Professional Documents
Culture Documents
TENDER NO : HCC/OPS-04/PT-169/2018-19
E Tender Id :2019_MKTHO_89374_1
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Indian Oil Corporation Limited (MD)
INDEX
1 Statement of Credentials
G 63
2 Proforma for applicability of MSME
H 64
3 Declaration on Details of Relationship with IOC’s
Directors I 65
4 List of Directors
J 70
5 Declaration of Blacklisting/Holiday Listing
K 72
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Indian Oil Corporation Limited (MD)
11 114
Proforma for Bank Guarantee for EMD Q
14 120
State Office Wise list of IOCL supply locations T
15 Political state wise IOCL GST Registration details 124
U
16
Special Instructions to bidders for participating in e- Attached
tendering separately
17 FAQ’s –online EMD facility in IOCL e-tendering Attached
separately
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Indian Oil Corporation Limited (MD)
ANNXEXURE - A
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Indian Oil Corporation Limited (MD)
5. EARNEST
EMD Amount: Rs. 32,87,396/-
MONEY
DEPOSIT(EMD) EMD should be deposited as detailed below:
(Rs.)
Online EMD payment through Net Banking or NEFT/RTGS
Online EMD payment through Bank Guarantee
e) Bank Guarantee (BG) for the EMD should be valid upto 7 months
from the date of opening of bids.
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Indian Oil Corporation Limited (MD)
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Indian Oil Corporation Limited (MD)
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Indian Oil Corporation Limited (MD)
b) OPENING
OF TENDERS
1530 hrs of 29.01.2019, Indian Standard Time (IST)
TECHNICAL
BID
WITHOUT
PRICE BID
9 VALIDITY OF Offer shall be valid for 120 Days from date of opening of technical bid. In
BID/OFFER case of requirement, IOCL may seek further extension of the validity of
the offer from the bidders.
PERIOD OF Contract shall be valid for 5 year (excluding the roll-out period).
10
CONTRACT
11 MODE OF You may please note that this is an e-Tender and can only be
TENDER downloaded and submitted in the manner specified in ‘Special
SUBMISSION Instructions to bidders for participating in e-tender’ attached
separately in this tender
VERIFICATION
As the documents are being submitted by the bidders in the tender,
12 OF ORIGINAL
DOCUMENTS: the responsibility of authenticity of documents shall be with bidders.
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The intending bidders for this tender should have and mandatorily meet the pre-
qualification criteria as given below:-
Pre-Qualification Criteria
1. EITHER of the conditions set out below must be satisfied by such
prospective bidder.
OR
At least Two orders each of value not less than Rs. 38,59,83,328/-
OR
At least Three orders each of value not less than Rs. 28,94,87,496/-
In case of Micro and Small Enterprises (MSE), similar work order value
shall be:
OR
At least Two orders each of value not less than Rs. 328,085,829/-
OR
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Indian Oil Corporation Limited (MD)
At least Three orders each of value not less than Rs. 246,064,372/-
Supply, installation and customisation, route creation and mapping & Geo-
fencing, implementation, maintenance and operation of GPS and GPRS based
Vehicle Tracking System for POL / cargo / goods /material transportation
using commercially off the shelf (COTS) platform OR Client specific Custom
developed platform, in any Oil & Gas company or Govt. / Private Sector
client in any sector.
OR
OR
For the purpose of evaluation of work order with respect to similar work
definition and value thereof following shall be considered -
a) All work orders mentioned under the similar work definition above,
shall be considered suitable for the definition of similar work and
total value for such work orders shall be considered for this purpose.
b) Similarly, the cases where multiple orders are issued against one
single contract, total value of all such multiple orders shall be
considered provided that one or more items, mentioned under the
similar work definition above, is part of all such multiple orders.
Note:
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3. The completion certificate of the work order should include work order
reference, date of completion & final completed value of work. If,
required, IOCL shall seek additional documents and the bidder is required
to provide same.
4. For work orders following the OPEX model, for ongoing Work Orders total
revenue received against such work order in the last five (5) years prior
to the preceding month from date of advertisement of the NIT will be
counted as completed/executed value of work against PQC and this
should be proved by receipts of payment and / or bank statements or any
other duly authorized document from the customer which proves that the
payment has been made to the bidder from the customer.
6. Value of completed job inclusive of GST but exclusive of AMC value shall
be used for arriving at Single/Two/Three completed work order value.
2. Audited Annual Turnover of the prospective bidder in any of the last three
(3) financial years, as ending on 31st March, 2018 (i.e. for the financial years
of 2015-16, 2016-17 and 2017-18) should be at least Rs. 11,57,94,999/-
(including taxes). The bidder shall submit duly audited Profit and Loss
Account and Balance Sheets for the same.
For Govt /PSU firms, original letter from Company Secretary certifying the
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annual turnover for the applicable financial years may also be accepted.
Original letter will have to be produced at the time of verification of
documents.
Note: Provisional Balance Sheet and P&L account statement will not be
considered for evaluation, even if the same is uploaded
The prospective bidder should submit documents in support of the due satisfaction of
the Pre – Qualifying Criteria. If the prospective bidder fails to submit documents in
support of its satisfaction of the Pre – Qualifying Criteria it may lead to
disqualification of the bidder from the first round or evaluation of the Technical Bid
with Commercial Terms without Price Bid. Only such prospective bidders who satisfy
the Pre – Qualifying Criteria may submit / upload the bids in accordance with the
terms and requirements under the Tender Document.
c) Only Bidders shortlisted in stage 1 shall be evaluated in stage 2 for detailed Techno-
Commercial parameters given below.
e) Combined score shall be arrived at by weighing the quality (stage 2) and cost (stage
3) scores as detailed out in the table below in point no (f) below.
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B. Telematics Solution /
Electronic locking solution
for POL / cargo / goods /
material transportation
having inbuilt VTS
capabilities.
C. Digital / IOT
Implementation or ERP
integration dealing with
GPS based automation in
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Or else - 0 Marks
OR else - 0 Marks
4 Having Mobile apps for offered 15 If the vendor is having mobile apps for
solution. offered solution -15 Marks
Or else -0 Marks
else – 0 marks
T O T A L 100
b) Evaluation of parameter 1 will be based on Copy of the Purchase Order (PO) / Work
Order (WO) along with successful completion certificate submitted as per Pre-
Qualification criteria along with the bid.
c) Evaluation of parameter nos. 2, 3 & 4 will be through a presentation cum
demonstration by the Bidder(s) to IOCL. The presentation should also cover the
offered solution to IOCL in line with Scope of work mentioned in this Tender.
e) The technical presentation should be made by proposed team who shall be working
on this assignment with INDIANOIL. A signed copy of the presentation needs to be
submitted on this day for evaluation purpose.
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h) Price bid of the bidder will be opened for those scoring 70 or above in the
Techno-commercial evaluation.
In respect to the bidders who will score 70 and above in the Techno-Commercial
evaluation, in whose case, the price bid has been opened, a combined score shall be
arrived at by weighing the quality and cost scores and adding them as per the formula
mentioned below:
The following methodology will be followed for arriving at the selected party
Combined Score of a Bidder (Bidder A) for Techno Commercial & Price Bid will be:
The bidder with highest combined score shall be ranked H-1 followed by proposals
securing lesser marks as H-2, H-3 etc.
In the following table; technical and price bid evaluation process has been illustrated
below:
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1 A 88 100 600 75 60 30 90
Bidder C is having the highest combined score, thus H-1 bidder and would be given
preference for issuance of the LOA and award of contract.
The proposal securing highest combined marks and ranked H-1 will be provided with LOA and
shall be recommended for award of contract
Tie Breaker: In case, combined Techno-Commercial & Price Bid score of two (2) of more
bidders are identical, then the bidder having the lower price of the two or more bidders would
be considered as successful bidder.
INDIANOIL evaluation committee will determine whether the price bids are complete,
correct and free from any computational errors and indicate correct prices in local
currency (Indian Rupee - INR).
No counter conditions should be included in price bid. Conditional price bid shall be
summarily rejected.
IndianOil reserves the right to evaluate the bids based on reasonability and
workability of the offer.
The Price Bids of technically eligible / qualified bidders as mentioned above in the
Tender Document shall only be opened. The bidders have to quote rates as per BOQ
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(Price Bid). After the Price Bid is opened, reverse auction will be carried out based
on lowest quote value. Lowest amount available after reverse auction for each
bidder shall be considered as lowest rate and will be considered for further
evaluation.
In case, combined Techno-Commercial & Price Bid score of two (2) of more bidders
are identical, then the bidder having the lower price of the two or more bidders
would be considered as successful bidder.
In case there is a 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.
Since the tender proposal envisaged is centralised and unified in nature, the
project cannot be split, so the public procurement policy for micro and small
enterprises (MSE) Order 2012 (policy), a clause for 20 % reservation to MSE
bidders is not applicable.
Since the nature of the service (CVTMS Solution) is critical in nature involving
public safety in terms of real-time tracking of Tank Lorries carrying petroleum
products and keeping track of and raising immediate alerts concerning all
deviations as per ITDG guidelines, the relaxation for Startups will not be
applicable.
S. Conditions Remarks
No
Reverse Auction will be done on lowest quoted (price) value inclusive of all taxes
amongst the technically qualified bidders (for whom price bids will be opened). The
lowest amount quoted will be displayed as reverse auction amount and will be offered
for further reduction / modification. The reverse auction will be done on value terms.
Since QCBS mode of evaluation to arrive at H1 bidder (as explained above) has not
yet been facilitated in IOCL e-Tender portal, the modified quote (after Reverse
auction) of each bidder will be further processed manually to arrive at the
combined score, i.e Techno-commercial score + modified price bid score.
Based on above H1 bidder (as already explained above) will be decided and the price
quoted by the successful bidder will be back calculated to arrive at the discount
percentage applicable on each line item in the BOQ.
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After completion of reverse auction process, the quoted price of all technically eligible
Bidders will be further evaluated to arrive at the H1 bidder (Technical Score + Price
Bid score).
1) Tenderers to please note carefully the above schedule for Pre-Bid Conference since all
the clarifications, if any, with regard to Technical/ Commercial conditions shall be given
therein. Tenderers are advised to ensure that their queries must reach by e-mail addressed
to the Contact person as specified in NIT at least two working days in advance for this
purpose. Tenderers may also note that after the clarifications are given against the points
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discussed in Pre Bid conference, no further deviation shall be permitted and such
clarifications shall be binding on all bidders. All are requested to attend the Pre Bid
conference.
2) Any Addendum/ Corrigendum / Sale Date Extension in respect of the tender shall be
issued on our website https://iocletenders.nic.in only & no separate notification shall be
issued in the press. Bidders are therefore requested to regularly visit our website to keep
themselves updated.
3) Legal dispute, if any, arising during the evaluation of the tender shall be within the
jurisdiction of local courts at Mumbai.
4) Please visit our website https://iocletenders.nic.in for further details of this tender.
5) Bidders may note that the following are attached separately and uploaded in the e-
tendering portal:
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ANNXEXURE - B
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17 Statement of Credentials
18 Complete compilation of all documents needed for upload in the
Techno-commercial bid
25
All annexures are initialed at the lower right hand corner or
signed wherever required in the Tender Document by the bidder or
by a person authorized to sign on behalf of the bidder
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Indian Oil Corporation Limited (MD)
ANNEXURE –C
SCOPE OF WORK
1.1 INTRODUCTION
Indian Oil marketing division is looking for an Integrated & Enterprise level end to end solution
on Centralized Vehicle tracking and Management System (CVTMS) for its entire fleet of POL
Vehicles on a pan India basis. The solution should also encapsulate Geo-Fencing along with
determination of Geo-RTD routes and creating geo-spatial database.
IOCL is already having a vehicle fleet of approximately 26000 Tank Trucks in almost 120
Terminals / Depots plying across nook and corner of the country for delivering petroleum
products to the various destinations namely Retail Outlets, Institutional Customer and on
Stock Transfer to another locations.
IOCL is looking for a contract with the successful bidder for a period of 5 years which can be
further extended for a period of 2 years on need basis. The number of vehicles may
increase/decrease by 15% during the contractual period. Whenever Transportation Contract
expires at a particular location and new contract is finalized, many Tank Trucks under old
contract goes out of contract whereas many new Tank Trucks are inducted in the new
contract. In such a case Successful bidder will have to dismantle the VMUs (vehicle mounted
units) from the TTs going out of contract and fit the same in the new TTs which are inducted
in the new contract. No extra payment will be made for this activity.
The no. of IOCL terminals /depots/Tank trucks are indicative and may increase or decrease &
IOCL does not guarantee any minimum business volume.
The integrated end to end solution will include but not be limited to:
1. Provisioning of Vehicle mounted units (like VMUs, Voice Box) and other essential
equipments.
2. Provisioning of all software applications including Mobile apps for CVTMS solution.
3. Tracking of all the vehicles on a real-time basis along with real-time voice alerts in case of
violations and generation of exception reports / MIS.
4. Hosting of the integrated solution on a cloud environment managed by providers who
belong to Meghraj (Govt. of India) empanelled service providers OR on a cloud
environment having ISO 27001 certified minimum Tier-3 Data Centre located anywhere
within geographical boundary of India, ensuring round-the-clock functioning with 99.9%
uptime / availability. The cloud service can either be on IaaS or PaaS model.
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1.2.1 The CVTMS to be implemented and managed for approximately 26000 Tank Trucks and
should cater to following indicative objective and have following features –
1. Providing end-to-end solution for GPS/GSM Module (GPRS Mode) based Vehicle
Tracking System (VTS) on existing about 26000 Tank Trucks plus the additional Tank
Trucks which may be inducted during next five years. Number of trucks may increase
/ decrease by 15% during the contractual period.
These Tank Trucks (IOCL owned, Retail Outlet Dealers owned and Private
Transporters owned) are based and under contract at various IOCL Retail Supply
Locations situated all over India and are engaged in transportation of petroleum
products from various IOCL supply locations (IOCL Depots / Installations) to
destinations (IOCL Retail Outlets / Institutional Customers / other IOCL terminals)
throughout India.
2. De-commissioning and removal of existing Vehicle Mounted Unit (VMU) from the above
mentioned number of existing Tank Trucks.
3. Supply, installation, testing and commissioning of new Vehicle Mounted Unit (VMU)
conforming to IP-67 (Ingress Protection), which includes internal GPS Antenna, GSM
Modem, Microprocessor, Back up internal battery, embedded SIM card etc., on the
number of Tank Trucks mentioned above.
6. Providing real-time tracking of Tank Trucks and generating real-time alerts through
Voice Box and SMS/e-Mail/push notification alerts to intended users. The software
solution should be capable of generating visual display of Tank Truck on its route on
real time basis on a map based solution using Survey of India/Google/Map My India or
any other registered and certified GIS maps.
7. Providing 3 axis movement detection of Tank Trucks e.g. harsh braking / sharp
maneuvering, continuous driving, night driving, accidents etc, and transmitting the
alerts to the concerned users.
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8. Arrangement with Mobile Network service provider for procurement of SIM card and
GPRS / GSM connectivity.
11. Software solution to facilitate multiple route creation with approval process containing
important land marks such as Toll Points, hotel, school, temple, hospitals, other Oil
Companies Petrol Pumps and digitalizing the same etc. with co-ordinates.
13. Software solution to have provision for uploading existing routes between source and
destinations (using an agreed format) and further verification of the uploaded routes
through the system.
14. The Software solution should use standard interface / protocol for communicating
with VMU / Voice Box/etc., so that it can also communicate with other allied
hardware devices like pre-installed VMUs / Connected vehicles / e-Locks / Media
Navigation / etc. which IOCL can decide of using in future.
15. Integration of VTS with IOCL existing ERP (SAP) system and/or Supply Location
Automation System (TAS) / Other IOCL Systems as per requirement.
16. Software solution to facilitate data exchange with IOCL systems on a real-time / batch
mode.
17. In case IOCL decides to use VMUs of newer technology replacing the existing through
same or any other business partner, the software solution should be able to integrate
seamlessly without any involvement of additional cost. However, minimum 3 years of
use of the initial VMUs will be guaranteed by IOCL.
19. Providing mobile application for VTS system which can be used by Transporters, Retail
Outlet Dealers and IOCL officials. The tenderer shall carry out free maintenance and
modifications required by IOCL, if any during the contract period.
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21. Providing access of system to all users comprising of IOCL officials, RO dealers / IB
consumers / all transporters and other stakeholders. Accordingly the solution should
be robust enough to cater to the number of users about 40000 which can increase by
10% during the contractual period. However, no. of concurrent users will not be more
than 1000.
22. Mandatory positioning of qualified technicians to cater to 120 (at present) IOCL
Supply Locations all over India for day-to-day maintenance of Vehicle mounted
devices.
23. List of IOCL supply locations along with contact address is provided separately as
annexure along with this tender.
24. Providing VTS training to IOCL officials / Transporters / Dealers, at all 120 supply
locations (at present) and other IOCL locations during the entire contract period.
25. Conducting training sessions every six months at each supply locations and other IOCL
offices.
26. Providing system generated monthly VTS uptime reports for payments. Payment will be
released by respective state offices (16 state offices) on receipt and verification of
Bills.
27. Any other allied activities/services required for management of Vehicle Tracking
System.
VTS DEFINITIONS
Geo-fence: a defined area with set of Lat/Longs with respect to a
central Position.
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Any stoppage beyond permissible halts (Night / Lunch / >30 min) will
be considered as Halt deviation. Cumulative Halt more than 2 hrs
Halt Deviation
during the trip time (excluding lunch and night halt) will also be
considered as Halt deviation.
1. Speed > 60 KM/H continuously for more than 5 min.
Over-speed
2. Speed > 60 KM/H for a duration >= 2min for more than 5 times in a
Deviation
trip.
IOCL Invoice Data along with acknowledgement details from SAP will
Invoice Data
be shared with the Vendor on real-time or batch mode.
Online Tracking
Screen Refresh Real-time
Rate
** Note: wherever discrete constant value used above should be configurable in the system.
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d) The entire trip / journey of the TT need to be tracked based on pre-defined routes
already created in the system. Route creation is explained in details under ‘Scope of
Work’.
e) The entire trip is categorized as Loaded and Unloaded trips.
f) Loaded trip starts at loading point (IOCL Supply location) and ends at destination
(retail outlet / IB Premises / other IOCL location).
g) Unloaded trip starts at unloading point - destination and ends when the TT reaches
back at supply location parking area for next load.
h) Exceptions need to be monitored for the complete trip i.e. from source to destination
and then again from destination back to source.
i) Respective Masters like TT master, supply location masters, Customer masters, etc.
will be provided by IOCL.
j) All routes from IOCL supply location to destinations to be created in the system
through a workflow of approval process. This has been explained in details in ‘Route
creation & Mapping’ under ‘Scope of work’.
k) Delivery Invoice details will be available in a staging VTS database of IOCL which will
be used for pulling Invoice details through real-time or batch mode by the successful
bidder.
l) Trip start time will be the time of posting of Delivery Invoice / Challan into the VTS
from SAP system.
m) The moment the delivery challan is generated in the SAP, immediately SAP shall post
the delivery Invoice / challan information to VTS database.
n) The moment TT reaches destination geo-fence and VTS system receives Invoice
acknowledgement details, it is a completion of loaded trip.
o) During the entire trip, positional data for every 30 seconds (configurable) shall be
recorded.
p) Source and destination combination is always unique. However, there can be more
than one route for a pair of source and destination. The system should have provision
to activate two or more routes (configurable) for tracking to take place.
q) Routes are defined between an IOCL supply location and destination.
r) VMU to provide positional data through battery back-up in case DC power from battery
is cut-off.
s) In case no route is defined in the system between a loading and unloading point, then
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system cannot generate route deviation exceptions. However, system shall generate an
exception that no predefined route exists between these loading and unloading points.
2. Procurement, maintenance and regular upgrades for all Software licenses like
Database, Geo-Maps, Web Server, etc. All licenses will be owned by the successful
Bidder only.
5. Successful bidder shall use modern Technology platform and employ comprehensive
Cyber Security measures including conducting of regular Vulnerability Assessment and
Penetration Testing (VAPT) through CERT-In certified agencies for ensuring the
Security of the Application during the contract period.
6. Bidder to submit VAPT certificates at regular intervals as decided by IOCL from time
to time.
7. The software solution should be compatible on all standard operating systems like
Windows / Unix / Linux.
11. Back to back arrangement & management of Mobile service providers required for
maintaining real-time both way Data communication between VMUs and the software
solution to maintain uptime as per SLA.
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12. Successful Bidder shall be the one point contact for IOCL for any issue arising out of
the implemented Software solution / Mobile service provider / Hardware devices
(VMUs/Voice box etc.).
13. The software solution should be able to exchange data (both inward & outward) with
IOCL as per requirement from time to time.
14. Successful bidder shall sign an NDA as deemed fit by IOCL and mutually agreed upon,
for maintaining data secrecy & security, as well as for protecting Intellectual Property
Rights of IOCL.
15. Providing Geo-Information System (GIS) based mapping, Global Positioning System
(GPS) / GPRS (Global Packet Radio Service) based Tracking, Operating and
Maintenance service of VTS for Tank Trucks on real time basis.
16. Commissioning of new CVTMS system including field work, other associated work,
report generation as mentioned above, and scope of work, should be completed
within 8 months from the date of acceptance of PO by the successful tenderer, failing
which compensation charges shall be applicable and recovered (as per agreed
consideration), LOI is liable to be cancelled and new LOI placed on an alternate
tenderer at the risk and cost of the original tenderer.
17. CVTMS solution should be able to remotely upgrade the latest Software / Firmware /
Audio files to the Vehicle mounted units through OTA support.
18. In case of new Tank Trucks being added under contract with IOCL during the
contractual period of 5 years, successful tenderer has to install Vehicle mounted
devices and aliied accessories and implement CVTMS solution for these additional
Tank trucks without any extra financial implication. Only fixed monthly rental charges
will be applicable on this newly inducted tank trucks for the remaining balance period
of the contract.
Tenderers should keep this in to consideration while bidding for this contract.
19. Tenderer should have proper hierarchy structure for resolution of any issues arising
out of CVTMS solution. The structure should be mandatorily provided to IOCL with
Name and designation as part of the bidding documents. The hierarchy structure
should be valid for the entire contractual period.
b) Franchise and dealers or any individuals operating on behalf of tenderer shall not
be considered as offices.
d) Tenderer shall be required to maintain Toll free number and two dedicated
telephone lines /Call Centre / Help Desk/Web Based system to register the
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complaints from IOCL officials and reports have to be generated after attending
the complaint on regular basis.
e) The call centre should be able to respond to queries regarding vehicle location
and other related information by IOCL officials / Retail Outlet Dealers /
Transporter. The help line / call centre will be available 24X7 (including holiday &
Sunday). This Help Line system / service will be evaluated by IOCL. Non-
compliance to this at any point of time during the pendency of contract will
attract compensation charges as mentioned in the Price Adjustment section
(Annexure - F) of Tender. IOCL’s decision will be final in this regard.
21. The Vehicle Tracking System should provide for the following:
a) Minimum 90 days data log (history) on the Server and, therefore, server sizing
be sufficient enough to handle data transferred from vehicle on GPRS network
continuously.
b) The interval for data transmission will be every 2 minute in running conditions.
c) Multi level login facility to be provided with proper authentication and Roles /
privileges.
d) Audit trail: Log of all administration actions as well as all user logins shall also
be maintained.
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o) Display of vehicle registration no. and other details like consignee, invoice no,
date, qty. of product, time left from depot, etc on click of mouse over the
vehicle icon.
22. Vehicle Mounted Unit (VMU), Voice Box (VB) & Power Cable Connections:
a) The VMU / VB to be supplied by the tenderer shall have minimum 5 years of life
expectancy from the date of Installations with 5 years warranty. During the
pendency of the contract, in case of any failure of the VMU / VB, the same shall
be replaced / upgraded by the tenderer at their cost.
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ii. VMU should conform to IP-67 (Ingress Protection) casing for environment
protection from dust, water and casing should be closed with tamperproof
uncommon screws.
iv. The VMU shall have an inbuilt auxiliary battery i.e. to give the power to VMU
during the time of VMU connection from the main of the battery of the vehicle
is cut-off due to safety reasons while the vehicle are in licensed premises
(Inside IOCL Depots / Installation and Retail Outlets/Direct Customer’s
premises). The auxiliary battery should be of chargeable automatically when
the VMU is connected with main battery and should hold at a stretch of 24
(Twenty Four) hours. The auxiliary battery should not generate current more
than 150 milli amps.
v. In case of no GSM connectivity (Dark Zone), the VMU should be able to store
positional data continuously in its internal memory (Min. storage for 3 days)
and should be able to push the data immediately to the Central server on
restoration of GSM connectivity.
vi. The tenderer shall supply activated and embedded SIM card for VMUs.
vii. The VMUs must be ready for use immediately upon installation on the Tank
Trucks.
viii. VMU must be fitted with a tamperproof internal GPS/GSM antenna (no
external appendages) with built-in auxiliary battery for power back up.
ix. VMU should be designed to send appropriate signals / alerts to the server in
case of VMU failure / disconnection, to detect dis-connection / tampering,
bad health of VMU and remote resolution of problem through server to device
communication.
xi. The installation of VMU on Tank Truck is to be carried out in such a way so as
to secure the device & power connections (fire resistance cable). Additionally,
any further stipulation advised by PESO to be incorporated.
xii. Power cables connection from/to VMU/VB to Tank Truck electrical system and
Tank Truck body and parts, should be of the highest quality fire resistance
with tamper proof installation.
xiii. The VMU to be supplied and installed has to be designed as vehicle specific
unit i.e. the equipment shall operate only when connected to the Tank Truck
assigned. Re-fixing/re-installation with any other Tank Truck, if required shall
be done on obtaining written advice from nominated officer of IOCL.
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xiv. The installation of VMU/VB should be done as required for automotive grades
of highest safety standard method.
xv. VMU/VB to be fitted with tamperproof high quality screws/glue which should
not be easily taken out.
xvi. The VMU/VB should have power surge protection device e.g. fuses of the
highest standard to take care of excess power generation.
xvii. VMU/VB/Power cables should not cause any damage / fire to Tank Truck,
product inside the Tank Truck, Tank Truck crew, any third party, surroundings
etc.
xix. It should be mounted with minimal wiring, least spare and at the adjacent to
VMU in driver cabin for easy hearing of the announcements.
xx. It should have the feature for acknowledging alert message receipt from the
VTS.
xxi. Emergency - Have an emergency /panic button within the drivers reach which
when pressed will automatically trigger a phone call to the helpline and put it
on loud speaker. The two-way conversation will automatically get recorded
with timestamp and location marked.
xxii. Some routes may have GPRS network not available for extended duration (say
more than an hour), in those cases communication of location can happen with
GSM updates.
xxiv. The Voice Box (VB) should be provided for audio alerts and on board
announcements. The VB should provide the following alerts/messages –
Greeting alert with safety messages at the start of the Tank Truck.
Over speeding including dynamic speed limits on state & national
highways based on Maps.
Sharp maneuvering
Passing through Accident prone areas based on Maps.
Route deviation.
Continuous driving for more than 4 hours.
Night driving between 10 PM to 6 AM.
Any other message/alert.
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(The details for the above will be provided by IOCL at the time of issue of LOI).
g) The tenderer has option to select Pan India service provider for GSM/Mobile
network or region wise/City wise. However, the network service provider should
have maximum connectivity, even in the remote location/on roads/highways/hilly
areas, so as to ensure that flow of data is on real time basis.
i) If available, tenderer has to migrate existing details of RO route maps etc. with
the new system.
a) Creation of all weather motorable shortest Primary Routes from supply locations to
destinations (Retail outlets / institutional business premises / other IOCL locations).
b) Provision to create 1(One) or more (as per IOCL’s requirement) Secondary route
against each primary route on the requests of authorized concerned officers under
IOCL State Offices.
d) IOCL State Office co-coordinator (State Office Administrator) will create and
authorize users responsible for creating route requests and further approval process
within the workflow.
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e) CVTMS system should propose primary and secondary routes based on requests
created in the system and the routes to be plotted digitally and shown over Map
based software and required alerts/status to be intimated to the concerned officer
for further acceptance / rejection within the workflow process.
f) The routes created to be shown in a particular format (OP46 format) which will
contain Start coordinates with name, end coordinates with name, Round Trip distance
(RTD KM) and all en-route important landmarks and Toll points. The exact format will
be shared at the time of placing work Order.
g) System should be able to provide all Toll gates along with their existing Toll rates
(applicable for Petroleum Tank Trucks) which are falling within the proposed routes
created by the system.
i) There should be provision to upload existing routes (if available) in the new system
from existing IOCL systems as per IOCL requirement. The existing routes may be
available in different formats. However, the uploaded routes to be verified through
the approval process as explained above.
l) There should be provision for related MIS on creation / approved / pending list of
routes for both Primary and secondary in the system.
a) General
i. VMU/Device interface – The system interacts with the GPS device installed in
the Tank Truck that sends the location details in the form of latitude /
longitude data, while the Tank Truck is moving via the GPRS or GSM network.
This information is received and stored in the central server.
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ii. The VTS will be hosted on a Tenderer’s Web Server, Communication Server and
Map & Data Base and other Servers located in Indian geographic region, which
will constitute a CVTMS Server.
iii. CVTMS solution should have the flexibility to work with any standard digital
map, if needed.
iv. The overall system deployed for above work should be such that any query
made to the system should give a response within 15 sec.(Max) at peak load of
15,000 Tank Trucks and 5,000 users logged in to the system
v. The performance of the web enabled overall system deployed for above work
shall be such that when user moves from one page to other page, it shall be
instantaneous changeover.
c) Application Performance
i. Time taken for Login and display of landing page of the application, should be
less than 10 seconds. All subsequent Pages should load in less than 5 Seconds.
ii. Any query / report response times exceeding performance timelines as
suggested, above should be clearly indicated to the end user with a Progress
Bar / animated image to avoid re-submit.
iii. In case the response exceeds the expected response time, Time Out Message
should be displayed for the end user and a qualified log entry should be
created for administrator.
i. The entire CVTMS solution should be based on Role based access and
authorizations of the registered users.
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ii. Provision to be made to have central administrators who in turn can create
State coordinators (IOCL State Office administrators).
iii. The central & state administrators should be able to create registered users
who will be authorized to access functionalities under his/her location (IOCL
unit).
e) Databases
I. Resolution should be made dynamic so that the Pages are displayed properly
with screen resolution anywhere in the range of 800 x 600 to 1280 x 800.
II. Application should have progressive pages so that it can be opened through any
portable device.
Backup and restoration procedures, full or part, must be provided. Application should
also have facility to Archive, restore and purge past data for any specified period, to
facilitate purging of old data.
i) Production & DR
Vendor should provide a DR ready architecture, data & application replication and
documented DR procedures for switchover to DR site and back.
j) Scalability
The solution architecture provided for CVTMS application should be scalable to meet
the increasing load on the application as specified above.
k) Multi-Environment Setup
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Applications will generally be hosted in two different environments namely UAT and
production. After completion of successful UAT and certification of the same by IOCL,
the application will be promoted to production environments.
l) Application Logging
The logs should be captured with adequate level of detail required for later analysis,
while balancing the need to not adversely affect performance.
m) Application Security
i. OWASP (Open Web Application Security Project) standards should be followed in all
the Programs in the Application and the Application should be free from all
applicable risks of OWASP top 10 risks.
ii. Application Servers should not redirect the Error Page Directly (404)
iii. No Internal Server Error with the Server Configuration to be displayed on Error case
(505)
iv. Folder Access should be restricted.
v. Static Files like Images / PDFs should have Authentication if applicable.
n) Security
i. Any Interfacing with IOCL existing Systems will be provided in real-time or Batch
mode either through Web-Service or any other secured data communication
protocol.
ii. All Masters will be provided by IOCL to Successful Tenderer.
p) Software licensing
Procurement, maintenance and regular upgrades for all Software licenses like
Database, Geo-Maps, Web Server, etc. will be owned by the successful Bidder only.
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i. CVTMS solution should provide role based user specific Dashboards. Contents of
Dashboard will be shared with the successful bidder.
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d. Driver behavior
a. Facility for star rating of TT Crew based on vehicle exceptions data
/ feedbacks from IOCL Dealer / IB Customers
b. Facility for star rating of Transporters based on vehicle exceptions
data.
e. Vehicle deviation & exception reports
a. Route Violations – deviations along the defined route
b. Unauthorized halts – regular halts at a particular point.
c. Speed violations – over-speeding
d. VMU On/Off Report
e. Tampering of VMU/VB
f. Emergency situations including accidents
g. 3 axis movement detections
h. Harsh braking & sharp maneuvering
i. Auto generation of letters containing details of deviations to
Transporters on daily basis.
j. Any other deviations / exceptions as decided by IOCL.
During contract period at any point of time, VTS definitions and logics to arrive at various
exceptions / deviations may undergo change. Successful tenderer to develop/change the
related processes to the satisfaction of IOCL without any extra cost.
Upon implementation IOCL may ask for additional reports over & above available in the
software & listed here as part of requirements, if required vendor to develop additional
reports to the satisfaction of IOCL without any extra cost.
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Ethernet support.
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ANNEXURE –D
a) CVTMS solution should be made operational, in all respects, on minimum 95% of the
total Tank Trucks (at present about 26,000), within 8 months from the date of
acceptance of PO by the successful tenderer.
b) All Tank trucks to be fitted with new and latest VMUs as per specifications mentioned
in this tender.
c) In case of any old VMU already fitted onto the Tank Trucks, they need to be removed
and de-commissioned before fitting the new one.
d) Utilisation of old VMUs will not be accepted for any reason whatsoever. If so found
IOCL may take appropriate action as deemed fit.
e) In case Bidder fails to comply with the terms and conditions of the tender, IOC is free
to get the work executed through alternate agency at the risk and cost of the
Tenderer.
f) Bidder should provide the detailed solution document with architecture diagram and
give details of security management, centralized monitoring and software application
portal.
g) The complete customization and client specific development of CVTMS solution will be
treated as intellectual property of IOCL during the entire contract period of 5 years.
h) Successful bidder will be liable to legal actions against violation of above clause (g).
2. Manpower:
a) The Bidder shall arrange positioning of qualified and trained manpower to cover all
locations across the country for attending to any defects during the pendency of the
contract without any extra payment.
b) As no TT will be allowed to enter the location without working VMU, arrangements
must be made for VMU replacement no sooner a TT reports at location for loading
with defective/non-operative VMU
c) The Bidder shall arrange to position an official at every IOCL state office who will be
responsible for handling & monitoring day-to-day activities of CVTMS issues at supply
locations under the state office in coordination to State Operations department.
d) The same official will be fully responsible for submission of monthly bills for payment
of rental service strictly as per Payment terms and conditions provided in this tender.
e) The same official would be the first person responsible for attending and resolving of
any queries with respect to CVTMS solution at IOCL state Offices.
3. User Acceptance:
a) The Tenderer shall arrange to implement & demonstrate the entire CVTMS solution to
cover 1 pilot supply locations under each IOCL State Office by covering all the TTs of
the respective locations within maximum 4 months from the date of acceptance of
the PO.
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b) IOCL will provide the list of locations under each state office to the successful
tenderer on which the User Acceptance to be carried out.
c) The above will include all the activities including all types of exceptions / violation
reports along with live tracking of all the TTs successfully working for a period of 1
month (30 Days).
d) Tenderer has to submit successful completion and User Acceptance report duly signed
by both the Tenderer’s representative as well as IOCL supply location’s in-charge.
e) On receipt of the successful completion User Acceptance report from all the pilot
locations, IOCL will release the 1st instalment of the 1st part of the payment towards
Cost of customisation / client specific Development of CVTMS solution for IOCL.
5. Price Bid:
a) IOCL shall offer “Estimated rate” for the three line items as per BOQ .
b) Tenderers to quote only one percentage either +ve OR –ve on the IOCL offered
estimated rate as indicated in the price bid format.
c) Quoted percentage shall be applicable uniformly to all items.
d) Line item wise rate will be determined by applying the quoted percentage on each line
item.
e) For example, if IOCL offered rate is Rs.100/- for one line item and tenderer has quoted
+10% then the rate will be arrived as Rs.110/- for that line item. Similarly for -10%, the
rate will be arrived as Rs.90/-.
f) A specimen format of Price Bid (BOQ) is provided in this tender document as separate
Annexure.
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g) No escalation in the quoted/accepted rate shall be allowed on any account during the
contract period.
h) Once the offer is accepted and agreement executed by the successful tenderer, the
rates shall be valid till the completion of contract period in all respects and no
escalation, whatsoever, will be entertained on any ground.
e) The total number of prompts during a trip is calculated based on the number of
prompts which should be ideally generated considering data updation at an interval of
2 minute. Since sleep mode is activated in the device after 30 minutes of idling, no
prompts will be received if vehicle does not show any movement beyond that time,
except health packet. System will add number of prompt receivable during sleep time
automatically to the actual no of prompts received, while calculating uptime ratio.
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visible in spite of being loaded on any given day, the Location In-Charge of IOCL Supply
Location will be required to certify the following cause –
I. Accidents if any
II. Police case / seizure
III. IOCL Supply Location In-Charge also required certifying any suspension /
blacklisting of Tank Truck & advice regarding continuing with the monthly
service charges.
h) In case g(i) is chosen, the tenderer will be given full credit for the day & further till
the day tank Truck is again loaded.
i) For g(ii) - Tenderer will be given full credit for the day & also till such time Tank Truck
is again loaded.
j) For cases of suspension / Blacklisting of Tank Truck, tenderer will be given full credit
till the time it is informed by IOCL for deactivation of the VMU / VB.
k) For cases of Device missing or damaged, tenderer will not be given credit unless he
conclusively proves the same within 7 working days. In this case, onus will be on
tenderer to prove the same.
l) The payment of rental & support charges per Tank Truck per VMU shall be paid to the
successful tenderer for the service rendered as per agreed consideration between the
parties which will be as below slab system:
Vendor shall provide the following to IOCL for the contract tenure of the Agreement:
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II. Device: The Device integrates a GSM/GPRS modem, a GPS receiver, internal
antennas, battery backup and an array of peripheral interfaces, in a robust IP67
outer casing package.
b) Service Level: The Services are provided to IOCL as well as to transporters (who have
entered into a contract with IOCL to provide transportation services) and customers of
IOCL (who are part of destinations for supply from IOCL locations). IOCL and the
vendor have agreed that upto 26,000 Devices will be installed on the fleets of various
transporters of IOCL. The Service Levels will be determined taking into consideration
all Services provided under this Agreement and similar contracts with IOCL.
I. Vendor shall provide an Uptime (as defined under section Calculation of VTS
uptime) of at least 75% for all Devices installed at IOCL. The monthly uptime to be
provided for the devices is also set out in the said section.
II. Uptime formula is based on one (1) data packet from the Device: Uptime
calculation shall not include the following (and packets lost due to these events
shall be added to the packets actually received):
a. Engine off (vehicle idle time information will be available from the standard
idle time reports),
b. Vehicle in maintenance,
c. Device Installation/De-installation as required by IOCL,
d. Decommissioning of a vehicle,
e. Message count losses due to Device theft from the vehicle or accident of
the vehicle, and damage caused by force of nature, external causes, or act
of any third party.
IV. Vendor shall provide a monthly report on Uptime computation based on definition
already given above, i.e. for all Devices installed. Furthermore and for information
purposes, vendor will provide a report for all Devices installed for IOCL. Should a
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V. The monthly uptime details will be made be electronically available to IOCL. IOCL
may audit or have audited Vendor’s Uptime calculation, at their cost, within 90
days after the date Vendor submits the corresponding report.
VI. The tracking history and reports will be available for 90 days (online) and further
data will be archived for a period of 90 days.
c) Vendor will provide 24X7 Customer support through its fully functional Call Center.
The support center provides a technical help desk, staffed by skilled bi-lingual (English
& Hindi) technical support representatives. The helpdesk incorporates a call
management system and a ‘known problems / solutions database’ available online.
Any call made by the Transporters, other stake holders, including reliability issues with
reports and data, should be promptly resolved by the vendor without any unreasonable
delay.
In case of any emergency call received from the TT crew through the Emergency /
Panic button of the VMU, details of such incidents to be shared to the nearest IOCL
office for further necessary action.
d) Vendor will provide training to the Transporters, for a day and within two weeks after
the majority of the Devices for the Transporters in a IOCL supply location have been
installed. Vendor will also provide a User manual.
e) Clarifications:
I. Prospective bidders/ vendors are encouraged to seek clarifications before bidding/
tendering so that there is a proper understanding of the contract, the Services
which are to be provided and is expected from the Vendor and in order to address
any issues which are not covered adequately under the tender terms.
II. A failure to properly understand the scope of work may entail substantial losses
and risks to the prospective tenderers and they are advised to take particular note
of the same.
f) Liabilities:
Neither party shall be liable to the other or to any third party for any consequential,
punitive, indirect, special or exemplary damages or losses, howsoever caused and
whether under the principles of strict liability, equity or any other principle of law.
g) Modifications:
If after placement of Purchase Order and /or during the course of contract , certain
issues arise which were not contemplated by the parties ( for resolution ) then both
parties shall mutually discuss the said issues in good faith with a view to resolve the
same.
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I. At all times, all the VMU / Devices shall remain the property of the tenderer and no
right, lien or encumbrance shall accrue to the benefit of Transporter or IOCL, from the
tenderer making available the VMU/Devices to the Transporter.
II. Transporter shall bear the risk of accidental loss, theft, and damage of any kind to the
VMU / Devices, and to this extent, Successful bidder may take necessary insurance for
the same.
(b) Termination
I. This Tender/Contract shall come into force on the date mentioned hereinabove and
unless earlier terminated shall remain in force for a period of 5 years.
II. The period of monthly rental charges for any VMU / Device shall be for a maximum of
5 years, i.e. from 8 months (32 weeks) of date of acceptance of PO up to the end of
the contact period of 5 years.
III. If any Tank Truck is inducted later on, then the period of monthly service charges for
these Tank Trucks will be lesser than 5 years.
1. In the event, the other party materially breaches its obligations under this
Tender/Contract. If such breach is curable, the termination shall become effective. If
breaching party fails to cure such breach within thirty (30) days from the date, the
breaching party receives written notice of its breach from the non-breaching party;
and if such breach is not curable, with immediate effect upon written notice.
2. It is understood that it is considered a material breach of the Tender / Contract /
Agreement entitling the tenderer to terminate this tender/contract subject to the
preceding sentence and with the consequences if IOCL fails to make payments (except
to the extent disputed) and the amount in arrears exceeds three months aggregate
monthly service charges for all of IOCL’s monthly service charges.
3. Immediately upon written notice by a party, in the event that any order of bankruptcy
or like order is passed against the other party under any applicable bankruptcy or
insolvency laws, or in the event that other party makes an assignment for the benefit
of creditors, or in the event that a trustee or receiver is appointed to administer the
business or assets of said other party; and
4. If IOCL terminates the tender/contract as regards any one or more Tank Trucks
without any reason (part termination simpliciter), it shall be liable to pay a
Termination Fee as defined below:
I. In the event that the VMU/Device is not returned to the tenderer, the
Termination Fee shall be 50% of the monthly service charges payable (to be
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IOCL, at its own discretion, may take appropriate action which will include termination of
the contract forthwith and without any liability, for any reason whatsoever.
IOCL may terminate the Agreement forthwith and without any liability, if for any reason
whatsoever the Uptime falls below the 75% threshold on a Project Level for any three (3)
months within a six (6) month period.
IOCL may terminate any individual Subscription for a Device, if (a) the uptime for the
corresponding Device falls below 75% for any three (3) months within a twelve (12) month
period, for any reason, other than for reasons attributable to Transporter or (b) the uptime
for the corresponding device falls below 50 % for any two (2) consecutive months for any
reasons other than the reasons attributable to the Transporters.
In case of any Termination for breach of any Service Level, then IOCL shall not be liable to
pay any further monthly service charges after such Termination.
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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 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 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.
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5 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 along with Statutory levy/Tax, if any,
payable on such recovery.
6 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.
7 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.
8 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.
9 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.
10 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.
11 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.
12 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.
13 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.
14 Wherever provisions of Tax deduction at source (TDS) are applicable under the CGST /
SGST / UTGST / IGST Act, 2017 on supplies of goods or services or both to IOCL, tax
will be deducted from the invoice raised and deposited with the authorities by IOCL.
TDS certificates as per provisions of CGST / SGST / UTGST / IGST Act, 2017 shall be
issued by IOCL.
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15.2 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.
16 INCOME TAX
Resident Bidders:
b) Wherever withholding tax i.e. Tax deduction at source (TDS) is applicable under
the Income tax Act, 1961 the same will be deducted from the Invoices raised and TDS
Certificate as per provision of the Income tax Act and Rules shall be issued to the
contractor.
c) PAN is mandatory. If PAN is not provided TDS would be deducted at higher rate
as per the provisions of Income Tax Act.
b) The CONTRACTOR shall be exclusively responsible and liable to pay all income
taxes on any payments arising out of the Contract, whether payable in India or outside
India.
d) Contractor shall not include withholding tax / tax deductible at source in its
quoted price. Withholding tax as applicable as per Indian Income Tax Act read with
respective Double Taxation Avoidance Agreements (DTAA) will be borne by IOCL.
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provisions of Indian Income Tax Act, 1961 and rules made thereunder, Withholding
tax/Tax deductible at source will be deducted from amount payable under the
contract as per Certificate issued by tax authorities under Income Tax Act, 1961 and
rules made thereunder.
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ANNEXURE -E
PAYMENT
1 Terms of Payment
1. Payment to successful Bidder will be released on submission of Tax Invoice and other
related documents as per format specified, duly certified by IOCL officials on each
document. The payment after deducting applicable tax deduction at source as per
the provisions, rules and regulations of the Income Tax Act, 1961 will be released by
IOCL. The Successful Bidder shall be responsible for extending the validity date and
claim period of all guarantees/warranties on account of any delay on the part of the
Successful Bidder. No advance payment will be made.
2. Payments involved in this project are divided in 2 (Two) parts as specified and given
in the BOQ format.
3. 1st part of payment i.e cost for Customization / client specific development /
readiness of CVTMS solution for IOCL will be released from Marketing Head office on
submission and verification of related documents as already explained in Special
Terms and conditions of this Tender. This is as per the 1st line item of BOQ.
Work order for the 1st part of the service will be released from Marketing Head office
under the GST registration of ISD Maharashtra state i.e 27AAACI1681G2ZO.
4. The 1st part of the payment will only be released once the entire CVTMS solution is
fully implemented across all the locations of IOCL involving all the Tank Trucks as
specified earlier in Scope of work.
5. 1st part of payment will be released in 2 (Two) installments. 50% on successful User
Acceptance (refer special terms & conditions) within 4 month from PO acceptance
date and rest 50% after 4 months of User Acceptance & complete implementation of
the solution for all TTs in all locations.
6. 2nd part of payment is the rental payment (per VMU / per month) for Hosting,
maintaining, operating and management of CVTMS solution, will be released by
respective State offices of IOCL (for all locations under respective State office) based
on submission of certified and verified documents as per SLA provided in Special
terms and conditions of this tender.
2nd part of the payment is with respect to the 2nd and 3rd line item of the BOQ.
The work orders in this respect will be released by respective State Offices of IOCL.
The GST registration of IOCL for various political states is provided separately as
annexure to this Tender document.
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7. All the payments towards Rental & Support charges shall be made as per the actual
number of TTs with VMU per location and participating in CVTMS solution strictly as
per uptime and SLA provided in Special terms and conditions of this tender.
8. The payment of rental & support charges per Tank Truck per VMU shall be paid to the
successful tenderer for the service rendered as per agreed consideration between the
parties are as under:
9. Rental payment will be on monthly basis and shall be made at the end of month after
submission of monthly Bills to IOCL state offices.
10. Monthly rentals will be paid in INR from each State Office till the end of the contract
provided all the T&C of the contract as stipulated in this tender are met.
11. Monthly payment at the end of the month for all locations after due deduction of any
penal payment as per SLA shall be made to the Bidder by respective IOCL state office
on submission and due verification of invoices along with supporting documents like
daily / monthly uptime report generated from the CVTMS application, penalty
calculation worksheet etc.
12. Payments will be made on Financial Year monthly basis (at end of each month). In
case locations getting commissioned during the month, the payment will be made on
prorate basis till the end of the nearest calendar month end. Subsequently, the
billing for that location will be on calendar monthly basis. Example: a location
getting commissioned on 15th March, will be billed and paid till 31st March, and then
subsequently on monthly basis (April, May, June, July and so on). Bidder shall raise
the bill as explained in Para 7 above.
13. The Installation and implementation of a location shall be complete only when all the
TTs under a location (as per details provided by respective location) are up and
running successfully with installed VMU / VB and Installation report is jointly signed
by bidder’s representative and IOCL personnel in-charge of the location.
14. All the monthly payments shall be released by State Offices of IOCL. IOCL shall give a
list of State Office wise supply locations to the Bidder for this purpose. Respective
Supply Locations will further provide the list of TTs and list of destinations along with
other details to the Bidders.
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Uptime for each TT under a location shall be provided by the Bidder on monthly basis
which shall be available in the CVTMS application. The uptime report should be
mandatorily be the part of submitted Bill duly certified by respective location in-
charge. In absence of uptime report of any specific location, IOCL may not able to
make the rental payment for TTs of that location.
2.1 The offer shall be valid for a period of 120 days from the date of opening of
technical bid and the same will remain unchanged after placement of work order
till completion of the delivery of the Solution and performance of all obligations
under the Contract. IOCL shall have the right and absolute discretion to place
further orders on the Successful Bidder for the Bill of Materials in full or in part,
for any future requirements within the period of the Contract. Any such orders
placed, shall be governed by the Contract and the agreed terms after the final
evaluation of the bid.
3 Schedule of Payment
3.1 IOCL reserves the right to terminate part or the entire Contract or any Purchase
Order for any delay in performance of its obligations under the Contract and the
Successful Bidder shall be liable to all consequences thereof as set out in the
Agreement. Acceptance of services beyond the scheduled delivery period will
not be construed as condonation of delay.
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ANNEXURE –F
1. The work must be completed within the respective due dates. If the Successful Bidder
fails on
the performance of the Agreement within the time fixed in the Agreement and does not
complete the respective work on or before the due date, the contractual price payable
shall be subject to adjustment for the delay period beyond the respective due dates as
set out below. This will be in addition to and without prejudice to the other rights
available to the IOCL.
2. Applicable GST will also be recovered from the vendor on the amount of price adjustment
charges, if any. IOCL will issue GST invoices in case of such recoveries.
3. IOCL reserves the right to cancel the LOI in case of delay and in that case the Bank
guarantee shall be revoked / Security Deposit shall be forfeited by IOCL towards
compensation. Also work order may be placed on an alternate Bidder at the risk and cost
of the Original Vendor.
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agreed date.
9 Non-completion of VTS trainings to the IOC 5000/- (five thousand)
officials/Transporters/Dealers/consumers etc. on request per location
from location on mutually agreed date.
10 Non-maintenance of minimum 5% inventory of VMU at 1000/-(one thousand) per
Location (applicable after 32 weeks from the date of day per location.
acceptance date of PO and after completion of initial
commissioning)
11 Erroneous system generated exception/performance 1000/- (one thousand)
reports per day.
12 Non-returning of IOCL data (Masters & Transactions) / 5% of total contract
IOCL specific customisation to IOCL after termination of value.
contract.
13 The VTS Uptime falls below <75% at >10% supply locations IOCL, at its own
for three (3) months in a year after completion 32 weeks discretion, may take
initial commissioning period appropriate penal action
which will include
termination of the
contract forthwith and
without any liability, if
for any reason
whatsoever.
ORDER OF PRECEDENCE:
In case of irreconcilable conflict between separate contract documents governing
the same aspect, the following shall prevail in order of preference:-
1. Formal contract
2. Price schedule annexed to the letter of acceptance
3. Agreed variations annexed to the letter of acceptance
4. Prebid meeting and corrigendums.
5. Price bid(BoQ)
6. Technical specifications and drawings
7. NIT
8. Special terms and conditions of contract
9. General conditions of contract
A variation or amendment issued after the execution of the formal contract shall take
precedence over the formal contract and all other Contract Documents. Notwithstanding the
sub divisions of the tender document into several sections and volumes, every part of each
shall be deemed to be supplementary of every other part and shall be read with and into the
contract so far as it may be practicable to do so.
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ANNEXURE – G
STATEMENT OF CREDENTIALS
Attached Separately
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ANNEXURE - H
a. Micro Enterprise - ( )
b. Small Enterprise - ( )
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ANNEXURE-I
Tenderer should furnish following details in the appropriate part based on their organizational
structure.
PARTNERSHIP PART B
COMPANY PRIVATE/PUBLIC
LTD PART C
DECLARATION PART D
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PART A
1 Name of Tenderer
2 Office Address
Residence Address
PLACE
DATE
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PART B
2 Address
3 Name of Partners
4 State whether any of the partners is a Director to the Indian Oil Yes/No*
Corporation Ltd.
PLACE
DATE
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PART C
2 Address of :
a. Registered Office
b. Principal Office
3 State whether the Company is a Pvt. Ltd. Co. or Public Ltd., Co.
PLACE
DATE
TENDERER’S SIGNATURE & SEAL
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PART 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 :
3 Date of retirement
PLACE
DATE
TENDERER’S SIGNATURE & SEAL
NB
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.
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ANNEXURE – J
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ANNEXURE-K
I hereby declare that neither I in my personal name or in the case 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 or having during the past three years, been placed 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 Government or by any other 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 in absence thereof state
“NIL”)______________________________
(Here give particulars of black listing or holiday listing, and in absence thereof state
“NIL”).______________________________________
We hereby declare that neither we or a parent, subsidiary or other Company under direct or
indirect common parent (associate company) are presently nor have within the past three years
been placed on black list or holiday list declared by Indian Oil Corporation Limited or by any
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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 any Government (State, Provincial, Federal or Central)
or by any other Public Sector Organization in India or in any other country, in respect of corrupt
or fraudulent practice(s), except as indicated below:
(Here give particulars of black list or holiday listing, 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.
NOTE: - FORMAT TO BE TYPED ON TENDERERS LETTER HEAD AND SUBMITTED ALONG WITH
TECHNICAL BID DOCUMENTS WITH SIGNATURE AND STAMP
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ANNEXURE - L
Note: Copy to be uploaded along with tender and original to be submitted during documents
verification.
• 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.nic.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.
Date:
Place:
Witness:
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ANNEXURE-M
Payment system to Vendors through Electronic Modes such as EFT, RTGS etc has been
introduced by the Corporation. For availing this facility, a consent letter from the Vendor as
also the Bank Account details of the Vendor is required.
Tenderers are requested to submit their Consent Letter as per the format given below along
with the enclosures as required:-
Dated :
To ,
Dear Sir ,
With reference to your advice, we hereby agree to accept the payment of our bills through
“RTGS/NEFT/Electronic Mode”.
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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.
**** 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.
**** Verification required only in case vendors name is not printed/appearing on the cancelled
cheque leaf being submitted to IOCL office
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ANNEXURE-N
1.1.1. Definitions
A. “Applicable Laws” means all laws, ordinances, rules, regulations applicable in India,
including but not limited to amendments, re-enactments, revisions, interpretations,
applications, and adaptations thereto made from time to time and in force
and effect, judgements, decrees, injunctions, writs and orders of any court, or
governmental agency or authority, rules, regulations, orders and interpretations
of any governmental authority, court or statutory or other body having jurisdiction
for the proper performance of the rights, obligations, duties, roles and
responsibilities as provided under the Tender Document, including Applicable
Permits & Clearances, as may be in effect at the time of performance of the rights,
obligations, duties, roles and responsibilities as provided for under the Tender
Document.
B. “Applicable Permits & Clearances” means any and all approvals, permits,
clearances, authorizations, no – objection certificates, certifications of
governmental authorities or agencies, consents, licenses, ruling, exemptions,
filings, or agreements required to be obtained under Applicable Laws or for the
proper performance of the rights, obligations, duties, roles and
responsibilities as provided under the Tender Document and includes any
approvals, permits, clearances, authorizations, no – objection certificates,
certifications of governmental authorities or agencies, consents, licenses, ruling,
exemptions, filings, or agreements required to be expressly or impliedly obtained
under the Tender Document.
C. “As – Is Processes” shall mean the business processes functionalities related to the
business areas referred t o in this Tender D o c u m e n t a n d implemented
a n d operational in the organization.
D. “BOM”, “BOQ”, “BoQ” or “BoM” each shall refer to the Bill of Materials or Bill
of Quantities which provide for items as specified therein, to be procured by the
Successful Bidder under the Tender Document.
F. “Contract Value” shall mean the value of the Contract as quoted by the Successful
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G. “COTS” shall refer to Commercial off–the-shelf Software which shall include, any
item of supply that is a commercially sold in substantial quantities in the
commercial marketplace and which is offered to any government / corporation,
under a contract or a sub – contract, without modifications or with minor
modifications as are necessary for the purposes of procurement by such
government / corporation, so that it is substantially in the same form as it is sold in
the commercial marketplace.
I. “Holiday List” which shall mean and include the Holiday Lists and the Black Lists of
IOCL, its Administrative Ministry i.e. Ministry of Petroleum and Natural Gas, all
other public sector undertakings owned (partly or wholly) by the Government of
India and all other ministries and departments of the Government of India.
“Holiday-listing” shall be understood accordingly.
J. “Industry Best Practices” shall refer to the best world class practices prevalent in
the relevant industry and shall involve the exercise of those degrees of skill,
diligence, efficiency, reliability and prudence and those practices, methods,
specifications and standards of proper delivery, execution, services and
performance, as may change from time to time and which would reasonably and
ordinarily be expected to be used by a sufficiently skilled and experienced vendor,
contractor, Original Equipment Manufacturer or System Integrator engaged in the
proper execution and delivery of such works and adequate performance of such
obligations and services as provided for under the Tender Document.
M. “Purchase Order” shall mean the purchase order or work order. The terms “PO”,
“Work Order” and “WO” shall also refer to Purchase Order.
N. “Primary Data Centre” or “PDC” or “DC” refers to the site from which the
solution shall be hosted and made operational. “Disaster Recovery Site” or
“DR” refers to the secondary site which will serve the purpose of standby for the
Primary Data Centre.
P. “Scheduled Bank” shall mean any Nationalized / PSU Bank appearing in the
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Scheduled Banks list of RBI or any Scheduled Bank (other than a Nationalized /
PSU Bank) appearing in the Scheduled Banks list of RBI having a credit rating of at
least ‘A’ of Moody’s or equivalent in case of foreign banks and credit rating at least
‘AA’ of CRISIL or equivalent (SEBI approved rating agencies) in case of Indian Banks,
at the time of acceptance of bank guarantee.
S. “Solution” shall mean and include the Hardware and Software along with
Software licences and all the allied applications comprising of software,
configuration, implementation, hosting and Maintenance thereof and associated
Services for the Company and shall include any ancillary requirements, terms,
conditions, obligations, amendments and clarifications as per the terms and
conditions under the Contract.
T. “Successful Bidder” shall mean the bidder as selected by IOCL through the
letter of award as per provisions of this Tender Document.
U. “Taxes” shall include all statutory dues, taxes, duties, levies, cesses, surcharges,
charges, interest, penalties, price discount and any statutory levies as applicable
from time to time and stamp duty to be imposed on and / or assessed on the Bidder
at the time of performance of obligations, duties, roles and responsibilities as
provided under the Contract, or its sub –contractors and / or licensors, or their
employees, by all municipal, local bodies, state or national government authorities
or any other government authority in connection with the obligations, duties,
roles and responsibilities as provided under the Contract.
W. “To – Be Processes” shall mean the set of new, changed or optimised processes
envisaged / discovered during the in- depth study conducted by the bidder prior to
the solution implementation.
1.2.1 Capitalized terms not expressly defined under the Bidding Documents shall
have those meanings and references as to be within the common knowledge
of a skilled and experienced OEM or system integrator in the context of the
Solution as has been provided under the terms, requirements, conditions
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1.2.2 All other definitions and principles of interpretation set out in the
Agreement shall apply mutatis mutandis to this Tender Document.
1.3 DISCLAIMER
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1.3.5 IOCL also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any
bidder upon the statements or any information contained in this Tender
Document.
1.3.6 IOCL may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, assessment or
assumptions contained in this Tender Document.
1.3.7 The issue of this Tender Document does not imply that IOCL is bound
to select a bidder or to appoint the Successful Bidder, for the execution of
the Scope of Work and other requirements, and IOCL reserves the right to
reject all or any of the bidders or bids without assigning any reason
whatsoever.
1.3.8 The bidder shall bear all costs associated with or relating to the
preparation and submission of its bid including but not limited to
preparation, copying, delivery fees, expenses associated with any
demonstrations or presentations which may be required by IOCL or any
other costs incurred in connection with or relating to its bid. All
payment of such costs and expenses will lie with the bidder and IOCL
shall not be liable in any manner whatsoever for the same or for any
other costs or other expenses incurred by a bidder in preparation or
submission of the bid, regardless of the conduct or outcome of the bidding
process.
1.3.9 The bidder on submission of the first bid shall be deemed to have
acknowledged and undertaken that based on the terms and conditions of
the Tender Document, the bidder shall independently arrive at the solution,
which is suitable for IOCL and shall recommend the same in its bid after
taking into consideration the effort estimated for implementation of the
same. If any services, functions or responsibilities not specifically
described in the Contract are an inherent, necessary or customary part of
the deliverables or services and are required for proper
performance or provision of the deliverables or services in accordance
with the Contract, they shall be deemed to be included within the scope
of the deliverables or services, as if such services, functions or
responsibilities were specifically required and expressly described in the
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The Tender Document, the procedures of bidding, the bids, the terms of
the Contract, the technical and various other requirements and any other
supplemental information and / or any clarifications and / or any amendments and
/ or any corrigenda, as may be released by IOCL from time to time, shall form part
of the Bidding Documents.
2.1.2.1 All the bidders who have registered on and downloaded the
Tender Document from the e-tender portal of IOCL at
https://iocletenders.nic.in can attend the meeting.
2.1.2.2 The bidders shall send their representatives and / or agents, with letter
of authorization from the organization, to sign the Minutes of Pre-Bid
Conference so that they shall be in a position to take final decisions on terms
of the Tender Document.
2.1.2.3 Bidders may please note that IOCL shall not accord any further opportunity
to the bidders to address their concerns and queries at any later date,
unless in exercising its full and final discretion it deems it necessary to do so.
2.1.2.4 The Minutes of the Pre-Bid Conference meeting shall be uploaded on the
IOCL e-Tender website: https://iocletenders.nic.in.
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2.1.3.1 At any time, prior to the final deadline for submission of bids IOCL may,
for any reason, whether at its own initiative, or in response to a clarification
requested by a prospective bidder, amend the Bidding Documents.
The bid prepared by the bidder and all correspondence and documents related
to the bid exchanged between the bidder and IOCL shall be written in the English
language, provided that any printed literature furnished by the bidder may
be written in another language, as long as such literature is accompanied by
an authentic translation of its pertinent passages in English language in which case,
for purposes of interpretation of the bid, the translation shall govern, after due
verification by IOCL.
B. DECLARATIONS:
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The bidder should strike off / remove the parts that are not
applicable (that are highlighted / shaded) and retain the last paragraph
in the declaration.
C. PROFORMA:
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A. Bidders shall quote prices for the bidding process on a ‘single responsibility’
basis for the performance, such that the total bid price covers all the
bidder’s obligations, duties, roles and responsibilities mentioned in or to be
reasonably inferred from the Bidding Documents in respect of the Solution and
all Taxes thereon. This shall include all obligations, duties, roles and
responsibilities as provided by the Bidding Documents, the acquisition of all
Applicable Permits & Clearances, the supply, configuration, operation,
maintenance, installation, hosting, integration, training services and
such other requirements and services as provided under the Bidding
Documents.
The tenderer shall quote on percentage basis as indicated in the price bid
format. Quoted percentage shall be applicable to all item rates.
C. Taxes:
1) If the Bidder does not set out any Taxes as part of the bid prices/Contract
Value, which are applicable at the time of making the bid, such Taxes shall
be deemed to have been included in the bid prices/Contract Value and no
separate or additional reimbursement or payment over the Contract Value
shall be due from or payable by IOCL.
All prices and levies in Bill of Quantities (BoQ) or Price Bid are in Indian Rupees
only. A sample Price bid is provided.
2.2.5 Period of Validity of the Bid
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120 days from the date of opening of the Technical Bid of the tender. Once any
quotation is accepted and the Letter of Award, Work Order or Purchase Order is
placed on the Successful Bidder; the validity of the rates will remain till the
completion of delivery and terms and conditions of the Contract in all respects. No
escalation in the costs and expenses of the Successful Bidder shall be entertained
at any stage of the Agreement till all the duties, responsibilities and obligations of
the Successful Bidder are completed in all respects. IOCL may seek further
extension if required.
Each bidder can submit only one tender bid. It is clarified that a person shall be
deemed to have submitted more than one bid if a person bids in a partnership or
limited liability partnership format and/or in a Company format. A Company shall
for this purpose include any artificial person whether constituted under the
Applicable Laws, laws of India or of any other country. A person shall be
deemed to have bid in a partnership format or in association of persons format if
he is a partner of the firm which as submitted the bid or is a member of any
association of persons which has submitted a bid. A person shall be deemed to
have bid in a Company format if, the person holds more than 10% (ten percent) of
the voting share capital of the company which has submitted a bid, or is a Director
of the Company which has submitted a bid, or holds more than 10% (ten percent) of
voting share capital and/or is a Director of a holding Company which has submitted
the bid.
2.3 SUBMISSION OF BIDS
2.3.1.1 IOCL reserves the right to accept / reject any or all bids without assigning
any reason whatsoever.
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2.3.1.10 Bidder shall strictly comply with the form and content of the
Annexures of the Tender Document; furnish Bank Guarantees for Earnest Money
Deposit and Security Deposit, Indemnity bonds and other Declarations.
2.3.1.11 Any offer or bid, which does not comply with the terms and
conditions of the Tender Document or contains qualifications or any counter
conditions, will be treated as invalid.
2.3.1.13 IOCL is issuing this Tender Document, for the purposes of Original
Equipment Manufacturer(s) and / or system integrators, who are
incorporated/formed in India, to participate in the bidding process for the
delivery and service of the Solution as per scope of work, requirements,
terms and conditions in this Tender Document.
2.3.1.15 Bidders can submit only one bid in two parts as required under the
Tender Document on their behalf. If multiple bids are submitted from any
bidder, all bids submitted by that bidder will be rejected.
2.3.1.22 Bidder should study the Tender Document in its entirety carefully and
understand the exact requirements, terms and conditions under the Tender
Document before submission of bids.
2.3.1.23 If there are any doubts, bidders should get clarifications before the due
date but this shall not be a justification for late submission of the bid or
requesting extension of bid opening dates. No clarifications shall be given
in writing after the date of the Pre - Bid Conference.
2.3.1.27 IOCL is not bound to accept the lowest bid and reserves the rights to
reject any or every bid without assigning any reason whatsoever and / or
to carry out negotiations with the bidders in the manner considered suitable
to IOCL. Any conditions and qualifications attached / printed overleaf of the
bidder’s offers not in consonance with the terms and conditions of the Tender
Document or the rules and regulations of IOCL, will not be binding on IOCL.
2.3.1.28 Bidder will give an undertaking about Confidentiality of the Tender
Document as per Annexure – O. The Bidder should give undertaking to sign
the Non – Disclosure Agreement as per Annexure – O. The Successful Bidder
will have Non – Disclosure obligations even under the Agreement after
execution.
2.3.1.3 Deviations
Any deviations from the terms and conditions or from the Technical and
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8) Details of work carried out for meeting Pre – Qualifying Criteria along
with the relevant documents, such as copies of Work Order and
completion certificates, supporting the claim.
9) Audited Profit and Loss Account Statement and Balance Sheets for the
last 3 (three) financial years (FY 2015-16, FY 2016-17 and FY 2017-18).
10) Copies o f I n c o m e T a x R e t u r n A c k n o w l e d g e m e n t f o r l a s t 3
( three) financial years (FY 2015-16, FY 2016-17 and FY 2017-18).
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As on the date of opening of the relevant bid, no modifications to the bid shall be
allowed. However, if bidder intends to revise or modify the bid already
submitted, they may change / revise the same before the last date and time of
submission of bid. Any withdrawal of bids by bidders during the period of validity of
the bid shall be a valid ground for forfeiture of the EMD by IOCL.
A. Technical Bid with Commercial Terms without Price Bids (PART - 1) shall be
opened on the specified date and time or any time thereafter mentioned in
the NIT by designated IOCL officials.
B. Price Bid (PART - 2) of bids which only qualify in the Technical Bid
with Commercial Terms without Price Bid (PART - 1) stage of the bidding
process will only be opened.
C. IOCL shall not be bound to accept the lowest bid or any bid. The decision
of IOCL in this regard shall be final and binding on all bidders.
a) Call up POs shall be placed by IOCL State Office for individual political states
where the services are proposed to be carried out.
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b) Against the supply Item, the Vendor will be paid taxes only against 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.
c) In case financial implication of the tax component for supply portion quoted by
vendor is less than applicable GST, then the payment by IOCL in lieu of taxes
will be restricted to the amount equivalent to tax component quoted by
vendor.
D. The Security Deposit shall be held by IOCL as security for the due
performance of the obligations by the Successful Bidder under the Contract.
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IOCL shall have right to encash the entire Security Deposit on occurrence
of breach of any terms of the Contract by the Successful Bidder. Further, all
sums of compensation, damages, price discount or any other sums of money
payable by the Successful Bidder may be realized from Security Deposit by
encashment and appropriation of the proceeds thereof, without such
provision being treated as a limit on the liability of the Successful Bidder
to pay damages or compensation for breach of its obligations and
responsibilities under the Contract. Provided that nothing herein stated shall
make it incumbent upon IOCL to utilize the Security Deposit in preference to
any other remedy, which IOCL may have.
E. Upon any encashment and appropriation of the Security Deposit,
the Successful Bidder shall, within 15 (fifteen) days thereof, replenish, in
case of partial appropriation, to the original level of the Security Deposit,
and in case of appropriation of the entire Security Deposit provide a fresh
Security Deposit, as the case may be, and the Successful Bidder shall, within
the time so granted, replenish or furnish fresh Security Deposit as aforesaid
failing which IOCL shall be entitled to terminate the Agreement.
F. Without prejudice to the aforesaid, in the event of the Successful Bidder
failing to make and maintain a Security Deposit in the manner aforesaid,
IOCL shall have the right to forfeit any money lodged with IOCL on behalf of
the bid submitted by them and IOCL shall be entitled to cancel the
acceptance of the bid and the Letter of Award thereof.
In the event, the Successful Bidder has failed to perform any obligation under
this Tender Document or the Contract after the issuance of the Letter of Award,
IOCL may take the following actions:
A. The entire amount of the EMD or the Security Deposit (as the case may be) of
the Successful Bidder is liable for appropriate/encashment by IOCL as price
discount being pre-estimate damage caused to IOCL;
B. The Successful Bidder shall be put on the Holiday List/Black List of IOCL as
its policy;
D. IOCL may appoint any other person for completion / performance of the
Contract at the sole cost and risk of the Successful Bidder.
A. The bidders and their respective officers, employees, agents and advisers
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shall observe the highest standard of ethics during the Bidding Process and
subsequent to the issue of the LOA and during the subsistence of the
Agreement. Notwithstanding anything to the contrary contained herein, or in
the LOA or the Agreement, IOCL may reject a Bid, withdraw the LOA, or
terminate the Agreement, as the case may be, without being liable in
any manner whatsoever to the Bidder, as the case may be, if it determines
that the Bidder, as the case may be, has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such
an event, IOCL shall be entitled to forfeit and appropriate the Bid Security or
Security Deposit, as the case may be, as price discount, without prejudice to
any other right or remedy that may be available to IOCL under the Bidding
Documents and/ or the Agreement, or otherwise.
B. Without prejudice to the rights of IOCL herein above and the rights
and remedies which IOCL may have under the LOA or the Agreement, or
otherwise if a Bidder, as the case may be, is found by IOCL to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Bidding Process, or after the issue of the LOA or the
execution of the Agreement, such Bidder shall not be eligible to participate in
any tender issued by IOCL during a period of 2 (two) years from the date such
Bidder, as the case may be, is found by IOCL to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practices, as
the case may be.
C. For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
1. “corrupt practice” means (a) the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence the
actions of any person connected with the Bidding Process (for avoidance
of doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of IOCL who is or
has been associated in any manner, directly or indirectly, with the
Bidding Process or the LOA or has dealt with matters concerning the
Agreement or arising therefrom, before or after the execution thereof,
at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of IOCL,
shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or (b) save and except as
permitted under this tender document, engaging in any manner
whatsoever, whether during the Bidding Process or after the issue of the
LOA or after the execution of the Agreement, as the case may be, any
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person in respect of any matter relating to the work or the LOA or the
Agreement, who at any time has been or is a legal, financial or
technical adviser of IOCL in relation to any matter concerning the work;
2. “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order
to influence the Bidding Process;
3. “coercive practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly, any person or property to
influence any person’s participation or action in the Bidding Process;
The Time Schedule for the tendering process has been provided in the NIT
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3.3.1 Upon occurrence of any delay of delivery, any default, breach or violation of any
of the provisions of the Contract by the Successful Bidder, IOCL shall, without
prejudice to its other rights and remedies hereunder or in law, the Successful
Bidder shall pay to IOCL, price discount in an amount calculated at the rate of 0.5%
of the Contract Value for each week during which such default, breach or violation
continues. This provision will not be applicable for the defaults, breach or
violation for which the price adjustments have been specifically provided under
this Tender Document.
3.3.2 The Successful Bidder acknowledges that the price discount as aforesaid payable
by the Successful Bidder as set out herein are genuine pre-estimates of the losses
to be suffered by IOCL for shortfalls/breaches/violation by the Successful Bidder
and are neither penalty nor consequential damages sustained by IOCL as a result of
such shortfalls. In view of the foregoing, the Successful Bidder accepts and agrees
to such price discount as assessed by an auditor based on the terms hereof and
shall not dispute such price discount in any proceedings. The price discount as set
above shall be payable by the Successful Bidder forthwith on demand made by
IOCL. Applicable service tax for price discount is liable to be deducted from the
Successful Bidder.
3.3.3 Without prejudice to the above, IOCL shall be entitled to set off the amount of
price discount payable by the Bidder to IOCL against any and all amounts due
to the Bidder by IOCL under the Contract or any other contract or document
and/or encash the Security Deposit for the price discount payable by the Bidder.
The maximum liability of the Successful Bidder shall be limited to 100% of the
Contract Value. Notwithstanding the before said, the liability of the Bidder shall
not be limited in the event the liability arises out of fraud, negligence, misconduct,
infringement of intellectual property rights and/or loss of data by the Bidder.
3.5 ARBITRATION:
If any dispute or difference of any kind whatsoever shall arise between the Parties
in connection with or arising out of this Agreement, such dispute or difference shall
be resolved through arbitration as per the procedure mentioned herein below:
b. The arbitration shall be through Indian Council for arbitration, Mumbai (Name of
Institutional Arbitration Forum).
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d. The Indian Arbitration and Conciliation Act 1996 and Arbitration and Conciliation
(Amendment) Act 2015 or any statutory modification or re-enactment thereof and
the rules made there under for the time being in force shall apply to the
arbitration proceedings under this clause.
g. The cost of the proceedings shall be equally borne by the parties, unless otherwise
directed by the sole arbitrator.
Though the contract period is envisaged for 5 years, IOCL gives commitment for
contract period of 3 years. After 3 years, if IOCL wishes to exit the contract, IOCL may
do so by giving notice period of 6 months to the bidder. However, the work order shall
be valid for five years i.e., if no notice is given the VTS system continues in OPEX
model for five years.
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Indian Oil Corporation Limited (MD)
ANNEXURE – O
Confidentiality and Non – Disclosure Agreement (required only for successful bidder)
M/s Indian Oil Corporation Ltd., a company incorporated under the provisions of the
Companies Act, 1956 and having its registered office at [Indian Oil Bhavan, G-9, Ali Yavar
Jung Marg, Bandra East, Mumbai 400051] (hereinafter referred to as “Disclosing Party”),
which expression shall, unless repugnant to the meaning or context thereof, be deemed to
mean and include its successors and assigns), of the One Part;
AND
…………….(name and address of the firm/Company through (mention details of duly
authorized signatory) (hereinafter referred to as the “Receiving Party” and which
expressionshall unless repugnant to the meaning or context hereof include its successors
and permitted assigns), of the OTHER PART.
IOCL and Receiving Party are, wherever the context so requires, hereinafter collectively
referred to as the “Parties”.
1.
Purpose
a) The Company is a public sector undertaking engaged inter alia in the business
of refining and marketing of petroleum and petrochemical products and is
India’s largest commercial enterprise. The main products of the Company are
petrol, diesel, liquefied petroleum gas, auto liquefied petroleum gas,
aviation turbine fuel, lubricants and various petrochemicals.
b) The Receiving Party is engaged in the business of
[To be inserted at the time of finalization of the agreement].
c) IOCL is desirous of sharing certain information of a proprietary and confidential
nature with the Receiving Party with the objective of permitting the
Receiving Party to undertake process development, testing, product
development and various other activities based on such information with regard
to Centralized vehicle tracking and management system (CVTMS) as a
Managed Service in OPEX model for Tank Trucks under contract of Indian Oil
Corporation Limited for a period of five years in the manner and to the extent
as provided under this Tender.
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disclosure or use of, the Confidential Information other than for the
purposes of the Project and in order to prevent Confidential Information from
falling into the public domain or the possession of persons other than those
persons authorized hereunder to receive or possess any Confidential
Information, which measures shall include the highest degree of care that is
expected from a reasonable person to protect its own confidential information
of a similar nature. The Receiving Party agrees to immediately notify IOCL, in
writing, with regard to any actual or alleged misuse or misappropriation of
Confidential Information by its officers, directors, agents, employees,
shareholders, affiliates, subsidiaries or consultants.
d) The Receiving Party understands that any use or disclosure of such Confidential
Information for purposes other than t he Projec t including any
inadvertent disclosure thereof shall cause immense and irreparable harm,
loss, damage and injury (including damage to reputation to IOCL and /or its
affiliates). The Receiving Party acknowledges that IOCL and its intended
beneficiaries hereunder shall be entitled to seek injunctive reliefs against the
Receiving Party in case of breach or threatened breach of the provisions of this
Agreement since monetary relief alone shall not be adequate remedy for breach
of this Agreement.
e) The Receiving Party hereby indemnifies and agrees to hold IOCL and
its respective employees, directors, representatives and agents (collectively
the “Indemnified Party”) harmless from any claims, loss, harm, damage,
actions, suffered by the Indemnified Party and/or any third party who is the
owner of such Confidential Information, arising out of any use, misuse, abuse
or malafide disclosure of such Confidential Information for any purposes other
than the Project.
4. Data Loss
The Bidder, while working on the project for IOCL, may receive, collect or have
access to the information of IOCL or its customers which may be confidential or
proprietary in nature. The Bidder acknowledges that such information and its
protection is critical for the business and goodwill of IOCL and may get access to
the same solely during the course of performing services for discharging its
obligations.
The Bidder will comply with the terms set out in the tender document as well as
those informed by IOCL from time to time, with regard to its receipt, use,
transmission, disposal and disclosure. The Bidder will also ensure that its
employees/contractors who are given access to such information also comply with
such terms. If any action or omission of the Bidder or any of its
employees/contractors leads to a loss of any such information, then the Bidder will
be held liable for such loss and will have to indemnify IOCL for all damages suffered
by IOCL due to such loss. The Bidder will immediately, on learning of loss of any
information, inform IOCL of such loss after which the Bidder and IOCL will fully and
promptly co-operate with each other to investigate and remedy such loss. The Bidder
will, at its own expense, take all reasonable steps to prevent any further loss of the
information.
The Bidder acknowledges that some of the information that the Bidder receives or
has access to could be sensitive personal information within the meaning of the
Information Technology (Reasonable security practices and procedures and sensitive
personal data or information) Rules, 2011, as amended from time to time (“Rules”).
The Bidder will, in addition to the above obligations, also comply with the Rules at
all times. The Bidder will implement all safeguards and practices that are
legally necessary to protect sensitive personal information and will use such
information only for the purpose for which it is collected and not use or disclose for
its own purpose or for the benefit of anyone but IOCL.
The Bidder will keep and maintain all confidential information including sensitive
personal information in strict confidence and will use such degree of care as is
reasonably and legally required to avoid unauthorized access, use or disclosure.”
5. No Authority
The Receiving Party shall have no authority to represent itself as IOCL's licensee,
partner, joint venture or in any other capacity whatsoever nor shall the Receiving
Party attempt to enter into any agreement on IOCL’s behalf or represent or hold
itself out that it has such authority.
6. Return of confidential information
6.1 The Receiving Party shall, and shall cause its Representatives to, at the sole cost
and expense of the Receiving Party, destroy any and all Confidential Information
furnished or caused to be furnished by the Disclosing Party to the Receiving Party or
its Representatives in connection with the Transaction, together with all copies of
such information, within seven (7) days of (i) Parties having mutually agreed to
discontinue evaluation of the Transaction, or (ii) the Receiving Party notifying the
Disclosing Party of the Receiving Party ceasing to be interested in the Transaction;
(iii) the written request of the Disclosing Party, or (iv) expiry of the agreement.
6.2 The Receiving Party shall, within such seven (7) day period, irreversibly destroy
or permanently erase all other materials prepared by the Receiving Party or its
Representatives that incorporate or are derived from any of the Confidential
Information, including, without limitation, by means of fully expunging any
electronic copies from the relevant devices.
6.3 The Receiving Party shall certify in writing that all Confidential Information has
been destroyed and that all other materials prepared by the Receiving Party or its
Representative that incorporate or are derived from any of the Confidential
Information have been duly destroyed in accordance with the provisions hereof.
7. Patent, Trademark or Copyright Infringement
Nothing in this Agreement is intended to, or shall grant any rights or title in or to
the Confidential Information disclosed to the Receiving Party including under any
patent, trademark or copyright or other applicable relevant laws and a disclosure
thereof shall not by itself constitute any option, grant or license of rights now or
hereinafter held by IOCL, its affiliated companies to the Receiving Party, nor shall
this Agreement grant the Receiving Party any rights in or to Confidential
Information, except the limited right to use such Confidential Information solely for
the purposes of the Project.
8. Term
Except and as otherwise provided in this Agreement, the foregoing commitments
under this Agreement shall commence upon the date of execution of this Agreement
and shall survive termination of this Agreement.
9. Miscellaneous
a) This Agreement shall not be assigned by the Receiving Party without the prior
written consent of IOCL and any purported attempt by the Receiving Party to
assign this Agreement shall be deemed null and void. IOCL’s failure to
enforce any provision of this Agreement shall not constitute a waiver of any
term hereof.
b) The Receiving Party agrees that: (i) IOCL and any and all affiliates thereof,
including without limitation, licensees, licensors, subsidiaries and joint ventures, that
provide Confidential Information to the Receiving Party pursuant to this Agreement are
express and intended beneficiaries of this Agreement; (ii) the Receiving Party must abide
by this Agreement with respect to Confidential Information provided by any such
beneficiary(ies); and (iii) any such beneficiary(ies) may bring suit to enforce this Agreement.
10.1 If any dispute or difference of any kind whatsoever shall arise between the
Parties in connection with or arising out of this Agreement, such dispute or
difference shall be resolved through arbitration as per the procedure mentioned
herein below:
b. The arbitration shall be through Indian Council for arbitration, Mumbai (Name of
Institutional Arbitration Forum).
d. The Indian Arbitration and Conciliation Act 1996 and Arbitration and
Conciliation (Amendment) Act 2015 or any statutory modification or re-enactment
thereof and the rules made there under for the time being in force shall apply to
the arbitration proceedings under this clause.
g. The cost of the proceedings shall be equally borne by the parties, unless
otherwise directed by the sole arbitrator.
10.2 The Governing Law shall be the laws of India in force from time to time.
10.3 Subject to Clause 10.1 above, the Courts at Mumbai shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection with
this Agreement and the tender process hereunder.
IN WITNESS WHEREOF the Parties hereto have set and subscribed their respective hands on
this Confidentiality and Non-Disclosure Agreement o n the day and the year
first hereinbefore written.
BY THE WITHIN NAMED [INSERT NAME OF BIDDER]
THROUGH THE HAND OF:
______________________________
(AUTHORIZED SIGNATORY)
BY T H E W I T H I N N A M E D I N D I A N O I L CORPORATION L T D
THROUGH THE HAND OF:
(AUTHORIZED SIGNATORY)
ANNEXURE – P
Covering Letter required to be signed and submitted by the tenderer (On Letter Head)
Ref. : Dated :
To,
__________________________
Dear Sir,
The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the MOU
with Transparency International India for the adoption of the Integrity Pact Program and
stands committed to following the principles thereof as enumerated in the Integrity
Agreement enclosed with the tender document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on
the condition that the Bidder will sign the enclosed Integrity Agreement, which is an
integral part of tender documents, failing which the tenderer will stand disqualified from
the tendering process. The Bidder acknowledges that the Bid would be kept open in its
original form without variation or modification for a period of 120 days (state the number
of days from the last date for the receipt of tenders stated in the NIT) AND THE MAKING
OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of
this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity Agreement in letter and
spirit and further agrees that execution of the said Integrity Agreement shall be separate
and distinct from the main contract, which will come into existence when bid is finally
accepted by IOCL. The Bidder acknowledges and accepts the duration of the Integrity
Agreement, which shall be in line with Article 8 of the enclosed Integrity Agreement.
Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity
Agreement, while submitting the Bid, IOCL shall have unqualified, absolute and
unfettered right to disqualify the tenderer and reject the Bid in accordance with the
terms and conditions of the tender.
Yours faithfully,
(Duly authorized Signatory of the Bidder)
INTEGRITY AGREEMENT
(Marketing Division)
INTEGRITY AGREEMENT
BETWEEN
Indian Oil Corporation Limited, a company duly incorporated and validly existing under the
provisions of Companies Act, 1956 and having its registered office at Indian Oil Bhavan, 9,
Ali Yavar Jung Marg., Bandra (East), Mumbai 400 051 (hereinafter referred as the Principal
/ Owner’, which expression shall unless repugnant to the meaning or context hereof
And
______________________________________________________________________________
_____________________ (name and address of the individual / firm / Company /
consortium members through
_______________________________________________________________
Preamble
WHEREAS the Principal / Owner has floated a tender (Tender No. :
________________________________________________________ ) (hereinafter referred to
as “Tender”) and intends to award, under laid down organizational procedures, contract/s
purchase order / work order for _________________________________________________
(name of contract / order) or items covered under the tender hereinafter referred to as
the “Contract”.
AND WHEREAS the Principal/Owner values full compliance with relevant laws of the land,
rules, regulations, economic use of resources and of fairness / transparency in its relation
with its Bidder (s) and Contractor (s).
AND WHEREAS, in order to achieve these goals, the Principal / Owner has appointed
Independent External Monitors (IEM), to monitor the Tender process and the execution of
the Contract for compliance with the principles as laid down in this Agreement.
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into
this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms
and conditions of which shall also be read as integral part and parcel of the Tender
documents and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows and this Pact witnesseth as under;
b) The Principal / Owner will, during the Tender process, treat all Bidder (s)
with equity and reason. The Principal / Owner will, in particular, before and
during the Tender process, provide to all Bidder (s) the same information
and will not provide to any Bidder(s) confidential / additional information
through which the Bidder(s) could obtain an advantage in relation to the
Tender process or the Contract execution.
c) The Principal / Owner shall endeavour to exclude from the Tender process
any person, whose conduct in the past has been of biased nature.
2) If the Principal / Owner obtains information on the conduct of any of its employees
which is a criminal offence under the Indian Penal Code (IPC) / Prevention of
Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned
or if there be a substantive suspicion in this regard, the Principal / Owner will
inform the Chief Vigilance Officer and in addition can also initiate disciplinary
actions as per its internal laid down policies and procedures.
b) The Bidder (s) / Contractor (s) will not enter with other Bidder (s) into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non – submission of bids or any other actions to
restrict competitiveness or to cartelize in the bidding process.
c) The Bidder (s) / Contractor(s) will not commit any offence under the
relevant IPC / PC Act. Further the Bidder (s) / Contractor(s) will not use
improperly, (for the purpose of competition or personal gain), or pass on to
others, any information or document provided by the Principal / Owner as
part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted
electronically.
d) The Bidder (s) / Contractor(s) of foreign origin shall disclose the names and
addresses of agents / representatives in India, if any. Similarly Bidder(s) /
Contractor(s) of Indian Nationality shall disclose names and addresses of
foreign agents / representatives, if any. Either the Indian agent on behalf of
the foreign principal or the foreign principal directly could bid in a tender
but not both. Further, in cases where an agent participates in a tender on
behalf of one manufacturer, he would not be allowed to quote on behalf of
another manufacturer along with the first manufacturer in a subsequent /
parallel tender for the same item. Copy of CVC guidelines dated 21.04.2004
is annexed hereto as Annexure A.
e) The Bidder(s) / Contractor(s) will, when presenting his bid, disclose any and
all payments he has made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the
Contract.
Article 3 – Disqualification from Tender Process and exclusion from future contracts.
2. The Bidder / Contractor accepts and undertakes to respect and uphold the
Principal / Owner’s absolute right to resort to and impose such exclusion.
3. Apart from the above, the Principal / Owner may take action for banning of
business dealings / holiday listing of the Bidder / Contractor as deemed fit by the
Principal / Owner.
3) If the Bidder / Contractor can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system, the
Principal / Owner may, at its own discretion as per laid down organizational
procedures, revoke the exclusion prematurely.
2) The Principal / Owner will enter into Pacts on identical terms as this one with all
Bidders and Contractors.
3) The Principal / Owner will disqualify Bidder, who do not submit, the duly signed
Pact between the Principal / Owner and the bidder, along with the Tender or
violate its provisions at any stage of the Tender process, from the Tender process.
Article 7 – Independent External Monitor (IEM)
1) The Principal / Owner has appointed competent and credible independent External
Monitor(s) (IEM) for this Pact. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the
obligations under this Pact.
2) The IEM is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman,
Indian Oil Corporation Limited.
3) The Bidder(s) / Contractor(s) accepts that the IEM has the right to access, without
restriction, to all Project documentation of the Principal / Owner including that
provided by the Contractor. The Contractor will also grant the IEM, upon his
request and demonstration of a valid interest, unrestricted and unconditional
access to his or any of his Sub-Contractor’s project documentation. The IEM is
under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
4) In case of tenders having estimated value of Rs. 150 crores or more, the Principal /
Owner will provide to the IEM sufficient information about all the meetings among
the parties related to the Project and shall keep the IEM apprised of all the
developments in the Tender process.
5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will so
inform the Management of the Principal / Owner and request the Management to
discontinue or take corrective action, or to take other relevant action. The IEM can
in this regard submit non-binding recommendations. Beyond this, the IEM has no
right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.
6) The IEM will submit a written report to the Chairman, Indian Oil Corporation
Limited within 6 to 8 weeks from the date of reference or intimation to him by the
Principal / Owner and, should the occasion arise, submit proposals for correcting
problematic situations.
7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited a
substantiated suspicion of an offence under the relevant IPC/PC Act, and the
Chairman, IOCL has not, within reasonable time taken visible action to proceed
against such offence or reported it to the Chief Vigilance Officer, the IEM may also
transmit the information directly to the Central Vigilance Commissioner.
4) Should one or several provisions of this Pact turn out to be invalid, the remainder
of this Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
5) Any dispute or difference arising between the parties with regard to the terms of
this Pact, any action taken by the Owner / Principal in accordance with this Pact or
interpretation thereof shall not be subject to arbitration.
All rights and remedies of the parties hereto shall be in addition to all the other legal
rights and remedies belonging to such parties under the Contract and / or law and the
same shall be deemed to be cumulative and not alternative to such legal rights and
remedies aforesaid. For the sake of brevity, both the Parties agree that this Pact will have
precedence over the Tender / Contract documents with regard any of the provisions
covered under this Pact.
IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date
first above mentioned in the presence of following witnesses :
__________________________________________
__________________________________________
WITNESSES :
_________________________
_________________________
_________________________
Note : In case of Purchase Orders wherein formal agreements are not signed,
references to witnesses may be deleted from the last part of the Agreement.
ANNEXURE – Q
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 thereafter.
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 the previous consent of the Indian Oil
Corporation Limited in writing.
For ________________
Place :
Date :
ANNEXURE – R
ANNEXURE - S
PROFORMA for DECLARATION CUM INDEMNITY
(required only for successful bidder)
1. That the Company has participated in tender No. (Please specify the tender
details)
--------------------------------- invited by M/s Indian Oil Corporation Ltd on___________.
2. That the Company undertakes and declares that all the credentials, copy
of documents including the document relating to Pre-qualification criteria
submitted along with the tender are genuine and correct.
4. That the Company further hereby indemnifies and shall keep Indian Oil Corporation
Limited indemnified and keep them harmless against any claims, demand, action,
dispute, costs, charges and expenses of any nature suffered or likely to be
suffered or sustained by Indian Oil Corporation Limited on account of not
submitting the genuine/true documents by us. We hereby further agree,
undertake and covenant that in the event of any loss or damage that Indian Oil
Corporation LTD may suffer or be put to, we hereby give unfettered rights and
authority to Indian Oil Corporation LTD to recover and / or adjust the amount of
loss or damage so suffered from any payment/s that may be due to us from Indian
Oil Corporation LTD.
5. That the Indian Oil Corporation shall be at liberty to initiate and take any other
action against the Company in addition to the aforesaid indemnity in the event the
documents/credentials submitted by the Company is found to be untrue or
incorrect or false at any stage.
ANNEXURE – T
Sr Regio IOCL State IOCL State IOCL Supply Location IOCL Supply
No n Office Office Code Name Location Code
1 ER IOAOD 7500 DHARMANAGR 7D02
2 ER IOAOD 7500 MISSAMARI 7D03
3 ER IOAOD 7500 RAMNAGAR 7D04
4 ER IOAOD 7500 DIMAPUR 7D06
5 ER IOAOD 7500 VAIRENGTE 7D10
6 ER IOAOD 7500 DOIMUKH 7D12
7 ER IOAOD 7500 MALOM DEPOT IMPHAL 7D17
8 ER IOAOD 7500 BONGAIGAON 7R01
9 ER IOAOD 7500 BETKUCHI 7T03
10 ER IOAOD 7500 LUMDING TERMINAL 7T04
11 ER IOAOD 7500 DIGBOI TERMINAL 7T16
12 NR DSO 1100 PMC 1121
13 NR DSO 1100 AMBALA 1122
14 NR DSO 1100 BIJWASAN 1123
15 NR DSO 1100 REWARI 1124
16 NR DSO 1100 TIKRIKALAN 1126
17 NR PSO 1200 Jalandhar Terminal 1221
18 NR PSO 1200 Sangrur Terminal 1222
19 NR PSO 1200 Bathinda Terminal 1223
20 NR PSO 1200 Parwanoo Depot 1253
21 NR PSO 1200 Kullu Depot 1255
22 NR RSO 1300 Jodhpur Terminal 1323
23 NR RSO 1300 Chittorgarh Terminal 1324
24 NR RSO 1300 Jaipur Terminal 1325
25 NR RSO 1300 Bharatpur Terminal 1349
26 NR UPSO-I 1400 Allahabad Terminal 1422
27 NR UPSO-I 1400 Kanpur Terminal 1423
28 NR UPSO-I 1400 Mughalsarai Terminal 1424
29 NR UPSO-I 1400 Lucknow Terminal 1426
30 NR UPSO-I 1400 Baitalpur Depot 1442
31 NR UPSO-I 1400 Jhansi Depot 1449
32 NR UPSO-I 1400 Gonda Depot 1456
33 NR UPSO-II 1500 MMT Mathura 1525
34 NR UPSO-II 1500 Agra Terminal 1527
35 NR UPSO-II 1500 ROORKEE 1528
In addition to the above list, there is likelihood of addition of 15 new locations during the
entire contractual period.
ANNEXURE – U