CIVIL, MECHANICAL & ELECTRICAL WORK AT NRO HAFUA BALRAM (KUSHINAGAR)

REQUEST FOR QUOTATION CRFQ -1000409132

NRO CONSTRUCTION JOB Bharat Petroleum

AT HAFUA BALRAM ON NH- Corporation

27, VILLAGE- HAFUA Territory Manager

BALRAM (TAMKUHI RAJ), Retail, Gorakhpur

DISTRICT KUSHINAGAR, Territory

GORAKHPUR RETAIL

REQUEST FOR QUOTATION CRFQ -1000409132

TENDER FOR NRO CONSTRUCTION JOB AT HAFUA BALRAM ON NH-27,

VILLAGE- HAFUA BALRAM (TAMKUHI RAJ), DISTRICT KUSHINAGAR,

GORAKHPUR RETAIL TERRITORY

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 –1000409132

Annexure I – Preamble

1. Quotations are invited for the “NRO CONSTRUCTION JOB AT HAFUA BALRAM ON NH-27,

VILLAGE- HAFUA BALRAM (TAMKUHI RAJ), DISTRICT KUSHINAGAR, GORAKHPUR RETAIL

TERRITORY” from the vendors with valid registration / required available financial limit with BPCL,

North and keenness to work at above mentioned site.

2. 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.

3. GST shall be payable extra as applicable.

4. The tender document has been created vide BPCL SAP Collective RFQ no.1000409132 .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]

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

https://bpcltenders.eproc.in/

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

site https://bpcltenders.eproc.in/

7. 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

8. 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.

9. 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.

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

11. 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

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

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

ADDRESS ADDRESS ADDRESS

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

Mandavelipakkam, Chennai GomatiNagar, Lucknow - Plot C-58/5, Sector

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

Mob. No. 9495511954 Mob. No. 8853760730 Mob. No.

12. Please visit the website https://bpcltenders.eproc.in for only downloading the tender document & for

participating in the tender and submitting your bid.

13. 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.

14. 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.

Himanshu Lokwal

Asst Manager Engg. Retail –

[email protected]

TERRITORY MANAGER RETAIL

Email Id: [email protected]

REQUEST FOR QUOTATION CRFQ -1000409132

Annexure II - Instructions to Tenderers

1. Competitive offers are invited from the limited parties registered / enlisted with BPCL for the NRO

CONSTRUCTION JOB AT HAFUA BALRAM ON NH-27, VILLAGE- HAFUA BALRAM (TAMKUHI

RAJ), DISTRICT KUSHINAGAR, GORAKHPUR RETAIL TERRITORY

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 with the bid.

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 endeavor 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 GORAKHPUR 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

“REGISTRATION IN MANUAL” available under the download section of the homepage of the

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. 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.

16. 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 has

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

17. 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.

18. 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 officials.

19. 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 BPCL.

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

20. 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:

FOR SYSTEM RELATED ISSUES –

21. 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 -1000409132

ANNEXURE - III: SPECIAL PURCHASE CONDITIONS

1. VALIDITY OF THE OFFER: Offers should remain valid for at least 180 days from the due date.

2. PLACE OF WORK / LOCATION: NRO CONSTRUCTION JOB AT HAFUA BALRAM ON NH-27,

VILLAGE- HAFUA BALRAM (TAMKUHI RAJ), DISTRICT KUSHINAGAR, GORAKHPUR RETAIL

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 / Elec.

4. PERIOD OF CONTRACT: 90 days from date of LOI / date of physical handing over the site to

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

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

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 Ramanujam Shri. Jagadip Narayan Singh Shri. Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross Street, C- 54, Bharatendu B-3/3, ‘Yarrows

Mandavelipakkam, Chennai Harischandra Marg, Anand Apartments’,Plot C- 58/5,

600028. Vihar, New Delhi- 110092 Sector

Noida, UP -201309

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

Mob. No. 9495511954 Mob. No. 9978405930 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 payable

“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

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 one year 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 and Reports.

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 is not applicable as tender is only floated to registered vendors.

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 - NRO CONSTRUCTION JOB AT HAFUA BALRAM ON NH-27, VILLAGE- HAFUA

BALRAM (TAMKUHI RAJ), DISTRICT KUSHINAGAR, GORAKHPUR RETAIL TERRITORY.

Bill Of Quantity – Relevant BOQ document is as per tender.

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

attached drawings/documents.

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

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 Manager

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

Office at Bharat Bhavan-I, 4&6 Currimbhoy Road, Ballard Estate, Mumbai-400001.

(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 provisions 3 years

of labour laws/ regulations / rules , safety norms,

environmental norms or other statutory requirements

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 / Contract 1 year

/ Purchase order after the same is issued by BPCL

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

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

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 the 3 years

Corporation, makes it undesirable to deal with the Agency;

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

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 Agency;

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 IT Act

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

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

PROFORMA OF INTEGRITY PACT

 SEPARETLY ATTACHED / UPLOADED IN THE E-

TENDER ISSUED BY –

Territory Manager (Retail)

Bharat Petroleum Corporation Limited

GORAKHPUR Territory (UP)