TENDER FOR CONSTRUCTION OF NRO AT MANSI, NH-31, DIST. KHAGARIA (BIHAR)

REQUEST FOR QUOTATION CRFQ -

TENDER FOR CONSTRUCTION OF ISSUED BY:-

Territory Manager

NRO at MANSI, NH-31, DIST. Retail

KHAGARIA (BIHAR) Bharat Petroleum

Corporation Limited

Barauni Territory

REQUEST FOR QUOTATION CRFQ -1000427672

TENDER FOR CONSTRUCTION OF NRO at MANSI, NH-31, Dist. Khagaria

TABLE OF CONTENTS

1) Annexure I : Preamble

2) Annexure II : Instructions to Tenderers

3) Annexure III : Special Purchase Conditions

4) Annexure IV : Scope of work , Technical specifications, Drawing

5) Annexure V : Policy Of Holiday Listing Of Vendors In BPCL

6) Annexure VI : GUIDELINES FOR BPCL EPROCUREMENT SYSTEM

7) Annexure VII : General Conditions of Contract (GCC)

8) Annexure VIII : Performa for Integrity Pact

REQUEST FOR QUOTATION CRFQ –1000427672

Annexure I – Preamble

Quotations are invited for the “TENDER FOR CONSTRUCTION OF NRO at MANSI, NH-31, DIST. KHAGARIA

(BIHAR)” from the vendors with valid registration / required available financial limit with BPCL,

North and keenness to work at above mentioned site.

1. Vendors who have been “Black listed” or have currently been put on “Holiday List”, by virtue of

unsatisfactory performance for any work, by any office of BPCL, are not eligible to quote for this

tender. Quotations received from such vendors, shall be rejected.

2. GST shall be payable extra as applicable.

3. The tender document has been created vide BPCL SAP Collective RFQ no.1000427672 .To

ensure equal opportunity for all and to demonstrate transparency in our systems, this document

has been uploaded on the public procurement portal ,or any clarifications can also be made by

e-mail addressed to [email protected] or

[email protected]

4. The tender document has been uploaded on the BPCL E-Procurement web site

https://bpcltenders.eproc.in/

5. For participating in the tender and submitting the bid, you have to visit the above-mentioned

web site https://bpcltenders.eproc.in/

6. Interested tenderers need to have/ or obtain the digital signing certificate from any suitable

certifying agency. For your ready reference the Digital Signing Certificate Application forms are

enclosed with this tender document, and you may apply for the same as prescribed in the

pertinent annexure, if required.

7. For participating in the bid, the vendors have to download the entire document from the web site

https://bpcl.eproc.in by using their digital signatures. And after carefully going through all the

documents and filling the bids, the same have to be uploaded on the appropriate place on this

web site & encrypt the same with their digital signatures.

8. All the bids shall be evaluated from the bids/ documents submitted by the tenderers on the E-

Procurement portal. Hard copies of the bids need not be submitted to this office.

9. Vendors can witness the tender opening on the E-Procurement portal.

10. Tenderers shall also have to essentially sign an Integrity Pact (IP) for participating in this tender,

as per the following procedure:

a. Tenderer shall be required to download the Performa Integrity Pact (IP), print it, duly sign

and stamp all the pages, (including signature of two witnesses). It should be signed by

the same signatory who is authorized to sign the bid documents.

b. Tenderers may raise disputes/complaints, if any, with the nominated Independent

External Monitor.

c. The name, address and contact numbers of the nominated Independent External Monitor

Shri. Ramabhadran Shri. Virendra Bahadur Singh Shri. Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross Street, H.No. B-5/64, Vineet Khand, Gomati B-3/3, ‘Yarrows Apartments’,

Mandavelipakkam, Chennai Nagar, Bihar - 226010 Plot C-58/5, Sector

[email protected] [email protected] [email protected]

Mob. No. 09495511954 Mob. No. 8853760730 Mob. No.

11. Please visit the website http:// bpcltenders.eproc.in/ for only downloading the tender document

& for participating in the tender and submitting your bid.

12. Bids/instruments submitted after the due date and time of closing of tender or not in the

prescribed format is liable to be rejected. BPCL does not take any responsibility for any delay

in submission of bid due to connectivity problem or non-availability of site and/ or other

documents to be submitted in physical form due to postal delay. No claims on this account shall

be entertained.

13. For clarifications, if any, please feel free to contact the undersigned procurement officers on any

working day between 10:00 am to 4:00 pm.

Gauraang Singh Baghel

Executive Engineering Retail Barauni

Email id: [email protected]

Ashutosh Patwardhan

Territory Manager Retail Barauni

Email Id: [email protected]

REQUEST FOR QUOTATION CRFQ -1000427672

Annexure II - Instructions to Tenderers

1. Competitive offers are invited from the limited parties registered / enlisted with BPCL “TENDER

FOR CONSTRUCTION OF NRO at MANSI, NH-31, DIST. KHAGARIA (BIHAR)”

2. Tenderers are requested to carefully study all the documents/ annexures, and understand the

terms & conditions, specifications, etc., before quoting their rates. In case of doubt, written/ e-

mail clarifications should be obtained, but this shall not be a justification for late submission of

the bid or request for extension of due date. Offers should strictly be in accordance with the

tender terms & conditions and our specifications.

3. All the supporting document viz. Integrity Pact submitted by the tenderers should be legible,

signed, stamped and attested by the authorized signatory as specified below in clause

4. The authorized signatory shall be :-

a) Proprietor in case of proprietary concern.

b) Authorised partners in case of partnership firm.

c) Director, in case of a limited Company, duly authorized by its board of directors to sign.

5. If for any reason, the proprietor or the authorised partner or director as the case may be are

unable to sign the document, the said document should be signed by the constituted attorney

having full authority to sign the tender document and copy of such authority letter as also the

power of attorney, duly signed in the presence of a Notary public should be submitted along

6. Bids submitted after the due date and time and those not in the format or not in conformity with

the prescribed terms and conditions or specifications shall be summarily rejected and no

further correspondence/ enquiries shall be entertained on the issue. No responsibility shall be

taken by the Corporation for bids not submitted in time and/or the instruments received late

due to postal delay and no claims on this account shall be entertained.

7. The offer submitted by the tenderer shall be valid for acceptance for a period of 180 days from

the date of closing of the tender. In case of successful tenderers, the finalized rate shall remain

valid till conclusion of the contract in all respects.

8. The successful tenderer/s shall be required to submit physical hard copies of the entire tender

document and all the supporting documents submitted online on the portal, signed and

stamped on all pages, at the time of award of the job.

9. Vendor must agree with all terms and Conditions mentioned in General Conditions of Contract

attached separately with this tender. Vendor should sign the last acknowledgement page and

should upload it.

10. It shall be understood that every endeavour has been made to avoid errors which can

materially affect the basis of the tender and the successful Tenderer shall take upon himself

and provide for risk of any error which may subsequently be discovered and shall make no

subsequent claim on account thereof.

11. Courts in the city of Bihar is alone shall have jurisdiction to entertain any application or other

proceedings in respect of anything arising under this tender either before or after or during

finalisation of the tender.

12. Interested parties may download the tender from BPCL website

(http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in) or from the e-

tendering website (https://bpcltenders.eproc.in/) and participate in the tender as per the

instructions given therein, on or before the due date of the tender. The tender available on

the BPCL website and the CPP portal can be downloaded for reading purpose only. For

participation in the tender, please fill up the tender online on the e-tender system available

on https://bpcltenders.eproc.in/

13. For registration on the e-tender site https://bpcltenders.eproc.in/, you can be guided by the

“Instructions to Vendors” available under the download section of the homepage of the

website. As the first step, bidder shall have to click the “Register” link and fill in the requisite

information in the “Bidder Registration Form”. Kindly remember your e- mail id (which will

also act as the login ID) and the password entered therein. Once you complete this process

correctly, you shall get a system generated mail. Login in to the portal using your credentials.

When you log in for the first time, system will ask you to add your Digital Signature. Once

you have added the Digital Signature, please inform us by mail to the vendor administrator

[email protected] with a copy to [email protected] for approval. Once

approved, bidders can login in to the system as and when required.

14. As a pre-requisite for participation in the tender, vendors are required to obtain a valid Digital

Certificate of Class IIB and above (having both signing and encryption certificates) as per

Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying

Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining

the digital certificate shall be borne by the vendor.

15. In case any vendor so desires, he may contact our e-procurement service provider M/s. E-

Procurement Technologies Limited, Ahmedabad (Contact no. Tel: +91 79 4001 6816 |

| 6844 | 6868 & Tel: +91 22 65354113 | 65595111) for obtaining the digital signature

16. Corrigendum/ amendment, if any, shall be notified on the site https://bpcltenders.eproc.in/.

In case any corrigendum/ amendment is issued after the submission of the bid, then such

vendors who have submitted their bids, shall be intimated about the

corrigendum/amendment by a system-generated email. It shall be assumed that the

information contained therein has been taken into account by the vendor. They have the

choice of making changes in their bid before the due date and time.

17. Directions for submitting online offers, electronically, against e-procurement tenders directly

through internet:

a. Vendors are advised to log on to the website (https://bpcltenders.eproc.in/) and

arrange to register themselves at the earliest, if not done earlier.

b. The system time (IST) that will be displayed on e-Procurement web page shall be the

time considered for determining the expiry of due date and time of the tender and no

other time shall be taken into cognizance.

c. Vendors are advised in their own interest to ensure that their bids are submitted in e-

Procurement system well before the closing date and time of bid. If the vendor intends

to change/revise the bid already submitted, they shall have to withdraw their bid

already submitted, change/ revise the bid and submit once again. In case vendor is

not able to complete the submission of the changed/revised bid within due date &

time, the system would consider it as no bid has been received from the vendor

against the tender and consequently the vendor will be out of contention. The process

of change/ revise may do so any number of times till the due date and time of

submission deadline. However, no bid can be modified after the deadline for

submission of bids.

d. Once the entire process of submission of online bid is complete, they will get an auto

mail from the system stating you have successfully submitted your bid in the following

tender with tender details.

e. Bids/ Offers shall not be permitted in e-procurement system after the due date/ time

of tender. Hence, no bid can be submitted after the due date and time of submission

f. No manual bids/offers along with electronic bids/offers shall be permitted

18. For tenders whose estimated procurement value is more than Rs. 10-Lacs, vendors can see

the rates quoted by all the participating bidders once the price bids are opened. For this

purpose, vendors shall have to log in to the portal under their user ID and password, click on

the “dash board” link against that tender and choose the “Results” tab.

19. No responsibility will be taken by BPCL and/or the e-procurement service provider for any

delay due to connectivity and availability of website. They shall not have any liability to

vendors for any interruption or delay in access to the site irrespective of the cause. It is

advisable that vendors who are not well conversant with e- tendering procedures, start filling

up the tenders much before the due date/time so that there is sufficient time available with

him/her to acquaint with all the steps and seek help if they so require. Even for those who are

conversant with this type of e-tendering, it is suggested to complete all the activities ahead of

time. It should be noted that the individual bid becomes viewable only after the opening of the

bid on/after the due date and time. Please be reassured that your bid will be viewable only to

you and nobody else till the due date/ time of the tender opening. The non availability of

viewing before due date and time is true for e-tendering service provider as well as BPCL

20. ACCEPTANCE OF THE OFFER BY THE CORPORATION: Based on the offers received,

BPCL will place orders on one or more tenderers whose offer is considered acceptable to

BPCL. Any terms and conditions attached/printed overleaf by the Tenderer in his offer will not

be binding on BPCL. Tenders with counter or subjective conditions are liable to be rejected.

a. Evaluation of the Price Bid

i. The evaluation of the price bid, in the first instance, will be based on the Net

Delivered Price (NDP) calculated cumulatively for each item of the Price Bid

Bill of Quantities. Ranking of vendors, if required for the purpose of

negotiations, will be based on the original quotation.

ii. BPCL reserves the right to negotiate with tenderers and counter offer a rate if

required. Tenderers may have to attend the concerned office of the

Corporation for negotiations/ clarifications if required at their own cost, in

respect of their quotations without any commitment from the Corporation.

iii. Notwithstanding the above, BPCL is not bound to accept the lowest offer and

reserve the right to reject any and / or every tender without assigning any

reason whatsoever and /or place order on one or more tenderers and /or carry

out negotiations with any tenderer in the manner considered appropriate by

iv. BPCL also reserves the right to reject any un-workable offer. Purchase/price

preference as applicable would be given to Public Sector Enterprises as per

directives of the Government of India.

v. Track record or any other parameter considered relevant by BPCL may also

form a criterion for order placement.

vi. In the event that same rate is quoted by two tenderers and even if they are

acceptable to BPCL, BPCL is not bound to either accept all such offers or to

equally distribute the requirement for above tender job amongst the tenderers

who have quoted the same rate.

In the event the successful Tenderer fails to perform in the manner as stipulated in the

contract, BPCL may place orders to next best tenderers at the cost and risk of successful

tenderer, if considered necessary

21. BPCL and/or the e-procurement service provider shall not be responsible for any direct or

indirect loss or damages and or consequential damages, arising out of the bidding process

including but not limited to systems problems, inability to use the system, loss of electronic

information etc.

In case of any clarification pertaining to e-procurement process, the vendor may contact

the following agencies/ personnel:

22. List of abbreviations used :

a. The terms “BPC”, “BPCL”, The Corporation and the Company in the appropriate context

means Bharat Petroleum Corporation Limited, the Company registered under

Companies Act 1956 and includes its successors and assignees.

b. The term “PESO” in the appropriate context means Petroleum, Explosive and Safety

c. The term “BIS” in the appropriate context means Bureau of Indian Standards.

d. The term “OITC” in the appropriate context means Oil Industry Technical Committee.

e. The term “OMC” in the appropriate context means PSU Oil Marketing Companies viz.

M/s Indian Oil Corpn. Ltd, M/s Bharat Petroleum Corpn. Ltd.

f. The term “UT” in the appropriate context means Union Territory

g. The term “PSU” / “PSU Oil Company” in the appropriate context means Public Sector

Undertaking Oil Marketing Companies

h. The term “PSE” in the appropriate context means Central Public Sector Enterprise

i. The term “LOI” in the appropriate context means Letter of Intent

j. The term “PO” in the appropriate context means Purchase Order

k. The term “PR” in the appropriate context means Price Reduction

l. The term “NDP” in the appropriate context means Net Delivered Price

m. The term “ITC” in the appropriate context means Input Tax Credit

n. The term “PQ” in the appropriate context means Pre-Qualification.

o. The term “ GST” in appropriate context means Goods and Service Tax

p. The term “ CA” in appropriate context means Charted Accountant

q. The term “RO” in appropriate context means Retail Outlet

REQUEST FOR QUOTATION CRFQ -1000427672

ANNEXURE - III: SPECIAL PURCHASE CONDITIONS

1. VALIDITY OF THE OFFER: Offers should remain valid for at least 120 days from the due

2. PLACE OF WORK / LOCATION: Construction of SH NRO at NRO “Between Kilometer stone

270 to 275 on NH-31 on RHS” at Mouza- MANSI, District: KHAGARIA, Bihar”. under Barauni

Retail Territory.

3. BID QUALIFICATION CRITERIA

(i) Established Vendor- The vendor should be a SOR Vendor for Territory or Registered

vendor with any Territory / Region / State for Civil, Electrical & Mechanical works with

required available Financial Limit.

(ii) Qualification- Degree / Diploma in Civil / Mechanical Engineering is desirable but not

mandatory. Certificate/License from SEB to work on Low Tension (LT) electrical

System is mandatory or Tie up with personnel with License.

(iii) Working Capacity Should have sufficient Manpower well versed in doing jobs

pertaining to Major Civil / Mechanical / Electrical Jobs.

(iv) The vendor should have successfully completed the contract/PO placed by BPCL (in

the past three years from the due date of bid submission) for any type of Civil / Mech

4. PERIOD OF CONTRACT: 120 days from date of LOI / date of physical handing over the site

5. INTEGRITY PACT (IP):

Integrity pact (IP) is a pact between BPCL (as a purchaser) on one hand and the

prospective bidder on the other hand stating that the two parties shall make certain

commitments to each other in regard to ensuring transparency and fair dealings in the

purchasing activities of the corporation.

It is mandatory to sign and return our pre-signed IP document (with two numbers of

witnesses, place & date). This document is essential for binding (Attached separately with

the tender document)

A. Proforma of Integrity Pact shall be returned by the bidder/s along with the bid

documents, duly signed by the same signatory who is authorized to sign the bid

documents. All the pages of the Integrity Pact shall be duly signed. Bidder s failure to

return the IP duly signed along-with the bid documents shall result in the bid not being

considered for further evaluation and liable to be rejected.

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

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

to demand and recover from bidder liquidated damages amount by forfeiting the EMD/

Bid Security as per provisions of the integrity pact.

C. If the contract has been terminated according to the provisions of the Integrity Pact or if

BPCL is entitled to terminate the contract according to the provisions of the integrity

pact, BPCL shall be entitled to demand and recover from contractor liquidated damages

amount by forfeiting the Security Deposit/ Performance Bank Guarantee as per

provisions of the integrity pact.

D. Bidders may raise disputes/ complaints, if any, with the nominated independent external

monitor (IEM) as under:

Name, Address and Contact Number of Independent External Monitor:

Shri. Ramabhadran Shri. Virendra Bahadur Singh Shri. Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross H.No. B-5/64, Vineet Khand, Gomati B-3/3, ‘Yarrows Apartments’,

Street, Nagar, Bihar - 226010 Plot C-58/5, Sector

Mandavelipakkam, Noida, UP -201309

[email protected] [email protected] [email protected]

Mob. No. 09495511954 Mob. No. 8853760730 Mob. No.

6. EMD FOREFEITURE AND RETURN OF EMD: EARNEST MONEY DEPOSIT WILL BE

FORFEITED IN THE EVENTOF

(a) Withdrawal of offer while the offer is under consideration during the offer validity period.

(b) Tenderer not accepting our Purchase Order, if placed without prejudice to our rights to

recover damages on account of breach of contract.

(c) Non-confirmation of acceptance of order within the stipulated time after placement

without prejudice to our rights to recover damages on account of breach of contract.

(d) Any unilateral revision made by the tenderer during the validity period of the offer.

EMD if applicable shall be returned on finalization of the order. No interest on this EMD is

“If any new tax is introduced on sale of goods/ services by VENDOR to OWNER in lieu of

one or more of the then existing taxes or as a new tax altogether and the rate and impact

of the new taxes is less than the rate and impact of existing tax or taxes which it replaces,

VENDOR shall pass on to OWNER the benefit thereof by reduction on the amount payable

by the OWNER to VENDOR. If on the other hand, the rate of the new taxes is in excess

than the rate of the new taxes it replaces, the OWNER on satisfactory proof shall reimburse

the VENDOR the additional tax paid by the VENDOR as the result of the imposition of the

new taxes provided they are within the contractual completion date.

Explanation: For the purpose of above clause, impact means and includes the

addition/reduction of taxes suffered on inputs, input services & capital goods. Further,

impact of stranded taxes like CST on Interstate purchases, entry tax/ octroi, etc. (if

applicable) also needs to be considered.” “Any loss or non-availability of input tax credit by

the OWNER due to non-compliance of applicable tax laws including but not limited to GST

laws in force or otherwise, on the part of VENDOR, an amount equivalent to the liability

accruing to the OWNER to the extent of such loss or non-availability of credit or liability

accrued shall either stand cancelled or deducted from payment due to the VENDOR or shall

be reimbursed from the VENDOR till such default is either rectified or made good by the

VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit

within the time-lines as per applicable laws.

Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the

OWNER at any point of time on account of non-compliance of applicable tax laws or rules

or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by

the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, and interest

as the case may be shall be reimbursed by the VENDOR within 30 days. Any GST as may

be applicable on such recovery of amount shall also be borne by VENDOR and same shall

be collected by the OWNER.”

Deviation: Your comments/ deviations (if any) against any of the above terms, should be

uploaded with proper justification along with your offer in the provided deviation template -

or else all terms and conditions will be deemed confirmed accepted by you.

9. PAYMENT TERMS, RETENTION MONEY & SECURITY DEPOSIT:

1. As per standard clause of the Notice Inviting Tender. Retention money equivalent to 10% of

the total value of the work done will be retained for a minimum period of six month from the

date of bill of that call off for all jobs more than ten lakhs. However, the tenderer can submit

the bank guarantee of an equivalent amount in lieu of retention money as per BPCL format.

Payment will be done only after successfully completion of job.

2. M/s BPCL will be deducting the mandatory deductions i.e.TDS etc. if applicable from the

payments due to the contractor.

3. Payment will be done within 30 days of Submission of Invoice after satisfactorily completion

of Job subject to verification of bill & signing of MB by concerned Engineer – In charge.

Payment to Vendor will be done as 100% on submission of invoice with relevant documents

4. To ensure performance of the contract and due discharge of the contractual obligations, the

successful contractor will have to provide security deposit of 10% of the contract value

subject to Max of Rs 1.0 Lac unless otherwise specified in the Special Conditions of

Contract. (Pl refer Clause No. 18 of GCC)

This Security deposit may be furnished in the form of an Account payee Demand Draft

payable to BPCL or Bank Guarantee in the prescribed format. The contractor shall have the

option to adjust any Earnest Money Deposit- (EMD) if paid by demand draft towards security

deposit if he so desires or otherwise if submitted by way of bank guarantee the validity of

the same to be extended suitably as advised by BPCL.

10. Co-ordination

During the tenure of the contract the contracting agency has to co-ordinate the work with other

agencies working inside or outside the BPCL retail outlet. Also in case of emergency or major

problems the contractor has to provide complete support and assistance to other agencies.

11. Statutory registration numbers:

Vendor must have valid GST registration in case turnover is more than 20 Lakhs.

Vendor must comply by statutory rules and regulation involved while working at BPCL premises.

12. REGISTRATION/ EMD DETAILS (as applicable) : EMD not applicable

12. Award of Job: Job will be awarded on basis of Lowest Quote for Overall Quantity-

BPCL reserve the right to negotiate with L-1 party in case of abnormally high quotes.

SCOPE OF WORK, TECHNICAL SPECIFICATIONS & DRAWINGS

Scope of Work - CONSTRUCTION OF SH NRO “Within 5 KM from Bishanpur Bus Stand towards

Angar Ghat on SH-55” at Mouza- Dadhiya Asadhar, District: Samastipur, Bihar. Bill Of Quantity

– Relevant BOQ document is separately attached with the tender document – Pl go thru the

Technical Specifications & Drawings - Seperately attached with the tender document – Pl

refer attached drawings/documents.

List of Approved Makes & Mandatory Tests - Seperately attached with the tender

Special Note to Bidders – Bidders are advised to carefully go thru the attached BOQ

document, all specifications drawings / lay outs and list of approved makes and

mandatory tests before submitting the price bid in system.

POLICY OF HOLIDAY LISTING OF VENDORS IN BPCL

1. Definitions:

In these Guidelines, unless the context otherwise requires

(i) Agency; “Party/Contractor/Supplier/Vendor/Consultant/Bidder/Licensor” in the context

of these guidelines is indicated as ‘Agency’.;

“Party/Contractor/Supplier/Vendor/Consultant/bidders/Licensor” shall mean and

include a public limited company or a private limited company, a joint venture.

Consortium, HUF, a firm whether registered or not, an individual, co-operative society

or an association or a group of persons engaged in any commerce, trade, industry etc.

(ii) Appellate Authority: “Appellate Authority” shall mean the concerned functional Director

of BPCL or any other authority nominated by the C & MD. The Appellate authority

shall be higher than the “Competent Authority”.

(iii) Competent Authority: “Competent Authority” shall mean the authority, who is

competent to take final decision for Banning of business dealings with Agencies, in

accordance with these guidelines:

The Competent Authority for a Procurement Department which is initiating the Holiday

Listing process should be the Regional head (or) SBU / Entity head as the case may

be relevant to the said Procurement Department, but not below the level of General

(iv) Corporation: “Corporation” means Bharat Petroleum Corporation Ltd. with its

Registered Office at Bharat Bhavan-I, 4&6 Currimbhoy Road, Ballard Estate, Mumbai-

(v) Corrupt Practice: “Corrupt Practice” means the offering, giving, receiving or soliciting,

directly or indirectly, anything of value to improperly influence the actions in selection

process or in contract execution. Corrupt Practice” also includes any omission for

misrepresentation that may mislead or attempt to mislead so that financial or other

benefit may be obtained or an obligation avoided.

(vi) Fraudulent Practice: “Fraudulent Practice” means and include any act or omission

committed by a agency or with his connivance or by his agent by misrepresenting/

submitting false documents and/ or false information or concealment of facts or to

deceive in order to influence a selection process or during execution of contract/ order;

(vii) Collusive Practice : “Collusive Practice” amongst bidders (prior to or after bid

submission)” means a scheme or arrangement designed to establish bid prices at

artificial non-competitive levels and to deprive the Employer of the benefits of free and

open competition.

(viii) Coercive Practice: “Coercive practice” means impairing or harming or threatening to

impair or harm directly or indirectly, any agency or its property to influence the

improperly actions of an agency, obstruction of any investigation or auditing of a

procurement process.

(ix) Officer-in-Charge: “Officer –in-Charge (OIC)” or “Engineer-in-Charge (EIC)” shall

mean the person (s) designated to act for and on behalf of BPCL for the execution of

the work as per requirement of the concerned department.

(x) Malpractice : Malpractice means any Corrupt Practice, Fraudulent Practice, Collusive

Practice or Coercive practice as defined herein;

(xi) Mis -Conduct : “Mis - conduct” means any act or omission by the Agency, making it

liable for action for Holiday Listing as per these guidelines

(xii) Nodal Department: “Nodal Department” means the Department primarily assigned

with the role of overseeing the Holiday Listing Process to ensure adherence to

guidelines, maintaining, updating and publishing the list of Agencies with whom BPCL

has decided to ban business dealings and shall be the Corporate Finance Department.

(xiii) Vendor De- listment Committee: “Vendor De- listment Committee” relevant to the

procurement department which initiates the holiday listing process would the same as

the vendor enlistment Committee as per DR&A of the concerned SBU/Entity.

2. Reasons for Holiday Listing :

An Agency may be placed in Holiday List for any one or more of the following circumstances:

2.1 If the Agency, in the context of its dealings with the Corporation:

a. has indulged in malpractices ;

b. has submitted fake, false or forged documents / certificates

c. Has substituted materials in lieu of materials supplied by BPCL or has not returned

or has unauthorized disposed off materials / documents / drawings / tools or plants

or equipments supplied by BPCL.

d. Has deliberately violated and circumvented the provisions of labor laws/

regulations / rules, safety norms, environmental norms or other statutory

e. has deliberately indulged in construction and erection of defective works or supply

of defective materials

f. Has not cleared previous dues to BPCL if applicable.

g. Has committed breach of contract or has abandoned the contract.

h. Poor performance of the Agency in one or several contracts;

i. Has not honored the fax of award / letter of award / Contract / Purchase order after

the same is issued by BPCL.

j. Withdraws/ revises the bid upwards after becoming the L1 bidder.

k. Has parted with, leaked or provided confidential / proprietary information of BPCL

to any third party without the prior consent of BPCL.

2.2 The following additional grounds can also be reasons for Holiday listing of an

a. If a communication is received from the Administrative Ministry of the Corporation

(i.e. MOP&NG) to ban Agency from dealing with the Corporation ;

b. If the Agency Is or has become bankrupt , OR is being dissolved OR has resolved

to be wound up OR if proceedings for winding up or dissolution has been instituted

against the Agency;

c. Any other ground, including transgression of Integrity Pact, which, in the opinion

of the Corporation, makes it undesirable to deal with the Agency; In the case of

transgression of Integrity Pact, the same should be substantiated by the verdict of

the Independent External Monitor.

3. Duration of Holiday Listing:

S. No Reasons for holiday listing Period of

holiday listing

1 Indulged in malpractices resulting in financial loss to the 15 years

2 Submitted fake, false or forged documents / certificates 3 years

3 has substituted materials in lieu of materials supplied by 15 years

BPCL or has not returned or has unauthorized disposed

of materials / documents / drawings / tools or plants or

equipment’s supplied by BPCL

4 Has deliberately violated and circumvented the 3 years

provisions of labour laws/ regulations / rules , safety

norms, environmental norms or other statutory

5 has deliberately indulged in construction and erection of 3 years

defective works or supply of defective materials

6 has not cleared BPCLs previous dues if applicable 1 year

7 has committed breach of contract or has abandoned the 3 years

8 Poor performance of the Agency in one or several 1 year

9 has not honored the fax of award / letter of award / 1 year

Contract / Purchase order after the same is issued by

10 Withdraws/ revises the bid upwards after becoming the L1 1 year

11 has parted with , leaked or provided confidential / 15 years

proprietary information of BPCL to any third party without

the prior consent of BPCL

12 If the Agency Is or has become bankrupt , OR is being 3 years

dissolved OR has resolved to be wound up OR if

proceedings for winding up or dissolution has been

instituted against the Agency

13 Transgression of Integrity Pact , which, in the opinion of 3 years

the Corporation, makes it undesirable to deal with the

3.1 In cases where Holiday Listing is proposed based on advice from the Administrative

Ministry, no show cause or formal decision by competent authority will be required. The

Nodal Department will directly intimate the Agency that they have been placed in Holiday

Listing by BPCL based on the Ministry’s advice

4. Provision for Appeal

4.1 An agency aggrieved with the decision of the Competent Authority shall have the option

of filing an appeal against the decision of the Competent Authority within a maximum of

15 days from the date of receipt of intimation of holiday listing.

4.2 Any appeal filed after expiry of the above period shall not be considered by the Appellate

4.3 On receipt of the Appeal from the Agency, the Appellate Authority, if it so desires , may

call for comments from the Competent Authority;

4.4 After receipt of the comments from the Competent Authority, the Appellate Authority , if

it so desires , may also given an opportunity for personal hearing, to the Appellant

4.5 After examining the facts of the case and documents available on record and considering

the submissions of the Appellant Agency, the Appellate Authority may pass appropriate

order by which the Appellate Authority may either :

a) Uphold the decision of Competent authority with or without any variation /lesser period

of Holiday Listing; OR

b) Annul the order of the Competent Authority.

4.6 No Appeal is permitted in case an Agency is placed in Holiday List by BPCL, based on

Ministry’s advice

5. Effect of Holiday Listing

5.1. No enquiry / bid / tender shall be entertained with an Agency as long as the ‘Agency’ name

appears in the Holiday list.

5.2. If an ‘Agency’ is put on the Holiday list during tendering :

a) If an ‘Agency’ is put on Holiday List after issue of the enquiry / bid / tender but before

opening of the un-priced bid, the un-priced bid of the ‘Agency’ shall not be opened and

BG/EMD , if submitted by the ‘Agency’ shall be returned . If an ‘Agency’ is put on Holiday

List after un-priced bid opening but before price bid opening, the price bid of the ‘Agency’

shall not be opened and BG/EMD submitted by the ‘Agency’ shall be returned .

b) If an ‘Agency’ is put on Holiday List after opening of price bid but before finalization of the

tender, the offer of the ‘Agency’ shall be ignored and will not be further evaluated and the

BG/EMD if any submitted by the ‘Agency’ shall be returned, The ‘Agency’ will not be

considered for issue of order even if the ‘Agency’ is the lowest (L1). In such situation next

lowest shall be considered as L1;

c) If contract with the ‘Agency’ concerned is in operation, (including cases were contract

has already been awarded before decision of holiday listing) normally order for Holiday

Listing from business dealings cannot affect the contract, because contract is a legal

document and unless the same is terminated in terms of the contract, unilateral

termination will amount to breach and will have civil consequences.

ANNEXURE VI - GUIDELINES FOR BPCL EPROCUREMENT SYSTEM

Bharat Petroleum Corporation Ltd. has gone for online submission of bid through e-procurement system

on https://bpcltenders.eproc.in/

How to submit On-line Bids / Offers electronically against E-Procurement tenders?

Vendors / Bidders are advised to read the Instructions for participating in the electronic tenders directly

through internet (Bid Submission Manuals are available on the above mentioned E-procurement site)

Late and delayed Bids / Offers after due date / time shall not be permitted in E-procurement system. No

bid can be submitted after the last date and time of submission has reached. (However if bidder intends

to change the bid already entered may change / revise the same on or before the last date and time of

submission deadline). The system time (IST) that will be displayed on e-Procurement web page shall be

the time and no other time shall be taken into cognizance.

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.

No bid can be modified after the dead line for submission of bids.

What is a Digital Signature?

This 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

Why is a Digital Signature required?

In order to bid for BPCL 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.

Submission of Documents

Note: Vendor is required to save / store their bid documents for each item into their computers before

submitting their bid into e-tender.

Bidders shall make their own arrangement for e-bidding. The Price Bid and Un-priced Technical Bids

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. BPCL shall not be responsible in any way for failure on the part of the bidder to follow the

instructions. Further BPCL in any case will not be responsible for inability of the bidder in participating in

the event due to ignorance, failure in Internet connectivity or any other reason.

It is advised that the bidder uploads small sized documents preferably (up to 5 MB) at a time to facilitate

in easy uploading into e-Procurement site. BPCL does not take any responsibility in case of failure of

the bidder to upload the documents within specified time of tender submission.

Submission and Opening of Bids

Bid along with all the copies of documents should be submitted in e-form only through BPCL e-

Procurement system.

Before the bid is uploaded, the bid comprising of all attached documents should be digitally signed using

digital signatures issued by an acceptable Certifying Authority (CA) in accordance with the Indian IT Act

2000. If any modifications are required to be made to a document after attaching digital signatures, the

digital signature shall again be attached to the modified documents before uploading the same.

GENERAL CONDITIONS OF CONTRACT

• SEPARETLY ATTACHED / UPLOADED IN THE E-

PROFORMA OF INTEGRITY PACT

• SEPARETLY ATTACHED / UPLOADED IN THE E-

TENDER ISSUED BY –

Territory Manager (Retail)

Bharat Petroleum Corporation Limited

Barauni Territory (Bihar)