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SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS UNDER NR

TENDER NO. : RCC/NR/ SAFETY/ PT -205/2017-18

(Marketing Division)

Regional Contract Cell


rd
3 Floor, Indian Oil Bhawan,
1, Sri Aurobindo Marg, Yusuf Sarai
New Delhi - 110 016.

TENDER NO. : RCC/NR/SAFETY/ PT-205/2017 - 18

तकनीकी नननिदा

Tender Document For


नननिदा दस्तािेज़

SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS UNDER


NORTHERN REGION
उत्तरी क्षेत्र की लोके शनों के नलए लैंडिंग िाल्ि की आपूर्तत

Last Date & Time for Submission of Tender: 12.03.2018 at 11:00 hrs.
नननिदा अपलोिं करने की अंनतम नतनि एिं समय
Opening of Technical Bid: 13.03.2018 at 11:00 hrs.
तकनीकी नननिदा खोलने की अंनतम नतनि एिं समय

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TABLE OF CONTENTS

Sl.No. Description of Contents


PART-A
TECHNICAL/COMMERCIAL BID
1. Notice inviting e – Tender (N.I.T)
2. Technical Specifications
3. Special Taxation Clause
4. Tender Evaluation Criteria
5. Special Instructions to the bidders for participating in E-tender
6. Important Guidelines to Tenderers
7. General Terms and Conditions Of the Tender
8. General Conditions of Contract (GCC)
9. ANNEXURE-I Contact Details of Tenderer
10. ANNEXURE-II Statement of Credentials
11. ANNEXURE-III Details of Capabilities w.r.t. Manufacturing
Facilities
12. ANNEXURE-IV Check list for Tenderer
13. ANNEXURE-V Undertaking by the tenderer(s)
14. Annexure-VI Details of Relationship with IOC’S Directors etc.
(Part-A to Part-C)
15. Annexure-VII Declaration ‘D’
16. Annexure-VIII Declaration of Black Listing/Holiday Listing
17. Annexure - IX Performa for Bank Guarantee for Earnest Money
Deposit
18. Annexure-X Performa for Indemnity Bond for Lost Deposit
Receipt
19. Annexure-XI Performa for Bank Guarantee towards Security
Deposit.
20. Annexure-XII Performa for Purchase Agreement
21. Annexure-XIII Performa for Warranty/Guarantee
22. Annexure-XIV Performa for Performance Bank Guarantee
23. Annexure-XV Format for giving consent and bank details on
letter head
24. Annexure-XVI MSME Details
25. ANNEXURE-XVII List of Board of Directors
26. ANNEXURE-XVII Undertaking for GSTIN
27. ANNEXURE-XIX Undertaking for Non tampering

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NIeT (NOTICE INVITING e-TENDER)

FOR SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS


UNDER NORTHERN REGION.

Tender Ref: RCC/ NR/ SAFETY / PT – 205/ 2017 - 18

1. Indian Oil Corporation Limited (Marketing Division) Northern Region, New Delhi
invites electronic bids through its website https://iocletenders.gov.in from
experienced, established Tenderers in prescribed tender form under ”TWO BID
SYSTEM”, a) “Technical Bid with Commercial Terms without Price” and b) “Price Bid”
as per the following details:

Date of
Cost of Down Last Date of opening of
Tender No. / Name of Tender EMD Loading of Pre-Bid Tender Technical
the work Document (Rs.) Tender Meeting Uploading By bid
(Rs.) Starts Bidders (Due date &
Time)

RCC / NR / SAFETY/
PT – 205/ 2017 - 18

Supply of Single
headed Landing 28.02.2018 12.03.2018
Valves for locations 20.02.2018 13.03.2018
19725/- at 11:00 Up-to 11:00
under Northern NIL at 11:00 at 11:00 hrs.
Hrs hrs.
Region hrs.

Total Estimated
Cost:
Rs. 19.72 Lac

Contact Person: - Manager (Contracts), Regional Contract Cell, Northern Region, Tel. no. (011)
26518080 Ext. 2350
Email: mdwivedi@indianoil.in

Please visit our web site http://iocletenders.gov.in/ for tender documents & further details

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2. Delivery Schedule: 4 (Four months) from the date of placement of Purchase Order.

3. EMD: Rs.19725/-

MODE OF PAYMENT:
IN ONLINE MODE ONLY

EXEMPTED CATEGORIES FOR EMD:


PARTIES REGISTERED UNDER MSME ACT, 2006 (OR ERSTWHILE NSIC) FOR SIMILAR
TYPE OF WORKS. CENTRAL/STATE PSUs AND JOINT VENTURES OF INDIAN OIL.

NON-SUBMISSION OF THE SAME BEFORE DUE DATE AND TIME, WILL LEAD TO
TECHNICAL DISQUALIFICATION.

BIDDERS ARE ALSO REQUESTED TO UPLOAD SCANNED COPY OF EMD INSTRUMENT OR


EXEMPTION CERTIFICATE (IF APPLICABLE) WHILE SUBMITTING THE e-TENDER.

No relaxation of EMD can be obtained by any of the tenderer, if the validity of certificate
submitted for EMD exemption is expired or Any such tenderer should submit the EMD,
otherwise their bid for that item will be summarily rejected.

4. Tender documents are available on our website www.iocletenders.gov.in and


can be downloaded from website.

5. Tenderer who is willing to accept our tender conditions stated in the enclosed documents
should only quote for this tender. TENDERS WITH COUNTER CONDITIONS
IMPOSED BY TENDERER MAY BE REJECTED.

6. Important Dates Regarding Schedule of Tender:

Downloading of Tender Form starts from : 20.02.2018 at 11:00 Hrs


Pre Bid Meeting : 28.02.2018 at 11:00 Hrs
Bid Submission Start Date : 05.03.2018 at 11:00 Hrs
Uploading of Tender by Bidders closes on : 12.03.2018 at 11:00 Hrs
Due date of Tender opening : 13.03.2018 at 11:00 Hrs.
(Technical Bid Only)

7. Pre-Qualification criteria for parties:

I. The Bidder should have experience of having successfully completed purchase order (s)
for supply of similar safety item(s) during any of the last five preceding years ending
on 31.01.2018. The value (on landed cost basis) of the order(s) being as follows:

 One similar completed purchase order (on landed cost basis) of value not less than
Rs.9,86,244/- (50% of the estimated amount).

OR

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 Two similar completed purchase orders (on landed cost basis) each amounting to
value not less than Rs.7,88,996/- (40% of the estimated amount).

OR

 Three similar completed purchase orders (on landed cost basis) each amounting to
value not less than Rs. 5,91,747/- (30% of the estimated amount).

Definition of Similar work:

 Experience in successful Supply of Single Headed Landing Valves.

The Work Order should contain the above similar work item and for qualification purpose
the entire executed value of WO (which may contain any other item) shall be considered

ONLY WORKS AS DESCRIBED ABOVE WOULD BE ACCEPTED AS SIMILAR WORK.


o Value of final executed supply/work(s) shall be considered while evaluating order
value as qualifying parameter.

Following documents must be submitted in support of above:


 Copy of PO(s)/Rate Contracts
 Completion certificate of PO/RC(s) completed during last five years i.e.
 1st February’2013 till 31st January’2018

`
Following documents must be submitted in support of above:
 Copy of PO(s)
 Documentary proof of completion/execution of PO(s). Any of the following
documents are required against completion :
 Proof of payment as per bank statement duly certified by bank along with
payment advice from purchaser
 Proof of receipt of material at purchaser’s end
 Bill duly signed & stamped by the purchaser
 completion certificate duly signed & stamped by purchaser
 Copy of challan / tax invoice along with copy of LR/GR duly received by
purchaser
 Installation / commissioning report certified by purchaser

 NOTE: In case of SAP Purchase Order/Annual Rate Contract issued by


Indian Oil Corporation, status of completion of Pos/RCs can be checked
internally.
 Documents are required to submitted against proof of completion of work for
following cases:
 A) In case of work order from Government Bodies/PSUs- Copies of contract
document along with either completion certificates or duly certified copy of
final bill/invoice.
 B) In case of similar order executed for Private Parties, bidder should submit
copy of relevant TDS certificate or Bank statement along with completion
certificate and Copies of contract documents.

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II. The turnover during any of the preceding three financial years i.e. 2014-15,
2015-16 and 2016-17 should be at least Rs.11,83,493/- (60% of the
estimated value). Following must be submitted in support of above:

Following must be submitted in support of above:

Annual Returns (Audited Balance Sheet and Profit & Loss Account Statement) of
three complete years i.e. 2014-15, 2015-16 & 2016-17. (In case of un-availability
of audited balance sheet for 2016-17, audited balance sheet of 2013-14 may also
be considered).
However, if the renderer is not required to get its account audited under section
44AB of Income tax act, 1961, certificate from practicing Chartered Accountant
towards the turnover of tendered along with copies of income tax returns to be
submitted.

III. The bidder should have the spare capacity to manufacture / supply the item.

 The bidder need to submit the declaration showing existing capability and
commitment details in the following format:

S. Name of Item Installed Capacity Capacity Spare capacity


N tendered capacity/ already committed
o. Storage committed against this (No. per month)
capacity tender
(No. per month) (No. per month) (No. per month)

Notes:
a) Factories/works of all the tenderers /bidders meeting all the pre-
qualification criteria (PQC) given above may be inspected by IOCL
official for verification of their installed capacity etc.

IV . OTHER COMMERCIAL CRITERIA (MANDATORY DOCUMENTS)

Following other criteria shall also be considered for commercial evaluation:


Sl no Description
1 PAN CARD.
2 GST Registration Certificate (GSTIN no.)
The party should submit valid GSTIN number. As payment can be released only after obtaining the
GSTIN no, the parties who do not have GSTIN number shall obtain the same before payment is
made. Please note that no payment shall be released till same is obtained. Please note that
corporation shall not be responsible for delay in payment or no payment due to above.
In case GSTIN no is not available, an undertaking must be uploaded along with the bid in the format
specified.
3 Partnership deed or Certificate of Incorporation with Memorandum & Articles of Association
4 Power of Attorney:
Authority of the person uploading the bids with his DSC shall be required to be submitted in the bids.
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Document required showing the authority of the person uploading & submitting the bid with his Digital
Signature Certificate shall be as given in the following table.

In case of Proprietary Concern  If the bid is submitted by the proprietor, no POA


required. However, he will upload undertaking
certifying that he is sole proprietor.
 If the bid is submitted by person other than
proprietor, POA authorising the person to
submit bid on behalf of the concern.

In case of Company  Certified copy of Board Resolution authorising


the person submitting the bid on behalf of the
company.
OR
 POA and the supporting Board Resolution
authorising the person submitting the bid on
behalf of the company.

In case of Partnership Firm / LLP POA along with Deed of Partnership / LLP Agreement.

In case of Co-Operative Society Copy of resolution passed as per Society Rules.

5 Declarations for non tampering of tender (on letter head)


6 Declarations for “Holiday Listing” (on letter head)
7 Declarations “ A, B, C & D”
8 Undertaking as per format for Acceptance of Tender Terms and Conditions (on letter head)
Bidders shall upload this document against submission of complete set of technical bid documents as
a token of their acceptance.
9. Confirmation for GST as per format attached separately with tender.

8. VERIFICATION OF DOCUMENTS:-

 Document verification with originals shall be carried out only for the
successful bidders (s) after opening of price bids. The technical
qualification of the bidders shall be based on the document submitted
by bidders in the tender. Recommendations for award of contract shall
be made only after verification of documents with originals of the
successful bidder (s).
 In the case of empanelment tenders, document verification with
originals shall be carried out for all the technically qualified bidders
before making recommendations for empanelment.
 As the documents are being submitted by the bidders in tenders, the
responsibility of authenticity of documents shall be with bidders.
 Only documents against Pre Qualification criteria shall be verified with
originals.
 In case it is observed that the L1 party has submitted forged
documents, besides cancellation of tender, necessary action for

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holidays listing of the party in line with guidelines shall be carried out
including forfeiture of EMD.
 However statutory documents may be verified from online portal.
 The bidders shall be required to present their original documents to
tender inviting authority within a period of 7 days from date of opening
of Price bids or date of intimation as specified in the tender.
 Please note that in event of failure of the bidder to get the documents
verified as per the specified schedule, the EMD of the party shall be
forfeited.

Indian Oil reserves the right to accept or reject any or all tenders at their sole
discretion without assigning any reason whatsoever.

Taxes and duties on the date of opening of the price bids will be applicable.
However, any changes in the taxes and duties and polices as per the govt.
notification will be considered for evaluation of tender.

9. The Corporation reserves the right to accept any tender in whole or in part
and reject any or all tenders without assigning any reasons. The
Corporation is not bound to accept the lowest rate for any tender and
reserves the right to accept one or more tenders in part. In such a situation,
IOCL will not be liable to pay any cost incurred by the bidder for the Tender.”

10. In case of unscheduled holiday on opening day of tender, the next working
day will be treated as scheduled prescribed day of opening of tender. Time
and venue will remain same.

Notwithstanding any other condition / provision in the tender documents,


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

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A. Technical Specifications for Single Headed Landing


Valves

------------Attached separately with the Tender----------------------------

Scope of Inspection

1. Inspection of the material will be carried out by the 3rd Party Inspection
Agency before dispatch of the material at the vendor’s premises as per the
specifications, QAP etc.
Representatives from IOCL at their option shall witness the inspection along
with the
third party. Vendor has to inform well in advance of such TPI inspection.
Inspection
charges will be borne by vendor.

The list of 3rd party Inspection Agencies is:

1. M/s BVIS, 217/219,


2nd floor, Race Course tower, Race Course, Baroda.

2. M/s PDIL, PDIL Bhawan,


A-14, Sector 1, Noida (UP).

3. M/s Phistream Consulting Pvt Ltd,


C-56A/5, First floor, Institutional area, Sector 62, Noida (UP).

4. M/s International Certification Services Pvt Ltd,


22/23, Goodwill premises, Swastik estate, 178, CST road, Kalina, Santa
Cruz (E),
Mumbai.

5. M/s Tata Projects Ltd,


Rung Udyan Building No. 1, 2nd floor, Sitladevi temple road, Mahim (W),
Mumbai.

6. M/s PRS Engineering Consultants,


13/102, Namrata, Sec-16, Koparkharne, New Mumbai.

7. M/s Indian Register of Shipping,


52A, Adi Shankaracharya marg, opp. Powai lake, Powai, Mumbai.

8. M/s Dash Inspectorate Pvt Ltd,


VIP road, Karelibaug, Vadodra (Gujrat).

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SPECIAL CONDITIONS OF CONTRACT- TAXES


The following clauses are relevant for tenders involving PURCHASE OF
GOODS and/or SERVICES:
Clause Description
No.
DEFINITIONS
1 Contractual period / Work Completion Period /Contractual Delivery Date / Contractual Completion
Period shall mean the Scheduled Delivery / Completion Period as mentioned in the LOA (Letter of
Acceptance) or Purchase Order or Work Order and shall also include approved extensions, if any.

GENERAL
1 Where any portion of the GCC/any other section of tender, is repugnant to or at variance with any
provision of the Standard Taxation Condition (STC), then the provision of the STC shall be deemed
to override the provisions of the GCC and shall, to the extent of such repugnance or variations,
prevail.
2 For the purpose of this STC, the term “tax” in addition to tax imposed under CGST (Central
Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/ GST Compensation Cess
Acts, also includes any duties, cess or statutory levies levied by central or state authorities.
3 Rate variation in Taxes and any new promulgated taxes after last date of the submission of price
bid only on the final product and/or services (applicable to invoices raised on IOCL) within the
contractual delivery date /period (including extension approved if any) shall be on IOCL’s Account
against submission of documentary evidence.

Further , in case of delay in delivery of goods and/or services, any upward rate variation in Taxes
and any new promulgated taxes imposed after the contractual delivery date shall be to the Seller’s
/ Contractor’s Account.

Similarly in case of any reduction in the rate(s) of the Taxes between last date of submission of
price bid relevant to the Contract and the date of execution of activities under the contract, the
Contractor shall pass on the benefit of such reduction to IOCL with the view that IOCL shall pay
reduced duty/Tax to Govt.

4 Wherever any escalation / de-escalation linked to raw material price (Basic price excluding taxes) is
allowed as per terms of the contract, Variation to the extent related to escalation / de-escalation of
value of material shall be allowed without Tax unless specified otherwise.

5 It would be the responsibility of the contractor to get the registration with the respective Tax
authorities. Any taxes being charged by the Contractors would be claimed by issuing proper TAX
Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed
under the respective tax laws and also to mention his correct and valid registration number(s)
along with IOCL’s registration number as applicable for particular supply on all invoices raised on
IOCL.

Contractor to provide the GSTIN number from where the supply is proposed to be under taken.
Further the HSN Code / Service Accounting Code (SAC) as applicable for the subject tender needs to
be provided in the columns provided in the technical bid.

In case the contractor is opting for Composition scheme under the GST laws (i.e Section 10 of the
CGST Act, 2017 and similar provisions under the respective State / UT law), the contractor should
confirm the same. Further the contractor to confirm the issuance of Bill of Supply while submission

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Clause Description
No.
of tender documents and no GST will be charged on IOCL.

In case the contractor is falling under Unregistered category, the contractor should confirm the
same.
6 The contractor would be liable to reimburse or make good of any loss/claim by IOCL towards tax
credit rejected /disallowed by any tax authorities due to non deposit of taxes or non updation of
the data in GSTIN network or non filling of returns or non compliance of tax laws by the Contractor
by issuance of suitable credit note to IOCL. In case, contractor does not issues credit note to IOCL,
IOCL would be constrained to recover the amount including interest payable alongwith Statutory
levy/Tax, if any, payable on such recovery.
7 Tax element on any Debit Note / Supplementary invoice, raised by the contractor will be
reimbursed by IOCL as long as the same is within the permissible time limit as per the respective
taxation laws and also permissible under the Contract terms and conditions. Contractors to ensure
that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from
time to time.
8 The contractor will be under obligation for quoting/charging correct rate of tax as prescribed under
the respective Tax Laws. Further the Contractor shall avail and pass on benefits of all
exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available
under the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or
services or understanding of law or rules or regulations or any other reasons of similar nature shall
be entertained by IOCL.
9 In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of
Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the contractor is
liable to make good the loss suffered by IOCL by issuance of suitable credit note to IOCL. In case,
contractor does not issue credit note to IOCL, IOCL would be constrained to recover the amount
including interest payable alongwith Statutory levy, if any, payable on such recovery.
10 In case the contractor is opting for Composition scheme under the GST laws, in such event the
evaluation of his bid will be based on the Quoted Price.
In case the contractor is falling under Unregistered category, then GST liability, if any, on IOCL will
be included for the purpose of evaluation.
11 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced from the delivered
price to arrive at the net landed cost.
12 IOCL shall reimburse GST levied as per invoice issued by the Contractor as prescribed under section
31 of the CGST Act and respective states and Rules.
13 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all certificates,
documents and declarations as are required by IOCL to avail of the ITC with respect to GST
reimbursed by IOCL on materials sold to IOCL.
14 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising
Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited
to the rate quoted as per BID subject to increase /decrease in Rates after last date of submission of
Price Bid provided delivery is within the Contractual period.
15 CUSTOM DUTY (These clauses will not be applicable wherever port clearances are in the scope of
IOC and IOC is to take delivery at Port) applicable for Global Tender

15.1 Custom Duty for this clause shall mean Basic Custom Duty, Additional Duty of Customs levied under
Section 3 of the Customs Tariff Act equivalent to the IGST and Education Cess and Secondary and
Higher Secondary Cess.

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Clause Description
No.
15.2 The contractor shall within 7 (seven) days of dispatch /shipment of any such materials forward to
the owner, the following documents.

(i)Supplier’s /Vendor Invoice indicating item wise price of the materials for the purpose of
assessing customs and other Import duties
(ii) Bill of lading/Airway Bill
(iii) Package wise packing list
(iv) Certificate of origin and other relevant documents relating to the identification of the
materials.
(v) Other relevant documents for the assessment of customs duties and the clearance of
goods through Customs.

15.3 The Contractor shall also be fully responsible for Port and Customs clearance including stevedoring,
handling, unloading, loading and storage and for satisfying all Port and Customs formalities for the
clearance of the goods , including preparation of the BILL(s) of Entry mentioning the applicable
GSTIN of IOCL and other documents required for import and or/clearance of the goods. The
applicable GSTIN shall be advised by IOCL. The Contractor shall also be fully responsible for any
delays, penalties, interest, demurrages, shortages and any other charges and losses, if any in this
regard.

15.4 The Custom Duty payable shall be reimbursed on production of supporting documents or paid
directly to the Customs Authority, as the case may be.
15.5 IOCL shall pay the CUSTOM DUTY within 1 (one) working day or specified under Customs law, after
the day on which the CONTRACTOR furnishes the complete necessary documents including duty
requisition slip along with BILL of ENTRY to the IOCL’s designated office for release of requisite
materials/ equipment from Customs.

However additional cost on account of delayed payment of Custom duty due to IOCL’ s fault shall
be paid by IOCL.
15.6 IOCL will not bear liability towards payment of safeguard duty, Anti Dumping duty, Protective Duty
or Countervailing Duty on subsidized articles or any other such duties of Customs imposed by the
Government of India under Custom Tariff Act 1975 applicable on such materials in India.
15.7 All other costs towards Port and Customs Clearance shall be the contractor’s responsibility
including appointment and payment to clearing agents and no reimbursement will be made by IOCL
except as quoted in the price bid.
15.8 The contractor shall provide IOCL with all documents necessary for IOCL to claim Input Tax Credit
(ITC) of the IGST levied under Section 3 of the Custom Tariff Act. Should the contractor fail to
provide any such document(s) resulting in a shortfall in the ITC available to IOCL, the shortfall shall
be made good by the contractor by issuance of suitable credit note to IOCL. In case the contractor
does not issue credit note to IOCL, in such case, IOCL would be constrained to recover the amount
along with interest and statutory levy, if any, and such recovery would be without pre-judice to any
other mode of recovery from the Running Account or other bills or payments to the Contractor.

15.9 The input tax credit available to IOCL will be reduced to arrive at the net Landed cost in the hand of
IOCL for evaluating the Bids.
15.10 In case the bidder is availing any exemption under the prevailing customs law, then necessary
documentary proof for availing the said exemption is required to be submitted. In the event of non
submission of the requisite documents as per the conditions for availing the exemption by the
successful bidder, then the additional outflow on account of various taxes and duties will be
recovered from the bidder.
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Clause Description
No.
15.11 The Tariff Head under which the goods will fall should be clearly mentioned along with the Custom
Duty Rate at the time of submission of Bid.
16 ROAD PERMIT /WAY BILL
16.1 IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor only in those
cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the
Road permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper
utilization of road permits for the specific supply and in case of seizure of goods/vehicle; the
Contractor will be wholly responsible for release and reimburse the litigation cost to IOCL.

16.2 IOCL shall on no account be responsible for delay or hold up due to the timely non availability of
such documents as are required to be furnished by the owner to obtain the Road Permit/Way bill,
by whatever name it is called. However, IOCL shall make best efforts to provide sufficient number
of Road Permits/way bill, by whatever name it is called. on demand to avoid any delay or Hold up.

17 Works Contract / Composite Supply / Mixed Supply


17.1 Works contracts as defined under the GST law includes Contracts for Building, Construction,
Fabrication, Completion, Erection, Installation, Fitting out, Improvement, Modification, Repair,
Maintenance, Renovation, Alteration or Commissioning of any immovable property wherein
transfer of goods is involved in the execution of such contracts.

Composite Supply has been defined as supply in which two or more supply of goods or service or
both or any combination are naturally bundled and supplied in conjunction with each other in the
ordinary course of Business, and then the rate as applicable for principal supply will be applicable
on the entire transaction.

Mixed supply has been defined as supplies of goods or service or both which are made in
conjunction with each other for a single price and which does not constitute a composite supply
then the rate as applicable for the highest rate will be applicable.

In view of the above various definitions under GST law, bidders are required to evaluate the jobs to
be undertaken covered under the tender and quote accordingly by taking in to account the nature
of Job read with the legal provision.

17.2 The place of supply in relation to an immovable property shall be the location at which the
immovable property is located or intended to be located. Hence the bidders have to seek
registration at the locations where the work is intended to be carried out.

17.3 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced from the delivered
price to arrive at the net landed cost. IOCL shall reimburse GST levied as per TAX invoice issued by
the Contractor as prescribed under respective GST Acts and Rules. In case the contractor is not
permitted to issue Tax Invoice the same should be clearly mentioned in the price Bid.

17.4 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all certificates,
documents and declarations as are required by IOCL to avail of the ITC with respect to VAT
reimbursed by IOCL on materials sold to IOCL

17.5 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising
Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited
to the rate quoted as per BID subject to increase /decrease in Rates after last date of submission of
Price Bid provided delivery is within the Contractual period.

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TENDER EVALUATION CRITERIA


i) Only the Technical Bid, of those parties uploading their tenders before due date
and time of submission, shall be considered for opening.

ii) The techno- commercial bid shall be scrutinized and evaluated based on the
qualifying parameters on the basis of the uploaded documents in e-tender portal.
iii) Bidder is required to confirm their status on composition scheme along with
documentary evidence.
a. In case bidder confirms the status as “Yes” under composition scheme,
bidder need not to fill GST rate & Compensation Cess in BoQ, evaluation
shall be done considering both GST rate & Compensation Cess as 0.00%.
b. In case bidder confirms status as “No” under composition scheme, bidder
is to indicate GST rate & Compensation Cess (if applicable) in the BoQ as
per their understanding of applicable HSN. In the absence of these details
in the BoQ, evaluation shall be done considering current GST rate i.e. GST
is 18 % as envisaged by IOCL as shown in the BoQ. However, in such
instances, Compensation Cess shall be considered as 0.00%.

iv) Evaluation will be carried out on the basis of net landed cost considering GST,
Cess and estimated Input Tax Credit (ITC) available to Indian Oil. Though ITC has
been mentioned Nil in BOQ , net landed cost will be worked out after taking into
account the ITC as may be applicable at the time of evaluation of bids .Further, in
case, there is any change in ITC rate after award of contract, same will have no
effect on evaluation done. GST is payable as extra at indicated rate by bidder.

v) The Price Bid of only those parties shall be opened who qualify as per the
qualifying parameters after evaluation as mentioned above. Prior intimation will
be sent to the qualifying parties regarding due date and time of opening of Price
Bid.

vi) After opening the price bid, party who has quoted the lowest rate (L1 rate)
derived on the basis of net landed cost basis will be considered for award of work,
with or without negotiation as per the policy of the Corporation.

The net amount worked out after taking into cognizance the Quoted Rate plus
indicated GST less ITC (if any) shall be considered as net landed cost in order to
arrive at L1 bidder. To elaborate the same, a sample is given below for your
reference:

Percentage BOQ with the tender


ESTIMATED AMOUNT ‘A’ SAY: 100
QUOTED RATE (%) ‘ B ’ SAY: (-) 10
NET AMOUNT ‘C’ = A*(1-B/100) 90
GST (%) INDICATED BY THE BIDDER ‘D’ SAY : 18
APPLICABLE CESS (%) IF ANY ‘E’ SAY: 0
(GST PLUS CESS) AMOUNT ‘F’ 90*(18+0)/100) = 16.2
ITC (%) ‘G’ SAY: 27
ITC AMOUNT ‘H’ = D*C*G/100 18*90*0.27/100= 4.374
NET LANDED COST ‘I’ = C + F - H 101.826

vii) Lowest rate (L-1 rates) shall mean lowest acceptable rate quoted by the L1 bidder
(with or without negotiation).

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viii) In case of tie between two or more bidders at L1 position all the bidders
shall be asked submit discount bid in terms of percentage discount over previous
quoted amount in a sealed envelope after taking approval from competent
authority.

ix) In case of tie again, the bidder with the highest turnover worked out to three
decimal points in any of the last three years as submitted against Turnover
criteria shall be considered as L1 bidder.

All the applicable taxes, duties, statutory levies, freight, insurance etc.
should be included in price bid. Bids would be evaluated on ‘Net Delivered
Price’ (Total landed cost) basis.

 In addition to above, quantity will be subject to Provision for Micro & Small
Enterprises (MSE):-

(i) Subject to other terms and conditions stated as above, including but not
limiting to the pre-qualification criteria, Twenty percent (20%) of total
quantity mentioned in this tender document is earmarked for Micro and
Small Enterprises.

(ii) Micro and Small Enterprises quoting price within price band of L1 + 15
percent will be allowed to supply a portion of requirement by bringing
down their price to L1 price in a situation where L1 price is from
someone other than a Micro and Small Enterprises and such Micro and
Small Enterprises will be allowed to supply upto 20 percent of total
tender quantity/value.

(iii) In case of more than one such Micro and Small Enterprises, the supply
shall be shared equally (to tendered quantity).

(iv) Out of 20% target of annual procurement from MSEs, a sub target of 4%
(i.e. 20% out of overall 20%) wiil be earmarked for procurement from
MSEs owned by SC/ST entrepreneurs.
a. In the event of failure of such Micro and Small Enterprises to
participate in tender process or meet tender requirements and L1
price, 4 percent sub-target for procurement earmarked for Micro and
Small Enterprises owned by Schedule Caste or Schedule Tribe
entrepreneurs shall be met from the other eligible Micro and Small
Enterprises.
b. In case of more than one such Micro and Small Enterprises, the
supply shall be shared equally (to tendered quantity).

(v) The necessary certificate issued from any one of the above agencies
must be valid as on date of opening of tender. The successful bidder
should ensure that the same is valid till the end of the contract period.

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(vi) Please confirm to submit an attested copy of the SC/ST certificate


(applicable to MSEs owned by SC/ST entrepreneurs).Original certificate
as and when sought by the owner shall be submitted by the bidder for
verification.

(vii) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate
issued by District Authority must be submitted by the bidder in addition
to certificate of registration with any one of the agencies mentioned
above. The bidder shall be responsible to furnish necessary documentary
evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST.
MSE owned by SC/ST is defined as:

- In case of proprietary MSE, proprietor(s) shall be SC /ST


- In case of partnership MSE, The SC/ST partners shall be holding at
least 51% shares in the enterprise.
- In case of Private Limited Companies, at least 51% share shall be held
by SC/ST promoters.

(viii) Micro and Small Enterprises will be provided tender document free of
cost. Further, such Micro and Small Enterprises will be exempted from
payment of earnest money deposit.

(ix) The above provisions shall apply to Micro and Small Enterprises
registered with District Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board or Coir Board or
National Small Industries Corporation or Directorate of Handicrafts and
Handloom or any other body specified by Ministry of Micro, Small and
Medium Enterprises (Govt. of India).

Notes regarding Purchase preference to MSE:

II. IOCL Reserves the right to allow price preference to Micro & Small enterprises
(MSEs) as per Public Procurement Policy for Micro & Small Enterprises (MSEs)
Order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of
Micro, Small and Medium Enterprises of Govt. of India.
III. The above provision will be subjected to MSEs quoting price within price band
L1 plus 15% and bringing down their price to L1 in a situation where the L1
price is from someone other than MSEs.
IV. In case of more than one such MSEs, the supply shall be shared proportionately
from the earmarked quantity. Accordingly, 20% of order quantity shall be
reduced from quantities of non MSEs Parties.
V. The necessary certificate issued from any one of the above agencies must be
valid as on date of opening of tender. The successful bidder should ensure that
the same is valid till the end of the contract period.
VI. Please confirm to submit an attested copy of the SC/ST certificate (applicable to
MSEs owned by SC/ST entrepreneurs).Original certificate as and when sought
by the owner shall be submitted by the bidder for verification.

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VII. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by
District Authority must be submitted by the bidder in addition to certificate of
registration with any one of the agencies mentioned above. The bidder shall be
responsible to furnish necessary documentary evidence for enabling IOCL to
ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:

a) In case of proprietary MSE, proprietor(s) shall be SC /ST


b) In case of partnership MSE, The SC/ST partners shall be holding at least
51% shares in the enterprise.
c) In case of Private Limited Companies, at least 51% share shall be held by
SC/ST promoters.

Yours faithfully,
For Indian Oil Corporation Limited,

GM, Contract Cell

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SPECIAL TERMS & CONDITIONS


1.0 PRICE:
Tenderer should quote their lowest & firm price. Prices so quoted will remain
firm till order is placed and thereafter until satisfactory completion of order.
The price will not be subjected to escalation for any reason whatsoever.

2.0 INSPECTION:
2.1 Inspection of the material will be carried out by the 3rd Party Inspection
Agency before dispatch of the material at the vendor’s premises, as per the
technical specifications of the item and/or as directed by the Corporation.
Inspection charges will be borne by vendor.

3.0 PAYMENTS:
3.1 Payment shall be made by receiving locations and all bills are to be raised /
submitted to them on the address furnished herein.

3.2 100% payment within 30 days from the date of receipt of material / invoice
at receiving location and preparation of SAP GRN by IOC receiving location.
Payment will be released only after completing all the PO related formalities
as mentioned in the PO. For submission of documents related to bills, please
refer General Terms & Conditions enclosed separately with this tender.

3.3 No advance payment is applicable

4.0 DELIVERY SCHEDULE:


4.1 4 (Four) months from the date of Purchase Order.

5.0 DESPATCH ADDRESS (RECEIVING LOCATION):


The material is to be dispatched to as per following details (Full address details will
be provided to successful bidder) address and necessary co-ordination is required to
be done by the successful tenderer with the receiving location to avoid delay and for
ensuring smooth receipt in time.
State Political State Delivery Location No of Single Headed
Office Landing Valve

DELHI Delhi Tikrikalan Terminal 20


DELHI Haryana LOBP, ASAOTI 46
PUNJAB J&K Jammu BP 6
PUNJAB Himachal Pradesh Una Terminal Project 144
PUNJAB Punjab SangrurTerminal 5
Punjab Bathinda 6
Punjab Nabha BP 16
UPSO-I UP Varanasi BP 20
Allahabad Terminal 24
Kanpur Terminal 36
Lucknow Terminal 18
Gonda Depot 6
UPSO-II UP Pattikalan BP 10
RSO Rajasthan Bikaner BP 10

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Jaipur BP 14
Jaipur Terminal 14
Chittorgarh Terminal 3
TOTAL 398

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IMPORTANT GUIDELINES TO TENDERERS


1. Tender document is invited in two bids - (I) Technical Bid and (II) Price Bid (BoQ)

2. Bids shall be uploaded separately in 4 separate packets as under :

Packet no.1: Scan copy of proof of online payment of EMD/copy of valid


NSIC/MSME/SSI/exemption certificate highlighting validity of NSIC/MSME the
registration certificate. The document uploaded should be in pdf format.

Packet no. 2 & 3 – Technical cum Commercial Bid in Pdf Format along-wih all the
documents in support of PQ criteria and vendor credentials/other annexure
mentioned in the tender.

Price Bid (BoQ) – Packet no. 4 – Price bid in xls format only is to be uploaded without
any modification. The Price Bid should be uploaded in the same format as provided
by IOCL. Any alteration in given format of Price Bid shall lead to outright
rejection of the Price Bid.

Incomplete /partly filled in Price bid (BoQ) will be summarily rejected.

3. Tenderer shall digitally sign and upload all the all the pages of the e-tender
documents (Technical Bid). No tender documents in the physical forms will be
accepted except the EMD instrument.

4. The Price bid shall contain only Price Bid document duly filled in. Price bid shall
not contain any other document or any conditions. All the rates given in
the tender schedule should be expressed properly as per given format. In case any
condition is indicated in Price Bid, the same will not be considered. In case
the format of Price Bid is altered, the Price Bid shall be out rightly rejected.

5. It is mandatory for every tenderer to fill all the documents as set out in the
tender document irrespective of their earlier association with IOCL.

6. Any conditional / incomplete offer or failure to follow above instructions shall lead to
disqualification even at the time of opening of bids.

7. It shall be understood that every endeavour has been made to avoid error which can
materially affect the basis of 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. No advantage is to be taken
either by the Corporation or the Tenderer of any clerical error or mistake that may
occur in the general specification, schedules, plans or Tender Forms supplied to the
Tenderer.

9. The court in the city of New Delhi alone shall have the jurisdiction to entertain any
application or other proceedings in respect of any disputes arising out of contract if
placed against this Tender. Any terms and conditions attached/printed overleaf of the
Tenderer's offer will not be binding on IOCL.
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10. STUDY OF TENDER DOCUMENTS: The Tenderer should understand the tender
contract conditions, works specifications, drawings etc., before quoting. If there is
any doubt, they should get clarification in writing, but this shall not be the
justification for late submission of tender or extension of opening date.

11. The Tender should be valid for a period of 180 (One hundred and eighty)
days from due date of opening of Tender.

12. COST OF BIDDING:

The bidder shall bear all costs associated with the preparation & submission of bid.

13. BIDDING DOCUMENTS:

The bidder is expected to examine all instructions, forms, terms and conditions in the
bidding documents. The invitation to bid together with all its attachments thereto
shall be considered to be read, understood and accepted by the bidder, unless
deviations are specifically stated in striatum by the bidder. A separate “List of
deviations”, if any, should be attached with the offers.

14. AMENDMENT OF BIDDING DOCUMENTS:

At any time IOCL may modify the Bidding Documents by amendment thereto. The
amendment will be notified in writing / uploaded on web and will be binding on
bidders.

15. LANGUAGE OF BID:

Bid and all correspondence/drawings and documents relating to the bid exchanged
between the bidder and IOCL shall be in either in HINDI or ENGLISH language.

16. OPENING AND CLARIFICATION OF BIDS :

a. Technical bids shall be opened at the specified date and time.

b. The bidders can modify their rates till the closure time of tender /price bid
submission.

c. Parties whose technical bids are found acceptable shall be intimated the date
and time of opening price bid, as decided by IOCL.

d. Price Bids of Tenderers who have not been accepted during Technical Bid
Evaluation shall not be opened without further consideration.

e. To assist in the scrutiny, evaluation and comparison of bids, IOCL may, at their
discretion request clarifications on the bid from the tenderer.

f. IOCL shall not be bound to accept lowest or any tender and reserve the right to
accept one or more tenders in part. The decision of IOCL in this regard shall
be final.

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g. The rates quoted against this tender shall be valid for a period of 180 days
from the date of opening of the tender and once the quotation is accepted and
order is placed on the successful tenderer, the rates shall be valid for the entire
contract period.

17. SUBMISSION OF BIDS

a. Bidders must submit on line offers by the date and time mentioned in the
Notice Inviting Tender (NIT) at the website address stated therein.

b. Each E-Tender will provide access to Commercial as well as Price part of


tender. Along with the Commercial Part, Bidders can attach the required
documents with the bid in line with the Tender.

c. The successful bid submission can be ascertained once acknowledgement is


given by the system through bid submission number after completing all the
process and steps.

d. The Technical Bids and Price Bid have to be submitted separately 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. Prices should not be submitted in a sealed envelope. Indian
Oil shall not be responsible in any way for failure on the part of the bidder to
follow the instructions. Physical Bids will not be accepted. All such Physical Bids
shall be considered as invalid offers and shall be rejected summarily without
any consideration.

e. Price Bid shall contain only price as per Schedule of Rates (in form of an excel
sheet) without any condition as per details given below :

ii. ITEM WISE BoQ: The Basic rate along with tax and other components
shall be filled up in figures and rates (as per format) and the total
amount shall be automatically calculated and rounded off to the nearest
rupee. It is to be noted that the Price Bid shall contain only PRICES and
no conditions whatsoever.

iii. Percentage Wise BoQ: Rates mentioned in schedule of rates shall be


inclusive of all taxes. Party should quote by selecting excess or less in
the drop down box and thereafter filling the percentage rate in figures
only without any condition. In case party is intending to quote 'at par'
party must quote `0' in the space provided.

Percentage quoted shall be applicable on all the items of schedule of rates


attached along with technical commercial bid.

f. The bid shall be uploaded through Digital signatures by some one legally
authorized to enter into commitment on behalf of the Bidder. Bidder shall
upload among other documents, Power of Attorney in favour of the person who
is authorized to enter into commitments on behalf of the Bidder. All the
undertakings / tender documents should be signed by the authorised person
only.
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g. 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-tendering site. Indian Oil
does not take any responsibility in case of failure of the bidder to upload
the documents within specified time of tender submission.

18. Submission and Opening of Bids

a. Bid along with all the copies of documents should be submitted in the electronic
form only through Indian Oil e-tendering system. Before the bid is uploaded,
the bid comprising of all attached documents should be digitally signed using
digital signatures issued by an acceptable Certifying Authority (CA) in
accordance with the Indian IT Act 2000.

b. The Techno-Commercial part of the Bid shall be opened on-line on the date &
time mentioned in the NIT. No Bidder shall be required to be present in IOCL’s
office for any E-Tender opening process. Bidders can view the status & tender
opening statement by logging on to the website.

c. The Price Bids of only those bidders shall be considered for electronic opening
& evaluation whose bid is determined to be technically and commercially
acceptable to IOCL.

19. Last Date for Submission of Bids

a. Bidders are advised in their own interest to ensure that bids are uploaded in e-
Procurement system well before the closing date and time of bid. Vendors /
Bidders must use any computer having Windows 2000 or Windows XP versions
or higher of Window operating system and an internet web browser version
internet explorer V8.0 or higher recommended.

b. The tender shall be submitted in two major parts, namely 'Technical /


Commercial Bid and Price Bid (BOQ) as under:

c. As a part of software requirement for the e-tender, the main features are

i) The price bid formats are same for global and Indian Vendors. Bidders are
requested to follow the instructions mentioned in the bid format.
ii) Vendors interested in the tender may submit scanned copy of EMD as
stated in document in this e-tender and submit the original EMD physically
within the closing time & date as mentioned.

20. INVALID / REJECTION OF OFFER / TENDER:

A Tender is invalid and may be summarily rejected in case:

a. Tender does not conform to the PQ (Pre qualification Criterion) terms and
conditions prescribed in the tender documents;

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b. Notwithstanding any other condition / provision in the tender documents, in


case of ambiguity or incomplete documents pertaining to PQC, bidder shall have
given only one opportunity with a fixed deadline after bid opening to provide
complete and unambiguous document in support of meeting the Pre
Qualification Criteria. In case the bidder fails to submit any document or submits
incomplete documents within the given time, the bidder’s tender will be
rejected.
c. Non-Submission of earnest Money deposit as per the Terms & Conditions;
d. The tenderer is on Holiday List or black-listed;

A Tender is also liable for rejection, if the Tenderer:

a. Stipulates the validity period less than what is stated in the Tender
Form/Conditions;
b. Stipulates own conditions;
c. Does not disclose the constitution of the firm with the full names and addresses
of all his partners/directors;
d. Does not fill in and digitally signed the tender documents / forms.
e. Does not produce the salutatory licenses and/or Income Tax Assessment
Order/Return Copies and/or any documents as per the requirement of the
Tender Conditions.

21. Bidders are advised in their own interest to ensure that bids are uploaded in e-
tendering system well before the closing date and time of bid. No Manual Bids /
Offers along with electronic Bids / Offers shall be permitted.

22. Earnest Money Deposit:


This is a prerequisite for consideration of the tender as set out in the
General Terms & Conditions of Contract. Earnest Money can be paid by
online mode only.

NOTE: TENDER WITHOUT EARNEST MONEY DEPOSIT WILL BE REJECTED.

a. Any conditional / incomplete offer or failure to follow above instructions


shall lead to disqualification even at the time of opening of bids.

23. Opening Of Bids:

a. Technical bids shall be opened at the specified date and time mentioned in NIT.

b. After opening of Techno Commercial bids, all bidders or their authorized


representative shall visit IOCL office during the time given along with all original
documents in support of qualifying parameters and other documents for verification,
as per the detailed mentioned in notice inviting tender.

c. Parties, whose technical bids are found acceptable, shall be intimated the exact date
and time of opening of Price Bid, as decided by INDIAN OIL CORPORATION
LIMITED.

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d. INDIAN OIL CORPORATION LIMITED shall not be bound to accept lowest or any
tender and reserve the right to accept one or more tenders in part. The decision of
INDIAN OIL CORPORATION LIMITED in this regard shall be the final.

e. INDIAN OIL CORPORATION LIMITED reserves the right to negotiate with the
tenderers. The tenderer shall confirm the negotiations within the stipulated time. If
the tenderer fails to comply, INDIAN OIL CORPORATION LIMITED reserves the right
to reject the tender at their discretion.

f. Tenderers will have to attend Regional Office of INDIAN OIL CORPORATION


LIMITED at New Delhi, India for negotiations/clarifications as required in respect of
their quotation without any commitment from INDIAN OIL CORPORATION LIMITED.

g. Tenderers are advised not to upload/enclose unwanted and unasked documents


with the tender. Any such documents if received shall not be considered. Any sort
of canvassing by the bidder/tenderer shall result into outright rejection of their offer.

h. All the payments against this tender shall be done in Indian Rupees only

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GENERAL TERMS & CONDITIONS OF THE TENDER

1. EARNEST MONEY DEPOSIT :

Rs. __________________ (As applicable in accordance with NIT)

paid vide online mode ref No._______________ Dated

_________.

OR

Exempted for payment of EMD; NSIC / MSE certificate Ref.

_________________ dated __________ is enclosed. (Please submit

copy of valid NSIC Registration Certificate/ MSE certificate)

3.1 Earnest Money can be deposited in any of the following form :-

a) Online mode. The payee should be mentioned as M/s. Indian Oil


Corporation Ltd. (Marketing Division), New Delhi.
b) The proof of payment thru online towards Earnest Money Deposit should be
submitted along-with the Technical Bid with Commercial Terms.

A reference of Earnest Money having paid must be indicated in the tender. Any
tender received without Earnest Money will be rejected. No request for adjustment
of pending bills or Earnest Money paid against other tender will be entertained
towards Earnest Money against this tender.

DD / CHEQUES / FDR & TDR TOWARDS EARNEST MONEY DEPOSIT WILL


NOT BE ACCEPTED. Linking with earlier transactions/adjustments with pending bills
or any other amount payable by the Corporation is not allowed. NO INTEREST
SHALL BE PAYABLE ON EARNEST MONEY DEPOSIT.

Earnest Money Deposit refund will be made to all unsuccessful tenderers after
finalization of tender. For successful bidders refund will be made only after they pay
necessary Security Deposit against all purchase orders placed against the tender.

1.3 EXEMPTION FROM EARNEST MONEY DEPOSIT:

a) State/Central Public Sector Undertakings and joint ventures of IOCL are


exempted from payment of Earnest Money.
b) Micro and Small Scale Units registered with MSME/National Small Industries
Corporation Limited (NSIC), are exempted from payment of Earnest Money
provided:-
i) The Unit is registered for the item tendered.
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ii) Registration Certificate is valid as on date of consideration of tender.


iii) Quotation is accompanied by copy of valid NSIC registration certificate.
c) Registration with DGS&D or with any other Government Department will not
entitle the tenderer to claim exemption for Earnest Money Deposit.

1.4 EARNEST MONEY DEPOSIT WILL BE FORFEITED IN THE EVENT OF –

a) Unilateral withdrawal or revision of offer while the offer is under consideration


during the 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.

e) Non-execution of documents after acceptance of the contract due to any


dispute of the tenderers or any reason whatsoever.

f) Tenderers providing false/forged documents / certificates in support of their


credentials.

g) Non-payment of Security Deposit as described in respective Clause.

1.5 If the Tenderer commences deliveries and also lodges Security Deposit in the
manner and within the period specified, we shall return to the tenderer forthwith
the Earnest Money but without any interest thereon. If, however, the Tenderer
fails or refuses to so commence deliveries and/or to so lodge with us the Security
Deposit and/or withdraw/revise upward their offer before placement of order or
expiry of validity whichever is earlier, the Earnest Money will be forfeited to the
Corporation, but without prejudice to all our right to recover any loss or damage
we may suffer by reasons of such refusal or failure to commence deliveries
and/or lodge the Security Deposit.

2. SECURITY DEPOSIT:

2.1 Within two weeks of our communication to the successful Tenderer of


acceptance of the rates, he will have to deposit a sum equivalent to 5% of
the value of the contract subject to maximum of Rs.1,00,000/- (Rupees One
Lakh only) as Security Deposit in any one of the following manner:

a) Pay Order/Demand Draft of Scheduled/Nationalized Banks on which no


interest will be allowed. CHEQUES / FDR & TDR towards S.D. will
not be accepted.

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b) Bank Guarantee executed by Nationalized/Scheduled Banks valid for


period of completion of the contract plus 3 months. If the suppliers
desire to pay the Security Deposit by way of Bank Guarantee, they
should submit Bank Guarantee for the full amount before
commencement of supply. The Bank Guarantee should be directly sent to
IOC by the Bankers under their covering letter. No Bank Guarantee will
be accepted for Security Deposit of value less than Rs.25,000/-

SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST.

2.2 No claim shall lie against the Corporation in respect of interest on Cash
deposit or Depreciation thereof. The Corporation shall be entitled to deduct
from the deposit any loss or damage which the Corporation may be put to
by reason of any act or default recoverable by the Corporation from the
vendor and to call upon the vendor to maintain the deposit at the original
limit by making further deposits.

2.3 Forfeiture of Security Deposit – IOCL shall be entitled, without being bound
to do so, to adjust the whole or any portion of the Security Deposit towards
the recovery of any amount due to us from the Tenderer. In the event of
Security Deposit being reduced from the original quantum due to recoveries
as aforesaid the tenderer shall, within 15 days of recovery, make good the
deficiency in Security Deposit either by cash or by way of Demand Draft.
The Security Deposit or such portion thereof as has not been adjusted
towards the recovery of amounts due from the tenderer to us will be
refunded to the Tenderer within 3 months of the satisfactory completion of
the contract and after the deposit receipt is duly discharged and returned to
IOC.

2.4 In the event of the vendor failing to make and maintain a security deposit in
the manner aforesaid be liable to forfeit any moneys lost with the tender by
him and the Corporation shall be entitled to cancel acceptance of the
Tender.

Option of one of the above methods Security Deposit once exercised should
under no circumstances, be changed later on.

2.5 EXEMPTION FROM PAYMENT OF SECURITY DEPOSIT:


NO EXEMPTION TO ANY CATEGORY OF UNIT

3. VALIDITY OF QUOTATION:

The rates quoted against this tender shall be valid for a period validity of offer
mentioned in the tender. Once the quotation is accepted and the order placed on
the successful tenderer, the rates shall be valid for the entire ordered quantity
and period.

5. VALIDITY OF RATES AFTER PLACEMENT OF ORDER (REPEAT ORDER)

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Indian Oil Corporation Ltd. at its option may consider placement of additional
order on the party for a further quantity up to 100% of the original ordered
quantity. The terms and conditions are given below:

a. The option order will be placed within 6 month of placement of the original
order.
b. The delivery period for the option order shall not be more than the delivery
period quoted in the original order.
c. Destination for the optional quantity may be other than the specified in
original order depending on the actual location where material is to be
supplied. Freight charges to be mutually agreed upon.
d. Other terms and conditions as per the original order tender conditions.

6. EXCISE DUTY

The net delivered price should be inclusive of Excise duty. The Excise duty
applicable on the date of submission of tender should be stated separately.

In case, excise duty is not applicable to any bidder at the time of Tender submission,
and the same is applicable to the particular bidder at a later date, the excise duty
component shall be on account of the bidder.

However, any increase/decrease in Excise duty on the date of delivery during the
scheduled delivery period on finished material will be on IOCL account on production
of documentary proof

Tenderer should mention the current rate of Excise Duty applicable should be
furnished.

7. SALES TAX

a) The net delivered price should be inclusive of local Sales Tax and Central Sales
Tax currently applicable in their offer “Without Form B/C”. The local Sales Tax
and Central Sales Tax applicable on the date of submission of tender should be
stated separately.

b) In case, local Sales Tax and Central Sales Tax is not applicable to any bidder at
the time of Tender submission, and the same is applicable to the particular
bidder at a later date, the local Sales Tax and Central Sales Tax component
shall be on account of the bidder.

c) However, any increase/decrease in local Sales Tax and Central Sales Tax on the
date of delivery during the scheduled delivery period on finished material will
be on IOCL account on production of documentary proof.

d) Tenderer should mention the current rate of local Sales Tax and Central Sales
Tax applicable should be furnished.

e) VAT IMPLICATION (IF APPLICABLE)


In case you are awarded the Purchase Order, you will be required to submit vat-
able invoices against the purchase order and material supplied. You are also
required to give your Registration number under the new tax system legislated
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by the State Govt. concerned. State wise TIN No. of IOCL will be furnished to
you shortly either from this office or from our State Offices.

8. OTHER STATUTORY LEVIES

All other statutory levies like Octroi, Entry Tax etc., if applicable, is payable extra by
IOCL on production of documentary evidence. However, any increase/decrease in
statutory levies on the date of delivery during the scheduled delivery period on
finished materials will be on IOCL account. For this purpose, percentage of Octroi,
Entry Tax etc. as prevalent on the date of quotation will have to be indicated in the
bid.

IOC will not issue 'C' form and therefore, prices quoted should be with Sales Tax without
'C' form. Rates for Excise duty & Sales Tax without 'C' form should be indicated.

If the material/equipment not supplied within the scheduled delivery


period, then any increase on Excise Duty/Sales Tax/Other Statutory levies
will be on vendor’s account.

10. ACCEPTANCE OF WORK ORDER BY CONTRACTOR:

After communication of the Corporation's acceptance of the Contractor's tender, if


the Contractor fails to return the duplicate copy of the Purchase Order and the
Agreement duly signed in token of their acceptance within 15 days the earnest
money deposited may be forfeited by the Corporation, without any further reference
to the Vendor.

11. POWER OF ATTORNEY:

When the person signing the tender/agreement is not the Sole Proprietor or
authorized representative of the Company the original Power of Attorney or a notary
certified copy thereof authorizing such person to act and sign on behalf of the
Company should be produced.

12. AGREEMENT:

On acceptance of the quotation, the successful tenderer shall execute an agreement


with the Corporation covering all the terms and conditions as per the format.
Agreement enclosed forming part and parcel of the tender conditions.

A copy of the Agreement format is attached to the tender documents. Every


tenderer should acquaint him/her self with the terms contained in the said
agreement format. Every tenderer should also note that the terms contained in the
agreement format shall apply to the contract that will come into play with acceptance
of the quotation. In other words on issuance of the purchase order to the successful
tenderer, the terms and conditions including the Arbitration clause contained in the
agreement format will apply and bind both the parties viz. Corporation and tenderer,
although the execution of the agreement will be done later.

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Every tenderer should sign and initial each page of the agreement format and Tender
Conditions and submit the same along-with the quotation in token of having read
and understood the contents of the same.

13. SUB-LEASING:

After the placement of the order, the successful Tenderers shall not be allowed to
sublet or assign any part of our order without prior written consent of Corporation.

14. QUANTITY:

Corporation reserves its right to increase / decrease the quantities indicated in the
tender. The Corporation also reserves the right to accept any tender in whole or in
part and reject any or all tenders without assigning any reason. The Corporation is
not bound to accept the lowest rate for any tender and reserves the right to accept
one or more tenders in part or full. Corporation decision in this connection shall be
final. IOC will be well within their rights to curtail the quantity without any liability.

15. SPECIFICATIONS:

All equipment /material offered should conform to our specifications/drawings.


Vendors may also enclose copy of other test reports, if any and design and
performance chart etc. for the offered material/equipment.

16. DELIVERY SCHEDULE:

Delivery period is given in the notice inviting tender / NIT and Special Terms &
Conditions.

Time of delivery mentioned in the tender shall be the essence of the


agreement. In the event of placement of order, no variation shall be permitted
except with prior authorization in writing from the Owner. Goods should be
delivered, securely packed and in good order and condition, at the place and within
the time specified in the purchase order for their delivery.

The contractual delivery period is inclusive of all the lead time for
Engineering/Procurement of raw materials, the manufacturing, inspection/testing,
packing or any other activity whatsoever required to be accomplished for effecting
the delivery at the required delivery point.

17. RISK PURCHASE:

IOC reserves the right to curtail or cancel the order either in full or part thereof if the
vendor fails to comply with the delivery schedule and other terms and conditions of
the purchase order. IOC also reserves the right to purchase the same or similar
material through other sources at the entire risk, cost and consequences of the
vendor. This clause is without prejudice to our liquidated damages clause given
elsewhere.

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18. PRICE DISCOUNT FOR DELAYED DELIVERIES:

Vendor will have to pay to the Corporation by way of price discount for delayed
deliveries, and not as penalty, an amount equal to 1/2% of the contracted price of
the material so delayed for each week or part thereof of such delay in delivery
subject to a maximum 10% of such price. For the purpose of calculating price
discount for delayed deliveries, date of dispatch will be taken as date of supply.

19. RECOVERY OF SUMS DUE:

Wherever any claim against the vendor for payment of a sum of money arises out of
or under the contract, Owner shall be entitled to recover such sums from any sum
then due or which at any time thereafter may become due this sum be not sufficient
to cover the recoverable amount the vendor shall pay to the Owner on demand the
balance remaining due.

20. RAW MATERIAL:

All the raw materials, as may be required for manufacturing of the tendered/ordered
items, will have to be purchased and arranged by the successful tenderer.

Successful tenderers are also expected to maintain sufficient level of inventory of the
raw materials so that there is no set back in the delivery of the tendered/ordered
items on this account.

21. IMPORT LICENSE:

IOC will not provide import license/foreign exchange for the import of any materials.
It will be the responsibility of vendor to arrange for the same whenever and
wherever required.

22. PACKING AND DESPATCH:

22.1 The material should be packed and crated appropriately with necessary
packing materials to withstand all transit hazards. Along with materials, the
following documents should be packed and despatched: -

a) Operating and maintenance instruction to users.


b) Guarantee Certificate for supplied materials.
c) Inspection Release Certificates / Report.
d) Literature/Pamphlet for the equipment /material

22.2 The package shall be clearly marked with the following:

a) Name of the supplier


b) Purchase Order No. & Date
c) Date of manufacturing
d) Batch Number
e) Address of Manufacturers Factory

Each consignment is to be supported with a copy of the vendors Tests reports & Third
Party Agencies reports.
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23. INSURANCE:

Insurance shall be to supplier’s account as supply is on door delivery basis. The


materials will be dispatched to the location duly insured by the vendor. The receiving
locations will inspect the goods and inform the tenderers the details of breakage/
damage if any, to enable the tenderers to lodge a claim with Insurance Company.

24. TRANSIT RISK:

Since manufacturers shall be responsible for co-ordinating dispatches, they shall be


responsible for material found damaged/defective/short received at the receiving
end.

25. PAYMENT:

100% payment will be made by respective locations/State Offices within 30 days


from the date of receipt of material / invoice at receiving location. Payment will be
released only after completing all the PO related formalities as mentioned in the
PO. For submission of documents related to bills, please refer General Terms &
Conditions enclosed separately with this tender.

The following documents as applicable are to be submitted with the Invoice: -

1. Invoice in triplicate
2. Acknowledged copy of the LR / GCN / Way Bill etc. in triplicate.
3. Delivery Challan in triplicate.
4. Guarantee, warranty Certificate in triplicate.
5. Packing List in triplicate.
6. Inspection Report / Release Note in triplicate.
7. Octroi Receipted and Assessment Form in original for reimbursement.
8. Any other relevant document.

The charges for Octroi and Entry Taxes would be on IOCL account. IOCL will
reimburse the same on production of valid payment documents

26. REJECTION:

(a) The supplier should note that it is not incumbent upon Corporation to check and
test each and every item out of the consignment received and Corporation will
make only random checks.

(b) If, any item found defective either as a result of the checks/tests carried out, or
while in use, Corporation shall return such defective item(s) to the supplier.

(c) The supplier shall make their own arrangements to take back such rejected
consignment, purely at their own cost. If the supplier fails to take back the
punctured consignment within a period of 14 days from the date of rejection,
Corporation shall be free to dispose of the same at the risk and cost of the
supplier.
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27. GUARANTEE:

All materials including components and sub-contracted items should be guaranteed


by the vendor within the warranty period mentioned below. In the event of any
defect in the material or workmanship manifesting themselves. The vendor will
replace / repair the materials at IOC’s concerned locations at vendor’s cost and risk
on due notice, failing which the rejected materials will be sent to the vendor on
‘FREIGHT TO PAY’ basis for free replacement. Materials after rectification of defects
will be dispatched by the vendor on ‘FREIGHT PAID’ basis. Alternatively, IOC
reserves the right to have the materials repaired / replaced at the locations
concerned at the vendor’s risk, cost and responsibility.

28. WARRANTY:

24 months from the date of actual delivery or 18 months from the date of
commissioning or use of the equipment /materials, whichever is earlier during which
time the tenderer is bound by the guarantee given above.
The above guarantee / warranty will be without prejudice to the certificate of
inspection or Material Receipt Note issued by us in respect of the materials.

29. NON-WAIVER:

Failure of the IOC / IOC’s representative to insist upon any of the terms and
conditions incorporated in the Purchase Order or failure or delay to exercise any
rights remedies herein or by law or failure to properly notify vendor in the event of
breach, or the acceptance of, or payment of any goods hereunder of approval of
design shall not release the vendor and shall not be deemed a waiver of any right of
the IOC or IOC’s representative to insist upon the strict performance thereof or of
any of his or their rights or remedies as to any such goods regardless of when goods
are shipped, received or accepted or shall any purported oral modification or revision
of the order by IOC’s representative act as waiver of the terms thereof.

30. NO ASSIGNMENT:

In the event of placement of Purchase Order the same shall not be assigned to any
other agency by the vendor without obtaining prior written consent of Owner.

31. ACQUIESCENCE:

Any acquiescence or waiver by the Corporation of any delay, breach or default


committed by any tenderer shall not be deemed to be or considered as estoppel
against the Corporation nor prevent the Corporation from exercising any of its rights.

32. PERFORMANCE BANK GUARANTEE:

a) On dispatch of the equipment, by way of Bank Guarantee, the vendor shall


Guarantee that any and all materials used in execution of the Purchase Order
shall be in strict compliance with characteristics, requirements and
specifications agreed upon and that the same shall be free from any defects.
Checking of Vendor’s drawings by the Corporation’s representatives and their
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approval and permission to dispatch the equipment and materials granted by


Inspectors shall not relieve the Vendor from any part of his / its responsibilities
of proper fulfilment of the requirements.

b) The Vendor will guarantee that all materials and equipment shall be repaired or
replaced as the case may be at his own expense in case the same have been
found to be defective in respect of materials, workman-ship or smooth and
rated operation within a period of 18 months after commissioning or 24 months
from the date of dispatch whichever is earlier.

c) The guarantee period for the part that may be altered repaired or replaced shall
be 18 months from the date on which the same is put in service.

d) Acceptance by the Corporation or its inspectors of any equipment and materials


or its replacement (if applicable) will not relieve the Vendor of its responsibility
of supplying the equipment / materials strictly according to the specification and
according to the guarantees agreed by the Vendor.

The vendor shall furnish Performance Bank Guarantee for 10% value of the
Purchase Order at the time of commencement of supply. This Bank Guarantee
shall remain in force for 24 months from the date of dispatch (Date of
commencement of supply). It will be responsibility of the Vendor to keep the Bank
Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a
result of encashment by the Corporation either in full or in part in terms of the
Performance Guarantee shall be made good by the Vendor within one week thereof.
Such BG should be submitted in a sealed envelope of the issuing Bank and
should not be in open condition.

33. CANCELLATION:

We reserve the right to cancel the contract forthwith upon or any time after the
happening of any of the following events viz. –

(a) If the Tenderer shall commit a breach of any of the terms and conditions of
tender and fail to remedy such breach within fifteen days of the receipt of the
written notice from us in regard thereto.

(b) On the death or adjudication of insolvent of the Tenderer if he be an individual.

(c) Liquidation whether voluntarily or otherwise on the passing of an effective


resolution for winding up the Tenderer if it be a company.

(d) If the attachment is levied or continued to be levied for a period of seven days
upon the effects of the Tenderer or of any individual or partner of the Tenderer
firm.

(e) If the Tenderer does not adhere to the instructions which may be issued from
time to time by us in connection with the manufacture of the items, our right to
so terminate the contract shall be without prejudice to any of our other rights
and remedies against the Tenderer and in the event of our so terminating the
contract, we shall not be liable to pay for any loss or compensation in respect of
such termination.
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34. FORCE MAJEURE CLAUSE:

If at any time during the continuance of this contract the performance in whole or
part by either party of any obligation under this contract shall be prevented or
delayed by reasons of any war, hostility, acts of public enemy, civil commotion,
sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-
outs or acts of God (hereinafter referred as events) then provided notice of the
happening of any such events if given by either party to the other within twenty-one
days from the date of occurrence thereof neither party shall by reason of such event
be entitled to terminate this contract nor shall either party have any claim for
damage against the other in respect of such non-performance or delay in
performance and deliveries under the contract shall be resumed as soon as
practicable after such event has come to an end or ceased to exist and decision of
the Director (Marketing), Indian Oil Corporation Limited (Marketing Division) as to
whether the deliveries have been so resumed or not shall be final and conclusive
provided further that if the performance in whole or part of any obligation under this
contract is prevented or delayed by reasons of any such event for period exceeding
60 days either party may at its option terminate the agreement.

35. ARBITRATION:

Any dispute or difference arising under or in connection with this contract shall
be referred to a Sole Arbitrator as per the provisions of the Indian Arbitration
and Conciliation Act 1996 as amended vide Arbitration & Conciliation
(Amendment) Ordinance 2015 dated 23.10.2015.".

36. REPEAT ORDER:

The Corporation reserves the right to place repeat order at the same rates, terms
and conditions, within a period of Six Months from the date of Purchase
Order/Annual rate contract (ARC), for full or part quantity. Such an order shall be
binding on the vendor.

37. DISCUSSIONS/NEGOTIATIONS:

The Corporation reserves the right to negotiate with the Tenderers. In the event of
negotiations, the tenderer will be required to confirm the negotiations in writing
within the time stipulated. If the Tenderer fails to comply with this requirement, the
Corporation reserves its right to ignore his quotation at its discretion.

38. EXPEDITING:

The Owner/Owner’s representative shall have free access to vendor’s shop and / or
sub-suppliers’ shop at any time and they shall be provided all the necessary
assistance and information to help them perform their job(If assigned to expedite
both manufacture and dispatch of materials).

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39. CONFIRMATION OF ORDER:

In the event of placement of order, the vendor shall acknowledge the receipt of the
Purchase order within 15 days from the date of Purchase order and shall confirm his
acceptance of Purchase order in its entirety without exceptions. This
acknowledgement will be on both Purchase order and General Purchase conditions.
Vendor shall also submit along-with order acceptance, the Security Deposit as
specified.

40. SALES CONDITIONS:

With tenderer acceptance of provisions of Tender Conditions, the tenderer waives


and considers as cancelled any of his General Sales Conditions.

41. ROAD TRANSPORT:

41.1 Provision of “Carriage by Road Rules 2011” framed under “ Carriage by Road
Act 2007 ” are also to be complied by the vendor along with other statutory
laws, notifications etc and all liabilities/consequences arising out of non
adherence of the act/law will be on vendor(s) account.

41.2 As per section 3 of the act, no person can engage in the business of a
common carrier unless he has been granted a certificate of registration to do
so and any transportation of goods through unregistered common carriers is
illegal.
41.3 The Tenderers shall, while quoting the rates for transportation, take into
consideration, the provisions of the Carriage by Road Act, 2007 and rules
thereto and the liability to pay the loss for non delivery/damage to the
equipment/product at higher risk rate. The Transporter shall ensure the
compliance of the requirements under the Carriage by Road Act, 2007 and
the rules thereto.

42. Limitation of liability clause

The maximum liability shall be limited to 100% of the contract value except in case
of fraud and/or will full negligence. The vendor shall not be liable for consequential
losses on account of production revenue or profit.

44. GENERAL:

i. Every tender must be strictly in accordance with our conditions and


specifications.

ii. The Tenderer should quote his rates for all items only in the prescribed form
supplied by the Corporation. All the rates given in the tender schedule should
be strictly expressed in the given columns as per format.

iii. It shall be understood that every endeavour has been made to avoid error
which can materially affect the basis of Tender and the successful Tenderer
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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. No advantage is to be taken either by the Corporation or the Tenderer
of any clerical error or mistake which may occur in the general specification,
schedules, plans or Tender Forms supplied to the Tenderer.

iv. Any terms and conditions attached printed overleaf of the vendors offer will not
be binding on IOCL. Tender with counter conditions will be rejected.

v. Before issuing of the order if any dispute arises the same shall be referred to
the Arbitration as per clause contained in the agreement format said above.

vi. Tenderers should read the conditions of IOCL tender document carefully and
return the document duly signed by them in token of having read, understood
and accepted the conditions. Tenderers who are willing to accept our tender
conditions should only quote for this tender. Tenders with counter conditions
imposed by Tenderer will not be considered.

46. DECLARATION:

"We confirm that above mentioned terms & conditions are acceptable to us
and our quotation has been prepared after thorough study of the entire
tender documents and we agree to all conditions of the tender in toto. We
also understand that any variation found in our offer / quotation from the
tender specification / terms & conditions may result in rejection of our
offer / quotation.

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INDIAN OIL CORPORATION LTD.


(MARKETING DIVISION)
NORTHERN REGION
GENERAL CONDITIONS OF CONTRACT

1. GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OF


EQUIPMENT/MATERIALS

Throughout these conditions and in the specification (if any) hereto annexed the
terms:-

a) (a)“The Purchaser” means INDIAN OIL CORPORATION LTD.(MKTG.


DIVISION.)

b) “The Indentor” means any Officer authorised by the Purchaser to order


Equipments/ Materials.

c) “The Inspecting Officer” means the person, firm, department nominated by


the purchaser to inspect the equipment / materials on his behalf and the
deputies of the Inspecting Officer so nominated.

d) “The Seller” means the person, firm or company with whom the order for
supply of equipments / materials is placed and shall be deemed to include the
seller’s successors, representatives, heirs, executors, and administrators duly
approved by the purchaser.

e) “Sub-Contractor” means any person, firm or company from whom the seller
may obtain any materials or fittings to be used in the supply of manufacture of
the equipment materials.

f) “Drawings” means the drawings exhibited or provided for the guidance of the
seller.

2. PURPOSE OF CONTRACT AND PARTIES TO THE CONTRACT:

This contract is for the supply of equipments / materials of the description in the
quantities set forth in the purchase order and or schedule to the purchase order.
Except as hereby otherwise provided a verbal or written arrangement abandoning,
varying or supplementing this contract or any of the terms hereof, shall be deemed
provisional and shall not be binding on the purchaser unless or until the same is
endorsed on the contract or incorporated in a formal agreement and signed by the
parties hereto and till then the purchaser shall have the right to repudiate such
arrangement.

3. SECURITY DEPOSITS:

3.1 Contract Security:

Unless otherwise agreed between the Purchaser and the Seller, the Seller shall within
14 days after placement of purchase Order/Contract, deposit with Indian Oil
Corporation Ltd in cash or Demand Draft or Banker’s Guarantee in our standard
Form, a sum equal to 5 percent of the total value of Purchase Order/Contract,
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subject to a maximum of Rs.One Lac as a Security Deposit for the due fulfilment of
the contract when the delivery of the material extends over a period of 3 months.
No claim shall lie against the Purchaser in respect if interest on Cash Deposits or
depreciation thereof. The Purchaser shall be entitled to deduct from the said deposit
any loss or damage which the purchaser may be put to by reason of any act or
default recoverable by the purchaser from the Seller and to call upon the Seller to
maintain the deposit at its original limit by making further deposits. In the event of
the Seller failing to make and to maintain a security deposit in the manner aforesaid,
he shall be liable to forfeit any moneys lodged with the tender by him and the
Purchaser shall be entitled to cancel the acceptance of the Tender.

3.2 Performance Security:

The vendor shall furnish Performance Bank Guarantee for 10% value of the Purchase
Order at the time of commencement of supply as Performance Security for the
material.

4. DELIVERY:

The seller shall, as may be required by the Purchaser, either deliver free, or F.O.R. or
C.I.F. at the place or places detailed in the purchase order or schedule thereto the
quantities of equipments / materials detailed therein and the same shall be delivered
or despatched not later than the dates specified in the purchase order / schedule.

5. TIME FOR A DATE OF DELIVERY / DESPATCH, THE ESSENCE OF THE


CONTRACT:

The time given for delivery / despatch shall commence from the date of the Purchase
Order / Contract by the seller.

The time for and the date of delivery / despatch stipulated in the said purchase order
/ contract for the delivery or despatch of the equipment / materials shall be deemed
to be the essence of the contract and should seller fail to delivery / despatch the
same within the scheduled delivery period the purchaser shall be entitled to withhold
the payment if necessary until the quantity against the order has been supplied and
also to recover from the seller the penalty as stipulated in the agreement.
Alternatively, at the option of the purchaser, the purchaser shall be at risk of the
seller, the equipments / materials as aforesaid or if not available the best and
nearest available substitute thereof, or to cancel the contract and the seller shall be
liable for any loss or damage which the purchaser may sustain by reasons of such
failure on the part of the seller.

6. EXTENSION OF TIME FOR DELVIERY:

If such failure as aforesaid shall have arisen from any cause which the purchaser
may admit as reasonable ground for extension of time, the purchaser will allow such
additional time as he considers to be justified by the circumstances of the case and
shall forgo the whole or such part as he may consider reasonable of his claim for
such loss or damage as aforesaid and the decision thereon shall be final, provided
that in such circumstances, instead of allowing time the purchaser shall have the
option of terminating the contract and in that case no damage shall be claimable by
the seller from the purchaser.
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7. DRAWING, SPECIFICATIONS & PATTERNS:

When tenders are called for in accordance with drawings, specifications, or sealed
pattern, the seller’s tenders to supply in accordance with such drawings,
specifications or sealed pattern shall be deemed to be an admission on his part that
he has fully acquainted himself with the details thereof and in no circumstances will
any claim on his part which may arise on account of his insufficient examination of
the said drawings, specification or sealed pattern, be considered.

If any dimensions figuring in a drawing, differ from those obtained by sealing the
drawing, the dimensions as figuring in the drawing shall be taken as correct.
8. INSPECTION NOTICE:

When Inspection during manufacture or before delivery/dispatch is required, notice


in writing shall be sent by the seller to the purchaser when the equipments/materials
to be supplied are ready for inspection and no equipment/materials shall be delivered
or dispatched until the equipment/materials offered have been inspected and
approved by the Purchaser’s authorized representative.

9. CHARGES FOR WORK NECESSARY FOR COMPLETION OF CONTRACT:

The Seller shall pay all charges for handling, stamping, painting, marking, protecting
or preserving patent rights, drawings, templates, models and gauges and for all such
measures as the purchaser may deem necessary for the proper completion of the
contract, though special provision therefore may not be made in specification of
drawings.

10. EXECUTION OF THE CONTRACT:

The whole contract is to be executed in the most approved and workman like
manner to the entire satisfaction of the purchaser or his deputed representative who
has power to reject any of the equipment/ materials of which he may disapprove and
his decision thereon and on any question as to the true intent and meaning of the
specification or drawings or of the work necessary for the proper completion of the
contract shall be final and conclusive.

11. SELLER’S RESPONSIBILITY:

The seller is to be entirely responsible for the execution of the contract in all respects
in accordance with the terms and conditions as specified in the acceptance of tender
and the schedule annexed thereto. Any approval which the purchaser or his
authorised representative may have given in respect of the equipment/ materials or
other particulars and the work or the workmanship involved in the contract (whether
with our without tests carried out by the seller or the purchaser’s representative)
shall not be binding on the purchaser and notwithstanding any approval or
acceptance by the purchaser’s representative it shall be lawful for the Consignee on
behalf of the purchaser to reject the equipment/ material on arrival at destination if it
is found that the goods supplied by the seller are not in conformity with the terms
and conditions of the contract in all respect.

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12. INDEMNITY:

The Seller shall at all times indemnify the purchaser against all claims which may be
made in respect of the said equipment/ material for infringement of any right
protected by the Patent. Registration of design or trade mark provided always that
in the event of any claim in respect of any alleged breach of a patent, Registered
design or trade mark being made against purchaser, he shall notify the seller of the
same, and the seller shall be at liberty, but at his own expenses, to conduct
negotiations for settlement or any litigation that may arise there from.

13. SUB LETTING OF CONTRACT:

The seller shall not sub-let or assign this contract or any part thereof without the
written permission of the Corporation. In the event of the Seller’s sub-letting or
assigning this contract or any part thereof without such permission, the Corporation
shall be entitled to cancel the contract and the purchase the materials elsewhere on
the Seller’s account and risk and the Seller shall be liable for any loss or damage
which the Corporation may sustain in consequence of or arising out of such
purchase.

14. PACKING MATERIALS:

All packing cases, containers packing, and other similar materials shall unless
otherwise agreed be supplied by the Seller free of charges and will not be returned.
Every bale and package shall be clearly marked with the Seller’s name, Consignee’s
name and address, and gross weight and shall contain a packing note showing its
contents in details i.e. Model No., Serial No. and description of the
equipment/materials. The seller shall provide such packing as the Purchaser or
Indenter may consider necessary to ensure the safe arrival of the
equipment/materials to destination.

15. NOTIFICATION OF DELIVERY OR DESPATCH:

Notification of delivery/dispatch on the Purchaser’s standard dispatch advice in


regard to each and every consignment shall be made to the consignee and to the
Purchaser immediately upon dispatch or delivery. The Seller shall further supply to
the Purchaser a priced invoice in quadruplicate and packing account to the consignee
of all equipment/materials delivered/dispatched. All packages, containers bundles
and loose materials forming part of each and every consignment shall be described
fully in the packing account and full details of contents of packages and quality of
materials shall be given to enable the Consignee to check the stores on arrival at
destination.

16. RAIL/ROAD FREIGHT:

Unless the Purchaser instructs the seller otherwise, the equipment/material be


booked by Rail only under Railway risk. Their dispatches by road are authorized by
the Purchaser in writing the route by which consignment are to be dispatched shall
be specified by the Purchaser and the Seller shall be responsible to see that such
route is followed.

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17. REMOVAL OF REJECTED EQUIPMENT & MATERIAL:

When any material delivered at the Purchaser’s / Consignee’s depot are rejected on
account of default on the part of the seller, they shall be removed by the seller within
14 days from the date of rejection. Such rejected equipment/ material shall be at the
seller’s risk from the date of such rejection. If not removed within 14 days of
rejection, the purchaser shall have the right to dispose such material/ equipment as
he thinks fit at the sellers’ cost, risk and responsibility. Equipment/ materials that
have been dispatched by road/ rail and rejected after arrival at destination may be
taken back by the seller either at the Station where they were rejected or at the
station from which they were sent. If the contract is placed for delivery F.O.R
Station of dispatch, the seller shall pay the carriage charges on the rejected
consignments at Public Tariff Rail/Road rates as the case may be from the station of
dispatch to the station where they were rejected. If the seller elects to take the
goods at the station from which they were dispatched, the goods shall, in addition be
booked to him freight to pay at Public Tariff Rail/Road rates as the case may be and
at owner’s risk. The property in goods shall not pass from the seller unless and until
accepted by the purchaser after inspection.

18. PAYMENT:

i) Unless otherwise agreed to between the parties, payment for the delivery of the
equipment/material will be made on submission of invoices in quadruplicate
through Electronic Transfer / by cheque on the State Bank of India within 30
days from the date of delivery/dispatch.

ii) Payment for the equipment/material for each delivery will be made to the Seller
on submission of invoices in accordance with the procedure detailed below:-

a) The full value of the equipment/materials will be paid after inspection on receipt
of the consignment in good condition by the Consignee.

b) In exceptional cases at the Purchaser’s option 90% or 100% as the case may be
the price of each consignment will be paid on proof of dispatch of
equipment/materials to the consignees from any Railway Station or any Road
Point. Railway Receipt/material charged for the invoices are dispatched should
be sent along with the invoices. In case of 90% payment, the balance of 10%
will be paid on receipt of the consignment in good condition by the consignee
and in such case the consignee’s acknowledgement on behalf of the Purchaser
should be submitted by the Seller with his invoice.

c) In all cases of local delivery, full payment shall be made on submission of the
invoices duly supported by acknowledged challan and/or receipt of material
receipt notes from authorized Officers of the Corporation.

d) In the case of C.I.F. contract 90% will be paid on presentation of shipping


documents and Inspection Certificates in India and 10% on receipt of
equipment/materials in good condition.

e) In the case of dispatches by F.O.R. the insurance charges will be borne by the
Seller. Other incidental charges incurred by Seller in accordance with the terms

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of the Contract as specified in the Purchase Order, will be reimbursed to the


Seller along with the 90% or 100% payment, as the case may be as aforesaid
on production of necessary documentary evidence to the effect that such
charges have actually been paid by the seller.

NOTE:
Exceptions: The system of 90% and 10% payment is not applicable to claim
amounting to Rs.200/- or below. In such cases only a single bill for the value
should be submitted.

19. CLAIMS:

The purchaser shall be entitled to retain the amount of any claim of the purchaser
against the seller whether liquidated or unliquidated arising out of the contract under
reference or otherwise however, and set off the same protanto against amount
payable to the seller under reference or otherwise however without prejudice to
recover the amount of any claim as aforesaid.

20. ILLEGAL GRATIFICATION:

Any bribe, commission, gift or advantage given promised or offered by the seller or
by any body on his behalf, to the purchaser or any person on his behalf either friend
or relative, in relation to obtaining or execution of this particular or any other
contract/(s) with purchaser for showing favour or disfavour to any person in relation
to this particular or any other contract/s as aforesaid shall subject the seller to the
cancellation of the particular and/ or any other all contracts entered into with them
by the purchaser and also to payment of any loss or damage resulting from any such
cancellation to the like extent provided in the Agreement.

Any dispute or difference of opinion arising in respect of either the interpretation


effect or application of this particular condition of the contract or of the amount
recoverable hereunder from the seller shall be decided by the Director (Marketing) of
the INDIAN OIL CORPORATION LIMITED and his decision shall be final and
conclusive.

21. LAW GOVERNING THE CONTRACT:

This contract shall be governed by the Law of India from time to time in force.

22. MARGINAL HEADINGS:

The marginal headings of conditions hereto shall not affect the construction thereof.

23. ARBITRATION:

Any dispute or difference arising under or in connection with this contract shall
be referred to a Sole Arbitrator as per the provisions of the Indian Arbitration
and Conciliation Act 1996 as amended vide Arbitration & Conciliation
(Amendment) Ordinance 2015 dated 23.10.2015.".

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24. POWERS:

All powers reserved under the above condition shall be exercised by the Director
(Marketing) for INDIAN OIL CORPORATION LTD.

***************************

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ANNEXURE-I

CONTACT DETAILS OF TENDERER

1. NAME OF THE PARTY :

2. NAME & DESIGNATION OF


THE PERSON SIGNING THE :
TENDER DOCUMENTS
3. CONTACT DETAILS OF OFFICE

a. ADDRESS :

b. Person to be contacted :

c. Telephone No. :

d. Fax no. :

e. Mobile no. :

f. E-mail ID :
(Mandatory)

4. CONTACT DETAILS OF FACTORY

a. ADDRESS :

b. Person to be contacted :

c. Telephone No. :

d. Fax no. :

e. Mobile no. :

f. E-mail ID :

* Please note that all communication will be forwarded to vendor’s office E-mail address
only.

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ANNEXURE-II

STATEMENT OF CREDENTIALS

Tenderer should fill in below mentioned details along with the Technical bid. Please state
"NOT APPLICABLE" in case you have no positive answer.

A) 1. Name and address of the Vendor:


________________________________________________________________
________________________________________________________________
________________________________________________________________

2. Telegraphic address, if any:


___________________________________________

3. Telex number, if any:


_________________________________________________

4. Telephone Nos.:
____________________________________________________

5. Fax & E-Mail:


_______________________________________________________

6. Name of Contact Person:


_______________________________________________

7. INCOME TAX / PAN CARD DETAILS:

__________________________________________________________________

8. BANK ACCOUNT DETAILS: (Copy of the cancelled blank cheque to be enclosed)

__________________________________________________________________

9. DETAILED ADDRESS OF THE FACTORY:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

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10. PRODUCTION CAPACITY PER ANNUM : _______________________________

Committed to IOC against this tender: _______________________________

Idle capacity, if any: _______________________________

B) 1. Sole Proprietorship: ___________________________________________


(Give name of the Proprietor)

2. Partnership firm ? (1) ___________________________________________


(Give names of the (2) ___________________________________________
Partners) (3) ___________________________________________
(4) ____________________________________________

3. Private or Public Limited Company? ___________________________________


Give list of Directors. (1) __________________________________
(2) __________________________________
(3) __________________________________
(4) ___________________________________

C) Income Tax Assessment order for Past three Assessment years

ASSESSMENT YEAR ASSESMENT ORDER & DATE REMARKS


2015-2016
2016-2017
2017-2018

Note: Vendor should furnish copies of Income Tax Assessment Orders for past three
years as indicated above.

In case assessment for any year is not completed the acknowledgement copy of income
tax return should be furnished.

D) GST Registration

CERTIFICATE NO DATE VALID UP TO

Note : Vendor should furnish copy of GST registration Certificate

E) Turnover

Financial Year As per balance sheet As per Income Tax


2014-2015

2015-2016

2016-2017

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F) NSIC / MSME Registration Certificate {Units registered with National Small Scale
Industries Corporation (NSIC) / MSME} (SUBMIT VALID NSIC REGISTRATION
CERTIFICATE FOR THE SPECIFIED ITEM)

CERTIFICATE NO DATED DATE OF LAST REVIEW BY


NSIC

Note: Copy of valid NSIC Registration Certificates should accompany the Bid.

G) Indicate CURRENT Rates for Excise duty:

H) Indicate CURRENT Rates for VAT As applicable in respective State:

NOTE: The evaluation of the Tender will be done as per the Excise Duty and VAT
mentioned in the Techno-commercial bid.

I) Experience :

List of similar P.O’s executed during the period required as per tender:
S. Name of the Value work Client name and Status of Details of
No supply contract address completion supply
. executed

Attach P.O copies with completion certificates towards proof of the above.

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ANNEXURE-III

DETAILS REGARDING CAPABILITIES WITH RESPECT TO PERSONNEL,


EQUIPMENTS AND MANUFACTURING FACILITIES ETC.

1 Name of the party :

Party’s work/Unit :

2. Name & capacity of main Machines/Facilities available:

SR NO ACTIVITY NOS. OF M/C CAPACITY REMARKS

Attach additional sheet, if required.

3. Qualiity Check available :

4. Total Installed capacity per annum :

5. Details of purchase orders in hand :

Customer PO Qty Bal PO Quantity to Remarks


Qty be supplied
per month

6. Permanent sanctioned Power availability :

7. Standby Power availability (DG) :

8. Availability of spare capacity per Month :

SR NO DESCRIPTION Nos.
1. Total Capacity per Month
2. Orders in hand per Month
3. Net Capacity available (Spare Capacity per
Month)

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ANNEXURE - IV
CHECKLIST FOR TENDERER

DOCUMENTS ENCLOSED / CONDTIONS ACCEPTED (YES/NO)

01. Scanned copy of valid instrument towards EMD for each quoted
tender is uploaded Technical / commercial bid only using Digital
Signature.
02. Valid copy of notarized MSME/NSIC certificate uploaded (for those
who claiming exemption for EMD being registered with NSIC/MSME)
using Digital Signature.
03 Complete technical bid provided by the Corporation duly uploaded
digitally signed as a confirmation of accepting all terms & conditions
mentioned in the tender .
04 All Annexure and formats , duly filled in, signed and stamped,
uploaded digitally signed.
05. Required details against the given Pre Qualification Criteria (PQC)
have been uploaded using Digital Signature duly certified / notarized.

06. Price bid duly filled in given format is uploaded using Digital
Signature.
07. When the person signing the tender / agreement is not the sole
Proprietor or authorized representative of the company, a notary
certified copy of power of attorney thereof authorizing such person to
act and sign on behalf of the company is uploaded.
08. In case of deviation confirm that the same has been highlighted
separately. Datasheets/Technical literature duly filled in are uploaded.
09. Confirmation w.r.t. spare capacity is enclosed.
10. All undertakings required on Letter Head uploaded duly signed and
stamped, digitally signed
11. Copy of completed purchase order(s) alongwith completion
certificates for execution of similar work in last five years uploaded.
12. Copy of balance sheet and Profit and Loss A/c for the last 3 financial
years w.r.t. Turn Over uploaded.
13 Latest copy of sales tax /VAT registration certificate uploaded.

14 Copy of PAN Card uploaded


15 Copy of ITRs for the last 3 financial years uploaded as per tender
document
16 Copy of Excise Registration Certificate
17. Certificate of Incorporation/Partnership Deed
18. Certificate of Manufacturing e.g. Factory License
19. Bank Details along with cancelled cheque
20 Declaration on MSME Registration

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ANNEXURE - V

UNDERTAKING
(BY THE TENDERER(S))
NAME OF WORK:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

Tender No. : ___________________________________________

We confirm that we have quoted the rates in the tender considering Inter-alia the
1. Tender Document(s)
2. Additional Document(s) (if any)
3. BOQ Document (Price Bid Format)
4. Corrigendum (if any)
5. Pre Bid Meeting Minutes (if any)

We ________________________________________________________ (Name of the


Tenderer) hereby certify that we have fully read and thoroughly understood the tender
requirements and accept all terms and conditions of the tender including all
corrigendum/addendum issued, if any. Our offer is in confirmation to all the terms and
conditions of the tender including all corrigendum/addendum, if any and minutes of the pre-
bid meeting. In the event our offer is found acceptable and contract is awarded to us, the
complete tender document shall be considered for constitution of Contract Agreement.

SIGNED FOR AND ON BEHALF OF TENDERER(S)

Name of Tenderer(s)
Date : __ _/__ _/_ _ _ _

Place :

Seal & Signature of Tenderer

NOTE: This declaration should be signed by the Tenderer's authorized representative on


COMPANY LETTERHEAD who is signing the Bid and scanned copy to be uploaded

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ANNEXURE-VI

DETAILS OF RELATIONSHIP WITH IOC’S DIRECTOR ETC.

Vendor should furnish following details in the appropriate part based on their organizational
structure.

Organizational Structure Part of the form applicable

Sole Trader Part-A

Partnership Part-B

Company Private/Public Part-C

PART A

(APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)

1. Name of Vendor

2. Office Address Residence Address

3. State whether Vendor is related to any Yes / No*


Director/(s) of the Indian Oil Corporation
Ltd.

4. If ‘Yes’ to 3, state the name of IOC’s


Director and Vendor’s relationship with
Him/her.

* Strike out whichever is not applicable.

PLACE:

DATE:

SIGNATURE OF TENDERER

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PART – B

(APPLICABLE WHERE THE TENDERER IS PARTNERSHIP FIRM)

1. Name of the Partnership firm responding to


the tender

2. Address

3. Name of Partners

4. State whether any of the partners is a Yes/No*


Director to the Indian Oil Corporation Ltd.

5. If ‘Yes’ to 4 state the name(s) of IOC’s


Directors

6. State whether any of the partners is related Yes/No*


to any of the Director(s) of the Indian Oil
Corporation Ltd.

7. If ‘Yes’ to 6, state the name(s) of IOC’s


Director and the concerned partner’s
Relationship with him/her.

* Strike out whichever is not applicable.

PLACE:

DATE:

SIGNATURE OF TENDERER

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PART C

(APPLICABLE WHERE THE TENDERER IS A PUBLIC / PRIVATE LTD. CO.

1. Name of the Company responding to the


tender

2. Address of :

a) Registered Office:

b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co.


or Public Ltd. Co.

4. Names of Directors of the Company

5. State whether any of the Directors of the Yes/No*


Tenderers Company is a Director of Indian Oil
Corporation Ltd.

6. If ‘Yes’ to (5) state the name(s) of IOC’s


Directors.

7. State whether any of the Director of the


Tenderer Company is related to any of the
Director’s of the Indian Oil Corporation Ltd.

8. If ‘Yes’ to (7) state the name(s) of IOC’s


Director and the concerned Director’s (of
the Tenderer Co.) relationship with him / her.

* Strike out whichever is not applicable.

PLACE :

DATE :

SIGNATURE OF TENDERER

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ANNEXURE - VII

DECLARATION ‘D’

Tenderer is required to state whether they have employed any retired Director and above
rank officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be
submitted:

1. Name of the Person :

2. Post last held in IOCL :

3. Date of retirement :

4. Date of employment in the firm :

TENDERER’S SIGNATURE & SEAL

DATE:

PLACE:

N.B.

1. A separate sheet may be attached, if the above is not sufficient.

2. Strike out whichever is not applicable. If the Tenderer employs any person
subsequent to signing the above declaration and the employee/s so appointed
happens to be the near relatives of the Officer / Director of the Corporation / Central
/ State Governments, the tenderer should submit another declaration furnishing the
name/s of such employee/s who is / are related to the officer/s of the
Corporation/Central/State Governments.

SIGNATURE OF TENDERER

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ANNEXURE - VIII

PERFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

(FORMAT TO BE TYPED ON TENDERERS’ LETTERHEAD AND SUBMITTED ALONG WITH TECHNICAL BID
DOCUMENTS WITH SIGNATURE AND STAMP)

In the case of a Proprietary concerns:

I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s
_________________________________________, which is submitting the accompanying Bid/Tender, nor any other
concern in which I am proprietor nor any partnership firm in which I am involved as a Partner are presently on any
black list or holiday list declared by Indian Oil Corporation Limited or by any department of any Government(State
Provincial ,Federal or Central)or by any Public Sector Organization in India or in any other country, nor is there pending
any inquiry by Indian Oil Corporation Ltd. Or any Department of the Government or by any Public Sector Organization in
India or in any other country, in respect of any corrupt or fraudulent practice(s) against me or any other of my
proprietorship concern(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a
partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence thereof state “NIL”)

It is understood that if this declaration is found to be false, in any particular, Indian Oil Corporation Ltd., shall have the
right to reject my/our/bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice
to any other right or remedy(including black listing or holiday listing)available to Indian Oil Corporation Ltd

In the case of a Partnership Firm:

We hereby declare that neither we, M/s_______________________________________submitting the accompanying


Bid/Tender nor any partner involved in the said firm either in his individual capacity or as proprietor or partner of any
other firm or concern presently are on any blacklist or holiday list declared by Indian Oil Corporation Ltd. Or by any
department of Government(State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any
other country nor there is any pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any
Government(State, Provincial,Federal or Central) or by any Public Sector Organization in India or in any other country,
in respect of corrupt or fraudulence practice(s) against us or any partner or any partner or any other concern or firm of
which he is proprietor or partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence thereof state “NIL”)

It is understood that if this declaration is found to be false, in any particular, Indian Oil Corporation Ltd., shall have the
right to reject my/our/bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice
to any other right or remedy(including black listing or holiday listing)available to Indian Oil Corporation Ltd

In the case of Company:

We hereby declare that neither we or a parent, subsidiary or other company under direct or indirect common
parent(associate company) are presently on any holiday list or black list declared by Indian Oil Corporation Ltd. Or
by any Department of any Government (State, Provincial, Federal or Central)or by any Public Sector Organization in
India or in any other country and that there is no pending inquiry by Indian Oil Corporation Ltd. Or by any Department of
any Government( State, Provincial, Federal or Central) or any Public Sector Organization in any country against us or a
parent or subsidiary or associate company as aforesaid in India or in any other country, in respect of corrupt or
fraudulent practice(s),except as indicated below:

(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence thereof state “NIL”)

It is understood that if this declaration is found to be false, in any particular, Indian Oil Corporation Ltd., shall have the
right to reject my/our/bid, and if the bid has resulted in a contract, the contract is liable to be terminated without prejudice
to any other right or remedy(including black listing or holiday listing)available to Indian Oil Corporation Ltd.

Place : Signature of Bidder:


Date : Name of Signatory:

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ANNEXURE - IX
BANK GUARANTEE (SPECIMEN) FOR
EARNEST MONEY DEPOSIT (EMD)
(ON Rs. 100/- STAMP PAPER)

Bank Guarantee No : ________________________________

Dated : ________________________________

Amount Rs. : ________________________________

Valid up-to : ________________________________

To,

Indian Oil Corporation Limited.

Dear Sir,

1. In consideration of Indian Oil Corporation Limited (hereinafter called “ The


Corporation’) having agreed to accept________________________(name of the
tenderer) (hereinafter called the said tenderer) Earnest money in the form of Bank
Guarantee, under the terms and conditions of tender No.________________
dated__________ in connection with __________________________(mention the
details of the tender) (hereinafter called “the said tender”), for the due observance
by the said tenderer of the stipulation to keep the offer open for acceptance for a
period of ____________________days from the date of the opening of the tender
and other stipulation of the tender we, __________________(indicate the name of
the bank) hereinafter referred to as ‘the Bank’ at the request of
__________________________(mention the name of the tenderer) do hereby
undertake to pay on demand to the Indian Oil Corporation Limited an amount not
exceeding Rs._________________ in the event of the said tenderer having incurred
forfeiture of earnest money as aforesaid or for the breach of any of the terms or
conditions or the stipulations of the said tender and/or the contract if awarded
including but not limited to non performance of the contract caused due to revision
in price/pricing basis after close of the pricing part of the tender under an order of
the Indian Oil Corporation Limited.

2. We______________________(indicate the name of the bank) do hereby undertake


to pay the amounts due and payable under this guarantee without any demur,
merely on a demand from the Indian Oil Corporation Limited stating that the amount
claimed is due by way of forfeiture of earnest money or any loss or damage caused
to or suffered or would be caused to or suffered by Indian Oil Corporation Limited by
reason of breach by the said tenderer any of the terms or conditions or stipulations
contained in the said tender or by reason of the tenderer’s failure to perform the
stipulations of the said tender. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs.________________.

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3. We_____________________(indicate the name of the bank) undertake to pay to the


Indian Oil Corporation any money so demanded notwithstanding any dispute or
disputes raised by the tenderer in any suit or proceedings pending before any court
or Tribunal or arbitrator relating there to our liability under this present being
absolute and unequivocal. The payment so made by the bank under this bond shall
be a valid discharge our liability for payment there under and the tenderer shall have
no claim against us for making such payment.

4. We______________________ (indicate the name of the bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that
would be taken for the performance of the terms, conditions or stipulation of the said
tender and that it shall continue to be enforceable till all the dues of the Indian Oil
Corporation Limited under or by virtue of the said tender/contract have been fully
paid and its claims satisfied or discharged or till Indian Oil Corporation Limited
certifies that the terms and conditions of the said tender have been fully and
properly carried out by the said tender and accordingly discharge this guarantee.
Unless a demand or claim under this guarantee is made on us in writing on or
before__________________ we shall be discharged from all liability under this
guarantee.

5. We ______________________ (indicate the name of the bank) further agree with


the Indian Oil Corporation Limited that the Indian Oil Corporation Limited shall have
the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said tender or
to extend time of performance by the said tenderer from time to time or to postpone
for any time or from time to time any of the powers exercisable by the Indian Oil
Corporation Limited against the said tenderer and to forbear or enforce any of the
terms and conditions relating to the said tender and shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said
tenderer or for any forbearance, act or omission on the part of Indian Oil Corporation
Limited or any indulgence by the Indian Oil Corporation Limited to the said tenderer
or by any such matter or thing whatsoever which under the law relating to sureties
would, but for this provisions have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the
bank or the tenderer.

7. We,_________________(indicate the name of the bank) lastly undertake not to


revoke this guarantee during its currency except with previous consent of the Indian
Oil Corporation Limited in writing.

Dated the ___ day of ____ 200

For _________________

(indicate the name of bank)

Place :

Date:

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ANNEXURE - X

INDEMNITY BOND FOR LOST DEPOSIT RECEIPT

WHEREAS DEPOSIT RECEIPT NO........................... dated ................. for Rs.....................


issued by Indian Oil Corporation Limited in favour of the undersigned as Earnest Money
Deposit for due fulfilment of our obligations under the Tender No....................... in respect
of ...................... has been mislead or lost by us and the same is not traceable in spite of
due and diligent search made by us for the same AND WHEREAS Indian Oil Corporation
Limited have at our request and entirely agreed to refund to us the amount recovered by
the said DEPOSIT RECEIPT on our executing these presents in the manner hereinafter
appearing NOW KNOW YE AND THESE PRESENTS WITNESS that we, THE UNDERSIGNED
(name and address).............................................................................................. for
ourselves and our heirs execution and administrators and our assigns do hereby agree
covenant and undertake to Indian Oil Corporation Limited and its successors and assigns
fully and effectively indemnified and keep Indian Oil Corporation Limited and its, successors
and assigns fully and effectively indemnified against all claims action and demands, losses
and damages and costs charges and expenses respectively that they and their successors
and assigns might suffer and be put to by reasons of refunding to us the under signed the
sum covered by the said DEPOSIT RECEIPT and we our heirs executors and administrators
and our successors and assigns hereby record having agreed to reimburse Indian Oil
Corporation Limited, the amount of all claims, losses, damages costs charges and expenses
suffered by them in the premises aforesaid.

IN WITNESS WHEREOF we the undersigned have hereto set and subscribe our signature the
day and year first herein above written.

Signature of the Executor

Witness:

1) Name & Address:

2) Name & Address:

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ANNEXURE - XI

BANK GUARANTEE (SPECIMEN) FOR


SECURITY DEPOSIT
(ON Rs. 100/- STAMP PAPER)

1. In consideration of the Indian Oil Corporation Limited having its Registered Office at
_________________(hereinafter called ”The Corporation”) having agreed
exempt________________(hereinafter called “The said contractor(s) /Supplier(s) /
Seller(s)”) from the demand under the terms and conditions of an Agreement
dated______________ made between ________________and
__________________for___________(hereinafter called ”The said Agreement”), of
Security Deposit for the due fulfilment by the said contractor(s) / Supplier(s)/-
Seller(s) of the terms and conditions contained in the said Agreement, on production
of a Bank Guarantee for Rs.______________(Rupees ___________only),
we___________(hereinafter referred to as ”The Bank” at the request of_________
Contractor(s) / Supplier(s)/-Seller(s) do hereby undertake to pay to the Corporation
an amount not exceeding Rs. _____________________against any loss or damage
caused to or suffered or would be caused to or suffered by the Corporation by
reason of any breach by the said Contractor(s) /Supplier(s)/-Seller(s), of any of the
terms or conditions contained in the said Agreement.

2. We________________(indicate the name of the bank) do hereby undertake to pay


the amounts due and payable under this guarantee without any demur, merely on a
demand from the Corporation stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Corporation by reason
of breach by the said Contractor(s) /supplier(s)/-Seller(s) of any of the terms or
conditions contained in the said Agreement or by reason of the Contractor(s) /
Supplier(s)’ failure to perform the said Agreement. Any such demand made on the
bank shall be conclusive as regards the amount due and payable by the bank under
this guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs________________.

3. We undertake to pay to the Corporation any money so demanded notwithstanding


any disputes or disputes raised by the Contractor(s)/Supplier(s)/-Seller(s ) in any suit
or proceedings pending before any court or Tribunal or Arbitrator relating thereto our
liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability
for payment there under and the Contractor(s)/Supplier(s)/-Seller(s) shall have no
claim against us for making such payment.

4. We,_______________ further agree that the guarantee herein contained shall


remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all
the dues of the Corporation under or by virtue of the said agreement have been fully
paid and its claims satisfied or discharged or till_________office/department
at________________-certifies that the terms and conditions of the said agreement
have been fully and properly carried out by the said Contractor(s)/Supplier(s)-
Seller(s) and accordingly discharge this guarantee. Unless a demand or claim under

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this guarantee is made on us in writing on or before _______________ we shall be


discharged from all liability under this guarantee thereafter.

5. We, __________________ (indicate the name of Bank) further agree with the
Corporation that the Corporation shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said agreement or to extend time of performance by the
said Contractor(s)/Supplier (s)/-Seller(s)from time to time or to postpone for any
time or from time to time any of the powers exercisable by the Corporation against
the said Contractor(s)/Supplier(s)/-Seller(s) and to forbear or enforce any of the
terms and conditions relating to the said agreement and shall not be relieved from
our liability by reason of any such variation or extension being granted to the said
Contractor(s)/Supplier(s)-Seller(s) or forbearance, act or omission on the part of the
corporation or any indulgence by the corporation to the said
Contractor(s)/Supplier(s)-Seller(s) or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provisions have effect of so
relieving us.

6. This guarantee will not be discharged due to change in the constitution of the Bank
or the Contractor(s)/Supplier(s)/-Seller(s).

7. We,________________- (indicate the name of Bank) lastly undertake not be


revoke this guarantee during its currency except with the previous consent of the
corporation in writing.

Dated_____________ the day of _________200

For ________________________________

(indicate the name of Bank)

PLACE:…

DATE:…

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ANNEXURE - XII

INDIAN OIL CORPORTION LIMITED (M D)


NORTHERN REGION OFFICE
REGIONAL CONTRACT CELL

AGREEMENT
(On Rs.100/- Stamp Paper)

INDIAN OIL CORPORATION LIMITED


(MARKETING DIVISION)
NORTHERN REGION

Articles of agreement made at New Delhi this _____________day of ____________ One


Thousand Nine Hundred and Ninety ______________ between the INDIAN OIL
CORPORATION LTD.(MARKETING DIVISION), a Corporation incorporated under the Indian
Companies Act I 1956, being an undertaking of the Govt. of India and having its Registered
Office at – Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai - 400 051
hereinafter referred to as “The Corporation” of the One part and M/s.
______________________________ sole Trader/s Partnership Firm/ Private/ Public Ltd. Co.
registered under the Indian Partnership Act of 1932 / Companies Act I, 1956 and having its
office at_________________________________________________________
___________________________________________________________ hereinafter called
“The Seller” which expression shall be deemed to include the seller’s successors (approved
by the Corporation) representative, heirs, executors and administrators on the other part.
WHEREAS the Corporation is desirous of obtaining certain Equipment/ Materials specified in
the attached Schedule and / or Purchase Orders and WHEREAS the sellers have agreed with
the Corporation for the supply of the said stores specified in the said schedule upon certain
terms and conditions hereinafter provided and WHEREAS the parties are desirous of
reducing to writing the terms and conditions of the contracts on which the sellers have
agreed with the Corporation for the supply of the said Equipment / Materials, NOW IT IS
HEREBY AGREED by and between the parties hereto as under :

1. EQUIPMENT/ MATERIALS TO BE SUPPLIED :

The sellers shall duly supply the said Equipment/ Materials as per description, quantity
and rates specified in the schedule and/or purchase orders placed by the Corporation
from time to time and in all respects with the specification designs, drawings and
instructions in writing referred to in schedule and or said Purchase Orders.

2. MANNER & PERIOD IN WHICH THE EQUIPMENT/MATERIALS ARE TO BE


SUPPLIED :

The sellers agree and undertake to supply the equipment/ materials set forth in the
schedules/ purchase order No. ________________________________________ dated
___________ and subsequent amendments if any, issued thereto from time to time.

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The said equipment/materials being goods of merchantable quality shall throughout the
stipulated period of the contract be supplied with the due diligence, promptness, care
and accuracy and in a workman like manner to the satisfaction of the Corporation and in
accordance with the said specification, designs, drawings and instructions or before the
aforesaid due date, time being the essence of the contract on the part of the sellers.

3. INSPECTION OF SUPPLIES :

The Corporation through its authorised representative reserves the right to inspect
periodically during the manufacture or before delivery all equipment and materials and
workmanship for the acceptance of quality and efficiency. The said representative will
be sole judge thereof if at the time, during the progress of any particular portion of
manufacture or before delivery of materials is unsatisfactory, the corporation shall be
entitled to take action under clause No.5 (FIVE) of the Corporation’s General Conditions
of Contract after giving the Sellers 15 days/ one month/ three months notice in writing
as considered appropriate and the sellers will have no claim for compensation for any
loss sustained by them owing to such action. All equipments and materials under or in
course of execution or executed in pursuance of this contract, shall at all times be open
to the inspection and supervision of the Corporation and their authorised representative
Agents. The sellers shall at all time, during usual working hours and at all other times
after having received reasonable notice, allow the Corporation and their authorised
representatives and agents to visit the contractor’s premises and carry out the
necessary orders and instructions.

4. PAYMENT :

The Corporation shall pay to the Sellers in respect of the said equipment/materials
mentioned in the schedule/ Purchase Orders on the basis of the rates specified in the
said schedule/ purchase orders.

5. SECURITY DEPOSIT:

5.1 Within two weeks of Corporation’s communication to the successful Tenderer of


acceptance of the rates, he will have to deposit with the Corporation a sum equivalent
to 10% of the value of the contract subject to maximum of Rs.1.00 Lakh (Rupees One
Lakh only) as Security Deposit in any one of the following manner:

a) In Cash on which no interest will be allowed.

b) Demand Draft/Pay Order of Scheduled/ Nationalised Banks in favour of the


Corporation. Cheques are not acceptable towards Security Deposit. FDR / TDR
towards S.D. will not be accepted.

c) Guarantee Bonds executed by Nationalised Bank/ Scheduled Bank valid for a period
of completion plus 3 months. If the suppliers desire to pay the Security Deposit by
way of Bank Guarantee, they should submit Bank Guarantee for the full amount
before commencement of supply. The Bank Guarantee should be directly sent to
the Corporation by the Bankers under their covering letter. No Bank Guarantee will
be accepted for Security Deposit of value less than Rs.25,000/-.
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Public Sector Undertakings are not exempted from payment of Security Deposit.

SECURITY DEPOSIT WILL NOT CARRY ANY INTEREST.

5.2 The corporation shall be entitled, without being bound to do so, to adjust the whole or
any portion of the Security Deposit towards the recovery of any amount due to us from
the Tenderer. In the event of Security Deposit being reduced from the original
quantum due to recoveries as aforesaid the tenderer shall, within 15 days of recovery,
make good the deficiency in Security Deposit either by cash or by way of Demand
Draft. The Security Deposit or such portion thereof as has not been adjusted towards
the recovery of amounts due from the tenderer to us will be refunded to the Tenderer
within 3 months of the satisfactory completion of the contract and after the deposit
receipt is duly discharged and returned to IOC. No interest will be payable by IOC to
the Tenderer on the amount of the Security Deposit.

6. RISK PURCHASE:

In case the successful tenderer fails to deliver the quantity as stipulated in the delivery
schedule, Corporation reserves the right to procure the same or similar materials from
alternative sources at the risk cost and responsibility of the successful tenderer.

7. PRICE DSCOUNT FOR DELAY IN DELIVERY:

The sellers hereby agree to pay to the Corporation by way of price discount for delay in
delivery, and not as penalty, an amount equal to ½% (half percent) of the contract
value of the material so delayed for each week or part thereof of such delay in delivery
subject to maximum of 10% of the total contract value.

8. SUB LETTING OF CONTRACT:

The seller shall not sub-let or assign this contract or any part thereof without the written
permission of the Corporation. In the event of the Seller’s sub-letting or assigning this
contract or any part thereof without such permission, the Corporation shall be entitled to
cancel the contract and the purchase the materials elsewhere on the Seller’s account and
risk and the Seller shall be liable for any loss or damage which the Corporation may
sustain in consequence of or arising out of such purchase.

9. INSPECTION & REPLACEMENT:


(a) The supplier should note that it is not incumbent upon Corporation to check and
test each and every item out of the consignment received and Corporation will
make only random checks.

(b) If, any item found defective either as a result of the checks/tests carried out, or
while in use, Corporation shall return such defective item(s) to the supplier.

(c) The supplier shall make their own arrangements to take back such rejected
consignment, purely at their own cost. If the supplier fails to take back the
punctured consignment within a period of 14 days from the date of rejection,

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Corporation shall be free to dispose of the same at the risk and cost of the
supplier.

10. PERFORMANCE BANK GUARANTEE:

The vendor shall furnish Performance Bank Guarantee for 10% value of the
Purchase Order at the time of commencement of supply. This Bank Guarantee
shall remain in force for 24 months from the date of dispatch (Date of
commencement of supply). It will be responsibility of the Vendor to keep the Bank
Guarantee fully subscribed. Any shortfall in the value of the Bank Guarantee as a
result of encashment by the Corporation either in full or in part in terms of the
Performance Guarantee shall be made good by the Vendor within one week thereof.
Such BG should be submitted in a sealed envelope of the issuing Bank and
should not be in open condition.

11. FORCE MAJEURE CLAUSE:


If at any time during the continuance of the Purchase Order the performance in whole
or in part by either party of any obligation under this purchase order shall be
prevented or delayed by reason of any war, hostility act of public enemy, civil
commotion, sabotage, fires, floods, explosions, epidemics, quarantine, restrictions,
strikes, lockouts or acts of God (hereinafter referred as event) then provided notice of
the happening of any such event if given by the party to the other within 21 days from
the date of occurrences thereof, neither party shall by reason of such event be entitled
to terminate the contract nor shall either party have any claim for damage against the
other in respect of such non-performance.

Deliveries under the purchase order shall be resumed as soon as practicable after such
event has come to an end or ceased to exist and decision of the Chairman /Director(M)
of the Corporation concerned as to whether the deliveries have been so resumed or
not shall be final and conclusive provided further that the performance in whole or part
of any obligation under the contract is prevented/ or delayed by reason of any such
event for a period exceeding 60 days either party may at its option terminate the
purchase order.

12. CANCELLATION:

The Corporation reserve the right to cancel the contract forthwith upon or at any time
after the happening of any of the following events viz. –

(a) If the Tenderer shall commit a breach of any of the terms and conditions of tender
and fail to remedy such breach within fifteen days of the receipt of the written
notice from us in regard thereto.
(b) On the death or adjudication of insolvent of the Tenderer if he be an individual.
(c) Liquidation whether voluntarily or otherwise on the passing of an effective
resolution for winding up the Tenderer if it be a company.
(d) If the attachment is levied or continued to be levied for a period of seven days
upon the effects of the Tenderer or of any individual or partner of the Tenderer
firm.
(e) If the Tenderer does not adhere to the instructions which may be issued from time
to time by us in connection with the manufacture of the barrels, our right to so
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terminate the contract shall be without prejudice to any of our other rights and
remedies against the Tenderer and in the event of our so terminating the contract,
we shall not be liable to pay for any loss or compensation in respect of such
termination.

Corporation’s rights to terminate the contract shall be without prejudice to any of its
other rights and remedies against tenderer and in the event of corporation so
terminating the contract; it shall not be liable to pay any loss or compensation in
respect of such termination.

13. JURISDICTION:

The Courts in the city of New Delhi alone shall have the jurisdiction to entertain any
application or other proceedings in respect of any disputes arising under this
Agreement and any award made by sole arbitrator shall be filed in the concerned
courts in the aforesaid city alone.

14. AGREEMENT:

This agreement is subject to the General Conditions of contract in so far as the same is
not inconsistent with or repugnant to the above clause. A copy of the General
conditions would be deemed to have been studied and agreed to by the contractors
before their signing this agreement.

This agreement is subject to the special conditions stipulated in our schedule and or
Purchase Order No. _______________________ dated ___________ and subsequent
amendments, if any, issued from time to time.

SIGNATURE OF (SELLER)
SIGNATURE OF (CORPORATION)
WITNESS WITNESS

1. 1.

2. 2.

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ANNEXURE - XIII

ON STAMP PAPER OF RS. 100/-

WARRANTY
We M/s ________________________________________________ the contractors having
our office at ________________________________________________________ do
hereby give guarantee to Indian Oil Corporation Ltd., for the under-mentioned supply
executed by us:

Name of Supply :

Purchase Order No. :


(and other details)

Date of commencement :

Date of completion :

We undertake without reservation, to provide guarantee / warranty as per standard


guarantee / warranty clauses to the corporation in respect of the supplies mentioned above.
We further undertake during the period of this guarantee / warranty to repair frees of
charge any defects that may arise on account of defects / faults in workmanship or quality.
We shall not be responsible for any defects on account of alternations in the material /
equipment carried out subsequent to the Purchase Order originally executed by us.

This is in line with the terms & conditions of the tender No.
________________________________________________________________ dated
________________________________ . It is also stated that I Smt. / Shri
__________________________________________ (the undersigned) have the authority to
execute this undertaking on behalf of M/s
___________________________________________________ (contractor).

For and on behalf of M/s. ______________________________________


Date & Address:

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ANNEXURE - XIV

INDIAN OIL CORPORTION LIMITED


(MARKETING DIVISION)
NORTHERN REGION OFFICE
REGIONAL CONTRACT CELL
(TO BE EXECUTED ON STAMP PAPER OF RS.100)

PERFORMANCE BANK GUARANTEE

Bank Guarantee No.---------------------


Dated: --------------------------------------------
Amount Rs. --------------------------------------
Valid Up to: --------------------------------------
To,

Indian Oil Corporation Limited

WHEREAS Indian Oil Corporation Limited (hereinafter called the 'CORPORATION' which
expression shall include its successors, assigns) has placed a Purchase Order No.--------------
--------------------------dated---------------on Messrs---------------------having its Registered
Office at ---------------------------------------------------(hereinafter called 'the Supplier' which
expression shall in so far as the context admits include their successors and assigns) for the
purchase of -----------------------------on terms and conditions mentioned in the said Purchase
Order.

AND WHEREAS in terms of Clause No.----------------of the said Purchase Order the Suppliers
are required to submit a Bank Guarantee for 10% of the Order value amounting to Rs.-------
---------------towards the performance of the units during the warranty period spelt out in the
said order:

AND WHEREAS we --------------------, the Bank (hereinafter called the 'Bank' which
expression shall include its successors assigns) on the request made by the Suppliers have
agreed to give the required Bank Guarantee aforesaid.

NOW THIS INDENTURE WITNESSETH that it is agreed by and between the parties hereto as
follows:

1. We, the Bank so as to bind ourselves and our successors and assigns do hereby
irrevocably undertake and guarantee performance of the units that may be supplied by
the suppliers under the above said Purchase Order and do hereby irrevocably undertake
to pay to you on demand in writing without demur and without reference to the
Suppliers all and any sums of money at any time or from time to time demanded by you
upto an aggregate limit of Rs.----------------- which being the 10% value of the above
said Purchase Order if all or any of the Units that may be supplied by the Suppliers fail/s
in their warranty period mentioned in the Contract.

2. We, further, agree that the guarantee herein contained shall remain in full force and
effect upto and until the date of completion of the warranty period mentioned in the
Contract which is 18 months from the date of commissioning or 24 months from the date
of despatch whichever is earlier, provided always that notwithstanding anything hereinto
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fore contained the liability of the Bank hereunder shall remain valid till ---------------------
----------------------------, after which date it will automatically lapse unless a demand is
made by the Corporation before that date.
3. Although as between the Bank and Suppliers the Bank is the guarantor only, the Bank
agrees and confirms that as between itself and the Corporation, the Bank shall be
primarily liable for the payment of the amount/s that may be claimed by the Corporation
by virtue of this guarantee and that the Bank shall be treated as the principal debtor.

4. We further agree that the Corporation shall have the fullest liberty without affecting in
any manner our obligations hereunder and without reference to us to vary any of the
terms and conditions of the said Contract and/or to extend time of performance by the
Suppliers from time to time or to postpone for any time or from time to time any of the
obligations of the Suppliers or powers exercisable by the Corporation against the
Supplier and/or forbear to force any of the terms and conditions of or relating to the said
Contract and that we shall not be released from our liability under this
Guarantee/Undertaking by reasons of any such variation or extension being granted to
the said Supplier or for any forbearance and/or omission on the part of the Corporation
or any indulgence by the Corporation to the Suppliers.

5. The Bank will not be entitled to any of the rights conferred on Sureties by Sections 133,
134, 135, 139 and 141 the Indian Contract act, 1872.

6. The Bank will not require any proof or judgment, document, decree or any direction from
any Court/Arbitrator or otherwise to substantiate the claims of the Corporation against
the Suppliers. The right of the Corporation under this Guarantee will not be affected by
reason of any pending proceeding before any Court or Arbitrator.

7. Notwithstanding any thing contained hereinbefore our liability under this Guarantee is
restricted to Rs.----------------------

8. We further agree that this Guarantee shall not be affected by any change in the
Constitution of the Bank or the Suppliers.

Yours faithfully,

For---------------------------------------------------Bank
Signature--------------------------------------------
Specimen Signature No.--------------------------
Name -----------------------------------------------
Designation----------------------------------------
Name of the Branch-------------------------------

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ANNEXURE - XV
Format for giving consent and bank details on Letter Head
Dated:
To ,
M/s Indian Oil Corporation Ltd.
Northern Regional Office,
IndianOil Bhavan, Yusufsarai,
1, Sri Aurbindo Marg, New Delhi 110 016

Dear Sir ,

With reference to your advise, we hereby agree to accept the payment of our bills through
“RTGS/NEFT/Electronic Mode”.

The desired bank account details are given below:


1. Vendor Code allotted by IOCL in SAP

2. Name of Beneficiary (i.e IOCL Vendor )

3. Name of the Beneficiary’s Bank

4. Address of the Beneficiary’s Bank Branch


5. Contact details of Branch with STD Code

6. Beneficiary’s Bank Account No. (as per cheque copy


)
7. Beneficiary’s Account Type (SB/CC/CA)

8. Beneficiary’s Bank IFSC Code ( 11 Digit)


9. Mobile No of Beneficiary (One Number only)

10. E-Mail Id of Beneficiary (One Mail Id only)

A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the
accuracy of the bank account details.

I hereby declare that the particulars given above are correct and complete. I agree to receive
transactional SMS / E-Mail Alerts from IOCL with regard to my bill payments.
(Signature of Account Holder)
Seal of the Vendor
Encl: Cancelled Cheque
****
We hereby confirm that the above bank account details of beneficiary are correct in all respects
and the account of Beneficiary (IOCL vendor) is maintained at our bank branch.
(Name of Bank & Branch) Authorized Signatory

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SUPPLY OF WATER GEL BLANKET FOR NORTHERN REGION
TENDER NO. : RCC/NR/ SAFETY/ PT – 48/ 2015 - 16 DT 09.10.2015

ANNEXURE - XVI

MSME DETAILS

As per mandatory requirements, If failing under the catergory of Micro, Small and
Medium Enterprises (MSME) Development Act., then the vendor has to furnish the
confirmation as per below:
CONFIRMATION

1. *[ ] I/We confirm that the provisions of the said Act are applicable to us and our
organization falls under the definition of following categories :-

a. Micro Enterprises [ ] -

b. Small Enterprises [ ] -

c. Medium Enterprises. [ ] -

The above confirmation is to be given on the basis of having valid documents


with the Tenderer

a. [ ] Registration certificate of being Medium/Small / Micro Enterprise


Unit & having Registration Number

b. [ ] Registration certificate of being SSIU & holding a registration number

c. [ ] has filed a memorandum under the Act with the appropriate

authority

2. a. [ ] none of the provisions of this Act is applicable to us.


3. We belong to SC/ST categories SC [ ] ST [ ]

(* Please put a tick in the box against the appropriate clause mentioned above.)

( Please attach scan copies of current documents related to above confirmations,


if applicable)

Signature : _ _ ______
________
Name of the Person: _ ______
_______
Designation: _ ____________

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SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS UNDER NR
TENDER NO. : RCC/NR/ SAFETY/ PT -205/2017-18

ANNEXURE - XVII
LIST OF DIRECTORS OF INDIAN OIL CORPORATION LIMITED

1. Shri B Ashok Chairman 2. Shri Sanjiv Singh Director (Refineries)


Indian Oil Corporation Indian Oil Corporation Limited, SCOPE Complex
Limited, Corporate Office, Core-2 7, Institutional Area Lodhi Road
Plot 3079/3 New Delhi – 110003
Sadiq Nagar, JB Tito Marg
New Delhi-110049
3. Shri D Sen Director (P & BD) 4. A. K. Sharma
Indian Oil Corporation Limited, Director (Finance)
Indian Oil Bhawan Indian Oil Corporation Limited,
No.1, Sri Aurobindo Marg Corporate Office,
Yusuf Sarai Plot 3079/3
New Delhi – 110003 Sadiq Nagar, JB Tito Marg New Delhi-110049
5. Shri Cherian Verghese 6. Shri Anish Agarwal Director (Pipelines)
Director (Human Resource) Indian Oil Corporation Limited, Corporate
Indian Oil Corporation Office,
Limited, Corporate Office, Plot 3079/3
Plot 3079/3 Sadiq Nagar, JB Tito Marg New Delhi-110049
Sadiq Nagar, JB Tito Marg
New Delhi-110049
7. Shri B.S.Canth 8. Shri A.P.Sawhney
Director(Marketing) Additional Secretary
Indian Oil Corporation Limited Ministry of Petroleum & Natural Gas
(Marketing Division) Shastri Bhawan
Indian Oil Bhavan, New Delhi-110001
G-9,Ali Yavar jung Marg
Bandra(East)
Mumbai-400051
9. Shri Ashutosh Jindal 10. Shri Subroto Bagchi
Joint Secretary(M) Chairman
Ministry of Petroleum & Natural Gas Mindtree Ltd.
Shastri Bhavan Global Village,RVCE Post
New Delhi-110001 Mysore Road
Bengaluru-560059
11. Shri Sanjay Kapoor 12. Shri Parindu K. Bhagat
SCO 3,First Floor,Sector 11, A/F/1,Shapath Tower-IV
Panchkula-134112 Opposite Karnavati Club,Above Central
Haryana Bank
S.G. Highway
Ahmedabad-380015

Updated list, as on last date of submission of bid may be verified from website www.iocl.com

73 | P a g e
SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS UNDER NR
TENDER NO. : RCC/NR/ SAFETY/ PT -205/2017-18

ANNEXURE - XVIII

UNDERTAKING FOR GSTIN No. (Mandatory)

(Required in case of non-availability of GSTIN number)

We hereby confirm that we have submitted our response to the above mentioned tender.
We hereby mention that we do not have GSTIN as on date of submission of our response to the subject tender.
We hereby confirm that we shall obtain GSTIN as per applicable statutory rules in case of award of works by Indian Oil
Corporation Limited within 6 weeks from the date of receipt of Work Order.
We also hereby confirm that we shall submit our bills for payment only after submitting necessary documentary proof
towards GSTIN.

Signature:
Name & Address Seal:

Date:

NOTE: This undertaking should be signed by the bidder's authorized representative on their firm’s letterhead who is
signing the Bid and scanned copy to be uploaded.

74 | P a g e
SUPPLY OF SINGLE HEADED LANDING VALVES FOR LOCATIONS UNDER NR
TENDER NO. : RCC/NR/ SAFETY/ PT -205/2017-18

ANNEXURE - XIX

PROFORMA OF TENDER NOT TAMPERED

(TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED)

Note: Copy to be uploaded along with tender and original to be submitted during documents verification.

Subject: Tender No: ________________________________ due on ___________.

I/We _________________________________________________ (Name of Bidder), hereby declare


that:

• I/We have not tampered or modified the subject tender document in any manner and before
uploading, same has been cross-checked with documents hosted on your e-portal
https://iocletenders.gov.in. In case, if same is found to be tampered/modified, I/We understand that
my/our tender will be summarily rejected and EMD/SD may be forfeited and I am/We are liable to be
banned from doing business with and/or prosecuted.

• I/We, hereby confirm that if any discrepancy observed in the submitted tender even at a future
date, I/We will abide by all the terms and conditions as per all the documents hosted including
Addendums/Changes/Corrigendum, on your e-portal related with subject tender. I/We further assure that
we agree to all the decisions confirmed in Pre-Bid Conference of the subject tender.

Tenderer's Signature & Seal


Date:
Place:

Witness:
1) Name & Address: ____________________________________
____________________________________
____________________________________
2) Name & Address: ____________________________________
____________________________________
____________________________________

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