BHARAT PETROLEUM CORPORATION LTD CENTRAL PROCUREMENT ORGANISATION-REFINERIES MUMBAI REFINERY, MAHUL MUMBAI – 400074

TENDER FOR DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM AT BPCL -- MUMBAI REFINERY. TENDER CRFQ NO. CPO(R)/DISP/01/2016 E-TENDER NO: - 15797 DUE DATES FOR SUBMISSION: EXPRESSION OF INTEREST SUBMISSION OF BIDS

: 25th October 2016- 13:00 hrs (IST) : 30th November 2016- 13:00 hrs (IST)

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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

15

Information on e-tendering Portal

O

16

Non-Disclosure Agreement

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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 AT BPCL -- MUMBAI REFINERY Bharat Petroleum Corporation Ltd., invites bids for the tender for Disposal of Spent Catalyst containing Platinum from Continuous Catalytic Plant at BPCL-Mumbai Refinery. Approximate quantity of 7000 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 price bids, as per requirements mentioned in the attached tender. Tender can be downloaded from any of the following websites : • • •

e-Procurement Portal : https://bpcleproc.in BPCL Web : https://www.bharatpetroleum.in/tender/view-tenders.aspx → Select Department → CPO (Refineries) Central Public Procurement Portal : http://eprocure.gov.in/cppp

Bids are to be submitted in the online bidding platform on BPCL’s e-tendering portal: https://bpcleproc.in. DUE DATES FOR SUBMISSION: EXPRESSION OF INTEREST SUBMISSION OF BIDS

: 25th October 2016- 13:00 hrs (IST) : 30th November 2016 - 13:00 hrs (IST)

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1.0

CONTACT PERSONS

1.1

Please note that the tender enquiry is invited through e-tendering mode. In case of any clarification regarding the tender, following are the contact persons:-

1.2

FOR E-TENDERING RELATED ISSUES: If tenderers need some clarifications or are experiencing difficulties while enrolling or while participating in this e-Tender, please e-Mail to the following e-Mail ID along with the snapshots of the errors being faced to: Ajay Nandangi. e-Procurement Technologies Limited (Procure Tiger) Contact : 022-27764464, 2553 3128, 7208726400 E-Mail: [email protected] Satya narayan Behera e-Procurement Technologies Limited (Procure Tiger) Mobile no. - +91 90040 14223 Email ID - [email protected] [email protected] Contact Numbers +91 9099090830, +91 7940016816

1.3

FOR OTHER CLARIFICATIONS: For any commercial clarifications regarding this RFQ, please contact: Shri H.P. Panchal, Procurement Manager (CPO-R), BPCL – Mumbai Refinery, Mahul, Mumbai. Tel no. 022-25533117. E-mail: [email protected] Shri S. Sriram, Procurement Leader-CPO (R), BPCL – Mumbai Refinery, Mumbai Refinery, Mahul, Mumbai. Tel no.Tel. No.: 022-2553 3202. E-mail: [email protected]

Important : All updates, amendments, corrigenda, due date extensions etc, (if any) will be posted on the e-tendering portal / websites as and when required. There will not be any publication of the same through newspapers or any other media.

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ANNEXURE – B

TENDER PROGRAMME SCHEDULE Last Date for submission of Expression of Interest : Date & time of opening of Expression of Interest on e-platform: Date & time for sampling & packing, in the presence of participating bidders:

Last Date for submission of Technocommercial Bid (unpriced bid) and Price bid through e- platform. Date & time of opening of Technocommercial bid (un-priced bid) on eplatform: Date & time of opening of price bids on e-platform

25th October 2016- 13:00 hrs (IST) 25th October 2016 - 14:00 hrs (IST) 7th November 2016 09:30 Hrs IST to 11th November 2016 15:30 Hrs IST, at BPCL MUMBAI Refinery. (Tentative Schedule) 30th November 2016 -- 13:00 Hrs IST

30th November 2016 -- 14:00 Hrs IST

Confirmed date & Time will be communicated to technically qualified bidders.

Expression of Interest Hard copy of signed and stamped documents can be sent to BPCL-CPO(R), Mahul, Mumbai-400074. Techno-commercial Bids (unpriced bids) and Price bids can be submitted by uploading through BPCL’s e-tendering portal: https://bpcleproc.in. For submission of bid through e-tendering portal, bidder will need a digital signature and should register in the e-tendering portal. For any assistance in obtaining digital signature, registration and submission of Bid documents through e-tendering portal, bidders may contact our e-tendering service provider. The methodology of quoting the tender is as below: Part No.

EOI

Sr. No.

Description

Documents to be submitted with signed and stamped on all pages Part-1 (Expression Of Interest) Hard copy of signed and stamped documents to be sent to BPCL- CPO(R), Mahul, Mumbai-400074

1

FORMAT OF EXPRESSION OF INTEREST

Signed copy of Hard Document

2

SAMPLE MONEY DEPOSIT

3

INTEGRITY PACT AGREEMENT FORMAT

Signed copy of Hard Document

4

CERTIFICATE OF CPCB/SPCB OF HAZARDOUS WASTE

Signed copy of Hard Document

5

NON-DISCLORE AGREEMENT

Signed copy of Hard Document

Original Hard Document

Part-2 (Techno-commercial Un-Priced bids) Scanned copy of signed and stamped documents to be uploaded / filled on BPCL e-tendering portal i.e. https://bpcleproc.in 6

EARNEST MONEY DEPOSIT

Scan copy of Document

7

ACCEPTANCE-CUM-REGISTRATION FORM

Scan copy of Document

8

INSTRUCTION TO BIDDERS, SPECIAL TERMS & CONDITIONS & GENERAL TERMS & CONDITIONS

Scan copy of Document

9

UN-PRICED BID

10

TECHNICAL DEVIATION FORM

Scan copy of Document

11

APPLICABLE CHARGES, TAXES, DUTIES, FREIGHT ETC.

Scan copy of Document

12

PRICED BID

Part-1

Part-2

To be filled in e-tendering Portal

To be filled in e-tendering Portal

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ANNEXURE – C 1.

INSTRUCTION TO BIDDERS: 1.1. BPCL intends to dispose off 7000 Kgs (estimated quantity) of spent catalyst Fines containing Platinum from CCR Unit - Mumbai Refinery (MR). 1.2. The sieving activities have been completed. Actual quantity of spent catalyst Fines and estimated platinum 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 Annexure-F. 1.3. The disposal would be through competitive bidding. The party interested in bidding shall submit their bids mentioning the recoverable metal content, 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. Sample Deposit: 1.6.1. Interested Indian 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 amount by Wire Transfer for an amount of USD 1500 (US Dollars One Thousand Five Hundred only) or EURO 1350 (EURO One Thousand Three Hundred Fifty only). The EOI along with Sample Deposit (original DD / Pay Order / proof of wire transfer / NEFT) should be submitted in a sealed envelope by post /courier to The 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.

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1.6.2. 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: For Indian Bidder: 1 2 3 4 5 6 7 8 9 10

Name of the Beneficiary Name of the Bank Branch Code Branch Address Branch Telephone Fax no NEFT IFSC Code Account Type Account No. RTGS IFSC Code MICR Code

Bharat Petroleum Corporation Ltd Standard Chartered Bank 222 90, M G. Road, Mumbai 4000 001 18002663666/18001033666 022-267588081/26758822 SCBL0036001 11 (Current ) 22205020115 400036002

For Foreign Bidders: 1

Beneficiary Name

Bharat Petroleum Corporation Limited

2

Bank Name

Standard Chartered Bank

3

Branch Address

90, M G Road, Fort, Mumbai-1

4

USD Account no

22205032520

5

Swift Code

SCBLINBBXXX

6

BSR Code

6470036

Bidders may kindly note that 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. 1.7. Bidders are required to sign a Non-Disclosure Agreement (NDA) with the original catalyst supplier (M/s. Axens) as per the prescribed format mentioned in Annexure P. and same to be sent along with Expression of Interest. 1.8. Integrity Pact Document (Annexure-M), duly signed and stamped to be sent along with Expression of Interest. 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 fines under disposal at BPCL Mumbai Refinery. Bidders can witness sampling and packing activities and also take samples of the spent Catalyst fines 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. 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.

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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. 1.11. 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 Indian bidders are required to submit their offer along with an EMD amount of Rs. 1,00,000/- (Rupees One Lakhs 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. Demand Draft to be submitted in a sealed envelope, by post/ courier to The 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. Foreign Bidders may submit amount by Wire Transfer for the EMD amount of USD 1500 (US Dollars One Thousand Five Hundred only) or EURO 1350 (EURO One Thousand Three Hundred Fifty only). 1.12.2. EMD can be paid also through electronic funds transfer to BPCL Bank Account details of which are mentioned in clause 1.6.2 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. 1.13. Techno- Commercial bid, i.e., Un-priced Bid shall have the following information/ details : a. b. c.

d.

Proof of submission of EMD – Scanned copy of Demand Draft / Copy of Bank Transfer confirmation to be uploaded in e-procurement platform. Acceptance –cum-Registration Form (Annexure -L) duly filled in 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. 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.

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e.

f. g.

h.

Annexure G (Un-priced bid) with prices Blanked off, but after filling up the information relating to estimated Platinum Contents in Grams per Kg of spent catalyst as also estimated Platinum Recovery Factors in % and Ex. Duty, VAT/ CST & TCS applicability as required therein. Any other relevant information. 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. Deviation Form in Annexure J duly filled and signed.

1.13.1. Techno-commercial Bids (unpriced bids) consisting of the documents/ information as mentioned above is to be submitted by uploading through BPCL’s e-tendering portal:

https://bpcleproc.in. 1.13.2. Evaluation of quotes shall be based on the total basic price for the total quantity of Spent Catalyst Fines, as detailed in Annexure D. 1.13.3. PRICE BID SUBMISSION:- Following data shall be filled in our e-procurement portal: • • •

Currency Fixed Premium / Discount towards Platinum, Indicate Plus (+) or Minus (-) as the case may be. Fixed Premium / Discount in quoted currency per Kg of Spent Catalyst.

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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 60 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. As the Government of India is likely to introduce a uniform tax system across India i.e. The Goods and Services Tax or GST which will replace various taxes & duties levied currently by the Central and State governments. Hence if GST is applicable before finalization of this tender, the same shall be applicable and price evaluation shall be done based on new GST. 1.1.4. Bid price consists of amount towards recoverable Platinum content, per KG of the spent catalyst, as per bidder’s offer. Platinum Price would be based on the ruling Platinum Prices in London Platinum Market (LPPM) as published in LME’s website (as defined in 1.1.6) premium/discount as quoted by the bidder. 1.1.5. BID SUBMISSION UN-PRICE, PRICE & EVALUATION: 1.1.5.1. Bidders will be required to quote for the following after final quantities (after sampling and packing) separately for Spent Catalyst (Fines) in Techno commercial (Un-priced Bid).

Sr. No.

1

Spent catalyst from CCR Unit Sieved, sampled, weighed & packed (1) SPENT CATALYST FINES (AXENS - CR 601)

PLATINUM Content in Grams per Kg of spent catalyst as per bidder’s analysis

Expected Recovery % as per bidder’s analysis

(2)

(3)

Bidder to quote

Bidder to quote

1.1.5.2. 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 CCR Unit. Sieved, sampled, weighed & packed (1)

1

SPENT CATALYST FINES (AXENS - CR 601)

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

(2)

(3)

Bidder to quote

Bidder to quote

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1.1.6. EVALUATION Evaluation of Bids shall be done as under : Bid submission Price = (Spent Catalyst sale price per kg of Spent Catalyst x Net Wt of Spent Catalyst 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 %) +/- Fixed Premium or Discount per Kg of Spent Catalyst. Average of LME Fix Platinum 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 LME prices are available). LPPM Platinum 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 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. 1.1.7. 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 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 60 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 LME prices are available, prior to the release of sale order. This would be subject to the overall time limit of 60 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 LME’s website (http://www.lme.com/metals/precious-metals/platinum/) would be considered.

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2. 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. 3. Published LME Platinum 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. 4. Price bid should be valid for placement of sale order within 60 days of price bid opening date. 5. LME rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the USDINR exchange rate published by State Bank of India (SBI- TT selling rate). 6. Bidder with the highest Total Bid Submission Price as calculated above would be the successful bidder. 1.1.8. Payment Terms & Material Lifting Time: 1.1.8.1.

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.

1.1.8.2.

Material Lifting Time for Indian Bidders:Material shall be lifted out of our Refinery premises within 7 days of effecting payment.

1.1.8.3.

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.

1.1.9. 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.

1.1.10. 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

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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. 1.1.11. 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 4 Kgs. 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 115 (US Dollar One Hundred and Fifteen only) or EURO 105 (EURO One Hundred and Five only), as the case may be. 1.1.12. Used Catalyst Management: 1.1.12.1. 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. 1.1.12.2. 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. 1.1.12.3. 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.

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1.1.12.4. 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. 1.1.12.5. 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.

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ANNEXURE - E 1. GENERAL TERMS & CONDITIONS : 1.1. 1.2. 1.3. 1.4.

1.5. 1.6.

1.7.

1.8.

1.9.

1.10.

1.11. 1.12. 1.13.

1.14.

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. The decision of BPCL is final and binding in all matters related to this sale. 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. 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. 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 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.

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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.

1.18.2.

1.18.3.

1.18.4. 1.18.5.

1.18.6.

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. 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. 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. Once uplifted material left BPCL gate, BPCL should be indemnified with all kinds of external effect, whatsoever may be. 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. All workmen employed by the buyer has to use personal protective equipment’s 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.

Page 16 of 38

1.18.7.

1.18.8.

1.18.9.

1.18.10.

1.18.11.

1.18.12. 1.18.13. 1.18.14.

1.18.15.

1.19.

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. 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. 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. 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. 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. Inspection must be done with prior appointment only. 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. 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. 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.

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:

Page 17 of 38

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.

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 Company against the Contractor 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 and finally resolved by Sole Arbitrator, who shall be appointed by Director (Refinery) of BPCL as per the procedure given in sub-clause (b) given herein below.

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1.23.2. Procedure for appointing the sole arbitrator: A party wishing to commence an arbitration (the “Claimant”) shall file with the Director (Refinery) of BPCL a Notice of Arbitration which shall comprise: i. a demand that the dispute be referred to arbitration; ii. a reference to the arbitration clause or the arbitration agreement that is invoked and a copy of it; iii. a reference to the contract out of or in relation to which the dispute arises and where possible, a copy of it; iv. a brief statement describing the nature and circumstances of the dispute, specifying the relief claimed and, where possible, an initial quantification of the claim amount. v. any other details which the claimant wishes to refer and rely upon. Upon receipt of the above notice of arbitration, the Director (Refinery) of BPCL shall appoint the Sole Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996. 1.23.3. The venue of arbitration shall be Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery). The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause. 1.23.4. The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute, before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him. 1.23.5. 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 in issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration 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 therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Refinery). 1.23.6. The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other technical person to assist him, and to act by the opinion so taken. 1.23.7. The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims of cross claims of the parties. 1.23.8. The arbitrator shall be entitled to direct any one of the parties to pay the costs to the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

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1.23.9. The parties hereby agree that the courts in the city of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery) 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 (if so required) in the concerned courts in the city of Mumbai (in case of Mumbai Refinery) or Kochi (in case of Kochi Refinery) only. 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 1.25.

POLICY FOR ‘HOLIDAY LISTING’ OF VENDORS IN BPCL:

1.25.1. The guidelines for holiday listing shall be applicable as per web link given below: https://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pd

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ANNEXURE F TECHNICAL DETAILS OF SPENT CATALYST

Spent Catalyst from CCR (Continuous Catalytic Reforming) unit. Sl. No.

Description

Data

1

Catalyst type

Axens CR-601

2

Approx. quantity of spent catalyst containing Platinum after sieving 7000 Kgs. Fines (*)

3

Approx. quantity of Platinum as per fresh catalyst

17.50 Kgs.

(*) Quantity mentioned is approximate. Exact Quantity of Platinum based Catalyst will be ascertained after sampling and weighment activities.

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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”

Sr. No.

1

PLATINUM

Spent catalyst from CCR Unit. Sieved, sampled, weighed & packed

Content in Grams per Kg of spent catalyst as per bidder’s analysis

Expected Recovery in % as per bidder’s analysis

(1)

(2)

(3)

SPENT CATALYST FINES (AXENS - CR 601)

Bidder to quote in Figures and words

Bidder to quote in Figures and words

TABLE-B CURRENCY : ______________ Sr. No.

1

Date

Fixed Premium / Discount per KG of Spent Catalyst

Spent catalyst from CCR Unit. Sieved, sampled, weighed & packed

Indicate Plus (+) or Minus (-) as the case may be

Fixed Premium / Discount AMOUNT in Quoted Currency per Kg of Spent Catalyst

(1)

(2)

(3)

QUOTED / NOT QUOTED

QUOTED / NOT QUOTED

SPENT CATALYST FINES (AXENS - CR 601)

:

Signature of Authorised Signatory with Name & designation and Co. Seal.

Name & full address of the Firm : M/s. _______________________

Page 22 of 38

Bidders are required to mention applicable/ not applicable against each of the points mentioned in Table – C below: TABLE-C

Sr. No.

Applicable / Not Applicable

Description

Remarks (If mentioned as Not Applicable, reasons to be mentioned here)

1

Excise Duty @ 12.50% 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) 2 (b)

3

VAT Extra @ 12.5 % Basic price + Excise duty (Without ‘C’ Form) CST Extra @ 2 % Basic price + Excise duty (Against ‘C’ Form) 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 ME/US. ”.

Date

:

Signature of Authorised Signatory with Name & designation and Co. Seal.

Name & full address of the Firm : M/s. _______________________

Page 23 of 38

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 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 Spent Catalyst x Net Wt of Spent Catalyst in Kgs) Spent Catalyst Sale Order price per Kg of Spent Catalyst will be calculated as below : (Platinum rate per Gram x Platinum Content in Grams per Kg of Spent Catalyst x Expected Recovery %) +/- Fixed Premium or Discount per Kg of Spent Catalyst. Platinum rates per Gram will be calculated by adjusting the Bid Submission Price of the successful bidder to the Platinum prices prevalent at the time of issuing of sale order (average of 7 days’ LPPM Platinum 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 LME prices are available, prior to the release of sale order. This would be subject to the overall time limit of 60 days (from price bid opening date). Average of LME Fix Platinum 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 LME prices are available. LME Platinum 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 Content in Grams per Kg of spent catalyst, expected Recovery %, +/- Fixed Premium or Discount per Kg. of Spent Catalyst will be taken from bidders’ quotation. Foreign bidders are required to quote in USD or EURO.

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NOTES : 1. For calculating Average of LME Platinum Price, the daily LPPM Platinum Fix Price as published in LME website (http://www.lme.com/metals/precious-metals/platinum/) would be considered. 2. 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. 3. Published LME Platinum 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. 4. Price bid should be valid for placement of sale order within 60 days of price bid opening date. 5. LME rate per Troy Ounce in USD will be converted to rate in Indian rupees by applying the USDINR exchange rate published by State Bank of India (SBI- TT selling rate). 6. Bidder with the highest Total Bid Submission Price as calculated above would be the successful bidder.

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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. 2. 3. 4. 5. 6. 7. 8.

Tare weight of each empty drum shall be recorded prior to its filling with spent catalyst. Each drum containing spent catalyst shall be numbered for identification. The sieved spent catalyst (Fines) shall be filled to respective drums. One jug of fines shall be removed from filled drums and for sampling. Gross weight of each drum, containing spent catalyst Fines, shall be recorded. Drum shall be sealed. Fines collected from all the filled drums as at step 4.0 shall be mixed and heaped together. With the method of coning and quartering, 1-4 kgs samples of spent catalyst shall be collected in bottles and sealed. The number of 1-4 kgs samples of spent catalyst will be determined by the number of parties participating in the bid. 9. The remaining fines shall be transferred to separate empty drums (previously weighed and recorded). Total weight of the fines will be recorded. 10. 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 2). c) Net weight of fines for each drum (Step 3). d) Total weight of catalyst filled drums (Step 4). e) Total net weight of spent catalyst (Fines) (Step 5)

11. Distribution of samples for Platinum assay and record will be as follows : • Samples of spent catalyst for each participating bidders. • Samples of spent catalyst for BPCL analysis. • Samples of spent catalyst for future reference, to be kept with BPCL. 12. Sample Quantities:Maximum of 4 kgs of samples for platinum recovery will be distributed to each participating bidder, for carrying out platinum recovery. 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 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.

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Annexure-J DEVIATION FORMAT : DISPOSAL TENDER NO. CPO(R)/DISP/01/2016-17 E-TENDER No.15797

Sl.No. / Annexure

Reference Clause of Tender Document

Deviation

Signature of Authorised Signatory with Name & designation and Co. Seal.

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ANNEXURE- K EXPRESSION OF INTEREST (to be submitted in bidder’s letter head) Bidder’s Ref. No :

Date :

To, The 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 at BPCL-Mumbai Refinery (Your Disposal Tender No. CPO(R)/DISP/01/2016. E-Tender no.15797). 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 28 of 38

ANNEXURE - L Format of Acceptance – cum - Registration form (to be submitted in the bidder’s Letter Head ) Bidder’s Ref. No :

Date :

To: The General Manager (CPO-Refineries), Bharat Petroleum Corporation. Ltd., BPCL Refinery, Mahul, MUMBAI – 400074.

Dear Sir,

Sub : Tender No: . CPO(R)/DISP/01/2016 (E-TENDER NO.15797) issued by CPO-Refineries, BPCL for Disposal of Spent Catalyst containing Platinum 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

___________________________________________________

Central Excise Registration No:______________________________________

Page 29 of 38

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 30 of 38

ANNEXURE - M

BHARAT PETROLEUM CORPORATION LIMITED Central Procurement Organisation (Refineries)

INTEGRITY PACT Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And …………………………………………………………………………………………….. hereinafter referred to as "The Bidder/ Contractor/ Supplier". Preamble The Principal intends to award, under laid down organization procedures, contract/s for Tender for “DISPOSAL OF SPENT CATALYST CONTAINING PLATINUM AT BPCL MUMBAI REFINERY” (CRFQ NO. CPO(R)/DISP/01/2016 (E-TENDER NO.15797). 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.

(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.

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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.

(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.

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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.

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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.

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Section 10 - Other Provisions (1)

This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document/ contract shall not be applicable for any issue/ dispute arising under Integrity Pact. (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)

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ANNEXURE - N

PRICE BID SUBMISSION

Tender No. CPO(R)/DISP/01/2016, e-Tender No.15797 Item: SPENT CATALYST FINES CONTAINING PLATINUM FROM CCR UNIT OF BPCL MUMBAI REFINERY.

Bidders are requested to fill the following data in our e-procurement portal. 1) Currency 2) +/- Fixed Premium or Fixed Discount per Kg of spent Catalyst, Indicate

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ANNEXURE - O

INFORMATION ON E-TENDERING PORTAL 1)

The bidder is requested to download the tender from BPCL’s e-tendering website https://bpcleproc.in and participate in the tender as per the instructions given above and herein, on or before the due date and time of the tender. The tender available on the BPCL website 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://bpcleproc.in.

2)

For registration on the e-tender site https://bpcleporc.in, bidder needs to download the Instructions to Vendors document from the site and read it. They shall select “Register” and complete the “Bidder Registration Form” by filling in all the information correctly. Kindly remember the login id (e-mail), password entered therein. After completing this process, you will receive a system generated e-mail, click on the link and complete balance Registration process.

3)

As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Certificate of Class III and above 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 Bidder. In case any Bidder so desires, he may contact our e-procurement service provider M/s. E Procurement Technologies Limited, (Contact Number +91 9099090830, +91 7940016816) for obtaining the digital signature certificate. Please note that generally, it takes 5 working days for obtaining a digital certificate after the submission of all required documents / fees. Non availability of Digital Certificate shall be considered as the bidder’s regret.

4)

In case any corrigendum/amendment is issued after the submission of the bid by any bidders, then such Bidders, 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 Bidder. They have the choice of making changes in their bid before the due date and time. No communication other than the above will be circulated regarding Corrigendum / amendment, if any.

5)

Bidders are required to submit their bid online on or before the due date and time of closing of the tender as depicted in this document. Bidders shall have to log on to the website (https://bpcleproc.in) for submitting their bid. The system time (Indian Standard 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. Bidders 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 Bidder intends to change/revise the bid already entered, he 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. Once the entire process of submission of online bid is complete, the Bidders are required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid. Page 37 of 38

6)

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 elapsed.

7)

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

8)

Once the PQ Bid / Technical (or) un-priced bids are opened, bidders can see the list of Bidders who have participated in the bid by logging on to the portal under their user ID and password and clicking on “Other Bids” view. Subsequently, in case the price bids are opened in E Tendering platform, Bidders can see the rates quoted by all the participating bidders using the same option.

9)

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

10)

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.

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