
1 Name of the Beneficiary : Bharat Petroleum Corporation Ltd
2 Name of the Bank : Standard Chartered Bank
3 Branch Code : 222
4 Branch Address : 90, M G. Road
Mumbai 4000 001
5 Branch Telephone : 18002663666/18001033666
Fax no : 022-267588081/26758822
6 NEFT IFSC Code : SCBL0036001
7 Account Type : 11 (Current )
8 Account No. : 22205020115
9 RTGS IFSC Code : -
10 MICR Code : 400036002
Email id : [email protected]
Page 7 of 37
1.11. Bidders are expected to submit their bids accepting all the terms & conditions set forth in
this tender document. Deviations, if any, shall be clearly mentioned in the format in
Annexure J. of this tender document. Deviation if mentioned anywhere else may not be
considered. In case of no deviation, Annexure J may be submitted with NIL deviation.
1.12. Earnest Money Deposit (EMD):
1.12.1. Interested bidders are required to submit their offer along with an EMD of Rs. 2,50,000/-
(Rupees Two Lakhs Fifty Thousand only) by demand draft / Pay Order (Cheque or Cash
will not be acceptable) drawn on any Nationalised Indian Bank in favour of Bharat
Petroleum Corporation Limited payable at Mumbai. Foreign Bidders may submit the EMD
by Demand Draft drawn on any foreign bank, approved by Reserve Bank of India (RBI) for
an amount of USD 4100 (US Dollars Four Thousand One Hundred only) or EURO 3600
(EURO Three Thousand Six Hundred only). Demand Draft to be submitted in a sealed
envelope, by post/ courier/ in person to The Dy. General Manager, CPO-Refineries,
Bharat Petroleum Corporation. Ltd., Mumbai Refinery, Mahul, Mumbai – 400 074,
Maharashtra State, India, so as to reach on or before the bid due date.
1.12.2. EMD can be paid also through electronic funds transfer to BPCL Bank Account details of
which are mentioned in relevant clauses above, on or before bid due date.
1.12.3. EMD will not carry any interest. BPCL will encash all the EMD received and EMD of
successful bidder (highest bidder) shall be returned after completion of upliftment. EMD
of other unsuccessful bidders will be returned after release of sale order to the successful
bidder.
1.12.4. Bids without EMD will not be considered and will be rejected summarily.
1.12.5. Techno- Commercial bid, i.e., Un-priced Bid shall have the following information/ details :
a. Proof of submission of EMD – Scanned copy of Demand Draft / Copy of Bank
Transfer confirmation to be uploaded in E-procurement platform.
b. Acceptance –cum-Registration Form (Annexure -L) duly filled in
c. For Indian Bidders:- Duly attested copies of valid license/ permission/ certificates
issued by Central/ State Pollution Control Board (CPCB/ SPCB)/ other statutory
authorities for re-cycling/ reprocessing/ handling this type of hazardous waste.
d. For Foreign Bidders:- Duly certified Copies of valid permission/ certificate/ license
from appropriate statutory authorities in their country, for importing, re-cycling/
reprocessing/ handling this type of hazardous waste. Foreign bidders shall give an
undertaking that they will comply with all formalities as required under the
hazardous waste management /environment regulations of Government of India
before lifting of materials.
e. Annexure G (Un-priced bid) with prices Blanked off, but after filling up the
information relating to estimated Platinum and Palladium Contents in % as also
Page 8 of 37
estimated Platinum and Palladium Recovery Factors in % AND Ex. Duty, VAT/ CST
& TCS applicability as required therein.
f. Any other relevant information.
g. Annexure C, D and E (Instruction to Bidders, Special Terms & Conditions and
General Terms & Conditions) of this tender document, duly signed and stamped
on all pages, as a token of acceptance of terms & conditions mentioned therein.
h. Deviation Form in Annexure J duly filled and signed.
i. Integrity Pact Document (Annexure-M), duly signed and stamped.
j. Non-Analysis Agreement Format, duly filled, signed and stamped.
1.12.6. Techno-commercial Bids (unpriced bids) consisting of the documents/ information as
mentioned under clause 1.9 above is to be submitted by uploading through BPCL’s e-
tendering portal: https://bpcl.eproc.in.
For submission of bid through e-portal, bidder will need a digital signature and
should register in the e-portal. For any assistance in obtaining digital signature,
registration and submission of Bid documents through e-portal, bidders may
contact our e-tendering service provider viz. M/s C1 India Limited, whose
contact details are as under:
Help Desk e-mail: [email protected]
Contact Person: Mr. Fairlin Jivin. Email: [email protected] ;
Tel: +91-022-66865600 / 66865609
1.12.7. Evaluation of quotes shall be based on the total basic price for the total quantity of Spent
Catalyst – 2 lots of Grains & Spent Catalyst -Fines, as detailed in Annexure D.
1.12.8. PRICE BID SUBMISSION:- Following data shall be filled in our e-procurement portal:
• Currency
• Fixed Premium / Discount towards Platinum and Palladium, Indicate Plus (+) or Minus (-) as
the case may be for 2 lots of GRAINS
• Fixed Premium / Discount towards Platinum and Palladium, Indicate Plus (+) or Minus (-) as
the case may be for FINES.
• Fixed Premium / Discount in quoted currency per Kg of Spent Catalyst for 2 lots of GRAINS
• Fixed Premium / Discount in quoted currency per Kg of Spent Catalyst for FINES
Page 9 of 37
ANNEXURE – D
1. SPECIAL TERMS & CONDITIONS :
1.1. Price:
1.1.1. Your bid should be for the Basic price, for delivery ex-BPCL, Mumbai Refinery. Quote
shall remain firm for 45 days after price bid opening date, for acceptance & placement
of sale order by BPCL.
1.1.2. Excise Duty, taxes and other Govt. Levies as applicable on the date of delivery shall be
payable by the buyer, in addition to the basic sale price. Buyer will have to pay
variations also if any, in applicable government levies, till complete up liftment and
final settlement.
1.1.3. Bid price consists of amount towards recoverable Platinum content and Palladium
content, per KG of the spent catalyst, as per bidder’s estimation. Platinum &
Palladium Price would be based on the ruling Platinum and Palladium Prices in London
Platinum Palladium Market – LPPM (as defined in 1.1.6 ) plus premium/ discount as
quoted by the bidder.
1.1.4. BID SUBMISSION PRICE & EVALUATION:
1.1.4.1. Bidders will be required to quote for the following after final quantities (after
sampling and packing) separately for Spent Catalyst (Grains) and Spent Catalyst (Fines)
in Techno commercial (Un-priced Bid).
Sr.
No.
Spent catalyst from
LOBS R-205.
Sieved, sampled, weighed
& packed
PLATINUM PALLADIUM
Content in
Grams per Kg of
spent catalyst
as per bidder’s
analysis
Expected
Recovery % as
per bidder’s
analysis
Content in
Grams per Kg
of spent
catalyst as per
bidder’s
analysis
Expected
Recovery % as
per bidder’s
analysis
(1) (2) (3) (4) (5)
1 LOT-1 (Grains-Greenish) Bidder to quote Bidder to
quote
Bidder to
quote Bidder to quote
2 LOT-2 (Grains-Blackish) Bidder to quote Bidder to
quote
Bidder to
quote Bidder to quote
3 LOT-3 (Fines) Bidder to quote Bidder to
quote
Bidder to
quote Bidder to quote
Page 10 of 37
1.12.9. Bidders will be required to fill the PRICE BID in our e-procurement portal as per
following details.
Currency: Bidder to quote
Sr.
No.
Spent catalyst from
LOBS R-205.
Sieved, sampled, weighed &
packed
Fixed Premium / Discount per KG of Spent Catalyst
Indicate
Plus (+) or Minus (-)
as the case may be
Fixed Premium / Discount
AMOUNT in Quoted Currency per
Kg of Spent Catalyst
(1) (2) (3)
1 LOT-1 (Grains-Greenish) Bidder to quote Bidder to quote
2 LOT-2 (Grains-Blackish) Bidder to quote Bidder to quote
3 LOT-3 (Fines) Bidder to quote Bidder to quote
1.1.5. EVALUATION
Evaluation of Bids shall be done as under :
Bid submission Price =
(Spent Catalyst sale price per kg of Lot-1 Grains-Greenish x Net Wt – Lot-1 Grains-Greenish in Kgs)
+ (Spent Catalyst sale price per kg of Lot-2 Grains-Blackish x Net Wt – Lot-2 Grains-Blackish in Kgs)
+ (Spent Catalyst sale price per kg of Lot-3-Fines x Net Wt – Lot-3 Fines in Kgs)
Where in:
Spent Catalyst evaluation price per Kg for each lot will be calculated as below :
(Platinum rate per Gram x Platinum Content in Grams per Kg of Spent Catalyst x Expected
Recovery %) + (Palladium rate per Gram x Palladium Content in Grams per Kg of Spent Catalyst x
Expected Recovery %) +/- Fixed Premium or Discount per Kg of Spent Catalyst.
Average of LPPM Fix Platinum and Palladium price per gram for the previous seven days ending
one day prior to the price bid opening date. (Seven days shall mean consecutive seven days for
which LPPM prices are available). LPPM Platinum and Palladium price in USD per Troy Ounce
(EURO/ Troy ounce for bidders choosing to quote in EURO) would be converted to rate per Gram
using conversion factor of I Troy Ounce = 31.1035 grams. For comparative evaluation USD/ EURO
would be converted to INR using USD-INR / EURO-INR exchange rate prevalent at the time of
price bid opening, which would be considered as the rate published by SBI (TT selling rate),
applicable for one day prior to Price bid opening date.
Platinum and Palladium Content in Grams per Kg of spent catalyst, expected Recovery %, Fixed
Premium or Discount as the case may be, per Kg. of Spent Catalyst will be taken from bidders’
quotation. Foreign bidders are required to quote in USD or EURO.
Evaluated price per kg of each lot will be calculated separately
Page 11 of 37
1.1.6. CALCULATION OF SALE PRICE OF SPENT CATALYST
Sale order Price will be calculated by adjusting the Bid Submission Price of the successful bidder to
the Platinum price prevalent at the time of issuing of sale order (average of 7 days’ LPPM Platinum
and Palladium prices ending one day prior to the sale order date would be considered for
this). The offer is to be valid for placing of sale order within a maximum of 45 days from the date
of opening the priced bid.
8 days prior intimation shall be given before placing the sale order; the said 8 days shall be
considered as 8 consecutive working days for which LPPM prices are available, prior to the release
of sale order. This would be subject to the overall time limit of 45 days (from price bid opening
date).
All bidders are requested to refer Annexure – H for further details.
NOTES :
1. For calculating Average of LPPM Platinum Price, the daily LPPM Platinum Fix Price as published
in LPPM website (www.lppm.com) would be considered.
2. For calculating Average of LPPM Palladium Price, the daily LPPM Palladium Fix Price as
published in LPPM website (www.lppm.com) would be considered.
3. Sale Price per KG of spent catalyst as above shall be calculated separately for Spent Catalyst
Lot-1 (Grain-Greenish), Lot-2 (Grain-Blackish) and Lot-3 (Fines).
4. One day’s price would be the average of AM and PM Fix prices published for that day; in case
only AM or PM prices are published for a day, that published price would be taken as that
days’ price.
5. Published LPPM Platinum and Palladium price would be considered in USD/ EURO per Troy
Ounce and would be converted to USD/ EURO per Gram using conversion factor of I Troy
Ounce = 31.1035 grams.
6. Price bid should be valid for placement of sale order within 45 days of price bid opening date.
7. LPPM rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the
USD-INR exchange rate published by State Bank of India (SBI- TT selling rate).
8. Bidder with the highest Total Bid Submission Price as calculated above would be the successful
bidder.
1.1.7. Payment Terms & Material Lifting Time:
1.1.7.1. BPCL will issue a Sale Order to the successful Bidder and bidder shall make full payment
including taxes & duties, for the total quantity, in advance, before upliftment of the
material. Payment shall be made within 15 days after issue of Sale Order. Payment to be
made by demand draft OR electronic transfer. Cash/ Cheque will not be accepted.
1.1.7.2. Material Lifting Time for Indian Bidders:-
Material shall be lifted out of our Refinery premises within 7 days of effecting payment.
Page 12 of 37
1.1.7.3. Material Lifting Time for Foreign Bidders:-
Immediately on receipt of intimation, bidder shall initiate actions for obtaining clearances
from concerned authorities in India. All clearances/ formalities in this regard are to be
completed within 60 days of issue of sale order. Necessary coordination with various
authorities is in the scope of successful bidder(s). BPCL will provide/ sign necessary
documents to facilitate export of the lot as per rules. However, it may be noted that BPCL
will not be responsible for non-compliance/ completion of any such formalities and
consequences, if any, thereof. Material shall be lifted out of our Refinery premises within
60 days of effecting payment.
1.1.8. Bidder shall pay the full sale order value within 15 days after issue of Sale Order failing
which action as under will be taken without any recourse:
a) Buyer’s EMD will stand forfeited.
b) The Sale letter will be treated as cancelled and BPCL shall have right to dispose off the
materials. No claim whatsoever from the buyer shall be entertained, in such a case.
c) The buyer shall be black listed and debarred from participation in our future disposal
processes.
Note : 1) EMD payment will not be adjusted against the Sale value. EMD of successful bidder
will be returned only after the completion of the disposal activity & submission of No
Claim Certificate.
1.1.9. Buyer will not have choice to select the materials, and has to uplift the materials from BPCL
Mumbai Refinery, within 7 days (Indian bidders) / 60 days (Foreign bidders) of making full
payment, failing which BPCL is at liberty to dispose off the un-lifted material any time after
the 7 or 60 days (Indian or Foreign, as the case may be) are over. In addition, 100% payment
and the EMD collected from the buyer will stand forfeited.
1.1.10. For both the successful bidder and the unsuccessful bidders, Sample Deposit amount of
Rs.1,00,000/- (Rupees One Lac Only) deposited by them would be adjusted against the
sample issued to them @ Rs. 7500/- (Rupees Seven Thousand and Five Hundred only) per Kg
of samples. Minimum Quantity of sample is 1 Kg and increments of 1 Kg, with a maximum of
5 Kgs. [Applicable for both -- Spent Catalyst - Grains and Spent Catalyst - Fines],” and balance
would be refunded by BPCL. In the case of foreign bidders, who have paid the sample deposit
in foreign currency, the rate per Kg will be @ USD 125 (US Dollar One Hundred and Twenty
Five only) or EURO 110 (EURO One Hundred and Ten only), as the case may be.
Page 13 of 37
1.1.11. Used Catalyst Management:
1.1.11.1. Bidder will take suitable steps for arranging spent catalyst utilisation at his works
which may include necessary processing, metal removal & residual catalyst
disposal in accordance with environmental norms.
1.1.11.2. Legislation :
All the applicable rules and regulations stipulated by Ministry of Environment and
Forests (MOE&F) under Govt. of India, Central and State (Maharashtra) Pollution
control boards and any statutory bodies must be complied by the Bidder.
1.1.11.3. Clearances to be obtained by foreign bidder
BPCL will make the spent catalyst available at our Refineries at Mumbai, in sealed
export worthy drums. Bidders shall arrange for export of the consignment to their
locations situated outside India.
The responsibility of getting the necessary approvals/ documentation for Road/
Sea Transport (as applicable) of used catalyst within and outside India rests with
the bidder. It shall be solely bidder’s responsibility for arranging the necessary
documentation such as Ministry of Environment and Forests (MOE&F) clearance/
No Objection Certificate (NOC) from Central or State Pollution Control Boards and
any other approvals from other applicable Statutory Authorities for transportation
of used catalyst within and outside India. Approvals/ applications required for
Customs Clearance/ other statutory bodies, wherever required shall also be
obtained by bidders.
Material is sold on As Is Where Is Basis. All expenses in getting clearances from the
authorities -- Government of India, State Governments of Maharashtra/
Governments in the bidders’ country of origin shall be borne by bidder. All the
legal and other formalities including Hazardous Wastes (Management, Handling
and Transboundary Movement) Rules 2008 of Ministry of Environment and
Forests, Government of India for transportation shall be arranged for and
complied by the bidder. All expenses such as freight, incidental charges, transit
insurance, taxes etc., are also to be borne by bidder.
Page 14 of 37
1.1.11.4. Documentation for Transportation:
The responsibility of getting the necessary approvals/ documentation for Road/
Sea Transport (as applicable) of used catalyst within and outside India rests with
the bidder. It shall be solely bidder’s responsibility for arranging the necessary
documentation such as MOE&F clearance/ NOC from CPCB/ MPCB and any other
approvals from other applicable Statutory Authorities for transportation of used
catalyst within and outside India. This includes the approvals/applications
required for Customs Clearance / other statutory bodies as well, wherever
required.
1.1.11.5. The successful Bidder shall issue a Certificate of Release of Responsibility to BPCL
after the spent catalyst is shifted outside the premises of BPCL - Mumbai Refinery.
While BPCL - Mumbai Refinery will help in arranging the documentation related to
Road Transport of Spent catalyst, the responsibility for handling the spent catalyst
outside the premises of BPCL - Mumbai Refinery shall lie solely with the successful
Bidder.
Page 15 of 37
ANNEXURE - E
1. GENERAL TERMS & CONDITIONS :
1.1. The terms Buyer(s)/ Contractor(s) appearing anywhere in this tender document refers to the
successful bidder on whom sale order is placed by BPCL for the subject material.
1.2. Sale is on “AS IS WHERE IS BASIS, CLEAN SWEEP BASIS AND NO COMPLAINT BASIS”. No
complaint regarding quality, quantity, or composition of the material will be entertained.
1.3. The quantity indicated in this tender is only an approximate estimated quantity No additional
/ extra claims on account of variation in quantity will be entertained.
1.4. The Bidders cannot retract from their offers. If done so, the EMD will be forfeited & buyer
will be debarred from participating in our future tenders. Any taxes, duties, etc. payable by
the successful Bidder outside India shall have to be borne by the successful Bidder only.
1.5. BPCL reserves the right to withdraw wholly or partially any or all the items set for sale at any
time during the period of contract without assigning any reasons.
1.6. Rights of participation will be for bidders, who, after inspecting the material, pre-qualify
themselves by paying the EMD and whom BPCL has not previously blacklisted. Final decision
regarding participation of the bidder will be with BPCL.
1.7. Sale confirmation, Sale Order, Invoices, Delivery Challans, etc. will be released only in the
name of the Company that has initially registered and participated in the tender. There will
not be any changes between the registration and completion of transaction.
1.8. Successful bidder should make all arrangements for further packing, if required, for uplifting
and transportation. In case of foreign bidders all necessary export arrangements and
formalities have to be arranged by the bidder BPCL will provide only necessary
documentation assistance as required.
1.9. The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes and/ or labour at
their own expenses. While inspecting of material and at the time of lifting of material, ALL
SAFETY RULES OF THE COMPANY HAVE TO BE FOLLOWED STRICTLY. The buyer also confirms
to have read all the general rules as laid by BPCL, with regard to employment of labour for
the removal of scrap material.
1.10. While taking delivery of the material, if any damage is done to the premises or other
machinery lying nearby, the Company shall recover all such costs required to rectify the
damage and bring the material back into the original position and stop delivery of the
material till all the costs are paid.
1.11. The decision of BPCL is final and binding in all matters related to this sale.
1.12. Material lifting shall be as per the guidelines of BPCL only. Buyer shall have no rights to
choose / pick the material from the total lot.
1.13. Partial lifting shall result in forfeiture of EMD and Sale Value paid in advance. The lifting
should be completed within due time frame agreed. Failure to abide by the agreed terms
and conditions of the tender and shall result into forfeiture of EMD and BPCL will be at their
liberty to sell the subject lot to any third party and debit the differential amount to Buyer’s
account.
1.14. No advantage shall be taken either by the company of the bidder who has been awarded the
contract/sale order (herein after referred to as the “Contractor”) of any clerical error or
Page 16 of 37
mistake, which may occur in the specification, schedule of rates, plans tender or any other
papers supplied to or by the contractor in connection with the work.
1.15. Inspection of Site :
The bidder has been given an opportunity before or at the time of the entrusting of the work
to him, of making an inspection of the site to set at rest any doubts he may have had about
the difficulties attending his offer, and any difficulties which may be met with by him in the
course of the execution of the work shall neither relieve him from fulfilling the terms of this
contract/Agreement, nor entitle him to claim extra payment or an extension of the period by
the Company’s authorized Engineer-in-Charge that such difficulties could not have been
foreseen.
1.16. Once the sale order is issued, permission to the successful Bidder to inspect the material
under disposal again prior to upliftment shall not be granted to the successful Bidder unless
the payment as per Sale order Terms & conditions is paid by the successful Bidder.
1.17. Subletting Agreement :
The contractor shall not sublet or assign the work or any part thereof to another party
without the written consent of the company first obtained and no such subletting or
assignment shall relieve the contractor from the full and entire responsibility of his obligation
under this Agreement.
1.18. Removal of Materials:
1.18.1. It will be the responsibility of successful buyer to weigh the empty truck at the
weighbridge and produce the necessary weigh certificate so that the weight of the
empty truck will be deducted from the weight of the fully loaded truck.
1.18.2. In order to facilitate the Company to complete the transaction before 3.30 P.M. The
goods should be collected before 3.00 P.M. on any working day with prior
appointment with the concerned Department within the stipulated delivery days.
1.18.3. Material must be removed by the buyer before stipulated time. Once the goods /
materials are taken out of the factory gate, buyer will be solely responsible for all
sort of claims like shortage, missing parts, damage, incident, accident, loss of
material etc.
1.18.4. Once uplifted material left BPCL gate, BPCL should be indemnified with all kinds of
external effect, whatsoever may be.
1.18.5. Should the original buyer wish to take delivery of the material through a
representative, he must authorize the latter by a letter of authority or continuing
authority, which shall be presented to the officer concerned. The officer concerned
may in his entire discretion, decline to act on any such authority and it shall be for
the buyer to satisfy the officer concerned that the authority is genuine. Delivery to
such person shall be sole responsibility of the buyer and no claim shall lie against
the Company on any account whatsoever, if delivery is offered to a wrong person.
Page 17 of 37
1.18.6. All workmen employed by the buyer has to use personal protective equipments like
hand gloves, safety shoes, & helmets etc., while loading and unloading of the
material. Buyer has to make arrangement for these equipments before entering the
Refinery.
1.18.7. Workers entering the Refinery premises for uplifting the material will be required to
fill up personal particular form and complete other formalities as directed by the
office of the Asst. Commandant, CISF and/or any other concerned Govt. authorities.
1.18.8. The buyer has to ensure that his/their workers are covered under ESI/PF & submit
the proof to our IR department without which we will not be able to allow them
inside the Refinery.
1.18.9. Quantity is subject to the availability of material and BPCL’s ability to sell the same.
The material will be allotted to the buyer for uplifting strictly on “as is and where is
and clean sweep basis”. It is to be stated that the quantity mentioned above is only
indicative and there is no commitment whatsoever by us. BPCL does not and
cannot guarantee any specific quality of the material available for sale. The material
is to be lifted from site strictly on “as is where is & clean sweep” basis in its entirety
irrespective of the quantity allotted.
1.18.10. Only representative of the buyer authorized by the Company will be allowed for the
loading / handling of the material. However if the need arises for additional person,
the same may be allowed only at the discretion of the BPCL Management.
1.18.11. BPCL will in no way be responsible for any accident, damage or injury to the
contract’s workman or equipment while on site / premises. No claims for damages
occurred due to accidents at the time of inspection or at the time of Material lifting
for men as well as Machineries will be entertained.
1.18.12. Inspection must be done with prior appointment only.
1.18.13. Delivery of the material to be taken within the period given in our sale letter.
Roaming in the premises of the company, without permission, is strictly prohibited.
1.18.14. BPCL will allow only successful bidder to uplift the materials from the refinery
premises. No delivery would be effected by the Company to any person other than
the Buyer whose name is mentioned in the delivery order.. Under any
circumstances, BPCL will not permit the successful bidder to negotiate or sell the
materials in any lot or part of a lot to any other party while the goods are still lying
within the premises of the Company from inside the refinery premises.
1.18.15. The following also to be taken note of in this connection :
a) Lift & load all materials on trailer / truck using your own lifting equipments,
cranes and tools & tackles. All cranes, lifting equipment tools & tackles shall
have latest load testing certificates.
b) Clear the areas of all debris and waste materials on day-to-day basis and after
completion of all works.
c) No segregation of material will be allowed inside the refinery. Buyer shall lift the
material on “as is where is ” condition.
d) All scrap and associated material / debris shall be taken out by the buyer
outside the Refinery without giving rise to any complaints from municipal and
other local authorities. Buyer shall keep BPCL indemnified from and against any
such complaints.
Page 18 of 37
1.19. Termination of Contract:
The Company reserves the right to terminate the contract at any time by giving three days
notice on any of the following grounds:
a. Unsatisfactory execution or performance of the contract by the Buyer.
b. Improper behavior of the Buyer or breach of the terms and conditions of the contract.
c. Delay in more than 15 days in picking up of the deliveries of the material, after the
sale order has been accepted.
d. Misbehavior with any of the staff of BPCL.
e. Picking up any materials, which is not sold to them and found in their truck or Vehicle.
1.20. Workmen’s Compensation Liability
The contractor shall hold BPCL harmless and indemnified from and against all Claims, costs
and charges for which the company shall be liable under the Workman’s Compensation Act,
1923 and any amendments thereof and the expenses to which it shall put there under, both in
respect of personal injuries (within the meaning of the said Act) to be employees and servants
of the Contractor or Sub-Contractors, (if any), out of or occasioned during the currency of
contractor, sub-contractors and/or the company and/or their respective servants and
employees and also respect of the personal injuries (within the meaning of the said Act) to the
servants and employees of the company arising out of, or occasioned through the acts and
omissions whether due to negligence or not of the contractor, sub-contractor and or their
servants and employees in carrying out any of the provisions of this agreement. This
indemnity shall be in addition to and not in lieu of any indemnity to which the company shall
be entitled in law. The Contractor shall at his own expense effect and maintain, until the
completion of the work, with an approved office a Policy of Insurance in the joint names of the
company and the contractor against such risks and deposit such Policy or policies with the
company from the time to time during the currency of this agreement. The contractor shall be
responsible for anything not included in the Insurance Policies above referred to also for all
other damage to person or property, arising out of or incidental to the negligent or defective
carrying out of this agreement and shall keep the company harmless and indemnified.
1.21. Safety Regulation:
The contractor shall ensure that he, his sub- contractor and his, or their personnel or
representative shall comply with all safety regulations issued from time to time by the
Company or otherwise howsoever and should any injury resulting in death or not or damage
to any property occur as result of failure to comply with such regulations the Contractor shall
be held responsible for the consequences thereof shall keep the Company harmless and
indemnified.
Page 19 of 37
1.22. Jurisdiction
This agreement shall be deemed to have been made in Mumbai and shall be construed
according to the laws of India and the performance by the contractor of any contract on his
part therein contained shall be considered due in Mumbai for the purpose of jurisdiction
1.23. Arbitration :
1.23.1. Any dispute or difference of any nature whatsoever any claim, cross-claim, counter- claim or
set off of the Corporation against the tenderer or regarding any right, liability, act, omission
or account of any of the parties hereto arising out of or in relation to this agreement shall be
referred to the sole arbitration of the Executive Director MUMBAI Refinery of the
Corporation or some officer of the Corporation who may be nominated by the Executive
Director (MUMBAI Refinery).
1.23.2. The tenderer will not be entitled to raise any objection to any such Arbitrator on the ground
that the Arbitrator is an officer of the Corporation or that he has dealt with the matters to
which the contract relates or that in the course of his duties as an officer of Corporation he
had expressed views on all or any matters in dispute or difference.
1.23.3. In the event of the Arbitrator to whom the matter is originally referred, vacating his Office or
being unable or refusing to act for any reason the Executive Director (MUMBAI Refinery) at
the time of vacation of office or inability or refusal to act shall designate another person to
act as an Arbitrator in accordance with the terms of the said Agreement. The Arbitrator
newly appointed shall be entitled to proceed with the reference from point at which it was
left by his predecessor.
1.23.4. The award shall be made in writing and published by the Arbitrator within two years after
entering upon the reference or within such extended time not exceeding further twelve
months as the Sole Arbitrator shall, in writing under his own hands, appoint.
1.23.5. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator
to make and publish the award within the period referred to hereinabove and shall not be
entitled to raise any objection or protest thereto under any circumstances whatsoever.
1.23.6. The parties against whom the arbitration proceedings have been initiated, that is to say, the
respondents in the proceeding, shall be entitled to prefer a cross- claim , counter-claim or set
off before the Arbitrator in respect of any matter an issue arising out of or in relation to the
agreement without seeking a formal reference of arbitration to the Executive Director
(MUMBAI Refinery) for such counter-claim, Cross-claim or set off and the Arbitrator shall be
entitled to consider and deal with the same as if the matters arising there from has been
referred to him originally and deemed to form part of the reference made by the Executive
Director (MUMBAI Refinery).
1.23.7. The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to
entertain any application or other proceedings in respect of anything arising under this
agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in
the concerned courts in the city of Mumbai only.
Page 20 of 37
1.24. INTEGRITY PACT (IP)
1.24.1. All bidders who are submitting their offer against this tender issued by BPCL, CPO-Refineries
are required to sign the BPCL Integrity Pact Document. The Proforma of Integrity Pact (IP)-
Annexure M shall be returned by the Bidder/s along with the bid documents (technical bid in
case of 2 part bids), duly signed by the same signatory who is authorised to sign the bid
documents. All the pages of the Integrity Pact shall be duly signed. Bidder's failure to return
the IP duly signed along with bid documents shall result in the bid not being considered for
further evaluation.
1.24.2. If the Bidder has been disqualified from the tender process prior to the award of the contract
in accordance with the provisions of the IP, BPCL shall be entitled to demand and recovered
from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions
of IP.
1.24.3. If the contract has been terminated according to the provisions of the IP, or if BPCL is entitled
to terminate the contract according to the provisions of the IP, BPCL shall be entitled to
demand and recovered from Contractor Liquidated Damages amount by forfeiting the
Security Deposit/Performance Bank Guarantee as per provisions of the IP.
1.24.4. Bidders may raise disputes/complaints, if any, with the nominated Independent External
Monitor (IEM). The IEM's name, address and contact number is given below :
Shri Brahm Dutt
Address : 1/8 Safdarjung Enclave, New Delhi - 110 029.
E-mail : [email protected]
Mobile No. : 09871920282
Dy. General Manager
CPO-Refineries
Page 21 of 37
ANNEXURE F
TECHNICAL DETAILS OF SPENT CATALYST
Spent Catalyst from LOBS R-205.
Sl.
No. Description Data
1 Catalyst type
Platinum and Palladium metals
impregnated on Aluminium and
Amorphous silica based.
2
Approx. quantity of spent catalyst
containing Platinum and Palladium
after sieving - LOT-1 Grain-Greenish
(*)
21417.70 Kgs.
3
Approx. quantity of spent catalyst
containing Platinum and Palladium
after sieving - LOT-2 Grain-Blackish
(*)
7081.30 Kgs.
4
Approx. quantity of spent catalyst
containing Platinum and Palladium
after sieving - LOT-3 Fines
(*)
635.20 Kgs.
5 Approx. quantity of Platinum as per
fresh catalyst 32.75 Kgs.
6 Approx. quantity of Palladium as per
fresh catalyst 26.67 Kgs.
(*) Quantity mentioned is approximate. Exact Quantity of Platinum and Palladium based Catalyst will
be ascertained after sampling and weighment activities.
Page 22 of 37
ANNEXURE - G
FORMAT FOR UN-PRICED BID
“We have seen the lot/ lots described below, verified the quantity/material from Warehouse/ Site and
accordingly quote for the same”
TABLE-A
Sr.
No.
Spent catalyst from
LOBS R-205.
Sieved, sampled,
weighed & packed
PLATINUM PALLADIUM
Content in Grams
per Kg of spent
catalyst as per
bidder’s analysis
Expected Recovery in
% as per bidder’s
analysis
Content in Grams
per Kg of spent
catalyst as per
bidder’s analysis
Expected Recovery
in % as per
bidder’s analysis
(1) (2) (3) (4) (5)
1 LOT-1 (Grains-
Greenish)
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
2 LOT-2 (Grains-
Blackish)
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
3 LOT-3 (Fines) Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
Bidder to quote in
Figures and words
TABLE-B
CURRENCY : ______________
Sr.
No.
Spent catalyst from
LOBS R-205.
Sieved, sampled, weighed &
packed
Fixed Premium / Discount per KG of Spent Catalyst
Indicate
Plus (+) or Minus (-)
as the case may be
Fixed Premium / Discount AMOUNT in
Quoted Currency per Kg of Spent
Catalyst
(1) (2) (3)
1 LOT-1 (Grains-Greenish) QUOTED / NOT QUOTED QUOTED / NOT QUOTED
2 LOT-2 (Grains-Blackish) QUOTED / NOT QUOTED QUOTED / NOT QUOTED
3 LOT-3 (Fines) QUOTED / NOT QUOTED QUOTED / NOT QUOTED
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. _______________________
Page 23 of 37
Bidders are required to mention applicable/ not applicable against each of the points mentioned in
Table – C below:
TABLE-C
Sr.
No. Description
Applicable / Not
Applicable
Remarks (If mentioned as
Not Applicable, reasons to
be mentioned here)
1 Excise Duty @ 12.36% of basic price
2 Sales Tax (For Intra State Sale, VAT will be applicable. For Inter State Sale, CST will be
applicable. Bidders are required to strike out whichever not applicable)
2 (a) VAT Extra @ 12.5 % Basic price + Excise duty
(Without ‘C’ Form)
2 (b) CST Extra @ 2 % Basic price + Excise duty
(Against ‘C’ Form)
3
Income Tax-TCS @ 1 % of Basic price +
Excise Duty + Sales Tax (VAT/ CST) without
Form 27C.
Income Tax-TCS will be NIL against Form 27 C.
VAT / TIN NO.: ______________________ PAN NO.: ___________________
Excise Registration No : ________________
“I/WE HAVE READ THE TERMS & CONDITIONS OF THIS TENDER & SAME ARE ACCEPTABLE TO
ME/US. ”.
Date : Signature of Authorised Signatory
with Name & designation and Co. Seal.
Name & full address of the Firm :
M/s. _______________________
Page 24 of 37
ANNEXURE - H
CALCULATION OF SALE PRICE OF SPENT CATALYST
Sale Price of the spent catalyst would be calculated, by adjusting the basic price quoted by the
successful bidder, with the difference in price of Platinum and Palladium at the time of submission of
quote vis-à-vis at the time of issue of sale order. This will be calculated on the basis of platinum
content in spent catalyst sample and worked out as under:
Sale Order price =
(Spent Catalyst sale price per kg of Lot-1 Grains-Greenish x Net Wt of Lot-1 Grains-Greenish in
Kgs) + (Spent Catalyst sale price per kg of Lot-2 Grains-Blackish x Net Wt of Lot-2 Grains-Blackish
in Kgs) + (Spent Catalyst sale price per kg of Lot-3-Fines x Net Wt of Lot-3 Fines in Kgs)
Spent Catalyst Sale Order price per Kg for each lot will be calculated as below :
(Platinum rate per Gram x Platinum Content in Grams per Kg of Spent Catalyst x Expected
Recovery %) + (Palladium rate per Gram x Palladium Content in Grams per Kg of Spent Catalyst x
Expected Recovery %) +/- Fixed Premium or Discount per Kg of Spent Catalyst.
Platinum and Palladium rates per Gram will be calculated by adjusting the Bid Submission Price of
the successful bidder to the Platinum and Palladium prices prevalent at the time of issuing of sale
order (average of 7 days’ LPPM Platinum and Palladium prices ending one day prior to the sale
order date would be considered for this).
8 days prior intimation shall be given before placing the sale order; the said 8 days shall be
considered as 8 consecutive working days for which LPPM prices are available, prior to the release
of sale order. This would be subject to the overall time limit of 45 days (from price bid opening
date).
Average of LPPM Fix Platinum price and average of LPPM Fix Palladium price per gram for the
previous seven days ending one day prior to the sale Order date will be calculated. Seven days
shall mean consecutive seven days for which LPPM prices are available. LPPM Platinum and
Palladium prices in USD per Troy Ounce (EURO/ Troy ounce for bidders choosing to quote in
EURO) would be converted to rate per Gram using conversion factor of I Troy Ounce = 31.1035
grams. For comparative evaluation USD/ EURO would be converted to INR using USD-INR /
EURO-INR exchange rate prevalent at the time of sale Order, which would be considered as the
rate published by SBI (TT selling rate), applicable for one day prior to Sale Order date.
Platinum and Palladium Content in Grams per Kg of spent catalyst, expected Recovery %, Fixed
Premium or Discount as the case may be, per Kg. of Spent Catalyst will be taken from bidders’
quotation. Foreign bidders are required to quote in USD or EURO.
Page 25 of 37
NOTES :
1. For calculating Average of LPPM Platinum Price, the daily LPPM Platinum Fix Price as published
in LPPM website (www.lppm.com) would be considered.
2. For calculating Average of LPPM Palladium Price, the daily LPPM Palladium Fix Price as
published in LPPM website (www.lppm.com) would be considered.
3. Sale Price per KG of spent catalyst as above shall be calculated separately for Spent Catalyst
Lot-1 (Grain-Greenish), Lot-2 (Grain-Blackish) and Lot-3 (Fines).
4. One day’s price would be the average of AM and PM Fix prices published for that day; in case
only AM or PM prices are published for a day, that published price would be taken as that
days’ price.
5. Published LPPM Platinum and Palladium price would be considered in USD/ EURO per Troy
Ounce and would be converted to USD/ EURO per Gram using conversion factor of I Troy
Ounce = 31.1035 grams.
6. Price bid should be valid for placement of sale order within 45 days of price bid opening date.
7. LPPM rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the
USD-INR exchange rate published by State Bank of India (SBI- TT selling rate).
8. Bidder with the highest Total Bid Submission Price as calculated above would be the successful
bidder.
Page 26 of 37
ANNEXURE- I
SAMPLING PROCEDURE FOR SPENT CATALYST
The sampling shall be carried out in the presence of representatives of BPCL, and participating bidders.
The detailed sampling procedure which will be adopted for sampling purpose is listed below.
1. Tare weight of each empty drum shall be recorded prior to its filling with spent catalyst.
2. Each drum containing spent catalyst shall be numbered for identification.
3. Gross weight of each drum, containing spent catalyst, shall be recorded.
4. Contents of each drum shall be sieved through No.5 BS mesh (Size: 4000 micron) to remove
oversized material and through No.20 BS mesh (Size: 841 micron) to remove fines.
5. Weights of each fraction, i.e., a) oversize material, and b) fines shall be recorded for each
drum.
6. The sieved spent catalyst (Grains and Fines separately) shall be transferred to respective
drums and its weight will be recorded.
7. Fines collected as at step 4.0 shall be mixed and heaped together for all the drums and its
weight will be recorded.
8. With the method of coning and quartering, 1 kg samples of fines (obtained at step 7) shall be
collected in bottles and sealed. The remaining fines shall be transferred to separate empty
drums (previously weighed and recorded). Total weight of the fines will be recorded. The
number of 1 kg samples will be determined by the number of parties participating in the bid.
9. Oversized material collected as at step 5 shall be mixed and heaped together for all the drums
and its weight will be recorded. The weighted material will be stored separately.
10. In order to obtain composite sample for sieved spent catalyst (Grains and Fines separately)
required quantity will be sampled from each drum as per step 6. The sampled quantity shall
be mixed and heaped for obtaining composite sample. With the method of coning and
quartering, 1 kg samples of this spent catalyst shall be collected separately in bottles and
sealed. The number of 1kg samples will be determined by the number of parties participating
in the bid.
11. Out of the sieved quantity of the lot, samples of 10 Kgs shall be prepared for spent catalyst
(Grains and Fines separately) and remaining quantity shall be transferred to drums and weight
will be recorded.
12. From the above procedure following records will be obtained :
a) Empty weight for each drum (Step 1).
b) Gross weight of each catalyst filled drum (Step 3).
c) Net weight of oversized material retained on BS mesh No.5 for each drum (Step 5).
d) Net weight of fines passed through mesh BS No. 20 for each drum (Step 5).
e) Net weight of sieved catalyst in each drum (Grains or Fines) (Step 6).
f) Total weight of oversized material (Step 9).
g) Total weight of fines (Step 8).
h) Total weight of spent catalyst (Grains and Fines separately) (Step 11)
Page 27 of 37
13. Distribution of samples for Platinum assay and record will be as follows :
• Samples of spent catalyst (Grains) for each participating bidders.
• Samples of spent catalyst (Fines) for each participating bidders.
• Samples of spent catalyst (Grains) for BPCL analysis.
• Samples of spent catalyst (Fines) for BPCL analysis.
• Samples of spent catalyst (Grains) for future reference, to be kept with BPCL.
• Samples of spent catalyst (Fines) for future reference, to be kept with BPCL.
14. Sample Quantities:-
a) Maximum of 10 kg of samples (Grains) for platinum recovery will be distributed
to each participating bidder, for carrying out platinum recovery.
b) If sufficient quantities of fines are available after sieving, then maximum of 10 kg samples of
fines shall be distributed to each participating bidder for carrying out platinum recovery.
Otherwise, the participating bidders and BPCL shall mutually agree upon the sample size.
NOTES:
1. Sieving activities have been already completed.
2. Sampling, weighment, packing and sealing of drums will be carried out in presence of
attending bidders.
3. Electronic balance with minimum of 0.01 kg accuracy shall be used for weighing.
4. After collection of grains/ fines in drums or sample containers, the weight for each drum/
container, will be recorded and attested by BPCL and participating bidders.
5. Drums will be sealed thereafter.
6. All the samples collected shall be jointly sealed by BPCL and the participating bidders.
7. In case of any dispute, sample will be sent to an independent agency for analysis.
******
Page 28 of 37
Annexure-J
DEVIATION FORMAT :
DISPOSAL TENDER NO. CPO(R)/DISP/03/2014-15
E-TENDER No. 19796
Sl.No. /
Annexure
Reference Clause of Tender
Document
Deviation
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 29 of 37
ANNEXURE- K
EXPRESSION OF INTEREST (to be submitted in bidder’s letter head)
Bidder’s Ref. No : Date :
To,
The Dy. General Manager, CPO-Refineries,
Bharat Petroleum Corporation Ltd.
Mumbai Refinery, Mahul, Mumbai – 400 074
Dear Sir,
This has reference to the newspaper advertisement in ……………………………………
dated………………………….. and the Tender details provided on your website for Disposal of Spent
Catalyst containing Platinum & Palladium at BPCL-Mumbai Refinery (Your Disposal Tender No.
CPO(R)/DISP/03/2014-15. E-Tender no. 19796).
We are interested in participating in the said disposal process on the terms stated in the Tender
document.
**Enclosed please find DD/ Pay Order bearing number ………………………. for an amount of Rs.
1,00,000/- (One Lakh only) drawn in favour of Bharat Petroleum Corporation Limited payable in
Mumbai.
**I/We confirm having deposited an amount of Rs. 1,00,000/- (One Lakh only) through electronic
funds transfer from ___________________________(Bank Name & Branch) – reference
no._______________________ dt.____________
**Strike out whichever is not applicable. Foreign bidders to mention amount in foreign currency
instead of amount in rupees.
Name of Bidder:
Address and contact details of bidder :
Excise Registration No : __________________
VAT No._______________________ ; Income Tax PAN : ______________________
Thanking You,
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 30 of 37
ANNEXURE - L
Format of Acceptance – cum - Registration form (to be submitted in the bidder’s Letter Head )
Bidder’s Ref. No : Date :
To:
Dy. General Manager (CPO-Refineries),
Bharat Petroleum Corporation. Ltd.,
BPCL Refinery,
Mahul, MUMBAI – 400074.
Dear Sir,
Sub : Tender No: . CPO(R)/DISP/03/2014-15 (E-TENDER NO. 19796) issued by CPO-Refineries, BPCL
for Disposal of Spent Catalyst containing Platinum & Palladium at BPCL-Mumbai Refinery.
I/We confirm having gone through the terms and conditions and agree to take part in the subject at
BPCL, MUMBAI refinery on ‘AS IS WHERE IS BASIS’, “CLEAN SWEEP BASIS “ and “NO COMPLAINT
BASIS”.
Having inspected the material and satisfied with the condition and type of the same, I/we also
understand that I/we am/are legally bound to purchase the material at the Price at which I/we place
the bid.
Name of the Company ____________________________________________
Contact Person(s) _____________________________________________
Designation _____________________________________________
Address _________________________________________
______________________________________________________
______________________________________________________
Phone/ Fax No. _________________ Mobile No. ________________________
E Mail ___________________________________________________
Page 31 of 37
Central Excise Registration No:______________________________________
Income Tax PAN No. _________________
VAT/TIN No._______________________
I understand that in the event of any of the above information being found in-correct/ in-complete,
the Participation shall be liable for cancellation by BPCL at any time and I/we shall not be entitled to
any claim for Refund arising from the same.
I /We hereby confirm having paid the required EMD, the details of which are furnished hereunder:
DD/PO NO. ______________ dated __________ issued by ___________________________________
(Bank Name & Branch) for _____________ (Amount).
Electronic Funds Transfer Ref.no.________________ dt._______________ from
__________________________________ (Bank Name & Branch) for ______________ (Amount).
Signature of Authorised Signatory
with Name & designation and Co. Seal.
Page 32 of 37
ANNEXURE - M
BHARAT PETROLEUM CORPORATION LIMITED
Central Procurement Organisation (Refineries)
IINNTTEEGGRRIITTYY PPAACCTT
Between
Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",
AAnndd
…………………………………………………………………………………………….. hereinafter referred to as "The Bidder/ Contractor/
Supplier".
PPrreeaammbbllee
The Principal intends to award, under laid down organization procedures, contract/s for Tender for “DISPOSAL
OF SPENT CATALYST CONTAINING PLATINUM & PALLADIUM AT BPCL MUMBAI REFINERY” (CRFQ NO.
CPO(R)/DISP/03/2014-15 (E-TENDER NO. 19796). The Principal values full compliance with all relevant laws and
regulations, and the principles of economic use of resources, and of fairness and transparency in its relations
with its Bidder/s, Contractor/s and Supplier/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental
Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal
will appoint an Independent External Monitor who will monitor the tender process and the execution of the
contract for compliance with the principles mentioned above.
Section 1 - Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:
a) No employee of the Principal, personally or through family members, will in connection with the
tender, or the execution of the contract, demand, take a promise for or accept, for himself/
herself or third person, any material or immaterial benefit which he/she is not legally entitled
to.
b) The Principal will, during the tender process, treat all Bidders with equity and reason. The
Principal will, in particular, before and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder confidential/ additional information
through which the Bidder could obtain an advantage in relation to the tender process or the
contract execution.
c) The Principal will exclude from the process all known prejudiced persons.
Page 33 of 37
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard,
the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder/ Contractor/ Supplier
(1) The Bidder/ Contractor/ Supplier commits itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation in the tender
process and during the contract execution.
a) The Bidder/ Contractor/ Supplier will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or the
execution of the contract or to any third person, any material or immaterial benefit which
he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b) The Bidder/ Contractor/ Supplier will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelisation in the bidding process.
c) The Bidder/ Contractor/ Supplier will not commit any offence under the relevant Anti-
Corruption Laws of India; further the Bidder/ Contractor/ Supplier will not use improperly, for
purposes of competition or personal gain, or pass on to others, any information or document
provided by the Principal as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted electronically.
d) The Bidder/ Contractor/ Supplier will, when presenting his bid, disclose any and all payments
he has made, is committed to, or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2) The Bidder/ Contractor/ Supplier will not instigate third persons to commit offences outlined above or
be an accessory to such offences.
Section 3 - Disqualification from Tender Process and Exclusion from Future Contracts
If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any
other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify
the Bidder from the tender process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder/ Contractor/ Supplier has committed a transgression through a violation of Section 2 such
as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder/
Contractor/ Supplier from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be determined by
the circumstances of the case, in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion
will be imposed for a minimum of 6 months and maximum of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration of the available
evidences, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and
impose such exclusion and further accepts and undertakes not to challenge or question such exclusion
on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken.
This undertaking is given freely and after obtaining independent legal advice.
Page 34 of 37
(4) If the Bidder/ Contractor/ Supplier can prove that he has restored/ recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely.
Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages
equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the Principal shall be entitled to demand and recover
from the Contractor/ Supplier liquidated damages equivalent to Security Deposit/ Performance Bank
Guarantee.
(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to
condition that if the Bidder/ Contractor/ Supplier can prove and establish that the exclusion of the
Bidder from the tender process or the termination of the contract after the contract award has caused
no damage or less damage than the amount of the liquidated damages, the Bidder/ Contractor/
Supplier shall compensate the Principal only to the extent of the damage in the amount proved.
Section 5 - Previous Transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company
in any country conforming to the TI approach or with any other Public Sector Enterprise in India that
could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process
or the contract, if already awarded, can be terminated for such reason.
Section 6 - Equal treatment of all Bidders/ Contractors/ Suppliers/ Subcontractors
(1) The Bidder/ Contractor/ Supplier undertakes to demand from all subcontractors a commitment in
conformity with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Contractors/ Suppliers and Subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its
provisions.
Section 7 - Punitive Action Against Violating Bidders/ Contractors/ Suppliers/ Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an
employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which
constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the
Vigilance Office.
Page 35 of 37
Section 8 - Independent External Monitors
(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The
task of the Monitor is to review independently and objectively, whether and to what extent the parties
comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.
(3) The Bidder/ Contractor/ Supplier accepts that the Monitor has the right to access without restriction to
all Project documentation of the Principal including that provided by the Bidder/ Contractor/ Supplier.
The Bidder/ Contractor/ Supplier will also grant the Monitor, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to this project documentation. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder/ Contractor/ Supplier/ Subcontractor with confidentially.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations
between the Principal and the Bidder/ Contractor/ Supplier. The parties offer to the Monitor the option
to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or heal the violation, or to
take other relevant action. The Monitor can in this regard submit non-binding recommendation.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner,
refrain from action or tolerate action. However, the Independent External Monitor shall give an
opportunity to the Bidder/ Contractor/ Supplier to present its case before making its recommendations
to the Principal.
(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10
weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise,
submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence
under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time,
taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor
may also transmit this information directly to the Central Vigilance Commissioner, Government of India.
(8) The word 'Monitor' would include both singular and plural.
Section 9 - Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor/ Supplier 12 months after
the last payment under the respective contract, and for all other Bidders 6 months after the contract has been
awarded.
If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the
lapse of this pact as specified above, unless it is discharged/ determined by Chairperson of the Principal.
Page 36 of 37
Section 10 - Other Provisions
((11)) TThhiiss aaggrreeeemmeenntt iiss ssuubbjjeecctt ttoo IInnddiiaann LLaaww.. PPllaaccee ooff ppeerrffoorrmmaannccee aanndd jjuurriissddiiccttiioonn iiss tthhee RReeggiisstteerreedd OOffffiiccee ooff tthhee
PPrriinncciippaall,, ii..ee.. MMuummbbaaii.. TThhee AArrbbiittrraattiioonn ccllaauussee pprroovviiddeedd iinn tthhee mmaaiinn tteennddeerr ddooccuummeenntt// ccoonnttrraacctt sshhaallll nnoott bbee
aapppplliiccaabbllee ffoorr aannyy iissssuuee// ddiissppuuttee aarriissiinngg uunnddeerr IInntteeggrriittyy PPaacctt..
(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
(3) If the Bidder/ Contractor/ Supplier is a partnership or a consortium, this agreement must be signed by
all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
H.P. Panchal ……………………………
For the Principal For the Bidder/ Contractor/
Supplier
Place ……………… Witness 1 : ………………
(Signature/Name/Address)
Date ………………. Witness 2 : ………………
(Signature/Name/Address)
Page 37 of 37
ANNEXURE - N
PRICE BID SUBMISSION
Tender No. CPO(R)/DISP/03/2014-15 (E-TENDER NO:- 19796)
Item: SPENT CATALYST CONTAINING PLATINUM & PALLADIUM FROM LOBS UNIT OF BPCL
MUMBAI REFINERY- SIEVED, SAMPLED, WEIGHED & PACKED IN DRUMS
Bidders are requested to fill the following data in our e-procurement portal.
1) Currency
2) Fixed Premium / Discount per Kg of spent Catalyst, Indicate
Plus (+) or Minus (-) as the case may be for Lot-1 Grains-Greenish
3) Fixed Premium / Discount per Kg of spent Catalyst, Indicate
Plus (+) or Minus (-) as the case may be for Lot-2 Grains-Blackish
4) Fixed Premium / Discount per Kg of spent Catalyst, Indicate
Plus (+) or Minus (-) as the case may be for Lot-3 Fines
***********
