TENDER NO: 3000009328 PROCUREMENT OF TRANSFORMER OIL AS PER SPECIFICATION ATTACHED 1. Bid Evaluation Criteria: The bidder shall comply with the technical specification & scope of work given in the tender in toto. MRPL intends to award the order on techno commercially accepted bidder on overall L-1 basis i.e. least landed cost basis to MRPL 2. Rejection Criteria The Bids Will Be Rejected if The bids received after the due date / time of bid submission. Techno Commercial offer without Tender Fee / EMD. However, PSU s / firms registered with NSIC / MSE (Micro & Small) vendors registered with District Industries Center (DIC) for indented item / supplies are exempted from submission of Tender Fee / EMD. Such bidder needs to submit relevant document along with technical bid of tender. Non adherence to technical / commercial terms and incomplete bids and bids in deviation to tender conditions will be liable for rejection. 1
GENERAL TERMS & CONDITIONS [GTC] 1. Vendor shall submit bids in two parts as mentioned below (a) Technical Bid shall consist of Un priced bid with commercial conditions, Technical specifications /Details, Earnest Money Deposit (b) Price Bid shall consist of only the Price Part. Bids without EMD and Technical Bid containing Price or Price bids submitted along with Technical bid will be summarily rejected, without further referring to the Bidder. 2. Address to forward EMD: Group General Manager (Materials), Mangalore Refinery and Petrochemicals Ltd., Post Kuthethoor, Via Katipalla Mangalore-575030 (India) 3. Security Deposit (SD): The successful bidder shall submit a Security deposit of 5% of the basic order value for satisfactory execution of the order by way of a Demand Draft drawn in favour of M/s. Mangalore Refinery and Petrochemicals Limited, payable at Mangalore. Bank guarantees shall also be accepted in place of Demand Draft. The security deposit shall be forfeited in case the vendor fails to execute the order as per the tender conditions. The vendor shall submit the above security deposit within two weeks from the date of receipt of official order. The vendor shall confirm his acceptance of security deposit at the time of submitting the offer as per tender conditions. Offers without confirmation of security deposit will be summarily rejected. BG should be valid for 180 days. BG shall be returned to vendor after completion of supply and acceptance of material as per order. 4. Term of Payment: Supply : 100% within 15 days after receipt subject to acceptance of material at MRPL. Service : 100% after successful completion of job (in case service) The financial settlement of vendor s Invoice is liable to be withheld in the event the Vendor has not complied with submission of drawing, date, and such documentation as called for in Order and /or as required otherwise 5. Liquidated Damage (LD) Clause: Liquidated Damages (LD) will be applicable @ 0.5% of the contract/purchase Order per week or part thereof for delay in supplies subject to a maximum ceiling of 5% of Purchase Order/contract value. LD will be imposed on the cost of contract price of delayed supplies, except however, where, in the judgment of MRPL the supply of partial quantity does not fulfill the operating need, LD will be imposed on full value of the Purchase Order. 6. Purchase/Price Preference Owner/ Consultant reserves the right to allow purchase preference to Purchase Price preference to SSI units registered with NSIC as admissible under the existing policies of the government of India. 2
Situations where preference not granted to Small scale Units, to make the grant of price preference more meaningful, price preference should be accorded on the tender-to-tender basis. The question of granting price preference will not arise in the following situation. Where the Small Scale Unit had succeeded in securing order for same items, in completion (i. e. without price preference) with the large-scale unit during the preceding 12 months. For this purpose the SSI Unit will be required to give a declaration in writing in case they have obtained order on the above lines. Where Small Scale Unit is lowest for some items without price preference and lowest for other items with price preference (in such case, order for items where SSI is lowest with price preference will be placed only if SSI matches the rates with lowest delivered rates for those items.) Where competition is amongst Small Scale Units alone. Where the items are exclusively reserved for purchase from small scale Units. Where tender are received from both Small Scale and Large Scale Units and the lowest offer is from the Small scale Unit and its capacity is more than sufficient to meet the requirement. Where the value of the tender exceeds the value limit given in the certificate produced by the SSI Unit or where the certificate does not cover the commodity tender. Since MRPL-ONGC is a PSU Co, it is entitled to DGS & D Rates. If vendor s product is registered with DGS & D, he cannot quote more than DGS & D Rates. 7. All tenderers are required to read these conditions carefully and return one set duly signed by them as token of having read, understood and accepted the conditions, along with information called for by MRPL. 8. RISK PURCHASE CLAUSE: In the event of Contractor not meeting the indents placed by the Company with in the stipulated time, then Company would be free to use the services of any others and recover the difference in such services and additional expenses incurred by the Company from the Contractor. 9. CANCELLATION / TERMINATION OF CONTRACT/PURCHASE ORDER In the event of an order, the Owner reserves the right to cancel the Order or any part there of and shall be entitled to rescind the contract wholly or in a written notice to the vendor if: i. Specified delivery schedule is not adhered to beyond 3 moths from due date unless specifically requested by the user. ii. Laid down specifications are not adhered to or when the performance of the contract is unsatisfactory iii. Major contractual term and conditions are violated insolvency of the supplier. Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Order and matters connected with it. The Owner in that event will be entitled to procure the requirement in the open market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor's reserving to itself the right to forfeit the security deposit, if any made by the Vendor against the contract. The vendor is aware that the Owner requires the said goods for the ultimate purpose of materials production and that non-delivery may cause loss of production and consequently loss of profit to the Owner. In this event of the Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the Vendor shall pay to the Owner the fair compensation to be agreed upon between the Owner and the Vendor. The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of clause Delayed Delivery as aforesaid. 3
10. NON ASSIGNMENT The Vendor shall not assign the Purchase Order to any other agency without obtaining prior written consent of Owner. 11. ARBITRATION Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties are unable to settle mutually, the same shall be referred to arbitration as provided hereunder: 1. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days notice to the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal. 2. The number of the arbitrators and the appointing authority will be as under: Claim amount (excluding claim for interest and counter claim, if any) Number arbitrator Up to Rs. 5 crore Sole Arbitrator MD, MRPL Above Rs. 5 crore 3 Arbitrators of Appointing authority One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. 3. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause. 4. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of MRPL and / or is a retired officer of MRPL / any PSU. However, neither party shall appoint its serving employee as arbitrator. 5. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party /arbitrators to appoint to another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo. 6. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interest made by any party shall be void. 4
7. The arbitral tribunal shall make and publish the award within time stipulated as under: Amount of Claims and Counter Claims (excluding interest) Up to Rs. 5 crore Above Rs. 5 crore Period for making and publishing of award (counted from the date of first meeting of the arbitrators ): Within 8 months Within 12 months The above time limit can be extended by the arbitrator, for reasons to be recorded in writing, with the consent of the parties. 8. Each party shall be responsible to make arrangements for the travel and stay etc., of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel / stay arrangement for Presiding Arbitrator and the expenses incurred shall be shared equally by the parties. In case of sole arbitrator, MRPL shall make all necessary arrangements for his travel / stay and the expenses incurred shall be shared equally by the parties. 9. The Arbitration shall be held at the place from where the contract has been awarded. However, parties to the contract can agree for a different place for the convenience of all concerned. 10. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the parties. 11. Subject to aforesaid, provisions of the Arbitration and conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause. Arbitration Clause applicable in case of Purchase Orders/ Contracts on Public Sector Enterprises 12. JURISDICTION: In the event of any dispute or difference relating to, arising from or connected with the contract, such dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Government of India, In charge of Bureau of Public Enterprises. The Arbitration and conciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside on revision of award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/ Additional Secretary, when so authorized by Law Secretary, whose decision shall bind the parties finally and conclusively. The parties in the dispute will share equally the cost of arbitration as intimated by the Arbitrator. The Purchase Order, including all matters connected with this Purchase Order shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at the place from where the Purchase Order has been placed. Foreign companies, operating in India or entering into Joint ventures in India, Shall have to obey 5
13. Indemnities the law of the Land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way. The seller shall indemnify the purchaser against all third party claims of infringement of patent, trademark, copyrights, or industrial designs rights arising from use of the goods or any part thereof. 14. Earnest Money Deposit (EMD) - An EMD(If applicable) of Rs. 38600/- (Rupees Thirty Eight Thousand Six Hundred Only) by way of BG or DD drawn in favour of MRPL, Mangalore to be sent directly to Sr. Manager(Materials), Material department, post Kuthethoor, Mangalore 575030 before bid closing date and time. For unsuccessful vendors, the EMD will be refunded within 10 (ten) days of finalization of tender. For successful bidder EMD shall be released once Security Deposit is submitted. EMD will be forfeited in case of: i. Failure of the bidder to honor their offer. ii. Withdraw their offer before expiry of validity period. iii. Inability to perform satisfactorily after receipt of order in case of successful bidder. No interest is payable on EMD. Firms registered with NSIC are exempted from EMD, for which documentary evidence is to be submitted along with technical bid. EMD for PSU (Public Sector Unit) is exempted. Tender will be summarily rejected under following circumstances Note: 1. EMD submitted in form of cheque. 2. The name of tender mentioned in the BG is different from the tender for which bids have been invited. 3. The firm on whose behalf the BG has been furnished is different from the bidder. 4. The EMD is not of prescribed value. All the Rates given in the Tender must be expressed both in words and in figures and in case of difference between the two, the rates given in words would be final and considered correct. "The item supplied / service provided shall be Environment friendly and Energy efficient." Date format should be DD.MM.YYYY (Date/Month/Year) format. 6
PRICED BID FORMAT (TO BE SUBMITTED IN A SEPARATE SEAL COVER) Sl. Item code Description of items UOM Qty Rate Amount SUPPLY PORTION TRANSFORMER OIL CONFORMING 1 1300017683 TO IS 335/1993 EHV/EKV GRADE AS PER SPEC. LITRE 30000 TOTAL Total value in words: Note : 1 Bid with cutting or use of Whitener will be summarily rejected. 2 In case of difference in number, amount mentioned in words will be considered. 3 Please mention all relevant charges / Taxes as applicable. Date: Signature Name of Person signing Tenderer's Name and address with seal 7
DECLARATION FORM (to be attached with technical bid) VENDORS TO FILL UP : (whatever is applicable) EX WORKS VALUE Rs. XXXXXXXXXXXXXXXX Inspection Charge(By Third Party TUV/ DNV/ LRIS/ BVIS Only) NA Packing & Forwarding charges Excise Duty Education Cess and additional Cess on Excise Duty VAT / CST against C form Service Tax on Services Service Tax On AMC Any other taxes and levis if applicable (Please specify) Total value Rs. XXXXXXXXXXXXXXXX Transportation charges (inclusive of Service Tax) up to MRPL Refinery Site, Mangalore Transit insurance Any other charges (if applicable please specify) MRPL A/ C Grand total Rs. XXXXXXXXXXXXXXXX Setoff value (Cenvat /Vat/Service Tax ) OFFER VALIDITY (90 DAYS) SUPPLY PERIOD INSTALLATION PERIOD COMMISSIONING PERIOD PRICE BASIS NA NA TENDER TERMS SECURITY DEPOSIT² Value Accepted (YES/NO) LIQUIDATED DAMAGES² As Per GTC PAYMENT TERMS² CENVAT will be passed on to MRPL. VAT credit will be passed on to MRPL 8
Note: 1. Fill up all rows. Non entry will be treated as "ACCEPTED/ INCLUSIVE". 2. Deviations with Tender terms may lead to rejection. 3. To pass on Service Tax credit, the Invoice must in the name of MRPL and Service Tax Registration Number must be mentioned in the Invoice. 4. Evaluation shall be done on Landed cost after set-off of CENVAT/VAT as applicable value /Service Tax. In case duties etc. inclusive in basic price, amount for setoff benefit shall be provided. DEVIATION (IF ANY): Place : Date : Name : Designation : Contact No : Mail ID : Signature with Company Seal 9
FORMAT PROFORMA OF BANK GUARANTEE FOR EMD To be executed on Non-Judicial Paper of Rs.100/- (Rs. One hundred only) as per Karnataka Stamp Act. BANK GUARANTEE 1) In consideration of M/s Mangalore Refinery And Petrochemicals Ltd., registered under the Companies Act, 1956, having its Registered Office at Kuthethoor P.O., Via Katipalla, Mangalore-575030, hereinafter called MRPL which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns having invited / floated Tender to Proprietorship / Partnership Firm / Company registered under the Indian Partnership Act, 1932 / the Companies Act, 1956, having its office at, (hereinafter called the Tenderer which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns vide Tender No. dated (hereinafter called the Tender which expression shall include any amendments / alterations to the Tender by MRPL for the supply of goods to / execution of services for MRPL and MRPL having agreed not to insist upon immediate payment of Earnest Money for the fulfillment and the performance of the said Tender in terms thereof on production of an acceptable Bank Guarantee for an amount of Rs. (Rupees only). We, having office at.. and Head Office at. (hereinafter referred to as The Bank which expression shall, unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns at the request and on behalf of the Tenderer hereby agree to pay to MRPL without any demur on first demand an amount not exceeding Rs. (Rupees only) against any loss or damage, costs, charges and expenses caused to or suffered by MRPL by reason of non-performance and non-fulfillment or for any breach on the part of the Tenderer of any of the terms and conditions of the said Tender. 2) We further agree that MRPL shall be the Sole Judge whether the said Tenderer has failed to perform or fulfill the said Tender in Terms thereof or committed breach of any of the terms and conditions of the Tender and the extent of loss, damage, costs, charges and expenses suffered or incurred or would be suffered or would be incurred by MRPL on account thereof. 3) We Bank further agree that the amount demanded by MRPL as such shall be final and binding on the Bank and the Bank undertake to pay to MRPL the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the Tenderer or any suit or other legal proceedings including Arbitration pendings before any Court, Tribunal or Arbitrator relating thereto and our liability under this guarantee being absolute and unconditional. 4) We, Bank, further agree with MRPL that MRPL 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 extend time for the performance by the Tenderer from time to time or to postpone for any time any of the powers exercisable by MRPL against the Tenderer and to forbear to enfore any of the terms and conditions relating to the Tender and we shall not be relieved from our liability by reason of any such variation or extension being granted to the Tenderer or for any forbearance, act or omission on the part of MRPL or any indulgence by MRPL to the Tenderer or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. 5) NOTWITHSTANDING anything herein before contained, our liability under this guarantee is restricted to Rs. (Rupees ). Our liability under this guarantee shall remain in force until expiration of 180* days from the date of opening of the said Tender. Unless a demand or claim under this guarantee is made on us in writing within the said period, that is, on or before * all rights of the Messers under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. 6) We, Bank, further undertake not to revoke this guarantee during its currency except with the previous consent of MRPL in writing. 7) This guarantee shall not be affected by any change in the constitution of the Tenderer or the Bank or MRPL and shall remain in full force and effect until the liabilities of the Bank are discharged by MRPL IN WITNESS WHEREF the Bank has executed this document on this day of 2015. For Bank *Pl. mention/put specific date 10
VENDOR FORM FOR ELECTRONIC FUNDS TRANSFER PAYMENT & TAX DETAILS Please email soft copy of the details in the below format (Excel/ Word file) to mt_materials@mrplindia.com Please use additional copies of this form if your Company has additional Branches/ Divisions dealing with MRPL To: Chief Manager - Materials (ERP) Mangalore Refinery & Petrochemicals Ltd., Kuthethoor P.O., via Katipalla, Mangalore. (Karnataka), Pin Code-575030, INDIA The following is a confirmation/ updation of our bank account details and I/we hereby affirm our choice to opt for payment of amounts due to us under various contracts through electronic mode. 1. Vendor/ Contractor particulars: (i) Name of the Company: (ii) Existing Vendor Code (given by MRPL) (ii) Complete Postal Address: (iii) Pin code/ ZIP code: (iv) Telephone nos. (with country/area codes): (v) Fax No.: (with country/area codes): (vi) Cell phone Nos.: (vii) Contact persons /Designation: (viii) Email IDs: 2.Bank Account Particulars: (i) Name of the Account holder: (ii) Complete Bank Account No. (for Electronic Funds Transfer): (iii) Account type : (iv) Bank Name : (v) Bank Branch: (vi) Bank Branch Contact Nos.: (vii) 11 digit IFS Code (for Bank Branches in India) (viii) Swift Code (for Bank Branches not in India): 3. Tax Registration numbers: *(Please fill in the applicable fields and attach relevant proofs) (i) Income Tax PAN no.: (ii) VAT TIN /Local Tax Registration No.: (iii) State of VAT Registration: (iv) CST Registration No.: (v) Excise Registration No.: (vi) Excise Range: (vii) Excise Division: (viii) Excise Commissionarate: (ix) Service Tax Registration No.: (x) ECC No.: (xi) Central GST No. (if available/ applicable): (xii) Local GST No. (if available/ applicable): 4. Organisational information: (i) Company /Partnership Firm /Proprietory Concern / Society/Trust /NGO/Others (Specify): (ii) Micro Enterprise/Small Enterprise/ Medium Enterprise/ SSI/ Govt. Deptt./ PSU/ Others(Specify): (Refer Micro, Small and Medium Enterprises Development Act, 2006) I/we hereby confirm that the particulars given above are correct and complete and also undertake to advise any future changes to the above details. Name, Seal & Signature of Authorised Signatory Certified that the Particulars as in Sr. No. 2 above are correct as per our records. -------------------------------------- Bank Seal & Signature 11
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