Tender Document - 1 - 2 - 3 PDF

CENTRAL PROCUREMENT ORGANIZATION (MKTG)
BHARAT PETROLEUM CORPORATION LIMITED

‘A’ INSTALLATION, SEWREE FORT ROAD
SEWREE (E), MUMBAI - 400 015
PRESS TENDER
TENDER FOR SUPPLY OF GOLD MEDALLIONS TO

VARIOUS LOCATIONS
CRFQ NO.: 1000243072
DUE ON: 20/11/15 AT 1500 HRS

CRFQ: 1000243072 30th October, 2015
M/s.
Dear Sir/Madam,
Subject: Invitation of tender for the sale and delivery of 2222 nos. of Gold
Medallions of various denominations aggregating to 14.602 kg
(CRFQ no. 1000243072 due on 20/11/15 at 3 pm)
1. You are invited to submit your offer in a two-part bid for the sale and delivery of 2222
nos. of Gold Medallions (995 fineness) of various denominations aggregating to
14.602 kg as per technical specifications and on the terms & conditions contained in
this tender document.
2. Only parties meeting the eligibility criteria specified in clause 2 of Annexure I
(Instructions to Tenderer) are eligible to quote.
3. This tender document consists of the following annexures, which are enclosed:
a) Techno-commercial Bid
3.1 Instructions to Bidders Annexure I
3.2 General Instructions to Bidders for e-tendering Annexure II
3.3 Integrity Pact (IP) Annexure III
3.4 Technical Specifications Annexure IV
3.5 Terms & Conditions of Agreement Annexure V
3.6 Delivery Particulars Annexure VI
3.7 Bank Guarantee Format Annexure VII
Information pertaining to Particulars of Bidders and Relationship with Directors
shall have to be submitted online.
b) Price Bid: A price bid shall also have to be submitted online as per the Performa
given at clause 25 of Annexure I mentioned in point 3.1 above.
4. Bidders shall also have to essentially sign an Integrity Pact (IP, mentioned in point 3.3
above) for participating in this tender. The salient points to be noted in regard to IP are:
a) Performa of Integrity Pact shall be uploaded by the Bidder along with the bid
documents duly signed by the same signatory who is authorized to sign the bid
documents. All the pages of the Integrity Pact shall be duly signed. Bidder’s failure
to upload the IP duly signed along with the bid document shall result in the bid not
being considered for further evaluation.
b) If the bidder has been disqualified from the tender process prior to the award of the
contract in accordance with the provisions of the Integrity Pact, BPCL shall be
entitled to demand and recover from Tenderer Price reduction amount by forfeiting
the EMD/Performance Guarantee as per provisions of the Integrity Pact.
c) If the contract has been terminated according to the provisions of the Integrity Pact,
or if BPCL is entitled to terminate the contract according to the provisions of the
Integrity pact, BPCL shall be entitled to demand and recover from contractor, Price
reduction amount by forfeiting the Performance Guarantee amount as per
provisions of the Integrity Pact.
d) Bidders may raise disputes/complaints, if any, with the nominated Independent
External Monitor. The name, address and contact numbers of the nominated
Independent External Monitor is as follows:
Shri Shantanu Consul; To be contacted for:

1. Name of IEM and E-Mail Id
[email protected]
COMPLAINTS
No.9M CHS (IAS Officers Colony), 16th Main, 5th C
2. IEM’s Address ONLY
Cross, BTM 2nd Stage, Bangalore – 560 076
3. IEM’s Mobile Number 09740069318
1) Name of Procuring Officer- To be contacted for:
Sandeep Srivastava
PO
All Other
2) PO’s email ID [email protected] Clarifications/
BPCL, Central Procurement Organization (Mktg), Details Regarding
3) PO’s Office Address A-Installation, Sewree-Fort Road, Sewree (E), This Tender
Mumbai - 400 015
4) PO’s Contact Number 022-2417 6076; +9198694 67085
5. Please visit the website https://bpcleproc.in for participating in the tender and
submitting your bid online.
6. Additionally, you shall be required to submit the EMD (if applicable), in physical form at
our office.
7. Your online bid as well as the instrument to be submitted in physical form should be
submitted on or before the due date of this tender viz. 20th November 2015, 3 pm.
8. Bids submitted after the due date and time of closing of tender or not in the prescribed
format is liable to be rejected. BPCL does not take any responsibility for any delay in
submission of online bid due to connectivity problem or non-availability of site and/or
non-receipt or late receipt of instrument to be submitted in physical form due to postal
delay. No claims on this account shall be entertained.
9. As our company’s guidelines do not permit post-tender negotiations except with
the bidder offering the best financial terms, you are requested to submit your
best terms at this stage itself.
10. Price bid of only those bidders shall be opened whose techno-commercial bid is found
to be acceptable.
11. For clarifications, if any, please feel free to contact the undersigned @ (022) 24176076
or 09869467085.
Thanking you,
Yours faithfully,
for Bharat Petroleum Corporation Ltd.
Sandeep Srivastava
Procurement Leader (CPO) - Group IV
CRFQ NO. 1000243072 ANNEXURE I
INSTRUCTIONS TO BIDDER
Instructions to Bidder
Definitions
The following expressions used in these tender documents and in the LoI/purchase
order shall have the meaning indicated against each of these:
a. Owner: Owner means Bharat Petroleum Corporation Limited (a Government of

India enterprise), a company incorporated in India having its registered office at
Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai - 400001 and shall
include its successors and assigns (hereafter called ‘Purchaser’/'BPCL'/’Owner’/
‘Corporation’ as a short form).
b. Successful Bidder: Successful bidder means the person, firm or the Company/
Corporation to whom this purchase order is issued and shall include its successors
and assigns.
c. Inspector: Person deputed by BPCL for inspection, checking and/or testing as

inspector/authorized by BPCL.
d. Goods/Materials: Goods and/or Materials means the item tendered and all services
including but not limited to design, delivery, inspection, testing and warranty
specified or required to complete the order.
e. Site/Location: Site means Head office and/or Regional offices of BPCL anywhere in
India where the tendered item has to be delivered.
f. Firm Procurement: means the agreement between the parties for mutually agreed
terms and conditions with commitment of Quantity Ordered. Firm Procurement
consists of Purchase Order, and Call‐off Order.
g. LBMA in the appropriate context means London Bullion Market Association
h. PSE in the appropriate context means Central Public Sector Enterprise
i. LoI in the appropriate context means Letter of Intent
j. PO in the appropriate context means Purchase Order
k. PR in the appropriate context means Price Reduction
Supply of Gold Medallion Package for BPCL Page 1 of 12

1. Requirement
Competitive offers are invited in two part bid from qualified bidders for the sale and
delivery of 2222 nos. of Gold Medallions (995 fineness) of following denominations
and weight aggregating to 14.602 kg to be supplied at BPCL Offices:
Gold medallion
1 Gram 2 Gram 5 Gram 10 Gram Total
denominations
Requirement in
129 589 349 1155 2222
No.
Requirement in
129 1,178 1,745 11,550 14,602
grams
2. Eligibility Criterion
The Bid qualification Criterion for participating in this tender is as follows:
I. Credential eligibility: The bidder should meet one of the following criteria:
(a) Be a Scheduled Bank in operation for at least three (3) years as on due date of
bid and authorized by RBI to import and deal in gold, or
(b) Be a Public Ltd. Company in operation for at least three (3) years as on due
date of bid and possessing Government License/Certificate giving them the
authority to deal in gold, or
(c) Be a manufacturer of gold medallions/coins as on due date of bid and
possessing Government License/Certificate giving them the authority to deal in
gold, or
(d) Be a trader of gold medallions/coins as on due date of bid and possessing
Government License/Certificate giving them the authority to deal in gold
Documents required:
Scheduled Banks should produce a copy of the authorisation letter from RBI for
importing and dealing in gold while other bidder should produce a copy of the
Government License/Certificate giving them the authority to deal in gold in support
of their claim.
II. Supply Capacity:
The bidder should have supplied Gold Medallions/coins weighing at least 4.4 kg
during any continuous 12 months period in the last 7 years from the due date of bid
submission
Documents required:
Copy of invoices raised during any continuous 12 months period in the last 7 years
from the due date of bid submission (accompanied with the corresponding
purchase order) aggregating to at least or more than 4.4 kg.

III. Financial Capacity:
a. The bidder should have achieved a minimum average Annual financial
turnover of Rs. 1.3 crores as per Audited financial statements (including
Balance Sheet and Profit & Loss account), during the last available three
consecutive accounting years.
b. The bidder’s net worth should be positive as per last available Audited
financial statements (including Balance Sheet and Profit & Loss account. The
net worth is defined as TOTAL ASSETS MINUS TOTAL LIABILITIES.
Documents required:
Copy of available Audited Balance Sheets & Profit & Loss account of the bidder
for the last available three consecutive accounting years (English language
only).
NOTE: BPCL reserves the right to demand from the bidders, the Originals of any
or all of the aforementioned documents for the verification purpose, as and when
required.
3. Delivery period & Price Payable

The delivery period shall be as quoted by the bidder subject to a maximum of 60
days from the date of placement of LOI. Price payable shall be based on the price
of Gold declared by LBMA (London Bullion Market Association, AM rate) as per the
clause 4 of Annexure V.
4. Offers should strictly be in accordance with the tender terms & conditions and
technical specifications. Bidders are requested to carefully study all the
documents/annexure and understand the conditions, specifications, drawings etc,
before submitting the tender and quoting rates. In case of doubt, written
clarifications should be obtained, but this shall not be a justification for request for
extension of due date for submission of bids.
5. It shall also be imperative on each bidder to fully inform itself of all local conditions
and factors (including prevailing rates of taxes, duties, octroi, entry tax, local body
tax etc.) which may have any effect on the successful execution of the scope
covered under this Package. BPCL shall not entertain any request for clarifications
from the bidder, regarding such local conditions after the due date of tender. It must
be understood and agreed that such factors have properly been investigated and
considered while submitting the bid. BPCL will not entertain any claim for financial
adjustment to the contract awarded under this bidding.
6. REFERENCE FOR DOCUMENTATION:

a. The number of Collective Request for Quotation (CRFQ) must appear on all
correspondence before finalization of Rate Contract / Purchase Order.
b. After finalization of Rate Contract / Purchase Order, the number and date of
Rate Contract/Purchase Order must appear on all correspondence, drawings,
invoices, dispatch advices, (including shipping documents if applicable) packing
list and on any documents or papers connected with this order.

7. RIGHT OF CORPORATION TO ACCEPT OR REJECT TENDER:

The right to accept the tender will rest with the corporation.
8. LANGUAGE OF BID:
The Bid and all supporting documentation and all correspondence exchanged by
bidder and Corporation, shall be written in English language only.
9. Bidders are requested to accept the Integrity Pact (IP) document by signing it.
This document is essential & binding. Bidder’s failure to accept the IP document
shall result in the bid not being considered for further evaluation.
10. Techno-commercial Bid (consisting of all the attached Tender documents,

Credential Bid Form, Declaration Forms and Integrity Pact) and price bid as well as
all uploaded documents (as mentioned in clause (14) below) shall form the part of
the tender. Both techno-commercial bid and the price bid will be online only.
Only EMD is exception to this rule, which will have to be submitted in envelope.
The details of the e-procurement process are enclosed as Annexure II.
11. All the supporting documents should be legible and duly signed, stamped and
attested by the authorized signatory as specified in clause (12) below, before
uploading them online.
Performa of Integrity Pact has been uploaded as Annexure III of tender
documents. Bidder shall be required to download and print it such that it is legible.
All pages of the printed copy of IP should be duly signed by the authorized signatory
as specified in clause (12) below and witnessed. Thereafter, that copy should be
scanned and uploaded by bidder along with other bid documents.
12. Techno-commercial and price bid shall be required to be digitally signed with a class
IIB or above digital signature by the authorised signatory. The authorized
signatory shall be :
a. Proprietor in case of proprietary concern.
b. Authorised partner in case of partnership firm.
c. Director, in case of a limited Company, duly authorized by its board of directors
to sign.
If for any reason, the proprietor or the authorised partner or director as the case may
be, are unable to digitally sign the document, the said document should be digitally
signed by the constituted attorney having full authority to sign the tender document
and a scanned copy of such authority letter as also the power of attorney (duly
signed in the presence of a Notary public) should be uploaded with the tender.
Online submission of the tender under the digital signature of the authorized
signatory shall be considered as token of having read, understood and totally
accepted all the terms and conditions. Bidder’s digital signature on the documents
shall be considered as total acceptance of the terms & conditions.
13. Earnest Money Deposit (EMD)

a) The bidder shall submit an interest-free Earnest Money Deposit of Rs. 1.0 lakh
(Rupees One lakh only) by crossed account payee Demand Draft drawn on

any nationalised/ scheduled bank in favour of “BHARAT PETROLEUM
CORPORATION LTD” payable at Mumbai.
b) EMD should be submitted in physical form in a sealed cover addressed to
Procurement Leader (Group IV), boldly super-scribed on the outer cover –
 CRFQ No.: __________________
 Item : Supply of Gold Medallions
 Due Date & Time: _______________
 Name of the bidder:
It should be dropped in the tender box or sent by Registered Post/Courier to the

following address so as to reach on or before the due date & time of the tender:
Central Procurement Organization (Mktg),

‘A’ Installation, Sewree Fort Road,
Sewree, Mumbai-400015
BPCL will not be responsible for non-receipt of instrument(s) / postal delay/loss

in transit etc.
c) Cheques, cash, Money Orders, Fixed deposit Receipts, Bank guarantees etc.
towards EMD are not acceptable. Similarly, request for adjustment against any
previously deposited EMD/Pending Dues/Bills/Security Deposits of other
contracts etc. will not be accepted towards EMD.
d) Bid received without the EMD is liable to be rejected.
e) Units registered with National Small Industries Corporation (NSIC) and/or Micro
or Small Enterprises (MSE) are however, exempted from payment of EMD,
subject to:
 The unit being registered for the item tendered.
 Registration certificate being valid as on due date of tender.
Such bidders must upload a photocopy of valid NSIC Registration Certificate/
Review certificate duly attested by a gazetted officer/notorised, (photocopy of
application for registration as NSIC or for renewal will not be acceptable) and/or
a valid MSE registration with any notified body specified by Ministry of Micro,
Small and Medium Enterprises, failing which such bid will be treated as bid
received without EMD and liable to be rejected
f) Registration with DGS&D will not entitle the bidder to claim exemption from
payment of EMD.
g) EMD is liable to be forfeited (in addition to HOLIDAY LISTING as mentioned in
Clause 27 of Annexure V) in the event of :
i. Withdrawal of offers during the validity period of the offer. (Refer item no. 17
of this Annexure)
ii. Non-acceptance of LOI/order, if and when placed.
iii. Any unilateral revision in the offer made by the bidder during the validity of
the offer.

iv. Non-payment of Supply and Performance Guarantee amount against LOI/
Purchase Order within the stipulated period of 10 days from date of LoI/ the
Purchase Order whichever is earlier.
h) EMD will be refunded by National Electronic Fund Transfer to all the successful
bidders after they deposit the amount for Supply and Performance Guarantee
(refer clause 2 of Annexure V) against LOI/Purchase Orders, as placed. In case
of successful bidder wishes to convert the EMD amount to Supply and
performance Guarantee amount, the bidder should submit written request for the
same.
i) EMD will be refunded by National Electronic Fund Transfer to all the unsuccessful
bidder after placement of order on all successful bidder.
14. The complete process for submitting the bid is as follows:
A. Techno-commercial bid
i Accept the contents of the following annexures in toto by clicking on the button
provided on the screen below each one of them:
a. Instructions to bidder Annexure I
b. General Instructions to bidder for e-tendering Annexure II
c. Technical Specifications Annexure IV
d. The terms & conditions of Agreement Annexure V
e. Delivery Particulars Annexure VI
f. Bank Guarantee Format Annexure VII
ii Performa of Integrity Pact (IP) has been uploaded as Annexure III of tender
documents. Bidder shall be required to download and print it such that it is
legible. All pages of the printed copy of IP should be duly signed by the
authorized signatory and witnessed. Thereafter, that copy should be scanned
and uploaded by bidder along with other bid documents
iii Fill in the BQC data and upload all the following BQC documents (in pdf or jpg
format) –
a) Copy of the authorization letter from RBI for importing and dealing in gold (in
case of Scheduled Bank) or a copy of the Government License/Certificate
giving them the authority to deal in gold (in case of other bidders).
b) Copies of invoices raised during any continuous 12 months period in the last
7 years from the due date of bid submission, accompanied with the
corresponding purchase order.
c) Copies of Audited Balance Sheet and Profit & Loss Account statements for
the last available three consecutive accounting years prior to the due date of
bid submission.
iv Upload the other documents as under (in pdf or jpg format) –

a) Integrity Pact (IP) duly signed and witnessed
b) Copy of PAN Card
c) Certified copies of Partnership Deed/ Memorandum & Articles of Association
& Certificate of registration with the Registrar of Companies’ (if applicable).
d) Authority letter and power of attorney in favor of constituted attorney (if
applicable).

v. Online fill in information in the Credential Bid Form and Declaration form.
vi. Submit the EMD [if applicable] in physical form or upload a copy of NSIC/MSE
Registration Document (all the pages of the EM-II Certificate [Part – II
Memorandum]) issued by appropriate authority, as proof of exemption thereof.
In case no. of pages to be uploaded are more, then the same can also be zipped
and uploaded.
B. Price bid
Online fill in the quotes in the price bid form. The proforma of the price bid form
has been provided as clause (25) of this annexure.
15. Incomplete bids or bids received with deviations/subjective or counter
conditions/quantity restrictions are liable to be rejected. No further
correspondence/enquiries raised on this issue by the bidder shall be entertained.
Any terms and conditions by the bidder in his bid will not be binding on the
Corporation
16. Bids submitted after the due date and time and those not in the format or not in
conformity with the prescribed terms and conditions or specifications shall be
summarily rejected and no further correspondence/ enquiries shall be entertained
on the issue. No responsibility shall be taken by the Corporation and no claims on
this account shall be entertained.
17. The price bid submitted by the bidder shall be valid for acceptance for a period of 90
days from the due date (revised if any) of the tender. In exceptional circumstances,
the Owner may solicit the bidder’s consent for extension of the bid validity period
without any change in bid price, terms & conditions.
18. Acceptance of Bids by the Corporation:

a) Techno-commercial Bid
Based on the information and instruments/documents submitted, all bidders meeting
the following criterion shall qualify in the techno-commercial bid:
i They should meet the bid qualification eligibility criterion as specified in clause
(2) above.
ii They should accept all the technical specifications and agree to supply Gold
Medallions embossed and packed as specified therein.
iii They should agree to all the terms & conditions of the agreement and the
delivery particulars.
iv BPCL should have received the EMD submitted by them or proof entitling them
for exemption from EMD, whichever is applicable
v They should not have been debarred or black listed by BPCL from participation
in any tender floated by BPCL for a period that is not over as on the due date of
this tender
An affirmative determination will be prerequisite for qualifying in the techno-

commercial bid. A negative determination will result in rejection of the bidder's Bid.

Price bid of only those bidders will be opened who qualify in the Techno-
commercial bid.
b) Price Bid
i. The order allotment will be finalized by BPCL by taking into account the
following:
 Discount quoted on the LBMA AM Gold Rate

 Other cash outflows that shall include Import/Custom/Excise duty,
incidental charges and delivery charges to each location
 Amount of advance payment sought
 Delivery Period quoted
ii. “Net cost to BPCL” shall be calculated by using the following formula:
NDP = {((GR*[995/999]*WC*[1 – d/100]*Q*Ex) + [Q*ID*1000] + [IChg* Q])

*(1+ED/100)}*[1+ ST/100] + + Loading for advance payment
where,
GR = LBMA AM rate of Gold as on the due date of this tender [in USD per troy
ounce]
WC = Weight conversion factor [1 kg = 32.150747 troy ounces]
d = discount rate quoted/negotiated [in %]
Q = Weight of 995 fineness Gold to be supplied [= 14.602 kg]
Ex = Currency Exchange rate, equal to SBI BC selling rate as on the due date
of this tender
ID = Import/Custom duty [in Rs. per gm]
IChg = Incidental charges (inclusive of the cost of getting the coins Hallmarked)
quoted [in Rs. per kg]
ED = Excise duty [in %]
ST = Applicable Sales Tax/VAT [in %]
Frti = Delivery charges quoted for location “i” [in Rs. per Gold medallion]
Ni = No. of Gold medallions delivered to location “i” [Total = 2222 numbers]
A factor will be added to the delivered cost of material to bring parity in price bid
evaluation for the different percentage of advance payment sought by the bidder.
The formula for calculating this loading factor would be as follows:
Loading for advance payment = {((GR*[995/999]*WC*[1 – d/100]*Q*Ex) +

[Q*ID*1000])*(1+ED/100)}* [1+ ST/100] * proportion of advance payment
requested *(16.05/100) x (delivery period quoted +10)/365
iii. Bidders may have to attend the concerned office of the Corporation for
negotiations/clarifications if required at their own cost, in respect of their
quotations without any commitment from the Corporation.

19. Award Criteria
i. Subject to Clause No. 20 below, the Owner shall award the Contract to the
Bidder whose Bid has been determined to be substantially responsive and has
been determined as the lowest evaluated Bid based on “net cost to BPCL”. In
case the “net cost to BPCL” of two or more bidders works out to be the
same, then the contract shall be awarded to the bidder who has quoted
shorter delivery period. The contracts shall be finalized at the
quoted/negotiated rates in line with clause 4 of Annexure V.
ii. In the event it becomes necessary for the Corporation to procure Gold
Medallions at different rates, then the Corporation reserves the right to make
order allotment in such a way so as to enable the Corporation to get the
maximum advantage.
iii. In the event the bidder who has offered the best rates, fails to supply the Gold
Medallions, BPCL may place orders with the next best bidder, if considered
necessary.
iv. Corporation reserves its right to allow Public Sector Enterprises (Central/
State), purchase preference as admissible/applicable from time to time under
the existing Govt. policy. Purchase preference to a PSE shall be decided based
on the price quoted by PSE as compared to L1 Bidder at the time of evaluation
of the price bid.
Corporation also reserves its right to allow Micro and Small Enterprises (MSEs)
and MSEs owned by Scheduled Caste (SC) or the Scheduled tribe (ST)
entrepreneurs, purchase preference as admissible/applicable from time to time
under the existing Govt. policy. Purchase preference to a MSE and a MSE
owned by SC/ST entrepreneurs shall be decided based on the price quoted by
the said MSEs as compared to L1 Bidder at the time of evaluation of the price
bid.
BPCL’s decision on award of Contract shall be final and binding on all the bidders.
20. Owner's Right to Accept Any Bid and to Reject Any or All Bids
The Corporation is not bound to accept the lowest offer and reserve the right to
accept any Bid or reject any and/ or every tender without assigning any reason
whatsoever and/or place order on one or more bidders and/ or carry out
negotiations with any bidder in the manner considered appropriate by the
Corporation without thereby incurring any liability to the affected bidder or bidders or
any obligation to inform the affected bidder or bidders of the grounds for the
Owner's action. Corporation also reserves the right to reject any un-workable offer.
Purchase preference would be given to Public Sector Enterprises as per directives
of the Government of India.
21. Letter of Intent/ Purchase Order
Prior to the expiration of the period of bid validity, the Owner will notify the
successful bidder in writing in the form of LOI, that its Bid has been accepted.

22. Anti –Competitive Agreements/Abuse of Dominant Position:
The Competition Act, 2002 as amended by the Competition (Amendment) Act,

2007 (the Act), prohibits anti-competitive practices and aims at fostering
competition and at protecting Indian markets against anti- competitive practices by
enterprises. The Act prohibits anti-competitive agreements, abuse of dominant
position by enterprises, and regulates combinations (consisting of acquisition,
acquiring of control and M&A) wherever such agreements, abuse or combination
causes, or is likely to cause, appreciable adverse effect on competition in markets
in India. Bedsides taking punitive action as enshrined under Integrity Pact, BPCL
reserves the right to approach the Competition Commission established under the
Act of Parliament and file information relating to anti-competitive agreements and
abuse of dominant position. If such a situation arises, then bidders shall be bound
by the provisions of the said statute.
23. It shall be understood that every endeavour has been made to avoid errors which
can materially affect the basis of the tender and the successful bidder shall take
upon himself and provide for risk of any error which may subsequently be
discovered and shall make no subsequent claim on account thereof.
24. Courts in the city of Mumbai alone shall have jurisdiction to entertain any application
or other proceedings in respect of anything arising under this tender either before or
after or during finalization of the tender.
25. Proforma for Price bid

a) Cost of Gold Medallions
Field Name Item Description Unit

LBMA AM rate of Gold as 1171.5 USD/troy
on 28/10/15 ounce
Weight conversion factor 32.150747 Troy
ounce/kg
Discount rate [in %] This shall be the % discount bidder shall offer to BPCL on the %
LBMA AM Gold rate. It cannot be less than 0 [zero]
Quantity of 995 fineness 14.602 kg
Gold to be supplied by the
bidder
Currency Exchange rate, 64.75 INR/USD
equal to SBI BC selling rate
as on 29/10/15
Import/Custom duty [in Rs. Import and custom duty payable on Gold Rs per
per gm] gm
Incidental charges including It shall include die-making charges, conversion/ making Rs per kg
the cost of getting the coins charges, process loss in making Gold Medallions, packing &
Hallmarked [in Rs. per kg] certification/ assayer charges including cost of getting the coins
Hallmarked, all risk insurance charges, safe custody/ storage
charges and all other charges not covered elsewhere. Incidental
charges shall be quoted by the bidder on firm price basis and no
variation whatsoever shall be allowed on these charges during
the execution of the Contract.

Excise duty [in %] Excise duty payable on Gold Coins %
Applicable Sales Tax/VAT Sales Tax payable sale and delivery of Gold Coins %
[in %]
LBMA AM rate of Gold as LBMA AM rate that would be used for the purpose of tender USD/troy
on the due date of this evaluation-to be filled by BPC ounce
tender [in USD per troy
ounce]
Currency Exchange rate, Currency exchange rate that would be used for the purpose USD
equal to SBI BC selling of tender evaluation-to be filled by BPC
rate as on the due date of
this tender
Total Cost of Gold Calculated field as per formula given under clause 18 of INR
Medallions Annexure I
Proportion of Gold price to Proportion of Gold price (as defined in clause 4(a) of Annexure %
be paid as advance V) to be paid as advance payment. This proportion cannot be
payment [in %]. This more than 95%.
proportion cannot be
more than 95%
Delivery Period. [no. of This is the maximum period the bidder shall take to deliver the no. of
days] It cannot be more material after placement of LoI (excluding the date of issue of days
than 60 days. LOI). It cannot be more than 60 days. Bidder is requested to
quote her best delivery schedule. Time of delivery mentioned in
the bid shall be essence of the agreement in the event of
placement of order and no variation shall be permitted except
with prior authorization in writing from the corporation. Bidder
quoting least delivery period shall be preferred in case he is one
of the 2 or more bidders who become eligible for orders based
on the “Net cost to BPCL”. Delivery period shall also be taken
into account while calculating the loading for the purpose of
price bid evaluation.
Loading Factor Calculated field as per formula given under clause 18 of INR
Annexure I
Subtotal Sum of the "Total cost of gold medallion" and "Loading Factor" INR

b) Delivery Charges
Delivery charges incl octroi [in Rs. Total Delivery charges

per Gold medallion] incl octroi [in Rs. per
No. of
Gold medallion]
Gold
Location Cost of delivering the Gold Calculated field as
medallions
medallions at the addresses as per formula given
delivered mentioned in annexure VI including under clause 18 of
[numbers] Octroi, entry tax, local body tax Annexure I
sales tax on freight etc
Noida 131
Allahabad 53
Chandigarh 46
Delhi - Reseller 266
Jaipur 70
Lucknow 64
Delhi- Direct 52
Udaipur 45
Jalandhar 86
Chennai- Reseller 107
Coimbatore 72
Secunderabad 43
Bangalore 55
Kochi 50
Chennai - Direct 3
Vizag 53
Belgaum 64
Madurai 22
Mumbai - Reseller 137
Mumbai - Direct 31
Nagpur 93
Raipur 50
Pune - Reseller 70
Ahmedabad 67
Rajkot 29
Bhopal 51
Pune - Direct 54
Surat 85
Kolkata- Reseller 45
Patna 39
Ranchi 68
Bhubaneswar 35
Guwahati 48
Kolkata- Direct 38

CRFQ No. 1000243072 Annexure II
General Instructions to bidders for E-Tendering
1. Interested parties may download the tender from BPCL website

(http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in) or
from the e-tendering website (https://bpcleproc.in) and participate in the tender
as per the instructions given therein, on or before the due date of the tender.
The tender available on the BPCL website and the CPP portal can be
downloaded for reading purpose only. For participation in the tender, please fill
up the tender online on the e-tender system available on https://bpcleproc.in.
2. For registration on the e-tender site https://bpcleproc.in, one can be guided by

the “Instructions to Vendors” available under the download section of the
homepage of the website. As the first step, bidder shall have to click the
“Register” link and fill in the requisite information in the “Bidder Registration
Form”. Kindly remember your e-mail id (which will also act as the login ID) and
the password entered therein. Once you complete this process correctly, you
shall get a system generated mail. Thereafter, login in to the portal using your
credentials. When you log in for the first time, system will ask you to add your
Digital Signature. Once you have added the Digital Signature, please inform
the bidder administrator @ [email protected] with a copy to
[email protected] for approval. Once approved, bidders can login in
to the system as and when required.
3. As a pre-requisite for participation in the tender, bidders are required to obtain

a valid Digital Certificate of Class IIB and above (having both signing and
encryption certificates) as per Indian IT Act from the licensed Certifying
Authorities operating under the Root Certifying Authority of India (RCIA),
Controller of Certifying Authorities (CCA). The cost of obtaining the digital
certificate shall be borne by the bidder.
In case any bidder so desires, he may contact our e-procurement service

provider M/s. E-Procurement Technologies Ltd., Ahmedabad (Contact no. Tel:
+91 79 4001 6816 | 6848 | 6844 | 6868) for obtaining the digital signature
certificate.
4. Corrigendum/amendment, if any, shall be notified on the site

https://bpcleproc.in. In case any corrigendum/amendment is issued after the
submission of the bid, then such bidders who have submitted their bids, shall
be intimated about the corrigendum/amendment by a system-generated email.
It shall be assumed that the information contained therein has been taken into
account by the bidder. They have the choice of making changes in their bid
before the due date and time.
Page 1 of 5
5. Bidders are required to complete the following process online on or before the
due date of closing of the tender:
A. Techno-Commercial bid
i Accept the contents of the following annexures in toto by clicking on the

button provided on the screen below each one of them:
a. Instructions to bidder Annexure I
b. General Instructions to bidder for e-tendering Annexure II
c. Technical Specifications Annexure IV
d. The terms & conditions of Agreement Annexure V
e. Delivery Particulars Annexure VI
f. Bank Guarantee Format Annexure VII
ii Proforma of Integrity Pact (IP) has been uploaded as Annexure III of
tender documents. Bidder shall be required to download and print it such
that it is legible. All pages of the printed copy of IP should be duly signed
by the authorized signatory and witnessed. Thereafter, that copy should
be scanned and uploaded by bidder along with other bid documents.
iii Fill in the BQC data and upload all the following BQC documents (in pdf or
jpg format) –
a) Copy of the authorization letter from RBI for importing and dealing in
gold (in case of Scheduled Bank) or a copy of the Government
License/Certificate giving them the authority to deal in gold (in case of
other bidders).
b) Copies of invoices raised during any continuous 12 months period in the
last 7 years from the due date of bid submission, accompanied with the
corresponding purchase order.
c) Copies of Audited Balance Sheet and Profit & Loss Account statements
for the last available three consecutive accounting years prior to the due
date of bid submission.
iv Upload the other documents as under (in pdf or jpg format) –

a) Integrity Pact (IP) duly signed and witnessed
b) Copy of PAN Card
c) Certified copies of Partnership Deed/ Memorandum & Articles of
Association & Certificate of registration with the Registrar of Companies’
(if applicable).
d) Authority letter and power of attorney in favor of constituted attorney (if
applicable).
v Online fill in information in the Credential Bid Form and Declaration form.
Page 2 of 5
vi Submit the EMD [if applicable] in physical form or upload a copy of

NSIC/MSE Registration Document (all the pages of the EM-II Certificate
[Part – II Memorandum]) issued by appropriate authority, as proof of
exemption thereof.
In case no. of pages to be uploaded are more, then the same can also be zipped
and uploaded.
B. Price bid
Online fill in the quotes in the price bid form. The proforma of the price bid
form has been provided in annexure I.
6. Price bid of only those bidders shall be opened whose Techno-Commercial bid
is found to be acceptable to us. The schedule for opening the price bid shall be
advised separately.
7. Directions for submitting online offers, electronically, against e-procurement

tenders directly through internet:
(i) Bidders are advised to log on to the website (https://bpcleproc.in) and

arrange to register themselves at the earliest.
(ii) The system time (IST) that will be displayed on e-Procurement web page
shall be the time considered for determining the expiry of due date and
time of the tender and no other time shall be taken into cognizance.
(iii) Bidders are advised in their own interest to ensure that their bids are
submitted in e-Procurement system well before the closing date and
time of bid.
(iv) If the bidder intends to change/revise the bid already submitted, they shall
have to withdraw their bid already submitted, change / revise the bid and
submit once again. However, if the bidder is not able to complete the
submission of the changed/revised bid within due date & time, the
system would consider it as no bid has been received from the
bidder against the tender and consequently the bidder will be out of
contention. The process of change / revise may do so any number of
times till the due date and time of submission deadline. However, no bid
can be modified after the deadline for submission of bids.
(v) Once the entire process of submission of online bid is complete, they will
get an auto mail from the system stating you have successfully submitted
your bid in the following tender with tender details.
Page 3 of 5
(vi) Bids / Offers shall not be permitted in e-procurement system after the due
date / time of tender. Hence, no bid can be submitted after the due date
and time of submission has elapsed.
(vii) No manual bids/offers along with electronic bids/offers shall be permitted.
8. For tenders whose estimated procurement value is more than Rs. 10 lakhs,
bidders can see the rates quoted by all the participating bidders once the price
bids are opened. For this purpose, bidders shall have to log in to the portal
under their user ID and password, click on the “dash board” link against that
tender and choose the “Results” tab.
9. No responsibility will be taken by BPCL and/or the e-procurement service

provider for any delay due to connectivity and availability of website. They
shall not have any liability to bidders for any interruption or delay in access to
the site irrespective of the cause. It is advisable that bidders who are not well
conversant with e-tendering procedures, start filling up the tenders much
before the due date /time so that there is sufficient time available with him/her
to acquaint with all the steps and seek help if they so require. Even for those
who are conversant with this type of e-tendering, it is suggested to complete
all the activities ahead of time. It should be noted that the individual bid
becomes viewable only after the opening of the bid on/after the due date and
time. Please be reassured that your bid will be viewable only to you and
nobody else till the due date/ time of the tender opening. The non availability of
viewing before due date and time is true for e-tendering service provider as
well as BPCL officials.
10. BPCL and/or the e-procurement service provider shall not be responsible for
any direct or indirect loss or damages and or consequential damages, arising
out of the bidding process including but not limited to systems problems,
inability to use the system, loss of electronic information etc.
In case of any clarification pertaining to e-procurement process, the bidder

may contact the following agencies / personnel:
1. For system related issues :

a. M/s. E-Procurement Technologies Ltd at contact no. Tel: +91 79
4001 6816 | 6848 | 6844 | 6868 followed with a e-mail to id
[email protected]
b. Procurement Manager of M/s. BPCL at contact no. +91-22-
24176413 followed with a e-mail to ID [email protected]
Page 4 of 5
2. For tender related queries:

a. Ms. Pooja Pandey of BPCL at contact no. +91-22-24176413
followed with an email to ID [email protected]
b. Mr. Sandeep Srivastava of BPCL at contact no. +91-22-24176076
followed with an email to ID [email protected]
The responsible person of the tender is Mr. Sandeep Srivastava of BPCL at

contact no. +91-22-24176076.
Page 5 of 5
CRFQ NO. 1000243072 ANNEXURE IV
TECHNICAL SPECIFICATIONS
Technical Specifications
1. Product
Gold Medallions
2. Purity
995 Fineness with BIS Hallmark
3. Shape
Circular
4. Weights and Diameter

Various types of Gold Medallions to be supplied & distributed under this
contract are:
(i) Gold Medallion of 1 gms
(ii) Gold Medallion of 2 gms
(iii) Gold Medallion of 5 gms
(iv) Gold Medallion of 10 gms
Diameter and thickness shall be as per the standards followed by the vendor.
However the diameter of each type of the medallion should be distinctively
different from other types, for ease of identification.
5. Tolerance
No negative tolerance in respect of weight, purity/fineness
6. Embossing
Each medallion should be marked with the purity of gold, BIS logo, assayer
logo and manufacturer’s logo.
7. Packing :
Each Gold Medallion must be elegantly packed in laminated card (as
indicated below) bearing certificate of authorized Assayer of Gold Medallion
with purity number and weight. The background color of the card should
be Golden Yellow.

Front
BPCL
Logo
embossing
Awarded
to Winner of Gold coin
Gold Bonanza Scheme
BACK
Logo of the supplier

Embossing of
the Logo of
the supplier Certificate for weight & purity
& gold purity
Gold coin
This laminated card containing gold coin should sit neatly in the window provided
in the velvet pouch of Azure Blue color. The velvet pouch in turn should snugly
fit in a paper box/sleeve. This paper box/sleeve shall be approximately 16 x 8 x 2
cm in size having a window on its front side that is covered with some
transparent sheet (see picture below).



CRFQ NO. 1000243072 ANNEXURE V
TERMS AND CONDITIONS OF AGREEMENT
TERMS & CONDITIONS OF AGREEMENT FOR

PROCUREMENT OF GOLD MEDALLIONS PACKAGES
1. MATERIAL TO BE SUPPLIED
(a) The successful bidder on whom LoI/ Purchase Order is placed shall duly
supply Gold Medallions manufactured and packed as per the technical
specifications given in annexure IV, to the Corporation at the rate and
delivery schedule specified in the LoI/ Purchase Order.
(b) The successful bidder shall initially submit one (1) number of each type of
Gold Medallion along with packing as depicted in the technical
specifications to BPCL within 15 (fifteen) days from issue of LoI for its
approval before start of mass production. The sample should be exactly as
per the artwork provided by BPCL & the packing should be as per the
technical specification confirmed. The days between the receipt of the
sample & BPCL confirmation date will not be a part of the delivery period
and the delivery date shall be adjusted accordingly. If acceptable, these
samples shall become the property of BPCL and shall form part of total
ordered quantity.
(c) Quantity of Gold Medallions to be supplied shall be as indicated in the LoI/

Purchase Order.
2. SUPPLY AND PERFORMANCE GUARANTEE

The successful bidder, within 10 days of placement of Letter of Intent (LoI)
shall deposit an amount of Rs.1 lakh with BPCL towards Supply and
Performance Guarantee. No interest is payable by BPCL on the amount for
Supply and performance guarantee so collected. This amount shall have to be
deposited by way of crossed A/c Payee demand draft drawn on any
Nationalized or scheduled bank in favor of M/s Bharat Petroleum
Corporation Ltd. and payable at Mumbai. Successful bidder shall submit a
written request to the Corporation for its consideration in case he wishes to
convert EMD to Supply and performance Guarantee.
The said supply and performance guarantee shall be refunded within 15

(fifteen) days after the release of final payment. BPCL shall be entitled to
deduct from this amount any loss or damage which BPCL may be put to by
reason of any act or defective material, price reduction or any other liabilities
or default recoverable by BPCL from the successful bidder and to call upon
the successful bidder to maintain the amount at the original level during the
tenure of the contract, by making further deposits.
3. SET OFF
Any sum of money due and payable to the successful bidder (including the
supply and performance guarantee amount returnable to him), may be
appropriated by BPCL against any claim arising against the successful bidder.

4. PRICE
The price payable shall consist of the following:
a) Price of Gold = ((GR*[995/999]*WC*[1 – d/100]*Q*Ex) + [Q*ID*1000])

*[1+ED/100]*[1+ ST/100]
where,
GR = LBMA AM rate of Gold as on the specified date [in USD per troy ounce]
WC = Weight conversion factor [kg per troy ounce], 1 kg= 32.150747 ounces
d = discount rate quoted/negotiated [in %]
Q = Net quantity of 995 fineness Gold supplied [in kg],
Ex = Currency Exchange rate, equal to SBI BC selling rate as on the specified
date
ID = Import/Custom duty [in Rs. per gm]
ED = Excise duty [in %]
ST = Applicable Sales Tax/VAT [in %]
Specified date shall be one day after placement of LOI.

In case LBMA does not publish its AM rate on the date for working out the
notional price/actual price of Gold as detailed above, the AM rate on the very
next date when LBMA publishes such rate shall be considered.
b) Incidental Charges = [IChg*Q1]*[1+ED/100]*[ [1+ ST/100]

where,
IChg = incidental charges quoted/negotiated by the successful bidder [in
Rs.per kg]
c) Delivery Charges =
where,
Frti = Delivery Charges (including octroi, entry tax, local body tax, sales tax on
freight etc complete) as quoted/negotiated by the successful bidder for
location “i” [in Rs. per Gold medallion]
Ni = No. of Gold medallions delivered to location “i” [in numbers]
5. PAYMENT
All payment(s) under the Contract shall be made to the Successful bidder
directly. The Successful bidder shall submit the entire set of invoice and other
documents for release of payment to:
BUSINESS PROCESS EXCELLENCE CENTRE
4th FLOOR, BPCL OFFICE COMPLEX
PLOT NO. 6 SECTOR – 2
BEHIND CIDCO GARDEN, KHARGHAR
NAVI MUMBAI-410210
BPEC email address:[email protected]

BPEC Toll free number for payment related queries: 1800 22 4221
Final Payment shall be the total price payable as per clause (4) above,
including incidental charges & freight less amount already paid to the

Successful bidder as advance (if any), PR and/or any other penalty/interest

due from the Successful bidder.
It shall be released by BPCL on the fifteen (15) day of receipt of material at

locations subject to submission of the following documents at our office:
 Tax Invoice
 Full reconciliation statement for the quantities ordered
 acknowledgments of the receipt of gold Medallions by the nominated
employees/officers in respective BPCL offices as per format given in
Annexure VI and
 Consolidated certificate of Assayer.
Successful bidder shall be required to submit all proofs of delivery for the
order(s) given in one lot and not in piecemeal. Certificates for incomplete lots
will not be accepted.
If the final payment works out to be negative, the same shall be refunded by
the Successful bidder to BPCL within 10 (ten) days of the intimation of the
same by BPCL failing which BPCL shall have the right to realize the same by
forfeiting the Supply & Performance Guarantee and/or Advance Bank
Guarantee furnished by the Successful bidder.
Successful bidder can also request for Advance Payment up to whatever

percentage they have asked for in their price bid but not exceeding 95%
[ninety five percent] of the price of the Gold for the total quantity of 995
fineness Gold supplied, as defined in clause 4(a) above. Advance payment
shall be made only against a Bank Guarantee (BG) of equivalent amount, as
per clause (6) below. It shall be released by the Corporation within four (4)
working days of acceptance of the Purchase Order, submission of the Bank
Guarantee and receipt of Performa Invoice for advance payment, whichever is
later.
6. BANK GURANTEE IN LIEU OF ADVANCE PAYMENT

Successful bidder shall have to furnish a Bank Guarantee (BG) for Advance
payment equivalent to the amount of advance payment sought along with the
acknowledgment of LoI. The bank guarantee will be in favor of Bharat
Petroleum Corporation Limited, Mumbai in the format provided at Annexure-
VII.
The bank guarantee shall be issued by:

a. A Public Sector Bank
b. A Scheduled Indian Bank having paid up capital (net of any accumulated
losses) of Rs.100 crores or above (the latest annual report of the Bank
should support compliance of capital adequacy ratio requirement) or
c. Any foreign Bank or subsidiary of a foreign Bank with overall international
corporate rating or rating of long term debt not less than A– (A minus) or
equivalent by reputed rating agency.
In case the successful bidder is itself a Scheduled Bank, the bank guarantee
would have to be issued by a Bank, other than the successful bidder.

The bank guarantee shall be initially valid for a period of two and a half (2½)
months from the date of issue of LoI. In the event of delay in completion of
distribution of gold Medallions as per the terms & conditions contained herein,
validity of the Bank Guarantee shall be further extended as required by BPCL,
but not exceeding the date of issue of completion certificate by BPCL for
full and final execution of the Contract.
7. INSPECTION
a) BPCL and/or its nominated inspector(s) may carry out the pre-despatch
inspection of the Gold Medallions before the despatch to its offices.
Hence, successful bidder has to give a notice of at least ten (10) days
before the despatch to BPCL so as to give sufficient time to carry out the
inspection. This intimation & inspection shall be a part of the delivery
period and in no case this will have any effect on the delivery period. Any
delay on account of BPCL, however, shall be adjusted in the delivery
period.
b) The costs related to travel and stay of its staff and/or consultants would be
borne by BPCL.
c) BPCL reserves the right to cancel the order in part or full in the event of
failure of the consignment to meet any of the technical specifications
required for the Gold Medallions noticed during the pre-despatch
inspection. The successful bidder shall also be liable for damages.
d) Even if the pre-despatch inspection is fully carried out, the successful

bidder shall not be absolved from its responsibilities to ensure that the
Material is supplied strictly to conform and comply with all the
requirements of the Contract. The inspections and tests are merely
intended to prima‐facie satisfy BPCL that the Material comply with the
requirements of the Contract.
e) Although material approved by the Inspector(s), if on testing and

inspection after receipt of the Material at location, any Material is found not
to be in strict conformity with the contractual requirements or
specifications, BPCL shall have the right to reject the same and hold the
successful bidder liable for non‐performance of the Contract.
f) In case of any serious discrepancy observed at any stage (like Gold

supplied not meeting the specifications, embossing not as per artwork and
specifications etc.) that cannot be rectified, the successful bidder shall
have to replace the entire consignment as per the specifications. In case
of any financial loss to BPCL, the Bank Guarantee for Advance Payment
and/or Supply & Performance Guarantee may be invoked to make good
the loss or damage. BPCL’s decision in this regard shall be final and
binding on the successful bidder.

8. DELIVERY
a) The sole responsibility of supply & delivery of Gold Medallions in proper
packing as per BPCL’s requirement lies with the successful bidder. Gold
Medallions are required to be delivered at various locations mentioned in
Annexure VI (Delivery Particulars) within the delivery period quoted by
the successful tenderer but not exceeding 60 (sixty) days from the
date of LOI (excluding the date of issue of LOI).
b) The Successful bidder shall give a prior intimation of at least seven (7)
days before the visit to the officer in-charge/ nominated officer of each
BPCL office and obtain his/her prior confirmation in writing for the visit. A
copy of intimation letter should also be sent to the office of the
Procurement Leader CPO – Group IV through email and/or fax.
c) In case some officer in-charge/ nominated officer are absent due to leave,
tour or any other reason on the date of visit, then the Gold Medallions to
be handed over to that officer in-charge/ nominated officer may be handed
over to an alternate employee/officer having a valid letter of authority from
the concerned officer in-charge/ nominated officer to collect the Gold
Medallion on his/her behalf.
d) The successful bidder should provide the receipt / acknowledgment of the

Gold Medallions from all the offices mentioned as per the Delivery
Acknowledgement Format given in Annexure VI. The receipt date/
acknowledgment date mentioned therein, shall be considered for the
purpose of calculating the delivery period and any penal action (if
applicable).
The completion certificate will be issued by BPCL on being fully satisfied

regarding execution of the Contract as per terms and conditions contained
herein.
9. CONSOLIDATED CERTIFICATE OF ASSAYER

In addition to certification of individual Gold Medallions, the successful bidder
shall also submit a separate consolidated paper certificate of assayer
specifying the number and denomination of medallions certified by them.
A copy of the certificate will be sent to the locations as well as to the BPCL
Sewree office either through mail/courier/email. The delivery without the
Assayer certificate will not be considered as complete delivery and is liable to
attract penal action in case the final delivery overshoots the 60 days period
from LOI date.
10. RESPECT FOR DELIVERY DATES AND PRICE REDUCTION (PR)

CLAUSE:
a) The time and date of Delivery of Material as stipulated in the Contract shall
be adhered to on the clear understanding that the Price(s) of the Material
has been fixed with reference to the said Delivery date(s).

b) If any delay is anticipated by the successful bidder in the delivery of the

Material beyond the stipulated date(s) of Delivery, the successful bidder
shall forthwith inform BPCL in writing of such anticipated delay and of the
steps being taken by the successful bidder to remove or reduce the
anticipated delay, and shall promptly keep BPCL informed of all
subsequent developments.
c) The inability of successful bidder to execute orders in accordance with the

agreed delivery schedule will entitle BPCL, at its options, to
i. Accept delayed delivery at prices reduced by a sum equivalent to one

half of one percent (1/2 %) of the Contract Price of the Gold Medallions
not delivered for every week of delay or part thereof, limited to a
maximum of 5% of total contract value. Receipt date/ acknowledgment
date mentioned in the Delivery acknowledgement form shall be
considered as delivery completion date for calculation of PR.
ii. Cancel the order in part or full and purchase such cancelled quantities
from elsewhere on account at the risk and cost of the successful
bidder, without prejudice to its right under (i) above in respect of goods
delivered.
Additionally, in case BPCL has made advance payment and the delivery
of Gold Medallions gets delayed beyond the period specified in the LOI/PO,
BPCL shall load interest on the successful bidder for a minimum of 15 days at
the prevailing SBI PLR RATES on the advance amount paid for only the
undelivered quantity of the contract. For any delay beyond 15 days, actual
number of days of delays would be taken into consideration.
11. RISK PURCHASE

If the Successful bidder fails to deliver the Gold Medallions as per agreed
schedule and destinations to BPCL authorized staff as per Annexure VI,
BPCL shall be free to cancel the LOI/PO for the balance quantity.
Notwithstanding the above, BPCL also reserves the right to procure same or
similar material through other sources at defaulting Successful bidder‘s entire
risk, cost and consequences.
The defaulting successful bidder must deposit the money within 15 (fifteen)
days of demand for this purpose to BPCL Sewree office, failing which the
successful bidder’s advance bank guarantee and / or Supply and
Performance Guarantee would be invoked.
Successful bidder shall continue the execution of the Order/Contract under all
circumstances, to the extent not cancelled.

12. DELIVERY FAILURE AND TERMINATION & CONSEQUENTIAL

DAMAGES
The parties hereto agree that the timely despatch/delivery as stipulated in
order/contract shall be the essence of the Order/Contract. If the successful
bidder fails to complete the delivery within the time period stipulated in the
order/contract, or within any extension of time granted by the Owner, it shall
be lawful for the Owner to recover damages for breach of order/contract
without prejudice to any other rights and/or remedies provided for, in the
order/contract and hereunder.
13. INSURANCE
a. The successful bidder, at its own cost, shall arrange, secure and maintain
insurance to protect his interests and the interests of the Owner, against
all risks as detailed herein.
b. The successful bidder shall be responsible for preferring all claims and
make good the damage or loss by way of repairs and/or replacement of
the material damaged or lost till the medallions are delivered to the
authorized officer In-charge of BPCL.
c. Any loss or damage to the Gold Medallions during handling,
transportation, storage till such time the same are taken over by the
Employees/Officers of BPCL, shall be to the account of the successful
bidder.
d. The risks that are to be covered under the insurance shall include, but not
be limited to, the loss or damage in transit, theft, pilferage, riots, civil
commotion, earthquakes, floods, weather conditions, accidents of all
kinds, fire, war risk and such other risks until delivery of Gold Medallions
to employees/officers and/or custody of the same is with Successful
bidder. The scope of such insurance shall cover the entire Order/Contract
value.
e. All costs on account of insurance liabilities covered under the
Order/Contract shall be to the account of successful bidder.
14. RISK IN STORES

The stores and every constituents part thereof, whether in the possession or
control of the successful bidder, his agents or servants or a carrier or in the
joint possession of the successful bidder, his agent or servants and the
Owner, his agents or servants shall remain in every respect at the risk of
successful bidder until their actual delivery to the authorized representative or
designated officers at all offices, at the stipulated place or destination or
where so provided in the acceptance of offer. The successful bidder shall be
solely responsible for all loss, destructions, damage or deterioration of or to
the stores from any cause whatsoever, while the stores after approval by the
Inspection Agency are awaiting despatch or delivery or are in the course of
transit from the successful bidder to the Owner, as the case may be.

15. TRANSFER, SUB-LETTING/ASSIGNMENT/SUB-CONTRACTING

a. The successful bidder shall not sublet, transfer or assign this
order/contract or any part thereof or interest therein or benefit or
advantage thereof save with the prior consent in writing of the Owner. In
the event of successful bidder sub-letting, transferring or assigning this
order/contract or any part thereof or interest therein or benefit or
advantage thereof without such permission, the Owner shall be entitled to
cancel the order/contract and to purchase the stores from elsewhere at
risk and costs of the successful bidder and the successful bidder shall be
liable for any loss or damage which the Owner may sustain in
consequence of, or arising out of such risk purchase.
b. If the successful bidder is an individual or a proprietary concern and the
individual or the proprietor dies or the partnership is dissolved or
substantially affected, then unless the owner is satisfied that the legal
representative of the individual successful bidder or the proprietor of
proprietary concern and in the case of partnership, surviving partners are
capable of carrying out and completing the Order/Contract, the Owner
shall be entitled to cancel the Order/Contract as to its incomplete and
without being in any way liable to payment of any compensation to the
estate of successful bidder and/or to the surviving partners of the
successful bidder’s /successful bidder firm on account of the cancellation
of the order/contract.
c. Terms and Conditions shall not get affected in case of

merger/amalgamation/re-arrangement/takeover etc.
d. The decision of the Owner that the legal representatives of the deceased
successful bidder or surviving partners of the successful bidder’s
/successful bidder firm cannot carry out and complete the order/contract
shall be final and binding on the parties hereto.
16. RECOVERY OF SUMS DUE

It is also agreed and understood that for the purpose of calculating the
damages recoverable, it will be assumed that the contract continued to remain
valid even after expiry of the contract period and the owner shall be entitled to
recover such sums from any sum including the supply and performance
guarantee, then due or when at any time thereafter may become due from the
successful bidder under this or any other contract with the owner and should
this sum be not sufficient to cover the recoverable amount of claim(s), the
successful bidder shall pay to BPCL on demand the balance remaining due.
17. FORCE MAJEURE
(A) Definition: The term “Force Majeure” means any event or circumstance
or combination of events or circumstances that affects the performance by
the successful bidder of its obligations pursuant to the terms of this
Agreement (including by preventing, hindering or delaying such
performance), but only if and to the extent that such events and
circumstances are not within the successful bidder’s reasonable control
and were not reasonably foreseeable and the effects of which the

successful bidder could not have prevented or overcome by acting as a

Reasonable and Prudent person or, by the exercise of reasonable skill
and care. Force Majeure events and circumstances shall in any
event include the following events and circumstances to the extent
they or their consequences satisfy the requirements set forth above
in this Clause
(i) the effect of any element or other act of God, including any storm,
flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or
other natural disaster;
(ii) fire, accident, loss or breakage of facilities or equipment, structural

collapse or explosion;
(iii) epidemic, plague or quarantine;
(iv) air crash, shipwreck, or train wreck;
(v) acts of war (whether declared or undeclared), sabotage, terrorism or

act of public enemy (including the acts of any independent unit or
individual engaged in activities in furtherance of a programme of
irregular warfare), acts of belligerence of foreign enemies (whether
declared or undeclared), blockades, embargoes, civil disturbance,
revolution, rebellion or insurrection, exercise of military or usurped
power, or any attempt at usurpation of power;
(vi) radioactive contamination or ionizing radiation;
(B) Notice and Reporting:
(i) The Successful bidder shall as soon as reasonably practicable after

the date of commencement of the event of Force Majeure, but in any
event no later than two (7) days after such commencement date,
notify the BPCL in writing of such event of Force Majeure and provide
the following information:
(a) Reasonably full particulars of the event or circumstance of Force

Majeure and the extent to which any obligation will be prevented
or delayed;
(b) such date of commencement and an estimate of the period of

time required to enable the successful bidder to resume full
performance of its obligations; and
(c) all relevant information relating to the Force Majeure and full
details of the measures the successful bidder is taking to
overcome or circumvent such Force Majeure.
(ii) The Successful bidder shall, throughout the period during which it is
prevented from performing, or delayed in the performance of, its
obligations under this Agreement, upon request, give or procure
access to examine the scene of the Force Majeure including such

information, facilities and sites as the other Party may reasonably

request in connection with such event. Access to any facilities or
sites shall be at the risk and cost of the Party requesting such
information and access.
(C) Mitigation Responsibility:
(i) The Successful bidder shall use all reasonable endeavours, acting
as a Reasonable and Prudent Person, to circumvent or overcome
any event or circumstance of Force Majeure as expeditiously as
possible, and relief under this Clause shall cease to be available to
the Successful bidder claiming Force Majeure if it fails to use such
reasonable endeavours during or following any such event of Force
Majeure.
(ii) The Successful bidder shall have the burden of proving that the
circumstances constitute valid grounds of Force Majeure under this
Clause and that it has exercised reasonable diligence efforts to
remedy the cause of any alleged Force Majeure.
(iii) The Successful bidder shall notify BPCL when the Force Majeure
has terminated or abated to an extent which permits resumption of
performance to occur and shall resume performance as
expeditiously as possible after such termination or abatement.
(D) Consequences of Force Majeure. Provided that the Successful
bidder has complied and continues to comply with the obligations of
this Clause and subject to the further provisions:
(i) the obligations of the Parties under this Agreement to the extent
performance thereof is prevented or impeded by the event of Force
Majeure shall be suspended and the Parties shall not be liable for
the non-performance thereof for the duration of the period of Force
Majeure; and
(ii) the time period(s) for the performance of the obligations of the
Parties under this Agreement to the extent performance thereof is
prevented or impeded by the event of Force Majeure shall be
extended for the duration of the relevant period of Force Majeure
except as provided herein.
(iii) In the event of any shortfall in the delivery of the material due to
occurrence of a force majeure event for a continuous period of 30
(thirty) days or more, Corporation may solely at their discretion
reduce the total contracted quantity, to the extent of the quantities of
material which were required to be supplied during the existence of
the force majeure conditions on a prorata basis, and the
successful bidder shall not be entitled to claim any damages from
the Corporation on account thereof. Nor the Corporation shall be
entitled to claim damages from the successful bidder on account of
non-delivery of such quantity pruned from the total contracted
quantity.
(E) Force Majeure Events Exceeding 60 Days

(i) If an event or series of events (alone or in combination) of Force

Majeure occur, and continue for a period in excess of 60 consecutive
days, then BPCL shall have the right to terminate this agreement,
whereupon the Parties shall meet to mitigate the impediments
caused by the Force Majeure event.
18. COMPLIANCE OF REGULATIONS

Successful bidder warrants that all goods/Materials covered by this order
have been produced, sold, dispatched, delivered and furnished in strict
compliance with all applicable laws regulations, labour agreement, working
condition and technical codes and statutory requirements as applicable from
time to time. The successful bidder shall ensure compliance with the above
and shall indemnify owner against any actions, damages, costs and expenses
of any failure to comply as aforesaid
19. INDEMNIFICATION
Successful bidder shall fully indemnify and keep indemnified the Owner
against all claims of whatsoever nature arising during the course and out of
the execution of this Order/Contract.
20. SETTLEMENT OF DISPUTES

a. Except as otherwise specifically provided in the Order/Contract, all
disputes concerning questions of the facts arising under the
Order/Contract, shall be decided by Owner, subject to written appeal by
the successful bidder to the Owner, whose decision shall be final.
b. Any disputes or differences shall be to the extent possible settled amicably
between the parties hereto, failing which the disputed issues shall be
settled through arbitration.
c. The successful bidder shall continue to perform the Order/Contract,
pending settlement of dispute(s).
21. ARBITRATION
a) Any dispute or difference of any nature whatsoever any claim, cross-
claim, counter-claim or set-off or regarding any right, liability, act, omission
or account of any of the parties hereto arising out of or in relation to this
agreement other than those in respect of which, the decision of any person
is, by the purchase order or Agreement, expressed to be final and binding,
shall be referred to the sole arbitration of the Director (Marketing) of the
Corporation who may either himself act as the arbitrator or nominate some
other Officer of the Corporation, irrespective of his relationship with the
corporation, to act as the Arbitrator.
b) It is known to the parties herein that the Arbitrator appointed hereunder is
an employee of the Corporation and may be Share holder of the
Corporation. The successful bidder will not be entitled to raise any
objection to any such arbitrator on the ground that the arbitrator is an
officer and/or shareholder of the Corporation.

c) In the event of the Arbitrator to whom the matter is originally referred to

being transferred, he shall be entitled to continue with the Arbitration
proceedings notwithstanding his transfer, unless the Director (Marketing)
at the time of such transfer or at any time thereafter, designate another
person to act as Arbitrator in his place in accordance with the terms of this
agreement.
d) In the event of the Arbitrator to whom the matter is originally referred,
vacating his office or being unable to act for any reason, the Director
(Marketing) at the time of vacation of office or inability or refusal to act,
shall designate another person to act as arbitrator in accordance with the
terms of this agreement.
e) The Arbitrator newly appointed by the Director (Marketing) under clause
(c) or under clause (d) above shall be entitled to proceed with the
reference from the point at which it was left by his predecessor.
f) It is an express term of this contract that no person other than the Director
(Marketing) or a person nominated by such Director (Marketing) of the
Corporation as aforesaid shall act as Arbitrator hereunder. If for any
reason Director (Marketing) is unable or unwilling or refuses or fails to act
as Arbitrator or nominate an Arbitrator then the Matter in dispute shall not
be referred to Arbitration at all.
g) The language of the proceedings will be English and the place of
proceedings will be Mumbai.
h) The award of the Arbitrator so appointed shall be final, conclusive and
binding on all parties to the agreement subject to the provisions of the
Arbitration and Conciliation Act , 1996 or any statutory modification or re-
enactment thereof and the rules made there under for the time being in
force shall apply to the Arbitration proceedings under this clause.
i) The award shall be made in writing and published by the Arbitrator as
required under the law.
j) The arbitrator shall have power to order and direct either of the
parties to abide by, observe and perform all such directions as the
arbitrator may think fit having regard to the matters in difference i.e.
dispute before him. The arbitrator shall have all summary powers and may
take such evidence oral and /or documentary as the arbitrator in his
absolute discretion thinks fit and shall be entitled to exercise all powers
under the Arbitration and Conciliation Act, 1996 or any subsequent
amendment thereof, including admission of any affidavit as evidence
concerning the matter in difference i.e. dispute before him.
k) The party against whom the arbitration proceedings have been
initiated , that is to say, the respondent in the proceeding, shall be entitled
to prefer a cross – claim, counter-claim or set-off before the arbitrator in
respect of any matter in issue arising out of or in relation to the agreement
without seeking a formal reference for arbitration to the Director
(Marketing) for such counter-claim, cross-claim, or set-off and the
arbitrator shall be entitled to consider and deal with the same as if the
matters arising there from have been referred to him originally and
deemed to form part of the reference made by the Director (Marketing).

l) The arbitrator shall be at liberty to appoint, if necessary, any

accountant or engineer or other technical person to assist him and to act
on the opinion taken from such person.
m) The arbitrator shall have power to make one or more awards whether
interim or otherwise in respect of the dispute and difference and in
particular will be entitled to make separate awards in respect of claims or
cross-claims of the parties. The arbitrator shall be entitled to direct anyone
of the parties to pay the costs of the other party in such manner and to
such extent as the Arbitrator may in his discretion determine and shall also
be entitled to require one or both the parties to deposit funds in such
proportion to meet the Arbitrator’s expenses whenever called upon to do
so.
n) The parties hereby agree that the Courts in the city of Mumbai alone shall
have jurisdiction to entertain any application or other proceedings in
respect of anything arising under this Agreement and any Award or
Awards made by the Sole Arbitrator hereunder shall be filed, if required, in
the concerned Courts in the City of Mumbai alone.
22. NON WAIVER

Failure of the Owner to insist upon any of the terms or conditions incorporated
in the Purchase Order or failure or delay to exercise any rights or remedies
herein, or by law or failure to properly notify successful bidder in the event of
breach or the acceptance of or payment of any goods hereunder or approval
of design shall not release the successful bidder and shall not be deemed a
waiver of any right of the Owner to insist upon the strict performance thereof
or of any of its or their rights or remedies as to any such goods regardless or
when goods are shipped, received or accepted nor shall any purported oral
modification or revision of the order by BPCL act as waiver of the terms
hereof. Any waiver to be effective must be in writing
23. COMPLIANCE OF REGULATIONS

Successful bidder warrants that all goods/Materials covered by this order
have been produced, sold, dispatched, delivered and furnished in strict
compliance with all applicable laws, regulations, labour agreement, working
condition and technical codes and statutory requirements as applicable from
time to time. The successful bidder shall ensure compliance with the above
and shall indemnify owner against any actions, damages, costs and expenses
of any failure to comply as aforesaid.
24. CANCELLATION :
a) BPCL reserves the right to cancel the contract/purchase order or any part
thereof through a written notice to the bidder if.
 The bidder fails to comply with the terms of this purchase

order/contract.

 The bidder becomes bankrupt or goes into liquidation.
 The bidder fails to deliver the goods on time and/or replace the rejected
goods promptly.
 The bidder makes a general assignment for the benefit of creditors.
 A receiver is appointed for any of the property owned by the bidder.
b) Upon receipt of the said cancellation notice, the bidder shall discontinue
all work on the purchase order matters connected with it. BPCL in that
event will be entitled to procure the requirement in the open market and
recover excess payment over the bidder's agreed price if any, from the
bidder and also reserving to itself the right to forfeit the security deposit if
any, made by the bidder against the contract. The bidder is aware that the
said goods are required by BPCL for the ultimate purpose of materials
production and that non-delivery may cause loss of production and
consequently loss of profit to the BPCL. In this-event of BPCL exercising
the option to claim damages for non delivery other than by way of
difference between the market price and the contract price, the bidder
shall pay to BPCL, fair compensation to be agreed upon between BPCL
and the bidder. The provision of this clause shall not prejudice the right of
BPCL from invoking the provisions of price reduction clause mentioned in
10 as aforesaid.
25. JURISDICTION
The parties hereby agree that the courts in the city of Mumbai alone shall
have jurisdiction to entertain any application or other proceedings in respect of
anything arising under this Agreement and any award or awards made by the
sole arbitrator hereunder shall be filed in the concerned courts in the aforesaid
city only.
26. VALIDITY OF THE CONTRACT
The total requirement shown in this contract is for the delivery period quoted
by the successful bidder but not exceeding 60 (sixty) days from the date
of placement of LoI (excluding the date of LoI).
In case of any dispute in the interpretation of the terms and conditions of the
tender, the decision of the Corporation shall be final and binding.
27. HOLIDAY LISTING:

(a) The following expressions used in this clause shall have the meaning
indicated against each of these, unless the context otherwise requires:
 Agency:

“Party/Contractor/Supplier/Bidder/Consultant/Bidder/Licensor” in the
context of these guidelines is indicated as ‘Agency’; “Party/
Contractor/Supplier/Bidder/ Consultant/bidders/Licensor” shall mean
and include a public limited company or a private limited
company, a joint venture, Consortium, HUF, a firm whether
registered or not, an individual, co-operative society or an
association or a group of persons engaged in any commerce, trade,
industry etc.
 Appellate Authority: “Appellate Authority” shall mean the concerned
functional Director of BPCL or any other authority nominated by
the C & MD. The Appellate authority shall be higher than the
“Competent Authority”.
 Competent Authority: “Competent Authority” shall mean the
authority, who is competent to take final decision for Banning of
business dealings with Agencies, in accordance with these
guidelines:
 The Competent Authority for a Procurement Department which
is initiating the Holiday Listing process should be the Regional
head (or) SBU / Entity head as the case may be relevant to the
said Procurement Department, but not below the level of General
Manager
 Corporation: “Corporation” means Bharat Petroleum Corporation
Ltd. with its Registered Office at Bharat Bhavan-I, 4&6 Currimbhoy
Road, Ballard Estate, Mumbai-400001.
 Corrupt Practice: “Corrupt Practice” means the offering, giving,
receiving or soliciting, directly or indirectly, anything of value to
improperly influence the actions in selection process or in contract
execution. Corrupt Practice” also includes any omission for
misrepresentation that may mislead or attempt to mislead so that
financial or other benefit may be obtained or an obligation
avoided.
 Fraudulent Practice: “Fraudulent Practice” means and include any
act or omission committed by a agency or with his connivance
or by his agent by misrepresenting/ submitting false documents
and/ or false information or concealment of facts or to deceive in
order to influence a selection process or during execution of
contract/ order;
 Collusive Practice : “Collusive Practice” amongst bidders (prior to
or after bid submission)” means a scheme or arrangement
designed to establish bid prices at artificial non-competitive levels
and to deprive the Employer of the benefits of free and open
competition.
 Coercive Practice: “Coercive practice” means impairing or harming
or threatening to impair or harm directly or indirectly, any agency or
its property to influence the improperly actions of an agency,
obstruction of any investigation or auditing of a procurement
process.
 Officer-in-Charge: “Officer –in-Charge (OIC)” or “Engineer-in-Charge

(EIC)” shall mean the person (s) designated to act for and on
behalf of BPCL for the execution of the work as per requirement
of the concerned department.
 Malpractice : Malpractice means any Corrupt Practice, Fraudulent
Practice, Collusive Practice or Coercive practice as defined herein;
 Misconduct : “Misconduct” means any act or omission by the
Agency, making it liable for action for Holiday Listing as per these
guidelines
 Nodal Department: “Nodal Department” means the Department
primarily assigned with the role of overseeing the Holiday Listing
Process to ensure adherence to guidelines, maintaining, updating
and publishing the list of Agencies with whom BPCL has decided
to ban business dealings and shall be the Corporate Finance
Department.
 Bidder De-listment Committee: “Bidder De-listment Committee”
relevant to the procurement department which initiates the holiday
listing process would the same as the bidder enlistment Committee
as per DR&A of the concerned SBU/Entity.
(b) An Agency may be placed in Holiday List for any one or more of the
following circumstances for the period mentioned herein:
i. In the context of its dealings with the Corporation:
S. No Reasons for holiday listing Period of

holiday
listing
1 Indulged in malpractices resulting in financial loss to the 15years
Corporation
2 Submitted fake, false or forged documents / certificates 3years
3 Has substituted materials in lieu of materials supplied by 15years
BPCL or has not returned or has unauthorized disposed
off materials/documents/drawings/tools or plants or
equipment supplied by BPCL
4 Has deliberately violated and circumvented the provisions 3years
of labour laws/regulations/rules, safety norms,
environmental norms or other statutory requirements
5 Has deliberately indulged in construction and erection of 3years
defective works or supply of defective materials
6 has not cleared BPCLs previous dues if applicable 1year
7 Has committed breach of contract or has abandoned the 3years
contract
8 Poor performance of the Agency in one or several 1year
contracts
9 Has not honoured the fax of award/letter of award/ 1year
Contract/Purchase order after the same is issued by BPCL

10 Withdraws/revises the bid upwards after becoming the L1 1year

bidder
11 Has parted with, leaked or provided confidential/ 15years
proprietary information of BPCL to any third party without
the prior consent of BPCL
ii. Following additional grounds can also be reasons for Holiday Listing
of an agency:
S. No Reasons for holiday listing Period of

holiday
listing
1 If the Agency is or has become bankrupt , OR is being 3years
dissolved OR has resolved to be wound up OR if
proceedings for winding up or dissolution has been
instituted against the Agency
2 Any other ground, including transgression of Integrity Pact, 3years
which, in the opinion of the Corporation, makes it
undesirable to deal with the Agency; In the case of
transgression of Integrity Pact, the same should be
substantiated by the verdict of the Independent External
Monitor
iii. In cases where Holiday Listing is proposed based on advice from the
Administrative Ministry, no show cause or formal decision by
competent authority will be required. The Nodal Department will
directly intimate the Agency that they have been placed in Holiday
Listing by BPCL based on the Ministry’s advice
(c) Provision for Appeal

• An agency aggrieved with the decision of the Competent Authority
shall have the option of filing an appeal against the decision of the
Competent Authority within a maximum of 15 days from the date of
receipt of intimation of holiday listing.
• Any appeal filed after expiry of the above period shall not be
considered by the Appellate Authority;
• On receipt of the Appeal from the Agency, the Appellate Authority, if it
so desires, may call for comments from the Competent Authority;
• After receipt of the comments from the Competent Authority, the
Appellate Authority, if it so desires, may also give an opportunity for
personal hearing, to the Appellant Agency;
• After examining the facts of the case and documents available on
record and considering the submissions of the Appellant Agency, the
Appellate Authority may pass appropriate order by which the Appellate
Authority may either :
i. Uphold the decision of Competent authority with or without any

variation/lesser period of Holiday Listing; OR

ii. Annul the order of the Competent Authority.
• No Appeal is permitted in case an Agency is placed in Holiday List by
BPCL, based on Ministry’s advice.
(d) Effect of Holiday Listing

• No enquiry/bid/tender shall be entertained with an Agency as long as
the ‘Agency’ name appears in the Holiday list.
• If an ‘Agency’ is put on the Holiday list during tendering:
i. If an‘ Agency’ is put on Holiday List after issue of the
enquiry/bid/tender but before opening of the un-priced bid, the
un-priced bid of the ‘Agency’ shall not be opened and BG/EMD,
if submitted by the ‘Agency’ shall be returned. If an ‘Agency’ is
put on Holiday List after un-priced bid opening but before price
bid opening, the price bid of the ‘Agency’ shall not be opened
and BG/EMD submitted by the ‘Agency’ shall be returned .
ii. If an ‘Agency’ is put on Holiday List after opening of price bid
but before finalization of the tender, the offer of the ‘Agency’
shall be ignored and will not be further evaluated and the
BG/EMD if any submitted by the ‘Agency’ shall be returned, The
‘Agency’ will not be considered for issue of order even if the
‘Agency’ is the lowest(L1). In such situation next lowest shall be
considered as L1;
iii. If contract with the ‘Agency’ concerned is in operation,
(including cases where contract has already been awarded
before decision of holiday listing) normally order for Holiday
Listing from business dealings cannot affect the contract,
because contract is a legal document and unless the same is
terminated in terms of the contract, unilateral termination will
amount to breach and will have civil consequences.
(e) Revocation of suspension order

“A Holiday Listing order may, on a review during its currency of operation,
be revoked by the competent authority if it is of the opinion that the
disability already suffered is adequate in the circumstances of the case,
and the Agency has taken appropriate action to avoid recurrence. “
The entire guidelines and procedures for Holiday Listing are available in
BPCL website and they can be accessed @:
http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf .

CRFQ NO. 1000217132 ANNEXURE VI
DELIVERY PARTICULARS
Delivery Particulars
1. Delivery Addresses
Material shall have to be handed over to the authorized/nominated officer-in-

charge available at the delivery addresses mentioned below:
Sr.No. ADDRESS
1 MR. KUMAR NANDAN SINGH
TERRITORY MANAGER-LUBES
BHARAT PETROLEUM CORP.LTD.
Sitapura Industrial Area,
Sanganer
JAIPUR-302022
MOBILE NO. 8058199788
2 MR. DUGGAL MANISH

C/O BPCL(BHARAT PETROLEUM) DEPOT
MADRI ROAD,
INFRONT OF P.I. INDUSTRIES
UDAIPUR-313003 (Tel.no.0294 2493147)
MOBILE: 9001187722
3 MR. BRIJ DUTTA

TEL BHAVAN,PLOT NO. - 6A
SECTOR-19B, MADHYA MARG
CHANDIGARH - 160019
MOBILE:08283886696
4 MR. ANKUR BHATNAGAR

SUCHI PIND DEPOT,
JALLANDHAR - 144001
MOBILE: 8872031725
5 Mr.. Manish Verma

17-A HASTING ROAD

ASHOK NAGAR
ALLAHABAD-211 003
MOBILE: 8004925605
6 MR. Dinesh S. Dhekne

94, MAHATMA GANDHI MARG
P.O. NO. 31,
LUCKNOW - 226001.
MOBILE : 9532779188
7 MR. ANIL BAHAL

BHARAT PETROELUM CORP LTD
A 5 & 6, SEC 1 , ( GROUND FLOOR)
NOIDA
DISTT GAUTAM BUDH NAGAR,
U.P. 201301
MOBILE:7840056213
8 MR. ABHISHEK GAUR

TERRITORY MANAGER-DELHI RESELLER
ECE HOUSE, 28-A, K.G. MARG
CONNAUGHT CIRCUS
NEW DELHI-110001
MOBILE: 9599594888
9 MR. AMARNATH DEB

BHARAT PETROLEUM CORPORATION LTD.
DU PARC TRINITY
PLOT NO.17, M.G.ROAD
7TH FLOOR, TRINITY CIRCLE
BANGALORE -560001
MOBILE: 9900897774
10 Janga Ramakrishna
TERRITORY MANAGER-LUBES(RESELLER)

1, RANGNATHAN GARDENS
OFF. 11TH MAIN ROAD
P.B. NO.1213
ANNANAGAR (WEST)
CHENNAI - 600040
MOBILE : 9003257789
11 MR. B. K. SRINIVASAN
NEAR BP-KR PETROL PUMP
AMBALAMUGAL
COCHIN-682302, KERALA
MOBILE NO.8089097787
12 MR. HAROON P AHMED

BHARAT PETROLEUM CORP. LTD.
Belgaum Territory
Zadshahapur
Desur, Belgaum, Karnataka - 590014.
MOBILE: 9448994460
13 MR. BODA SHRAVAN KUMAR

BHARAT PETROLEUM CORPORATION LIMITED,
RELIANCE HUMSAFAR 2ND FLOOR
NO.8-2-618/2 ROAD NO.11
BANJARA HILLS
HYDERABAD - 500 034
MOBILE: 7036778888
14 MR. KIRAN M
19/2, BURMAH SHELL LANE
BIG BAZAAR STREET
COIMBATORE - 641001
TAMILNADU
MOBILE: 9489964546

15 MR. BHARATH GOLI REDDY

BHARAT PETROLEUM CORPN.LTD.
1ST FLOOR, BPCL VISAKHA INSTALLATION
NEAR DHANAREDDY GODOWNS
V.M.NAVAL BASE (POST)
VISAKHAPATNAM 530 011
MOBILE: 7675964933
16 MR. PANKAJ MEENA

SUNNY SIDE, 7 CHITINIS MARG
BEHIND N.F.S. COLLEGE, CIVIL LINES
NAGPUR-440001
MOBILE:7507765436
17 MR. ABHISHEK SRIVASTAVA

1ST FLOOR, GOLDEN TRIANGLE BLDG.BPC Corner
NEAR SARDAR PATEL STADIUM
P.O. NAVJEEVAN
AHMEDABAD - 380014
MOBILE:9920593754
18 MR. PRAKASH SINGH

TERRITORY MANAGER - LUBES
LIMBDA CHOWK
OPP. SHASTRI MAIDAN, P.B. 55
RAJKOT - 360 001.
MOBILE: 9099061071
19 MR. AMIT SONKUSRE

TERRITORY MANAGER -LUBES
BHARAT PETROLEUM CORPORATION
HAZIRA DEPOT
ICCHAPORE ROAD
SURAT -394510
MOBILE: 9099796444

20 MR. RAVIKANT GOVINDU

A'BLOCK, OFFICE COMPLEX
GAUTAM NAGAR,
BHOPAL - 462023
MOBILE: 9826020983
21 MR. ASHISH NIGAM

SHAHAJANAND COMPLEX
2416, GEN.THIMMAYA ROAD
EAST STREET,, P.B.NO.61
PUNE - 411001
MOBILE: 09049249666
22 MR. Sankarnaryan Das

BHARAT PETROLEUM CORP.LTD.,
SHAHEED VEER NARAIN COMPLEX., 1ST FLOOR
NEAR COLLECTRATE, NAGAR GHADI CHOWK
RAIPUR - 492009(CHATTISGARH)
MOBILE:9826973099
23 MR. GARGATE VAIBHAV

KHARGHAR
NAVI MUMBAI - 400015
MOBILE: 9769355518
24 MR. MUKUND DHARMALA

1st FLOOR, NEXIA PARK, GMCH ROAD
ANANDA NAGAR, CHRISTIAN BASTI
GUWAHATI - 781005(ASSAM)
MOBILE: 8811079428

25 MR. PRABHAKAR DUTTA

RANCHI DEPOT, STATION ROAD
P.O.CHIUTIA, RANCHI, Jharkhand -834001
MOBILE: 8308980900
26 MR. MANISH KUMAR

VILL & P.O. PAKRI
VIA - ANISHABAD
PATNA-800002
MOBILE:9771405581
27 MR. SUDHAKAR BABU

BHARAT BHAVAN, PLOT NO.31, KIT SCHEME 188,
PRINCE GULAM MD. SHAH ROAD, GOLF GREEN
KOLKATA - 700095
MOBILE: 9866678585
28 MR. MIHIR JYOTI DATTA

ALOK BHARTI COMPLEX,
2ND FLOOR, SHAHIDNAGAR
BHUBANESHWAR-751007
MOBILE: 7077704832
29 MR. KANAN SUNDARAM

TERRITORY MANAGER-LUBES, MADURAI
Madurai Territory office
No.37, Tiruparankundram
Madurai Territory office
Tamil Nadu - 625004
MOBILE: 9442567877

30 MR. KUNTAL RASTOGI

TERRITORY MANAGER-DELHI DIRECT
ECE HOUSE, 28-A, K.G. MARG, CONNAUGHT CIRCUS
NEW DELHI - 110001.
MOBILE: 9869472456
31 MR. DEEPAK GUSAIN

TERRITORY MANAGER-LUBES(DIRECT) PUNE
SHAHAJANAND COMPLEX,
2416 GENERAL THIMMAYYA ROAD
EAST STREET, P.B. NO.61
PUNE - 411001
MOBILE:8879968169
32 MR. MAHIPAL SINGH RATHORE

TERRITORY MANAGER-LUBES MUMBAI (DIRECT)
SEWREE 'A' INSTALLATION
SEWREE FORT ROAD, SEWREE(E),
MUMBAI - 400015
MOBILE: 9920994047
33 MR. ANANTH KRISHNA

TERRITORY MANAGER-LUBES(DIRECT), CHENNAI
1, RANGNATHAN GARDENS
OFF. 11TH MAIN ROAD
P.B. NO.1212 & 1213, ANNANAGAR (WEST)
CHENNAI - 600040
MOBILE NO.9790950901
34 MR. NEERAJ TAYADE

TERRITORY MANAGER LUBES ( DIRECT)
BHARAT BHAVAN, PLOT NO.31,
PRINCE GULAM MD. SHAH ROAD, GOLF GREEN
KOLKATA - 700095
MOBILE NO:8017168444

2. Delivery Acknowledgement
Successful vendor shall have to obtain the delivery acknowledgement against

delivering the material, in the following format:

Supply & Distribution of Gold Medallion for BPCL
[Gold Medallion of 1 gms, 2 gms, 5 gms, 10 gms] Date:____/____/_______

BPCL OFFICE ADDRESS: _________________________________
_________________________________ _________________________________ ____
Name, Designation & Staff no. of authorized/nominated BPCL officer-in-charge (as per
the authorised list (Annexure VI ): __________________
Name and Designation of Successful vendor’s representative: ____________________

Gold coin denomination 1 gm 2 gm 5 gm 10 gm
No. of Gold Medallion (1/2/5/10gms)
(To be filled in triplicate. One copy to be retained by the office/location for record.
One copy to be sent to CMPM- LHQ. Original copy to be sent to CPO (Mktg.),
Sewree, Mumbai for reconciliation of account.)
Total Weight of Gold Medallions supplied: _______ (in figures) ______________

(in words) (based on number of 1/2/5 & 10 gms)
Signature by authorized/nominated BPCL officer-in-charge:
Signature: Name: Designation Emp. No. : Date : Office:
Counter Signature of the Successful vendor’s representative:
Signature: Name : Designation : Date : Office :

CRFQ NO. 1000243072 ANNEXURE VII
BANK GUARANTEE FORMAT
Format for Bank Guarantee in Lieu of Advance Payment

(To be stamped in accordance with stamp Act)
Ref. ________
Bank Guarantee No. ________________
Date ________________
To

A INSTALLATION,
SEWREE(EAST),
MUMBAI -400015.
Dear Sirs,
In consideration of BHARAT PETROLEUM CORPORATION LIMITED,

(hereinafter referred to as the ‘Owner’, which expression shall, unless repugnant
to the context or meaning thereof include its successors, administrators and
assigns) having awarded to M/s…………….(hereinafter referred to as the
“Supplier” which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a
Contract by issue of Owner`s Letter of Purchase Order
No……………dated…………..and the same having been acknowledged by the
Supplier, resulting in a Contract bearing No …….. dated………. valued
at…………………for…………………………..………..(scope of
work)………….(hereinafter called the ‘Contract’) and the Owner having agreed to
make an advance payment to the Supplier for performance of the above Contract
amounting to ………………………………(in words and figures) as an advance against
Bank Guarantee to be furnished by the Supplier.
We…………………… .......................................... ..... ………………………

(Name of the Bank)
having its Head Office at ……………………… and one of its branch offices at
…………………………………. (address of the branch office) (hereinafter referred to as
the ‘Bank’, which expression shall, unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns) do hereby
guarantee and undertake to pay the Owner, immediately on demand any or, all
monies payable by the Supplier to the extent of ……………as aforesaid at any
time upto and including……@…… without any demur, reservation, contest,
recourse or protest and/or without any reference to the Supplier. Any such
demand made by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Supplier or any
dispute pending before any Court, Tribunal, Arbitrator or any other authority. We
Supply & Distribution of Gold Medallion for BPCL Page 1 of 3

agree that the guarantee herein contained shall be irrevocable and shall continue
to be enforceable till the Owner discharges this guarantee.
The Owner shall have the fullest liberty without affecting in any way the liability of
the Bank under this guarantee, from time to time to vary the advance or to extend
the time for performance of the Contract by the Supplier. The Owner shall have
the fullest liberty without affecting this guarantee, to postpone from time to time
the exercise of any powers vested in them or of any right which they might have
against the Supplier, and to exercise the same at any time in any manner, and
either to enforce or to forbear to enforce any covenants, contained or implied, in
the Contract between the Owner and the Supplier or any other course or remedy
or security available to the Owner. The Bank shall not be released of its
obligations under these presents by any exercise by the Owner of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Owner or
any other indulgence shown by the Owner or by any other matter or thing,
whatsoever, which under law would, but for this provision have the effect of
relieving the Bank.
The Bank also agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Supplier and notwithstanding any security or other
guarantee that the Owner may have in relation to the Supplier’s liabilities.
Notwithstanding anything contained hereinabove our liability under this

guarantee is limited to ………….. and it shall remain in force upto and including
……..@………and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s………………………on whose
behalf this guarantee has been given.
Dated this………. day of …….20………..at……………………………………..
WITNESS
………………………………………… ……………………………………..
(Signature) (Signature)
………………………………………. ……………………………………..
(Name) (Name)
………………………………………… ……………………………………
(Official Address) (Designation with Bank Stamp)
Attorney as per
Power of Attorney No.__________
Date: _______________________

Note : (i) The bank guarantee shall be issued by (1) a Public Sector Bank or
(2) a Scheduled Indian Bank having paid up capital (net of any
accumulated losses) of Rs.100 crores or above (the latest annual
report of the Bank should support compliance of capital adequacy
ratio requirement) or (3) any foreign Bank or subsidiary of a foreign
Bank with overall international corporate rating or rating of long term
debt not less than A– (A minus) or equivalent by reputed rating
agency.
(ii) In case the successful Bidder is a Scheduled Bank, the bank
guarantee would have to be issued by a Bank, other than the
Bidder.
(iii) The non-judicial stamp papers of appropriate value shall be
purchased in the name of Bank who issues the Bank Guarantee.

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CENTRAL PROCUREMENT ORGANIZATION (MKTG)

BHARAT PETROLEUM CORPORATION LIMITED

TENDER FOR SUPPLY OF GOLD MEDALLIONS TO

CRFQ NO.: 1000243072

DUE ON: 20/11/15 AT 1500 HRS

Shri Shantanu Consul; To be contacted for:

a. Owner: Owner means Bharat Petroleum Corporation Limited (a Government of

c. Inspector: Person deputed by BPCL for inspection, checking and/or testing as

g. LBMA in the appropriate context means London Bullion Market Association

h. PSE in the appropriate context means Central Public Sector Enterprise

i. LoI in the appropriate context means Letter of Intent

j. PO in the appropriate context means Purchase Order

k. PR in the appropriate context means Price Reduction

Supply of Gold Medallion Package for BPCL Page 1 of 12

II. Supply Capacity:

Supply of Gold Medallion Package for BPCL Page 2 of 12

3. Delivery period & Price Payable

6. REFERENCE FOR DOCUMENTATION:

Supply of Gold Medallion Package for BPCL Page 3 of 12

7. RIGHT OF CORPORATION TO ACCEPT OR REJECT TENDER:

10. Techno-commercial Bid (consisting of all the attached Tender documents,

13. Earnest Money Deposit (EMD)

Supply of Gold Medallion Package for BPCL Page 4 of 12

It should be dropped in the tender box or sent by Registered Post/Courier to the

Central Procurement Organization (Mktg),

BPCL will not be responsible for non-receipt of instrument(s) / postal delay/loss

Supply of Gold Medallion Package for BPCL Page 5 of 12

14. The complete process for submitting the bid is as follows:

iv Upload the other documents as under (in pdf or jpg format) –

Supply of Gold Medallion Package for BPCL Page 6 of 12

18. Acceptance of Bids by the Corporation:

An affirmative determination will be prerequisite for qualifying in the techno-

Supply of Gold Medallion Package for BPCL Page 7 of 12

 Discount quoted on the LBMA AM Gold Rate

NDP = {((GR*[995/999]*WC*[1 – d/100]*Q*Ex) + [Q*ID*1000] + [IChg* Q])

Loading for advance payment = {((GR*[995/999]*WC*[1 – d/100]*Q*Ex) +

Supply of Gold Medallion Package for BPCL Page 8 of 12

21. Letter of Intent/ Purchase Order

Supply of Gold Medallion Package for BPCL Page 9 of 12

22. Anti –Competitive Agreements/Abuse of Dominant Position:

The Competition Act, 2002 as amended by the Competition (Amendment) Act,

25. Proforma for Price bid

Field Name Item Description Unit

Supply of Gold Medallion Package for BPCL Page 10 of 12

Supply of Gold Medallion Package for BPCL Page 11 of 12

Delivery charges incl octroi [in Rs. Total Delivery charges

Supply of Gold Medallion Package for BPCL Page 12 of 12

General Instructions to bidders for E-Tendering

1. Interested parties may download the tender from BPCL website

2. For registration on the e-tender site https://bpcleproc.in, one can be guided by

3. As a pre-requisite for participation in the tender, bidders are required to obtain

In case any bidder so desires, he may contact our e-procurement service

4. Corrigendum/amendment, if any, shall be notified on the site

i Accept the contents of the following annexures in toto by clicking on the

iv Upload the other documents as under (in pdf or jpg format) –

vi Submit the EMD [if applicable] in physical form or upload a copy of

7. Directions for submitting online offers, electronically, against e-procurement

(i) Bidders are advised to log on to the website (https://bpcleproc.in) and

NDP = {((GR[995/999]WC[1 – d/100]QEx) + [QID1000] + [IChg Q])

Loading for advance payment = {((GR[995/999]WC[1 – d/100]Q*Ex) +

a) Price of Gold = ((GR[995/999]WC[1 – d/100]Q*Ex) + [QID1000])

b) Incidental Charges = [IChgQ1][1+ED/100]*[ [1+ ST/100]