Notice Inviting Tender (NIT)

Tender Ref.: TP/077154C001/000/0841-002/087

Date: 10-Nov-2021

Dear Sir/Madam,

Subject: Supply of CARTRIDGE & ACTIVATED CARBON FILTERS as per Technical Requisition No.
077154C-000-MR-0841-002_or PETROCHEMICAL AND LUBE INTEGRATION PROJECT, “LuPech” (J-
18), IOCL GUJARAT REFINERY of M/s. Indian Oil Corporation Limited (IOCL).

1.0 M/s. Indian Oil Corporation Limited (IOCL), hereinafter also referred to as the “IOCL” proposes to
implement PETROCHEMICAL AND LUBE INTEGRATION PROJECT, “LuPech” (J-18), IOCL
GUJARAT REFINERY in the State of Gujarat, India. For execution of this Project, M/s. IOCL have
appointed M/s. Technip India Limited as their EPCM Consultant.

2.0 Scope of Work:

Design, Engineering, manufacturing, procurement of materials and bought out components, assembly
at shop, testing at manufacturer's works, inspection by TPIA, packing, supply of Cartridge & Activated
Carbon Filters, Including supply of all Mandatory Spares, Pre-commissioning & commissioning
spares, Special tools and tackles( If applicable), Double block skirt template(as applicable) all
auxiliaries & documentation as per the enclosed Tender standard specifications, Job specification, data
sheets etc. and other codes and standards attached or referred as per Material Requisition on FOT
point of despatch for Indigenous bidders for Petrochemical and Lube Integration Project “LuPech” (J-
18) at IOCL Gujarat Refinery, India.

Spares for Erection & commissioning, and TPI charges shall be part of basic price.

3. Details of BID Document:

3.1 Bid Document No. TP/077154C001/000/0841-002/087

3.2 Type of Tender Limited
3.3 Type of Bidding Two Bid system

3.4 Pre-Bid Meeting Not Applicable

3.5 NDA (Non-Disclosure Agreement) Applicable (For more details ref point 3.26 & 3.27
below)
3.6 Price Bid Opening (Part II) Part-II (Price Part) “BoQ” of only those bidders,
whose offers are found techno-commercially
acceptable, shall be opened at a date and time to be
communicated later after intimation to the bidders.
(Bid opening details view online on IOCL e-tender
portal)

3.7 Validity of Bids 4 (Four) months from unpriced bid opening date
(including extensions, if any).

3.8 Earnest Money Deposit (EMD) Not Applicable

3.9 Tender Fee Not Applicable

3.10 Integrity Pact Not Applicable

3.11 Completion Schedule Indian Bidders: 07 (Seven) Months for 1814-G-

003 (Amine Carbon Filter) and 6 (Six) Months for
all other tags on Delivery at FOT dispatch point
basis from the date of issue of Letter of Acceptance
(LOA).
Delivery for Template wherever applicable, shall be
2 months from LoA

Date of Lorry Receipt (LR) or Coastal Bill of Lading

for Indian bidders shall be considered as the date of
delivery.

Delivery is of consideration & above is the maximum

delivery period.

Offers not meeting the delivery requirement may be

rejected

3.12 Payment Terms As per ITB Clause A.14

3.13 Purchase Preference (linked with Applicable

Local Content) Declarations,
Undertakings

3.14 MSE Preference Applicable

3.15 DOMESTICALLY Not Applicable
MANUFACTURED ELECTRONIC
PRODUCTS-

3.16 DOMESTICALLY Not Applicable

MANUFACTURED IRON & STEEL
PRODUCTS-
3.17 Reverse Auction Applicable
3.18 Net Worth Requirement Not Applicable
3.19 Technical Loading Not Applicable
3.20 PBG Requirement Yes

3.21 Item splitable Yes

3.22 Qty Tolerance Not Applicable

3.23 Pre-Qualification Criteria Not Applicable
3.24 Type of Tender items Equipment
3.25 Defect Liability Period Shall be 18 (eighteen) months from the date of
delivery or 12 (Twelve) months after the same have
been put in service or commissioned, whichever is
earlier
3.26 NDA cut-off Date NDA Cut-Off Date : 15-Nov-2021
Only the Commercial Part and Priced Part of the
Bidding Document along with the Confidentiality
Agreement Format are being issued and uploaded
on the e-tendering portal
(https://iocletenders.nic.in).
 Technical Part (i.e., MR) of the bidding document is
not issued / uploaded on the e-tendering portal
(https://iocletenders.nic.in).

Bidders will be required to execute a separate

Confidential agreement with PROCESS LICENSOR
(GDS Unit), as a prerequisite for accessing
Technical section including the Licensor Specific
Confidential Documents of the enquiry. Bidder shall
download the format of Confidentiality Agreement
enclosed with this enquiry and submit the scan copy
duly filled in, signed and stamped by the authorized
signatory of the bidder within the cut-off date and
time as mentioned in NIT.

After verifying the confidentiality agreement as

received from the bidders and after receipt of a
reconfirmation from the bidder through e-mail
that the NDA has been signed by the competent
authority, the Technical Section along with the
Licensor Specific Confidential Documents of the
enquiry shall be issued separately in Physical
form / CD through courier or email or Secured
FTP server, only to the bidders, whose
Confidentiality Agreement are found to be
correct and in line with the prescribed format
and accepted by Licensor.
3.27 NDA – contact details In order to accelerate the approval process from
Legal team, we request you to include the following
phrase “SIGNED WITHOUT ANY DEVIATION”
close to your signature in NDA (Axens) and send
back within cutoff date to M/s Technip at following
email ids :-

R .Govindarajan
govindarajan.ramakrishnan@technipenergies.com
/
Krupakaran Jayaraman –
krupakaran.jayaraman@technipenergies.com /
Manoj Kumar
manoj.barathan@external.technipenergies.com /
3.28 Other Points Offers from the following type of bidders shall not be
considered:

(a) Bidder(s) who are undergoing insolvency

resolution process or liquidation or
bankruptcy proceeding under Insolvency
and Bankruptcy, Code 2016

(b) Bidder(s) whose insolvency resolution

process or liquidation or bankruptcy
proceeding is initiated under the Code at any
stage of evaluation of the bid.

For Other Details, please refer to SPC ,ITB,

GPC, BoQ, MR etc.
 3.29 Notes It is mandatory for bidders to select Preferential Bidder 
Category  in  IOCL  portal  itself  and  to  submit  the 
applicable  supporting  documents  while  uploading  the 
bid in order to avail of any such preferences. If a bidder 
does not select the Preferential bidder category in IOCL 
portal  but  claims  the  Preferences  as  applicable  during 
later stage, the bidder shall not be entitled for claiming 
such preferences 
 
 Schedule 4 Typical Licensor Confidentiality Undertaking draft

CONFIDENTIALITY & LIMITED USE UNDERTAKING

THE UNDERSIGNED:

__________________, a company organized under the laws of Indian Company’s ACT having its registered
office at _______________________ ("Company"). PLEASE COMPLETE

ACKNOWLEDGES THAT:

A Axens, a company organized as a "Société Anonyme" under French laws having its registered office at
89 boulevard Franklin Roosevelt, 92500 Rueil-Malmaison, France ("Licensor") is an affiliate of IFP
Energies nouvelles (“IFPEN”) and possesses certain license rights and valuable know-how related to the
IOCL Gujarat Refinery LuPech (J-18) process(es) (the “Process(es)”) originally developed by IFPEN
(the “Partner”); and

B For the IOCL Gujarat Refinery (the “Project”), LuPech (J-18) with a place of business at IOCL Gujarat
Refinery, Vadodara, India (“Owner”) has executed a PDP contract with Licensor for the supply of
process design package necessary for the construction, operation and maintenance of a Process unit
located at GDS(“Units)”) which PDP contract contains strict confidentiality and restricted use
provisions; and
C Company has been selected by Owner to perform all or part of the detailed engineering, procurement
and construction work required by the Process(es) for the implementation of the Project (the “Purpose”)
and in connection with the Purpose, Company desires to have access to information of Licensor and/or
Partner; and

D Licensor’s and Partner’s information that will be disclosed to Company is proprietary, non-public and
confidential and its disclosure other than for the strict requirements of the Purpose would cause material
harm to Licensor and Partner.

NOW THEREFORE CONTRACTOR AGREES TO COMPLY WITH THE FOLLOWING

UNDERTAKINGS AND MAKES THE REPRESENTATIONS, WARRANTIES AND COVENANTS
ACCORDING TO THE PROVISIONS HEREAFTER:

1 Disclosure of information. Licensor will provide, at its sole discretion, directly or indirectly, to Company
the Confidential Information as defined in article 2 hereunder.

2 Confidential Information. The term Confidential Information shall mean individually, or collectively, all
information, whether, technical, commercial, or otherwise, whether written or oral, provided, directly or
indirectly, by Licensor to Company under this Undertaking, or which Company might acquire or
discover during visits to facilities of Licensor, Owner, Partner or third parties where such information is
designed or exploited, or during discussions with Licensor and/or Owner and/or Partner, together with
all analyses, compilations, forecasts, studies, products or other documents that contain or otherwise
reflect such information.

3 Restrictions on Disclosure and Use of the Confidential Information. Company irrevocably undertakes
and covenants, during the Term provided for in Section 12 here below, that any Confidential Information
received hereunder shall be kept confidential, shall not, without the prior written consent of Licensor
and Owner, be disclosed by Company, in any manner whatsoever, in whole or in part, and it shall not be

Axens Agreement N°20/9162/A - 61/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Prime G+ Revamp-9162 (002).docx

 used by Company, other than for the Purpose. Moreover, Company shall only disclose the Confidentia l
Information to those of its officers, directors and employees who need to know such Confidential
Information for the strict requirements of the Purpose, who are informed by Company of the confidential
nature of the Confidential Information and who shall be bound to act in accordance with the terms and
conditions of this Undertaking. Company shall at all-time remain liable for such officers, directors and
employees. Company irrevocably undertakes and covenants not to reverse engineer any part of the
Licensor Confidential Information nor use such Licensor Confidential Information to enhance or modify
any process, products or services.

4 Ownership of Confidential Information. Company hereby agrees that the Confidential Information
disclosed hereunder is and will remain the property of Licensor and/or Partner, and that drawings or
other written, printed or electronic data included therein are not to be copied or reproduced, mechanically
or otherwise, without the express prior permission of Licensor, except for such copies that Company
reasonably requires for the Purpose.

5 Non-Confidential Information. The term “Confidential Information” shall not include such information
provided hereunder that Company can prove:

a) was, at the time of disclosure, in the public domain or which subsequently enters the public
domain through no act or failure to act by Company; or

b) was developed by or was in the possession of Company prior to being provided to Company by
Licensor, or on its behalf, provided that the source of such Confidential Information was
authorized to disclose the Confidential Information to Company by a legal, contractual or
fiduciary obligation to Licensor; or

c) was or became available to Company on a non-confidential basis from a third party that was
authorized to disclose the Confidential Information to Company by a legal, contractual or
fiduciary obligation to Licensor.

6 Specific disclosures of information made by Licensor under this Agreement shall not be deemed to be
subject to any of the exceptions of article 5 above, merely because the specific information is embraced
by more general information in the public domain or developed by or in the possession of Company or
received from an authorised third party. Any combination of features disclosed under this Agreement
shall not be deemed to be subject to any of the exceptions of article 5 above, merely because individual
features of the disclosed information are in the public domain, or developed by or in the possession of
Company or received from an authorised third party, unless the combination itself, its principle of
operation and method of use are in the public domain, were developed by or were in the possession of
Company or were received from an authorised third party. Even if any Confidential Information falls
within the foregoing exceptions, Company shall not disclose the correlation existing between such
information acquired from another source and as originating with Licensor.

7 Third-Party Disclosure. Notwithstanding the restrictions on disclosure contained in this Undertaking,

but only to the extent strictly necessary for the Purpose, Company may disclose part of the Confidential
Information exclusively to the following third parties, expressly excluding those which are involved in
the licensing of technologies similar to the Processes:

a) the following Affiliates and JV/consortium partners of Company who who need to know such
Confidential Information for the Purpose: Quotation (LIST NAMES, IF ANY, OTHERWISE
DELETE THIS HIGHLIGHTED PORTIONS, or a vendor of commodity equipment or materials ,
a supplier of construction labor, legal or financial advisor, and lenders who will receive only a
minor or non-critical portion, as determined by Licensor in its sole and absolute discretion, of the
Confidential Information, provided that, prior to such disclosure, each of these Affiliates and
JV/consortium partners or entities has signed a non-disclosure agreement or a confidentiality
undertaking with Company containing restrictions on use and disclosure at least equivalent to

Axens Agreement N°20/9162/A - 62/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Prime G+ Revamp-9162 (002).docx

 those contained in this Undertaking. Company shall at all-time remain liable for such Affiliates
and JV/consortium partners or entities; or

b) any other third party, including but not limited to, Owner, any detailed engineering contractor,
technical advisor, shareholder in the Project, who, prior to such disclosure, has signed a non-
disclosure Agreement or an confidentiality undertaking with Licensor containing terms and
conditions consistent with this Undertaking.

c) “Affiliate” in reference to a Party, means any person that directly or indirectly through any one
or more intermediaries, is controlled by or is under common control with any other person. For
the purposes of this definition, “Control” means the ability to direct or cause the direction of the
business affairs and management policies or practices of a person whether through the direct or
indirect ownership of no less than fifty percent (50%) of the equity interests of such person, or by
contract or otherwise.

d) For the avoidance of doubt, none of these third parties shall in turn be awarded the right to disclose
Confidential Information to further recipients and Company has no right to disclose the
Confidential Information to the patent office in any country in any patent application or otherwise.

8 Legally Compelled Disclosure. In the event that Company which is provided with the Confidential
Information pursuant to this Undertaking becomes legally compelled (by oral questions, interrogatories ,
requests for information or documents, subpoena, civil investigative demand or similar process) to
disclose any of the Confidential Information to third parties, Company will provide Licensor and Owner
with prompt notice so that Licensor or Owner as the case may be, may seek a protective order or other
appropriate remedy and/or waive compliance with the provisions of this Undertaking. In any such event,
Company will use its best efforts to ensure that the Confidential Information will be accorded
confidential treatment.

9 Disclaimer. COMPANY ACKNOWLEDGES AND AGREES THAT LICENSOR MAKES NO

REPRESENTATIONS AND EXTENDS NO WARRANTY OR CONDITION, EXPRESS OR
IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER FOR THE
COMPLETENESS, UTILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR
THE PURPOSE OF ANY CONFIDENTIAL INFORMATION. OR THE FREEDOM FROM
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY ANY USE OF
CONFIDENTIAL INFORMATION; OR IN ANY OTHER RESPECT OF THE CONFIDENTIAL
INFORMATION. LICENSOR, ITS AFFILIATES AND PARTNER ARE NOT LIABLE IN ANY
WAY FOR ANY LOSS, DAMAGES OR EXPENSES ARISING FROM OR IN CONNECTION WITH
THE USE OF CONFIDENTIAL INFORMATION OR ANY ALLEGATION THAT SUCH USE
INFRINGES ANY INTELLECTUAL PROPERTY RIGHT.

10 Equitable Relief. Notwithstanding the provisions of article Error! Reference source not found., Company
acknowledges that remedies at law may be inadequate to protect against breach of this Undertaking and
agrees in advance, without prejudice to any rights to judicial relief Licensor may otherwise have, to the
seeking of equitable relief, including an injunction and specific performance.

11 Destruction or Return of Confidential Information.

a) Upon completion of the Purpose by Company or should Owner decide not to proceed with the
Company in relation to or for the Project, or should Owner decide not to build the Unit, or at any
time upon Licensor giving written notice, whichever occurs first, and unless required to be
returned by Licensor, Company will destroy all of the Confidential Information in Company's
possession (including, all originals, and all copies and derivations therefrom, in any medium);
provided, however, that Company may retain :
(i) electronic copies generated automatically as a matter of routine back-up in the Company
IT system which may be retained for the period it normally archives backed-up computer

Axens Agreement N°20/9162/A - 63/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Prime G+ Revamp-9162 (002).docx

 records, which copies shall not be accessed by Company during such period of archival or
back-up storage other than as might be permitted herein, and
(ii) one confidential file copy retained for the sole purpose of administering Company´s
obligations hereunder;
provided that in each case any such retained Confidential Information shall remain subject to the
confidentiality, limited use and other terms of this Undertaking. If requested by Licensor, an
appropriate officer of Company will certify that all the provisions of this article 11 have been
fully complied with. The destruction or return of any Confidential Information will not diminish
or otherwise affect any other Company’s obligations under this Agreement.

b) Should Owner decide to proceed with the Company in relation to or for the Project, this
Agreement shall continue to apply to any Confidential Information which Company may then
receive for the Project.

12 Term. This Undertaking shall become effective as from its date of signature by Company (“Effective
Date”). Company's confidentiality and restricted use obligations under this Undertaking shall terminate
25 (twenty-five) years after the Effective Date.

13 No License. Nothing in this Undertaking shall be construed as granting Company a license, an option on
a license or any right to operate under any patent, technology or know-how which Licensor may, now
or hereafter, have the right to license.

14 Governing Language. The governing language of this Undertaking shall be English.

15 Governing Law. This Undertaking and any dispute arising out of or in connection with it, its subject
matter or its formation, shall be governed by and construed and enforced in accordance with the laws of
France, without reference to conflict of law principles.

16 Dispute resolution. Company shall endeavor to solve amicably with Licensor any dispute arising out of
or relating to this Undertaking, including any issue regarding its existence, validity or termination. Any
claim made by Company which cannot be solved through this amicable process shall be exclusively and
finally settled by the competent Courts of Paris, France.

17 Binding Undertakings and Third Party Rights. The rights and obligations of this Undertaking shall inure
to the benefit of, and will be binding upon Company’s and Licensor’s successors and permitted assigns.
Company further agrees that Owner having a direct interest in the Project and in this Undertaking, it
shall be entitled to the benefit of and to enforce the terms of this Undertaking.

18 Assignment. This Undertaking is not assignable in whole or in part by Company without the previous
written consent of Licensor.

19 Ethics and Compliance. Company hereby acknowledges, understands and warrants that it shall always
act in accordance with any and all laws (especially the 2010 UK Bribery Act, the United States Foreign
Corrupt Practices Act of 1977, the Loi Sapin II or other similar legislation in any applicable jurisdiction),
treaties, conventions (in particular Organization for Economic Cooperation and Development (OECD)
convention on Combating Bribery of Foreign Public Officials in International Business Transactions)
and rules applicable to itself concerning but not limited to fair competition, prevention of corruption,
gifts and benefits, conflicts of interest, prohibition of discrimination, respect of privacy and protection
of personal data and environment. The Company hereby represents and warrants that none of its
affiliates, directors or officers is currently included on the list of targeted persons pursuant to any
applicable laws imposing economic sanctions and trade restrictions and that it will not directly or
indirectly make any Confidential Information available to any targeted persons. Legal entities and/or
persons listed

Axens Agreement N°20/9162/A - 64/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Prime G+ Revamp-9162 (002).docx

 as permitted recipients of the Confidential Information shall only be considered as such if they are not
targeted persons. 20 Undertaking signature.

a) Each natural person signing this Undertaking, be it by hand or by using a digital signature, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Undertaking as representative of the Company and take full legal liability should the lack of
representative capacity be invoked.

b) Company represents and warrants to Licensor that the execution and delivery of this Undertaking and
its performance have been duly authorized and that this Undertaking is a valid and legal Undertaking
binding on Company in accordance with its terms.

c) Digital Signature : Company expressly agree that this Undertaking may be signed by the legal
representatives of Company or its proxies thereof, by hand or by using the DocuSign digital signature
initiated by Licensor (or any other digital signature process that may be proposed by Company which
authenticates the signatory’s identity with a digital certificate). Each Party will receive a digital signature
certificate admissible in Court, with a complete digital traceability system to confirm the validity of the
signature of this Undertaking.

d) Irrespective of the method chosen by Company for the signature of this Undertaking, Company expressly
agrees that all copies of this Undertaking (in hard copy or digital format, on paper – signed by hand or
digitally) have the same force of evidence and that signature digital method is as conclusive of the
Company’s intention to be bound by this Undertaking as if signed by Company's handwritten signature.

AGREED AND ACCEPTED

FOR AND ON BEHALF OF _( PLEASE COMPLETE WITH COMPANY’S LEGAL NAME )____

By

Signature of officially authorized signatory

Printed Name: ______________ PLEASE COMPLETE ___________________

Printed Title: ______________ PLEASE COMPLETE ___________

Email: ______________ PLEASE COMPLETE __________

Date: _______________________________________

Axens Agreement N°20/9162/A - 65/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Prime G+ Revamp-9162 (002).docx

 Signature Not Verified
Digitally signed by K VENKATARAMAN
Date: 2021.11.10 16:49:55 IST
Location:
Axens Agreement N°20/9162/A - 66/69 - oto20071g (clean)-CT23788-PBSA-IOCL-Gujarat- Indian
Prime Oil Corporation
G+ Revamp-9162 (002).docx Ltd-IOCL