ONGC Petro-additions Limited 1 st Floor, Omkara Building Sai Chokdi, Manjalpur Vadodara , Gujarat.

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1 ONGC Petro-additions Limited 1 st Floor, Omkara Building Sai Chokdi, Manjalpur Vadodara , Gujarat. To, Date: NOTICE INVITING TENDER SUB: REQUEST FOR QUOTATION for supply of Liquid Chlorine for OPaL, Complex (UNDER TWO BID SYSTEMS) Dear Sirs, SEALED TENDERS in DUPLICATE under Two Bid System are invited for Supply Of Liquid Chlorine for OPaL, Complex, in the prescribed bid forms given in the bid documents.the details of the tender are given below. 1. Tender No. 1023C Description of work Procurement of below mentioned Chemical for OPaL Dahej petrochemicals complex as follows : a) Liquid Chlorine 980 TO 3. Type of Tender Open Tender under two bid system 4. Delivery Period Delivery on continuous Basis a) Chlorine As per monthly dispatch instruction 5. Tender Sale Period to Tender Fee Rs 500/- 7. Last date for submission of tender fee 8. Last date for submission of queries 9. Pre Bid Conference Date,Time,Venue 10. Closing date & time for tender submission 11. Date & time of Opening Tender HRS NOT APPLICABLE NOT APPLICABLE 12. a) Techno-commercial bid HRS 1500 HRS 13. b) Price Bid To be intimated later, after evaluation and short- (Sign & Stamp of Bidder) Page 1 of 62

2 14. Earnest Money Deposit in the form of DD or Pay order/bank Guarantee listing of Un-priced techno-contractual Bids. As per Table -I Pt. 8 mentioned below 15. DD/ Pay Order payable to ONGC Petro additions Limited, Vadodara 16. Qualifying and Evaluation criteria As per Bid Evaluation Criteria (Annexure V) 17. Issuing office address Materials Management Department ONGC Petro additions Limited Ground Floor, OMKARA Building, Sai Chokdi, Manjalpur, Vadodara Phone: Fax No: Submission address Materials Management Department ONGC Petro additions Limited Ground Floor, OMKARA Building, Sai Chokdi, Manjalpur, Vadodara Phone: Fax No: Place of Opening of Tender Conference Hall Materials Management Department ONGC Petro additions Limited Ground Floor, OMKARA Building, Sai Chokdi, Manjalpur, Vadodara Phone: Fax No: Bid validity 90 days from the date of opening of bid 21. Validity of Bid security/ 120 days from date of opening of bid EMD 22. Performance Bank Guarantee/ Security Deposit (To be submitted within 15 days from the date of issue of PO Value: 10 % of the Total Purchase Order value Validity: Delivery period + 60 days Notes: 1. Tender is non-transferrable. 2. Two bid systems shall be followed for this tender. 3. Tender documents can be downloaded from ONGC Petro additions Limited website or can be purchased from registered office at above mentioned address against prescribed tender fee during tender sale period during office hours. Those who are downloading tender documents from site have to submit the tender fee in the form of DD/Pay Order/Bankers Cheque before the last date for submission of tender fee as mentioned above. (Sign & Stamp of Bidder) Page 2 of 62

3 Bids of only those bidders who submit the tender fee before due date will be considered by OPaL. 4. Tender fee is non-refundable. 5. OPaL expects the bidder to comply with the tender specification/conditions. OPaL may or may not seek any clarification after opening of the bids. The bidders not complying with the terms & conditions of the tender and offers indicating exceptions/ deviations may be rejected without seeking any clarification. 6. In case of unscheduled holiday in OPaL on any of the above prescribed dates, the next working day will be treated as scheduled/ prescribed date of the corresponding event with time notified remaining the same. 7. OPaL reserves the right to cancel or annul the tender or part thereof, without assigning any reason whatsoever. Tenderers should take due care to submit tenders in accordance with requirement in sealed covers. Offers sent without Bid Bond/Bid Security/ EMD will be rejected straightaway. 8. Bidders are requested to submit bid security/emd for an amount as mentioned below against the chemical items they are quoting in the form of Demand Draft along with their offer. Earnest Money Deposit (EMD) shall also be submitted in First Inner Sealed Cover. (Refer Instruction 16 at Annexure- 1). Table-I Sl. No. CHEMICAL NAME EMD (( ) 1 Liquid Chlorine 21,070 Materials Management OPaL (Sign & Stamp of Bidder) Page 3 of 62

4 ANNEXURE - I INSTRUCTIONS TO BIDDERS A. INTRODUCTION ONGC Petro additions Ltd. (OPaL) is a multi-billion joint venture Company, was incorporated in 2006 with Oil and Natural Gas Corporation Limited (ONGC), Gas Authority of India Limited (GAIL) and Gujarat State Petroleum Corporation Ltd. (GSPCL) as its promoters. OPaL is setting-up a mega Petrochemical project at Dahej Special Economic Zone (SEZ) in Gujarat. The details of the Supplies / Goods, which the Company requires, for which bids are hereby invited, are described in Annexure-III-Scope of Supply. The overall responsibility for the complete scope of work described in Annexure-III will rest with the successful bidder. 1.0 Eligibility and experience of the bidder 1.1 Bidders should meet the Experience, Financial and Registration criteria set forth in the Bidding document as qualifying criteria. 1.2 Bidder should submit supporting documents in the proper format as per BEC. 2.0 Transfer of bidding documents The Bidding document is not transferable. 3.0 Cost of bidding The Bidder shall bear all costs associated with the preparation and submission of its bid, and OPaL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. B. BIDDING DOCUMENT 4.0 Contents Of Bidding Document 4.1. The scope of supply, bidding procedures and Contract terms are described in the bidding document The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents Failure to furnish all information required by the bidding documents will be at the bidder s risk. Tenders not complying with tender conditions and not conforming to tender specifications will result in the rejection of its bid without seeking any clarifications. However, OPaL at its discretion may ask the bidders to comply/ conform within stipulated time as the case may be In addition to the Invitation for Bids, the bidding document includes: (Sign & Stamp of Bidder) Page 4 of 62

5 Annexures Appendix Details ANNEXURE I Instructions to Bidders 4 Appendix 1 Bidding Document Acknowledgement pro 17 forma Appendix 2 Bid submission pro forma 18 Page No Appendix 3 Bidders Past Services (Experience) Pro forma 19 Appendix 4 Pro forma for proposed changes/ modifications sought by Bidders to the Bidding conditions. 20 Appendix 5 Matrix for Techno-commercial Evaluation. 21 Appendix 6 Bid Compliance Statement 27 Appendix 7 Appendix 8 Appendix 9 Pro forma of Bank Guarantee towards Bid Security/ Bid Bond Authorization Letter for attending Tender Opening Pro forma of Certificate on Relative of Directors of OPaL Appendix 10 Check list 33 Appendix 11 Pro forma for Performance Bank Guarantee 36 ANNEXURE II General Terms & Conditions 40 ANNEXURE III Scope of Supply 55 ANNEXURE IV Special Terms and Conditions 56 ANNEXURE V Other Conditions 57 ANNEXURE VI Price Format 60 ANNEXURE VII Bid Evaluation Criteria (BEC) Bid Clarification/ Amendment To Bidding Document 5.1. Bidders who have obtained the bid documents are requested to submit their queries on the tender conditions/ tender specification, if any on or before the stipulated date as mentioned in the NIT in the pro forma at Appendix-4 to ANNEXURE-I to OPaL-Vadodara office or they can submit the same to ranjan.pandey@opalindia.in 5.2. At any time prior to the deadline for submission of bids, the OPaL may, for any reason, whether at its own initiative or in response to clarification(s) requested by prospective bidder(s), may modify the bidding documents by amendment(s) if felt necessary All prospective Bidders who have received the bidding document will be notified of the amendments in writing In order to allow prospective Bidders reasonable time to take the amendments into account in preparing their bids, OPaL may, at its discretion, extend the deadline for the submission of bids (Sign & Stamp of Bidder) Page 5 of 62

6 6.0 Preparation Of Bids 6.1. Language and signing of bid If a Bidder submits or participates in more than one bid, such bids shall be disqualified The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the Bidder and OPaL shall be written in English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the bid, the translation shall prevail Bids shall be submitted in the prescribed bid pro forma duly filled in and signed and should be returned intact In the event of the space on the bid pro forma being insufficient for the required purpose, additional pages may be added. Each such additional page must be numbered consecutively, showing the tender number and should be duly signed. In such cases reference to the additional page(s) must be made in the bid The bid pro forma referred to above, if not returned or if returned but not duly filled in will be liable to result in rejection of the bid The Bidders are advised in their own interest to ensure that all the points brought out in the Matrix for Bid Evaluation at Appendix 5 to ANNEXURE-I are complied with in their bid, failing which the offer is liable to be rejected The bids can only be submitted in the name of the Bidder in whose name the bid documents were issued by OPaL. The bid papers, duly filled in and complete in all respects shall be submitted together with requisite information and ANNEXUREs/ Appendices. It shall be complete and free from ambiguity, change or interlineations The bidder should indicate at the time of quoting against this tender their full postal, fax & addresses & telephone number The Bidder shall sign its bid with the exact name of the firm/company to whom the contract is to be issued. The bid shall be duly signed and sealed by the authorized signatory of the Bidder's organization. The bid should be signed by the following person(s) followed by seal of the firm/company. a) Proprietorship Firm: Proprietor/ Authorized person with Power of Attorney* (duly notarized/ registered) from proprietor. b) Partnership firm: All partners/ any one partner with Power of Attorney* (duly notarized/ registered) duly issued by the partnership firm and signed by all other partners authorizing him to sign the bid on behalf of the partnership firm. c) Private/ Public Company: Authorized signatory of the company. Authorisation needs to be supported by Board Resolution of the Company/Power of Attorney* duly issued by the Company/Articles of Association of the Company. (Sign & Stamp of Bidder) Page 6 of 62

7 Following applicable supporting documents compulsorily needs to be submitted by the company (either notarized/registered) (i) Extract of Board Resolution of the company wherein authorized signatory has been authorized; (ii) Power of Attorney* duly issued by the company authorizing the person concern to sign the Bid; (iii) Extract of Board Resolution of the company wherein resolution for issuance of Power of Attorney has been passed; (iv) Extract of Board Resolution of the company wherein authorized signatory has been empowered to delegate his power to another employee of the company; (v) Relevant Extract of Articles of Association of the company. d) Co-operative society: Chairman/Authorized representative with Power of Attorney* (duly notarized/ registered) duly issued by the Society and signed by authorized members of board. * Power of Attorney (duly notarized/registered) should be typed/printed on a Non-Judicial Stamp paper duly issued in favour of the firm/company/society as the case may be. The bidder shall clearly indicate their legal constitution and the person signing the bid shall state his capacity and also source of his ability to bind the Bidder The Power of Attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, shall be annexed to the bid including but not limited to the certified copy of extract of Board Resolution on the letter head of the Company/ Firm/ Society recording proper authorizing with power to delegate authority, if any, in form of the signatory or another person. OPaL may reject outright any bid not supported by adequate proof of the signatory's authority The Bidder shall have to accept all the terms and conditions as laid down in the bidding document in toto. In case of any deviations from any Tender Conditions, the same must be reflected in Appendix-4 to ANNEXURE-I invariably. However, taking exception/ deviations to any conditions of Bid Evaluation Criteria (ANNEXURE V) will lead to rejection of the tender despite their being reflected in Appendix-4 to ANNEXURE-I Any interlineations, erasures or overwriting shall be valid only if they are initialled by the person or persons signing the bid The complete bid including the prices must be written by the bidders in indelible ink. Bids and or prices written in pencil will be rejected. 7.0 Submission of evaluation matrix Commercial and Technical Evaluation Matrix enclosed along with the tender document as Appendix-5 to ANNEXURE-I is to be replied in Yes/No/Agreed/Not Agreed and filled in with the reference page No. of their technical bid by the bidders. (Sign & Stamp of Bidder) Page 7 of 62

8 Bidder must submit the matrix and confirmation chart duly filled in along with technocommercial bid, failing which their bids are liable to be rejected. 8.0 Clarification in respect of incomplete offers 8.1. OPaL has to finalize its Contract within a limited time schedule. Therefore, OPaL will not seek any clarifications in respect of incomplete offers unless the same if found necessary by OPaL. However, the discretion of OPaL will be considered as final Prospective bidders are advised to ensure that their bids are complete in all respects and conform to OPaL's terms, conditions and bid evaluation criteria of the tender. Bids not complying with OPaL's requirement will be rejected without seeking any clarification. 9.0 Documents Comprising the bid 9.1. The bid prepared by the Bidder shall comprise the following components, duly completed: a) Price scheduled as per the Format at ANNEXURE-IV. b) Documentary evidence establishing i) That the Bidder is eligible to bid and is qualified to perform the Scope of Supply if its bid is accepted. The documentary evidence of the Bidder's qualifications to perform the supply, if its bid is accepted, shall be established to the OPaL's satisfaction: ii) That the Bidder meets all the criteria prescribed in the Bid Evaluation Criteria (BEC) at ANNEXURE-V. c) Documentary evidence that the supply to be completed by the Bidder conform to the requirements of bidding documents. d) Bid security/bid Bond/EMD e) All Appendices of the bidding document duly filled in. f) Bidder with relatives, etc., of Director of OPaL: The bidders are required to certify in prescribed format (Appendix-9 to ANNEXURE-I) whether he/they is/ are relative of any of the Directors of OPaL (in terms of Section 6 & 297 of the Companies Act, 1956 as amended time to time) in any of the ways mentioned in the certificate. It is clarified that any such affirmative certificate shall not, by itself, prejudice to consideration of the bid. This certificate must accompany the bid. g) The complete tender document along with all supportive documents must be selfattested by bidder with stamp and signature on each page Price schedule/format The Bidder shall complete the price formats furnished in the bidding document at ANNEXURE-IV Bid Prices / Bid Currencies a) The bidders shall indicate on the Price Formats furnished in the bidding document at ANNEXURE-IV, prices (rates) in Indian Rupees (INR) Only. Prices quoted in any other currency shall not be considered. (Sign & Stamp of Bidder) Page 8 of 62

9 b) Prices quoted by the bidder shall be firm during the bidder s performance of the Contract and not subject to variation on any account Discount: Bidders are advised not to indicate any separate discount anywhere other than the price bid. Discount, if any, should be merged with the quoted prices. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event of such an offer, without considering discount, is found to be lowest, OPaL shall avail such discount at the time of award of contract Income tax liability The bidder will have to bear all Income Tax liability both corporate and personal tax/ Liability of the personnel deployed by him Payment a) Payment will be made, inter-alia, subject to the terms thereof in the General Terms & Conditions. Payments will be made through Electronic fund transfer/ cheque payment. b) No payment shall become due till supplier submits the requisite documents/ Performance Bank Guarantee and accepts the Purchase Order. c) OPaL will not take any responsibility for delay in transmission of funds by bank due to whatsoever reasons. d) The bidder must provide his/its correct particulars, viz. their Account number, PAN number, Service tax registration number etc., to enable the OPaL s bank to put through the correct transaction Vague and indefinite expressions Bids qualified by vague and indefinite expressions such as "Subject to availability", etc., will not be considered Period of validity of bids The Bid shall be valid for acceptance for the period as indicated in the "Notice Inviting Tender" (hereinafter referred to as validity period) and shall not be withdrawn on or after the opening of bids till the expiration of the validity period or any extension agreed thereof. In exceptional circumstances, prior to expiry of the original bid validity period, OPaL may request the bidder for a specified extension in the period of validity. The requests and the responses shall be made in writing. The Bidder will undertake not to vary/modify the bid during the validity period or any extension agreed thereof. Bidder agreeing to the request for extension of validity of offer shall be required to extend the validity of Bid Security correspondingly Pre-bid Conference ( Not Applicable in this case) (Sign & Stamp of Bidder) Page 9 of 62

10 15.1. In order to avoid clarification/confirmation after opening of bids, wherever specifically mentioned in NIT, Pre-bid conference shall be held so as to provide an opportunity to the participating bidders to interact with OPAL with regard to various tender provision/tender specification, before the bids are submitted. In case, due to the points/doubts raised by the prospective bidders, any specific term & condition (which is not a part of standard terms and conditions of tender ) needs to be mentioned, then the same will be considered for modification After pre-bid conference, the specifications & other tender conditions will be frozen. No change in specifications & tender conditions will be permissible after bid opening. All the bidders must ensure that their bid is complete in all respects and conforms to the tender terms and conditions, BEC and the tender specifications in toto failing which their bids are liable to be rejected without seeking any clarifications on any exception/deviation taken by the bidder in their bid Bidders should depute their authorized representative who should be competent to take on the spot decisions. The pre-bid clarification meeting will be held on date XX/XX/2017, 14:00hrs at the following address: ONGC Petro additions Limited 1 st Floor, OMKARA Building Sai Chokdi, Manjalpur Vadodara All the pre-bid queries shall be communicated to OPaL latest by date XX/XX/2017 and the copy of pre-bid queries should be marked at ID: ranjan.pandey@opalindia.in Clarification, if any, can be obtained from: 16.0 Bid Security Head-MM ONGC Petro additions Limited 1 st Floor, OMKARA Building Sai Chokdi, Manjalpur Vadodara The Bid Security is required to protect OPaL against the risk of Bidder's conduct, which would warrant the security s forfeiture in pursuance to Clause The Bidders must enclose bid security for the items according to the table below along with the techno-commercial bid. Sl. No. CHEMICAL NAME EMD ( ) 1 Liquid Chlorine 21,070 (Sign & Stamp of Bidder) Page 10 of 62

11 16.3. The Bid Security shall be acceptable in any of the following forms. a) Bank Draft in favour of ONGC Petro additions Limited payable at Vadodara. b) Bank Guarantee in the prescribed format as per Appendix 7 to ANNEXURE-I, valid for 30 days beyond the date of required validity of offer (i.e. 90 days from date of opening of bid). The bank guarantee will have to be given from the Nationalized/ Scheduled banks, on non-judicial stamp paper as per stamp duty applicable at the place from where the bid has emanated. The non-judicial stamp paper should be in the name of the issuing bank OPaL shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security Offers without Bid Security will be ignored The Bid Security shall be forfeited by OPaL in the following events: a) If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder. b) If Bid is varied or modified in a manner not acceptable to OPaL during the validity period or any extension of the validity duly agreed by the Bidder, or after issue of Purchase order and before submission of Performance Guarantee (PBG) in case of successful bidder. c) If a Bidder, having been notified of the acceptance of its bid, fails to furnish Security Deposit/Performance Bank Guarantee (Performance Security) within 15 days of notification of such acceptance. d) On the occurrence of any other event as stipulated in the bid document. e) Any effort by the Bidder to influence the Company on bid evaluation, bid comparison or award of purchase order decision The OPaL shall, however, arrange to release the Bid Security in respect of unsuccessful bidders within a week after a decision is taken about the award of the purchase order. The Bid Security of successful bidder will be returned on receipt of Bank Guarantee towards Performance Guarantee (Performance Security) Bid security will be considered as a part of PBG till the successful bidder submits the PBG as per the conditions of General Terms & Conditions Bidder should also extend the validity of the bid bond until he furnishes to OPaL a bank guarantee towards a performance guarantee in the event of the bidder becoming a successful bidder Telex/Telegraphic/Telefax/Xerox/Photocopy/ Bids: Telex/Telegraphic/Telefax/Xerox/ /Photocopy bids will not be considered. C. SUBMISSION AND OPENING OF BIDS (Sign & Stamp of Bidder) Page 11 of 62

12 18.0 Sealing and marking of bids Bids are to be submitted in Two Bid System". Offers are to be submitted in duplicate, i.e., one original and one copy. Offers are to be submitted in triple sealed covers The First Inner Sealed Cover will contain techno-commercial bids having all details but with price column blanked out. However a tick mark ( ) shall be provided against each item of the price bid format to indicate that there is a quote against this item in the Priced Bid. Bid security/bid Bond/EMD has to be kept along with the Techno commercial bid. This cover will clearly be super scribed as "Techno commercial bid" along with tender number, date of closing/opening and item description prominently underlined The Second Inner Sealed Cover will contain only the price schedule duly filled in and signed and will be clearly superscripted with "Price Bid" along with tender number The third inner sealed cover should have EMD for the requisite amount clearly be super scribed as "Earnest Money Deposit along with tender number, and amount The above three covers shall be put into an Outer Cover and sealed. Only one bid should be included in one cover. The outer cover should duly bear the tender number, tender description and date of closing/opening prominently underlined, along with the address of OPaL s Office as indicated in Notice Inviting Tenders The outer cover shall indicate the name and complete address of the Bidder to enable the bid to be returned unopened in case it is declared "late" The right to ignore any offer, which fails to comply with the above instructions, is reserved with OPaL Price bids, which remain unopened with OPaL, will be returned to the concerned bidders within 5 (five) working days of receipt of Performance Guarantee Bond(s) from the successful bidder(s) Any change in quotation after opening of the tender WILL NOT BE CONSIDERED OPaL will not be responsible for the loss of tender form or for the delay in postal transit Offers with techno-commercial bid indicating / disclosing prices at any stage before opening of price bid shall be rejected outright Deadline for submission of bids The Bid must be received by OPaL at the address specified in Invitation for Bids not later than 14:00 Hrs. (IST) on the notified date of closing of the tender. Offers sent by hand delivery should be put in the Tender Box at the specified office not later than 14:00 Hrs. (IST) on the specified date. All out-station tenders, if sent by post, should be sent under registered cover or speed post or courier Extension of Bid Submission Date: (Sign & Stamp of Bidder) Page 12 of 62

13 Request for extension of tender submission due date, if any, received from bidders within 72 hours before tender submission due date / time, shall not be considered Late bids Bidders are advised in their own interest to ensure that bid reaches the specified office well before the closing date and time of the bid Any bid received after dead line for submission of bid, will be rejected and returned unopened Modification and withdrawal of bids No bid may be modified after the deadline for submission of bids Opening of bids The bid will be opened at 15:00 Hrs. (IST) on the date of opening indicated in "Notice Inviting Tenders". The Bidder or his authorized representative may be present at the time of opening of bid on the specified date, but a letter in the form enclosed at Appendix 8 to ANNEXURE-I hereto must be forwarded to OPaL office along with bid and a copy of this letter must be produced in the OPaL office by the person attending the opening of bid. Unless this letter is presented by him, he may not be allowed to attend the opening of bid Price commercial bids of shortlisted bidders after evaluation of Techno commercial bid shall be opened at a time and date which will be intimated separately by the OPaL In case of unscheduled holiday on the closing/opening day of bid, the next working day will be treated as scheduled prescribed day of closing/opening of bid; the time notified remaining the same. D. EVALUATION OF BIDS 23.0 Evaluation and comparison of bids Evaluation and comparison of bids will be done as per provisions of Bid Evaluation Criteria at ANNEXURE-V and Price Formats at ANNEXURE-IV Unsolicited Post Tender Modifications: Unsolicited post-tender modification /correspondences will lead to straight away rejection of the offer Examination of bid OPaL will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order. (Sign & Stamp of Bidder) Page 13 of 62

14 25.2. OPaL will determine the conformity of each bid to the bidding documents. Bids falling under the purview of Rejection Criteria of the Bid Evaluation Criteria of the bidding document will be rejected If there is discrepancy in the total price and the sum of sub-total price, then the total price will be corrected to the sum of the sub-total price. If there is any discrepancy in the amount expressed in words and figures, then the amount in words shall prevail Specifications: The Bidder must note that its Bid will be rejected in case the tender stipulations are not complied with strictly or the Goods/Equipment/ Material offered do not conform to the required specifications indicated therein. The lowest Bid will be determined from among those Bids, which are in full conformity with the required specifications Contacting OPaL No bidder shall contact OPaL on any matter relating to its bid, from the time of the opening to the time the Purchase order is awarded Award Of Contract Award criteria: OPaL will award the purchase order to the successful bidder who meets the prescribed bid eligibility and experience criteria and whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid OPaL reserves the right to accept any bid and to reject any or all bids. OPaL reserves the right to reject, accept or prefer any bid and to annul the bidding process and/or reject all bids at any time prior to award of purchase order, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for OPaL s action. The decision by OPaL shall be treated as last and final in this case Purchase Order: Prior to the expiration of the period of bid validity, OPaL will notify the successful bidder in writing that its bid has been accepted The Purchase Order will constitute the formation of the Contract Upon the successful bidder s furnishing performance security pursuant to clause 29.0, OPaL will promptly notify each unsuccessful bidder (as per clause 16.7) and discharge their bid securities OPaL will send the Purchase Order to successful bidder and the successful bidder should return one copy of the purchase order duly signed on each page as a token of acknowledgement of receipt of the Purchase Order PERFORMANCE SECURITY: (Sign & Stamp of Bidder) Page 14 of 62

15 29.1. Within 15 (fifteen) days of the receipt of Purchase Order from the OPaL, the successful Bidder shall furnish the Performance Guarantee as per the details given in General Terms& Conditions Failure of the successful Bidder to comply with the requirement of clause 29.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the OPaL may make the award to the next lowest evaluated bidder or call for new bids at the risks and costs of the successful bidder The Performance Guarantee if not en-cashed will be returned within 60 days of completion of all obligations and discharge of all liabilities of the supplier under the Purchase order CORRESPONDENCE: All correspondence shall bear reference to bid/tender number. All correspondence from Bidders/ bidder shall be made to the following address Head-MM ONGC Petro additions Limited 1st Floor, OMKARA building, Sai Chokdi, Manjalpur, Vadodara Phone: Fax No: REPRESENTATION FROM THE BIDDER: In case any bidder makes any unsolicited communication in any manner after bids have been opened, the bid submitted by the particular bidder shall be summarily rejected, irrespective of the circumstances for such unsolicited communication. Further, if the tender has to be closed because of such rejection, and the job has to be retendered, then the particular bidder shall not be allowed to bid in the re-tender. The above provision will not prevent any bidder from making representation in connection with processing of tender. The representation should be forwarded directly and only to The CEO, OPaL, ONGC Petro additions Limited 1st Floor, OMKARA building, Sai Chokdi, Manjalpur, Vadodara Phone: Fax No: However, if such representation is found by the CEO, OPaL to be un- substantive and/or frivolous and if the tender has to be closed because of the delays/disruptions caused by such representations, and has to be re-tendered, then such bidder will not be allowed to participate in the re-invited tender. In case, any bidder while making such representations to the CEO, OPaL also involves other officials of OPaL and/or solicits/ invokes external intervention other than as may be permitted under the Law and if the tender has to be (Sign & Stamp of Bidder) Page 15 of 62

16 closed because of the delays/ disruptions caused by such interventions and has to be retendered, then the particular bidder will not be allowed to participate in the re-invited tender. ooo (Sign & Stamp of Bidder) Page 16 of 62

17 Appendix-1 to ANNEXURE I BIDDING DOCUMENT ACKNOWLEDGEMENT PRO FORMA Dated: ONGC Petro additions Limited 1 st Floor, Omkara Building Sai Chokdi, Manjalpur, Vadodara Dear Sirs, We hereby acknowledge receipt of a complete set of Bidding Documents consisting of ANNEXUREs (along with their Appendices) enclosed to the "Notice Inviting Tender pertaining to Supply of Liquid Chorine for OPaL, Complex against Tender No. 1023C We have noted that the closing date for receipt of the tender by OPaL is at 14:00 hrs. (IST) and opening at 15:00 hrs. (IST) on the same day. We guarantee that the contents of the above said Bidding Documents will be kept confidential within our organization and text of the said documents shall remain the property of OPaL and that the said documents are to be used only for the purpose intended by OPaL. Our address for further correspondence on this tender will be as under: Fax No: Telephone No: Yours faithfully, PERSONAL ATTENTION OF: (BIDDER) Note: This form should be returned along with offer duly signed. (Sign & Stamp of Bidder) Page 17 of 62

18 Appendix 2 to ANNEXURE I BID SUBMISSION PRO FORMA Tender No: 1023C17012 Bidder s Address: To ONGC Petro additions Limited 1 st Floor, Omkara Building Sai Chokdi, Manjalpur, Vadodara Dear Sirs, 1. I/We hereby offer to provide the supply and the services detailed in schedule hereto or such portion thereof, as you specify in the Acceptance of Tender, at the price given in the said schedule and agree to hold this offer open till. 2. I/We have understood and complied with the "Instructions to Bidders" at ANNEXURE - I, "Bid Evaluation Criteria" at ANNEXURE V and accepted the General Conditions of Contract at ANNEXURE II for providing supply & services and have thoroughly examined and complied with the specifications, Scope of Work at ANNEXURE III, and/or pattern stipulated and am/are fully aware of the nature of the supply &service required and my/ our offer is to provide supply & services strictly in accordance with the requirements. 3. The following pages have been added to and form part of this tender:- Yours faithfully, Signature of Bidder Dated Signature of witness Address Dated Note: This form should be returned along with offer duly signed. (Sign & Stamp of Bidder) Page 18 of 62

19 Appendix-3 to ANNEXURE I BIDDERS PAST SERVICES (EXPERIENCE) PRO FORMA Sr No. Name and address of Client/ organization Date of PO Date of supply Description of Goods supplied Contract Value (Rs.) Work Order/ Purchase order/ successful delivery docs copy with page no in the bid Name & Contact Nos. Of Responsible Person of Client Note: 1. Satisfactory completion certificate from clients to be enclosed along-with this pro forma. 2. Bidder should submit supporting documents to establish that they meet the experience criteria in the form of satisfactory completion of services from the clients and also copy of contracts/ work orders in respect of each work. (Sign & Stamp of Bidder) Page 19 of 62

20 Appendix-4 to ANNEXURE I PROFORMA FOR CHANGES/ MODIFICATIONS SOUGHT BY BIDDERS TO THE BIDDING CONDITIONS OPaL expects the bidders to fully accept the terms and conditions of the bidding documents. However, changes/ modifications to the terms and conditions of bidding documents, if any proposed, can be communicated in the following pro forma in advance to the last date for receipt of queries as mentioned in NIT. Sl. No. 1 Page No. & Clause No. of Bidding Document Existing clause Changes/ modifications proposed by the Bidders Remarks Signature of the Bidder Name Seal of the Bidder s Company (Sign & Stamp of Bidder) Page 20 of 62

21 Appendix-5 to ANNEXURE I Matrix for Techno-Commercial Evaluation The bidders are advised in their own interest to ensure that the following points/aspects in particular have been complied/ confirmed/submitted with their offer failing which the offer is liable to be rejected. Please sign each sheet. The matrix duly filled in must be returned along with the offer. No. Item / Clause Description A. VITAL CRITERIA FOR ACCEPATANCE OF BIDS A.1 Bidders are advised not to take any exception/deviations to the bid document. If exceptions/ deviations are maintained in the bid, such conditional/ non-conforming bids shall not be considered and shall be out rightly rejected. However, during evaluation of bids, Purchaser may at its discretion ask the bidder for clarifications / confirmations/ deficient documents of its bid. The request for clarification and the response shall be writing and no change in the price or substance of the bid shall be sought or permitted. B REJECTION CRITERIA B.1 TECHNICAL REJECTION CRITERIA a b c The following vital technical conditions shall be strictly complied, failing which the bid will be rejected: Bid should be complete in all aspects covering entire scope of job/supply and should conform to the technical specifications indicated in the bid document, duly supported with technical catalogues/ literatures, wherever applicable. Incomplete and nonconforming bids will be rejected outright. Technical specification given in the tender documents will be the sole criteria for acceptance/rejection of the bid against this tender. Any deviation from the specification will not be acceptable and the bid will be rejected. Bidder must submit a copy of Material safety Data Sheet along with the bid and Laboratory test report and certificate of Analysis of the quoted chemical at the time of supply. d OPaL has right to analyse the material at the time of receiving and full authority to reject it if not suited to full fill the requirement without any explanation. 2. Eligibility & Experience Criteria a) Eligibility: Bidder s response (Yes/ No) Reference to attachments and page no. (Sign & Stamp of Bidder) Page 21 of 62

22 2.1 For Liquid Chlorine : Bidder should be a supplier/manufacture of Chlorine In case, bidder is an manufacturer it must submit valid notarized documentary evidence for being a manufacturer [i.e, Company registration certificate / ISO certificate / Excise Registration Certificate / Certificate issued by Statutory Authority / NSIC Certificate or equivalent certificate] and in cases bidder is an Authorized distributor / dealer, valid notarized distributorship / dealership certificate issued by the manufacturer along with the proof of principle being a manufacturer. b) Experience Criteria: 2.3 For Liquid Chlorine The bidder should be supplier/ manufacturer of Liquid Chlorine. The bidder must have supplied minimum 784 Nos Liquid Chlorine Tonner (900 Kg) against one single contract or minimum 490 Nos Liquid Chlorine Tonner (900 Kg) through two contracts/purchase orders or 392 Nos of Liquid Chlorine Tonner (900 Kg) through three contracts /purchase orders in any of the preceding Five years prior to final due date of bid submission. Bidder is required to submit copy of Purchase Order and proof of its execution (proof of execution may include any one of execution certificate issued from purchaser / invoice & proof of its payment / inspection note etc.) clearly having the reference no. of PO qty. executed and actual date of execution, towards proof of meeting this BEC. Documentation: The bidder shall submit documentary evidence in support of meeting the BEC. All supporting documents submitted by the bidder as evidence of meeting BEC shall be duly notarized by notary public. 2.5 Bidders should have the required facilities for testing the quoted material as per International standards at their premises and also agree to inspection by OPaL or any other agency nominated by OPaL. In case the bidder is not a manufacturer, a certificate from the manufacturer to the effect that the manufacturer possesses the required facilities for testing the quoted equipment/material should be enclosed along with the techno-commercial bid. 2.6 OPaL reserves the right to inspect / test the material at destination on receipt and such results shall be final and binding on the supplier. Bidders taking exception to destination sampling, testing and free replacement on freight prepaid basis if found substandard on testing at destination will be rejected. B.2 COMMERCIAL REJECTION CRITERIA: The following vital commercial conditions should be strictly compiled with in toto, failing which the bid will be rejected. 1 Proof of issue of bid document: The bid should be submitted in the name of the bidder only to whom the tender document has been issued. (Sign & Stamp of Bidder) Page 22 of 62

23 Bidder to return the complete set of tender documents in original duly filled in and signed and stamped on all pages. 2 Bid should be submitted in Two Bid system in two separate envelopes. Envelope 1: "Bid Security/ EMD" The First Inner Sealed Cover will contain Bid Security/ Bid Bond/ EMD or documentary evidence in case of exemption from payment of bid security as per provisions of the tender. Envelope 2: "Prequalification bid" The Second Inner Sealed Cover will contain Prequalification bids having all details but with price columns of the Price Format(s) blanked out. However a tick mark ( ) shall be provided against each items of the Price Format to indicate that there is a quote against these items in the Price Bid. Envelope 3: "Price Bid" The Price Bid shall contain only the prices duly filled in as per the Price Format(s) at Appendix V. 2 Acceptance of terms & conditions: 2.1 The bidder must confirm unconditional acceptance of General Terms & Conditions at Annexure-II, Instruction to Bidders at Annexure-I, and Scope of supply at Annexure-III. For this purpose he shall submit the entire tender documents duly signed and stamped along with offer as a token of having accepted all the clauses of tender 2.2 Bidder must confirm unconditional acceptance of liquidated damages/failure to perform as given in General terms and conditions. 3 Offers of following kinds will be rejected: a) Offers made without EMD/Bid Security/ Bid Bond along with the offer in a separate envelope. b) Offers made by Agents / Consultants / Retainers / Representatives /Associates of foreign principals. c) Fax/ / Xerox/ Photo copy offers. d) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of Bid. e) Offers which do not conform to OPaL s price format. f) Offers which do not conform to delivery period as per the bid document. g) Offers where prices are not firm during the entire duration of the agreement and/or with any qualifications. 4 Taxes & Duties The project falls under the SEZ notified area. The project is exempted from payment of Custom Duty, Excise Duty, Works (Sign & Stamp of Bidder) Page 23 of 62

24 Contract Tax, and Sales Tax/VAT. The contract price is exclusive of these taxes and duties payable directly in India by the Contractor to Govt. but inclusive of taxes and duties payable by contractor to their Vendors/sub-contractors for supplies/ services for the services, Income Tax/ withholding tax, insurance and other costs. The contract price is also exclusive of service tax payable directly by the contractor to Govt. but inclusive of service tax payable by their subcontractors/vendors. However, Bidder is required to ascertain themselves, the prevailing rates of Taxes & duties as applicable in Dahej SEZ on the scheduled date of submission of Price Bids/revised Price Bids (if any) and the Company would not undertake any responsibility whatsoever in this regard. In case, the exemptions applicable for the Project under the SEZ area are withdrawn for any or all of the above mentioned taxes and duties subsequent to date of submission of the bid but before the scheduled completion date under the contract, the liability arising out of withdrawal of any or all these taxes and duties shall be regulated by clause of Change in Law of GTC of Purchase Order. The Supplier shall avail all concessions/ exemptions available for the SEZ Project. The Company upon request from the Contractor along with necessary details provides recommendatory letters, if required, in the prescribed Performa for availing the concessions/ exemptions. The responsibility of availing the concessions/ exemptions will be that of the Supplier. 5 CENVAT benefit The project falls under the SEZ notified area. The Project is exempted from levy of customs duty, excise duty and service tax. In case of withdrawal of exemptions for these taxes & duties, OPaL shall intend to avail CENVAT benefits on capital goods, raw materials as well as services incorporated in the Works and the Contractor shall comply with all the requirements for availing CENVAT benefits by OPaL, before claiming reimbursement of such taxes & duties paid by the Contractor. C Price Evaluation Criteria: Total DAP OPaL Dahej amount (Inclusive of freight, in transit insurance, P&F charges) for the respective chemicals as per Scope of Supply as indicated in Price Bid Format of the bidding document including addendum(s), if any, shall be taken for the purpose of evaluation. Price Evaluation of the offers will be done on the basis of below mentioned formula. OPaL will award the purchase order to the successful bidder who meets the prescribed bid eligibility and experience criteria and whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid based on the below formula: D = (A * (980 Total Qty. Req.) + (B * 60 days) + (C* 980 Total Qty. Req.) (Sign & Stamp of Bidder) Page 24 of 62

25 D A = Rate per MT B = Rental per Day /Tonner in case of delay C = Freight, In transit insurance, P&F charges per MT inclusive of empty tonner return charges D = Final price for the purpose of evaluation Evaluation of the price bids of technically qualified bidders will be done and lowest landed rate based on above formula shall be taken as L-1 price and next lowest as L-2 price and so on. In order to finalize the contract with 2 suppliers, the distribution of quantities shall be done as under: One bidder is L-1 as per original offers: Contract may be issued to two suppliers in the ratio of 60:40, i.e. L-1 bidder will get 60% of the total tender quantity and L-2 will be asked to match the price of L-1 and will be awarded remaining 40% of the total tender quantity on L-1 Price. However, in case L-2 bidder does not agree to match L-1 rates, possibility will be explored with next/higher bidders to match evaluated L-1 rates so as to be in a position to select two (2) sources for award of contract. If L-2 bidder or next higher bidders does not agree to the L-1 rates then 100% of the quantity will be awarded to the L-1 bidder. Further, in case more than one bidder is tied up at one position, then shortlisting of bidders will be done using following tie-breaker criteria i.e. the priority will be given to the bidders who have got the higher average turnover for previous two financial years. GENERAL CRITERIA i. No advance payment shall be made to bidder. Bidder asking for advance payment will not be considered. ii. This tender is governed by the terms and conditions given in the bid document. Bidder should avoid submitting their offers with their own terms and conditions. iii. Incomplete, incorrect, conditional or vague tenders will not be entertained and shall be liable to be rejected. iv. OPaL may reject/accept or prefer any tender without assigning any reason whatsoever. v. Prospective bidders are advised to ensure that their bids are complete in all respects and conform to OPaL's terms, conditions and bid evaluation criteria of the tender. Bids not complying with OPaL's requirement will be rejected without seeking any clarification. However, OPaL at its discretion may ask the Bidders to confirm compliance / provide deficient documents within the specified time before opening of the Price Bid. vi. Any other point, which arises at the time of evaluation, will be decided by OPaL, under intimation to the bidders. vii. Unsolicited clarification to the offer and /or changes in price during its validity period would render the bid liable for outright rejection. (Sign & Stamp of Bidder) Page 25 of 62

26 viii. The BEC supersedes all other similar clauses operating anywhere in the bid documents. Signature of Authorised Signatory (Sign & Stamp of Bidder) Page 26 of 62

27 Appendix 6 to ANNEXURE I BID COMPLIANCE STATEMENT CERTIFICATE OF SUBMISSION OF TECHNO-CONTRACTUAL COMPLIANT BID Bidder confirms that all the technical & contractual doubts/clarifications with regards to terms & conditions of bid documents have been discussed/ settled. A techno-contractually compliant bid to the bidding document issued against tender No. 1023C17012 with no exception/ deviations whatsoever has been submitted. In case OPaL finds that bidder has taken any deviation/ exception to OPaL s bidding document, the bid will be rejected out-rightly and the bidder shall have no right to make any representation against rejection of its tender. Any representation against rejection of bid shall be summarily rejected. Signature of Authorised Signatory Seal of the Bidder s company. (Sign & Stamp of Bidder) Page 27 of 62