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Brahmaputra Cracker and Polymer Ltd.
(A Government of India Enterprise)
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BRAHMAPUTRA CRACKER AND POLYMER LIMITED
( )/ (A GOVERNMENT OF INDIA ENTERPRISE)
, .. /ADMINISTRATIVE BUILDING, PO: LEPETKATA
: , / DISTT.: DIBURGARH, ASSAM
786006/ PIN CODE: 786006
: 0373 2914636 / PHONE NO. 0373 2914636
/ E-TENDER NO: BCPL/C&P/LE19W147SD/90001240
/ DATE- 01.11.2019
/ TENDER DOCUMENT
FOR
"HIRING OF AUDITOR SERVICES FOR GST
AUDIT FOR FY 2018-19"
LIMITED DOMESTIC TENDER THROUGH e-MODE
Tender Submission Date & Time : 15.11.2019 at 14:30 Hrs
Tender Opening Date & Time : 16.11.2019 at 15:00 Hrs
Pre Bid meeting Date & Time : 07.11.2019 at 15:00 Hrs
EMD Amount : NOT APPLICABLE
Contact Person: - SAMRAT DUTTA
Administrative Building
BCPL Project Site, Lepetkata
Dibrugarh786006, Assam.
sdutta@bcplindia.co.in
0373-0373-2914582 / 2914636
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IMPORTANT INSTRUCTIONS
PLEASE NOTE THAT THIS "REQUEST FOR QUOTATION [RFQ]" IS ON "ZERO-DEVIATION"
BASIS. BCPL WILL ACCEPT OFFERS BASED ON TERMS AND CONDITIONS OF THIS
"REQUEST FOR QUOTATION [RFQ] & TENDER DOCUMENT" ONLY. DEVIATION TO TERMS
AND CONDITIONS OF "REQUEST FOR QUOTATION [RFQ] & TENDER DOCUMENT" MAY
LEAD TO REJECTION OF OFFER.
"INCOMPLETE BIDS SHALL NOT BE CONSIDERED"
PRIOR TO DETAILED EVALUATION, PURSUANT TO "BID EVALUATION AND REJECTION
CRITERIA", BCPL WILL DETERMINE THE SUBSTANTIAL RESPONSIVENESS OF EACH BID
TO THE "RFQ & TENDER DOCUMENT". FOR THE PURPOSE OF THIS, A SUBSTANTIALLY
RESPONSIVE BID IS ONE WHICH CONFORMS TO ALL THE TERMS AND CONDITIONS OF
THE BIDDING DOCUMENTS WITHOUT 'DEVIATIONS' OR 'RESERVATIONS / EXCEPTIONS'.
BCPL'S DETERMINATION OF A BID'S RESPONSIVENESS IS BASED ON THE CONTENT OF
THE BID ITSELF, WITHOUT RECOURSE TO EXTRINSIC EVIDENCE.
'TECHNICAL' AND/OR 'COMMERCIAL' QUERY(S), IF REQUIRED, MAY BE RAISED ON THE
BIDDER(S) THE DECISION FOR WHICH WILL BE SOLELY BASED ON CIRCUMSPECTION
BY 'BRAHMAPUTRA CRACKER AND POLYMER LIMITED'. HOWEVER, ISSUANCE OF
REQUEST FOR SUCH 'CLARIFICATIONS' SHALL NOT BE RESORTED TO MORE THAN
'ONCE'. THE 'RESPONSE(S)' TO THE SAME SHALL BE IN WRITING AND NO CHANGE IN THE
'PRICE(S)' OR 'SUBSTANCE' OF THE BIDS SHALL BE SOUGHT, OFFERED OR PERMITTED.
THE SUBSTANCE OF THE BID INCLUDES BUT NOT LIMITED TO PRICES, COMPLETION,
SCOPE, TECHNICAL SPECIFICATIONS, ETC.
BIDDERS ARE REQUESTED TO NOT TO TAKE ANY 'DEVIATION/EXCEPTION' TO THE
TERMS AND CONDITIONS LAID DOWN IN THIS "RFQ & TENDER DOCUMENT", AND
SUBMIT ALL REQUISITE DOCUMENTS AS MENTIONED IN THIS "RFQ & TENDER
DOCUMENT", FAILING WHICH YOUR OFFER WILL BE LIABLE FOR REJECTION.
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e-TENDER NO:BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR
FY 2018-19"
FAQ
[QUESTIONS AND ANSWERS]
SL
QUESTIONS ANSWER
NO.
Yes, please visit GAIL's/BCPL's website:
http://www.gailtenders.in; http://www.bcplonline.co.in and
Where the bidder can see the
1 Government portal https://eprocure.gov.in/eprocure/app for
Tender floated by BCPL?
complete details of tender document including qualifying
requirements, important dates, etc.
No, Bids shall be submitted only through e-tender mode in the
Whether Hard copies of Bids are E-TENDER PORTAL in the manner specified elsewhere in
2
acceptable? tender document. No Manual/ Hard Copy (Original) of
offer/bid is acceptable.
Whether EMD are prerequisite
Yes, as applicable as per tender condition specified in ITB of
3 for qualification of bidder in any
tender document.
tender?
Is there any guideline /
4 instructions how to prepare Yes, Please refer ITB Section of Tender Document.
EMD and Security Deposit?
(i) Yes, there is exemption in submission of EMD.
As per Government of India, Gazette No. 503 dated 26.03.2012
for PPP (Public Procurement Policy), Micro and Small
Enterprises (MSEs) registered with District Industries Centre or
Khadi and Village Industries Commission or Khadi and Village
Industries Board or Coir Board or National Small Industries
Corporation or Directorate of Handicrafts and Handloom or any
other body specified by Ministry of MSME (Micro, Small and
Is there any exemption in Medium Enterprises) are exempted on submission of EMD
5 submission of EMD and Security only for procurement of goods & services against submission
Deposit? of Valid NSIC Certificate/DIC The above documents
submitted by the bidder shall be duly certified by the
Chartered Accountant (not being an employee or a Director
or not having any interest in the bidder's company/firm)
and Notary Public with Legible stamp. MSEs those having
Udyog Aadhaar Memorandum are also eligible for availing the
benefits under the Public Procurement Policy".
(ii) There is no exemption in submission of SD (Security
Deposit).
Whether PSU (Public Sector
6 Undertaking) are exempted from Yes
submission of EMD
If in e-tendering, a bidder has
not uploaded the scanned copy
7 of EMD, however, he has No
submitted the EMD in hard copy
within 7days of bid opening,
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whether bid will be accepted or
not ?
Whether Late bid can be
8 No
considered?
Whether Pre-bid Meeting (PBC)
Yes, after floating of tender, bidders are open to participate as
is a part of all tenders to clarify
per the Date, Time and Venue specified in Section-I, IFB of
9 the doubts, queries, comments,
Tender Document to clarify their doubts, queries, comments,
etc (if any) pertaining to that
etc (if any) pertaining to that particular tender.
tender?
Is BEC (Bid Evaluation Criteria
/ Bidder's Eligibility Criteria) a Yes, Bid Evaluation Criteria/Bidder's Eligibility Criteria is a
10 part of any tender and a part of tender and a prerequisite of qualification of bidder in
prerequisite of qualification of any tender.
bidder in any tender?
In which mode of
bidding/tendering, BEC (Bid
Evaluation Criteria / Bidder's
BEC is included in tenders floated on Open Tender/Limited
11 Eligibility Criteria) a part of
Tender basis.
tender and a prerequisite of
qualification of bidder in any
tender?
Is there any Criteria for Yes, suitable BEC-technical is formulated which is usually
formulation of BEC (Bid incorporated in tender to ascertain the experience & BEC-
12 Evaluation Criteria / Bidder's Financial is also incorporated in tender to ascertain the
Eligibility Criteria) which is financial capability of bidder which is a qualifying criteria of
incorporated in Tender? tender depending upon the job requirement.
Whether BEC can be relaxed for No relaxation is permitted for inclusion of any bidder (s) who
13 any bidder after opening of do not meet the criteria in entirety for reason only to increase
Bids? the competition.
Whether BEC can be modified Amendment/ modification/ relaxation of BEC is not permitted
14
after opening of Bids? after opening of the bids.
Mobilization advance invariably not allowed in any tender.
In which case mobilization
advance is given and Only in exceptional cases (like high value tender with specific
15
incorporated in payment term of reason and specific job requirement) are allowed but with
tender document? interest bearing as per PLR Rate of SBI interest rate of base
rate of SBI plus 6.25%.
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TABLE OF CONTENTS
SECTION-I INVITATION FOR BIDS [IFB]
BID EVALUATION CRITERIA [BEC] &PRICE BID
SECTION-II
EVALUATION METHODOLOGY
INSTRUCTIONS TO BIDDERS [ITB] AND FORMATS
SECTION-III (TO BE READ IN CONJUNCTION WITH BIDDING DATA
SHEET (BDS)
SECTION-IV GENERAL CONDITIONS OF CONTRACT [GCC]
SPECIAL CONDITIONS OF CONTRACT [SCC]&SCOPE OF
SECTION-V
WORK [SOW]
HEALTH, SAFETY
SECTION-VI
ENVIRONMENT [HSE] SPECIFICATIONS
SECTION-VII SCHEDULE OF RATES [SOR]
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SECTION I
INVITATION FOR BIDS [IFB]
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SECTION I
INVITATION FOR BID [IFB]
To, Dt.01.11.2019
PROSPECTIVE BIDDERS
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
E-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir/Madam,
1.0 Brahmaputra Cracker and Polymer Limited, Lepetkata (A Government of India
Enterprise) invites bids from eligible bidders for the subject procurement, in complete
accordance with the following details and enclosed Tender Documents.
2.0 The brief details of the tender are as under:
PERIOD OF CONTRACT/ DELIVERY AS PER SCC OF THE TENDER
I :
SCHEDULE/PERIOD DOCUMENT
II Tender Fee NOT APPLICABLE
III EARNEST MONEY DEPOSIT (EMD) : NOT APPLICABLE
IV BID DUE DATE & TIME : 15.11.2019 up to 14:30 Hrs
V OPENING OF UNPRICED BID : 16.11.2019 at 15:00 Hrs.
90 DAYS from the date of opening of
VI VALIDITY OF OFFER UPTO :
unpriced bid.
Brahmaputra Cracker and Polymer Limited
(A Government of India Enterprise), C&P
VENUE FOR OPENING OF
VII
UNPRICED BIDS
Department, Administrative Building, PO:
Lepetkata, Distt.: Dibrugarh, Assam, Pin
Code:786006, Phone no. 0373 2914636.
Limited Domestic Competitive e-Bidding
(Under Two Bid System Basis) with uploading
in GAIL's/BCPL's Website:
VIII MODE OF TENDERING : https://www.gailtenders.in;
http://www.bcplonline.co.in; Govt. Website:
https://eprocure.gov.in/eprocure/app (NIC-CPP
Portal)
07.11.2019 at 15:00 hrs.
DATE AND TIME OF PRE- BID Brahmaputra Cracker and Polymer Limited,
IX C&P Department, Administrative Building,
CONFERENCE VENUE
PO: Lepetkata, Distt.: Dibrugarh, Assam,
Pin Code:786006, Phone no. 0373 2914636.
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In case of the days specified above happens to be a holiday in BCPL, the next working
day shall be implied.
3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB depending
upon Type of Tender as mentioned at Clause no. 2.0 (VIII) of IFB. As this being an
online tender, please refer INSTRUCTIONS FOR PARTICIPATION IN E-
TENDER (Pg. No. : From 56 to 65).The IFB is an integral and inseparable part of the
bidding document.
4.0 As the instant tender is through Manual Bids, bids complete in all respect should reach
at the address specified in Bid Data Sheet (BDS) on or before the due date & time. Bids
received after the due date and time is liable to be rejected. NOT APPLICABLE
5.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender
documents and not to stipulate any deviations/exceptions.
6.0 Any bidder, who meets the Bid Evaluation Criteria (BEC)/Bidder's Eligibility
Criteria(BEC) and wishes to quote against this tender, may download the complete
bidding document alongwith its amendment(s) if any from GAIL's website/BCPL's
website (http://gailtenders.in; http://www.bcplonline.co.in or
https://eprocure.gov.in/eprocure/app ) and submit their Bid complete in all respect as
per terms & conditions of Tender Document on or before the due date of bid
submission.
7.0 Offer(s) received from bidders to whom tender/information regarding tender has been
issued as well as offers received from the bidder(s) by downloading tender document
from GAIL's web site/BCPL's website shall be taken into consideration for evaluation
& award provided that the bidders are found responsive.
8.0 Clarification(s)/Corrigendum(s) if any shall also be available on above referred
websites.
9.0 All the bidders including those who are not willing to submit their bid are required to
submit F-11 (Acknowledgement cum Consent letter) duly filled within 7 days from
receipt of tender information.
10.0 SAP generated RFQ (if any) shall also form an integral part of the Tender Document.
11.0 BCPL reserves the right to reject any or all the bids received at its discretion without
assigning any reason whatsoever.
A Pre-Bid conference (PBC) is scheduled on 07.11.2019 at 15.00 HOURS in Conference
Room of C&P Department, Administrative Building, PO: Lepetkata, Distt.: Dibrugarh,
Assam, Pin Code:786006, Phone no. 0373 2914636., to discuss Scope of Work, Terms and
Conditions of tender document. For participation contact SM (C&P) Phone No. 07896760769
; Email ID: sdutta@bcplindia.co.in.
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This is not an Order.
For & on behalf of
Brahmaputra Cracker and Polymer limited
[Samrat Dutta]
SM [C&P]
Ph: +91-0373-2914635;
E-mail: sdutta@bcplindia.co.in;
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SECTION-II
BID EVALUATION CRITERIA [BEC]
AND
PRICE BID EVALUATIONMETHODOLOGY
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1.0 BID EVALUATION CRITERIA (BEC):
1.1 The bidder should be a Chartered Accountancy / Cost Accountancy Firm and
should have undertaken a VAT / GST Audit in any Petrochemicals / Fertilizers/
Petroleum Refinery/ Chemical Plant/ Power Plant/ Gas Processing Complex/
LPG Plant/ Offshore Platform Processing Complex / any other Manufacturing
Industry having an Annual Turnover of more than Rs. 210.00 Crore in any
preceding seven (07) years i.e. Experience before the period for the FY 2012-13
will not be considered for evaluation. The bidder has to submit the Work Order
Copy and Execution Certificate or equivalent in support of the same, from the
client in compliance of the BEC.
1.2 BEC- Financial: (NOT APPLICABLE)
1.3 Documents/Documentary Evidence required to be submitted by bidder along
with the other bid documents for qualifying the BEC mentioned at sl. no. 1.1 &
1.2:
Documents required along with Unpriced bid for
BEC
Sr. qualifying BEC (Bidder's Eligibility Criterion)
Clause Description
No. [All documents must be duly authenticated/ self-
no.
attested]
1.1 Technical Experience C riteria Document
a) Bidder must submit the Copy of
Order/LOA/Contract/ Agreement along with the
details of SOR items & scope of work for the
similar nature of work as mentioned at BEC
sl.no.1.1 above.
b) Copy of Completion Certificate or equivalent
against the Order/LOA/Contract/Agreement
Experience
submitted as mentioned at point "a" above, must
against
1. 1.1 be submitted. The Completion Certificate or
execution of
equivalent must contain the detailed information
order
like Order/ LOA/Contract/Agreement No. with
date, Brief Scope of work / Name of work, Order
value, Total executed value, Scheduled date of
Work completion and date of Actual work
completion etc. The Completion Certificate or
equivalentshould have been issued by the end-
user/owner/ authorized consultant.
1.2 Financial Experience Criteria- Not Applicable
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Note to above Bidder's Eligibility Criteria (point no. 1.0):
(i) The cut-off date for meeting the criteria of BEC of the tender shall be the due
date for submission of bids.
2.0 Methodology for Evaluation of Bids:
Bid of techno-commercially acceptable bidder will be evaluated on overall L1
basis.
In case of tie in quoted rates, at any stage between/among Bidders, the bidder
having higher Annual Turnover (in INR) for the Financial Year 2018-19 shall
be declared lower / lowest between/among them.
NB:
Only documents (Work Order, Completion certificate, Execution Certificate
etc.) which have been referred/ specified in the bid shall be considered in
reply to queries during evaluation of Bids.
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SECTION-III
INSTRUCTION TO BIDDERS [ITB]
(TO BE READ IN CONJUNCTION WITH
BIDDING DATA SHEET (BDS)
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SECTION-III
INSTRUCTION TO BIDDERS
INDEX
[A] GENERAL:
1. SCOPE OF BID
2. ELIGIBLE BIDDERS
3. BIDS FROM CONSORTIUM / JOINT VENTURE
4. ONE BID PER BIDDER
5. COST OF BIDDING & TENDER FEE
6. SITE-VISIT
[B] BIDDING DOCUMENTS:
7. CONTENTS OF BIDDING DOCUMENTS
8. CLARIFICATION OF BIDDING DOCUMENTS
9. AMENDMENT OF BIDDING DOCUMENTS
[C] PREPARATION OF BIDS:
10. LANGUAGE OF BID
11. DOCUMENTS COMPRISING THE BID
12. SCHEDULE OF RATES / BID PRICES
13 TAXES & DUTIES
14. BID CURRENCIES
15. BID VALIDITY
16. EARNEST MONEY / BID SECURITY
17. PRE-BID MEETING
18. FORMAT AND SIGNING OF BID
19. ZERO DEVIATION & REJECTION CRITERIA
20. E-PAYMENT
[D] SUBMISSION OF BIDS:
21. SUBMISSION,SEALING AND MARKING OF BIDS
22. DEADLINE FOR SUBMISSION OF BIDS
23. LATE BIDS
24. MODIFICATION AND WITHDRAWAL OF BIDS
[E] BID OPENING AND EVALUATION:
25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR
ALL BIDS
26. BID OPENING
27. CONFIDENTIALITY
28. CONTACTING THE EMPLOYER
29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
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30. CORRECTION OF ERRORS
31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
32. EVALUATION AND COMPARISON OF PRICE BIDS
[PRICE BID EVALUATION METHODOLOGY]
33. COMPENSATION FOR EXTENDED STAY
34. PURCHASE PREFERENCE
[F] AWARD OF CONTRACT:
35. AWARD
36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA]
37. SIGNING OF AGREEMENT
38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
39. PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL
ENTERPRISE
41. AHR ITEMS
42. VENDOR EVALUATION PROCEDURE
43. INCOME TAX & CORPORATE TAX
44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT
AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC
ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER
45. DISPUTE RESOLUTION
46. BILLING SYSTEM
47. TRANSPARENCY
48. SALE OF BID DOCUMENTS
49. SUBLETTING & ASSIGNMENT
50. Direct Payments to Sub-Vendors / Supporting Agencies of Main Contractor
[G] ANNEXURES:
1. ANNEXURE-I: PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
2. ANNEXURE-II: VENDOR PERFORMANCE EVALUATION PROCEDURE
3.ANNEXURE-III: BIDDING DATA SHEET (BDS)
[H] FORMS & FORMATS
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SECTION-III
INSTRUCTIONS TO BIDDERS [ITB]
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(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
[A] GENERAL
1 SCOPE OF BID
1.1 The Employer/ Owner/ BCPL as defined in the "General Conditions of Contract [GCC]",
wishes to receive Bids as described in the Bidding Document/Tender document issued by
Employer/Owner/BCPL.
1.2 SCOPE OF BID: The scope of Supply shall be as defined in the Bidding documents.
1.3 The successful bidder will be expected to complete the scope of Bid within the period stated
in Special Conditions of Contract.
1.4 Throughout the Bidding Documents, the terms 'Bid', 'Tender' & `Offer' and their derivatives
[Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means 'Calendar
Day' and 'Singular' also means 'Plural'.
2 ELIGIBLE BIDDERS
2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/
Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause
No. 39" (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).
2.2 The Bidder is not put on `Holiday' by GAIL/BCPL or Public Sector Project Management
Consultant (like EIL, Mecon only due to "poor performance" or "corrupt and fraudulent
practices") or banned/blacklisted by Government department/ Public Sector o n due date of
submission of bid. Further, neither bidder nor their allied agency/(ies) (as defined in the
Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on
banning list of GAIL/BCPL or the Ministry of Petroleum and Natural Gas.
If the bidding documents were issued inadvertently/ downloaded from website, offers
submitted by such bidders shall not be considered for opening/ evaluation/Award and will be
returned immediately to such bidders.
In case there is any change in status of the declaration prior to award of contract, the same has
to be promptly informed to BCPL by the bidder.
It shall be the sole responsibility of the bidder to inform BCPL in case the bidder is put on
`Holiday' by GAIL/BCPL or Public Secto r Project Management Consultant (like EIL,
Mecon. only due to "poor performance" or "corrupt and fraudulent practices") or
banned/blacklisted by Government department/ Public Sector on due date of submission of
bid and during the course of finalization of the tender. Concealment of the facts shall
tantamount to misrepresentation of facts and shall lead to action against such Bidders as per
clause 39 of ITB.
2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on
due date of submission of bid.
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In case there is any change in status of the declaration prior to award of contract, the same has
to be promptly informed to BCPL by the bidder.
It shall be the sole responsibility of the bidder to inform BCPL in case the bidder is under any
liquidation, court receivership or similar proceedings on due date of submission of bid and
during the course of finalization of the tender. Concealment ofthe facts shall tantamount to
misrepresentation of facts and shall lead to action against such Bidders as per clause no.39 of
ITB.
2.4 Bidder shall not be affiliated with a firm or entity:
(i) that has provided consulting services related to the Procurement to the Employer
during the preparatory stages of the Procurement or of the project of which the Supply
forms a part of or
(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant
for the contract.
2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract
nor its affiliates/ JV'S/ Subsidiaries shall be allowed to participate in the tendering process
unless it is the sole Licensor/Licensor nominated agent/ vendor.
2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all
necessary supporting documentary evidence to establish Bidder's claim of meeting
qualification criteria.
2.7 SUB-VENDOR/CONTRACTOR: Regarding consideration of experience acquired by a
bidder as a sub-contractor for meeting the experience criteria of BEC in tender: NOT
ACCEPTABLE.
2.8 No firm can be a sub-Contractor while submitting a bid individually in the same bidding
process.
3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM"- [FOR APPLICABILITY OF
THIS CLAUSE REFER BIDDING DATA SHEET(BDS)] NOT APPLICABLE FOR
THIS TENDER
4 ONE BID PER BIDDER
4.1 A bidder shall submit only one bid in the same bidding process either as single entity or as a
member of any consortium (wherever consortium bid is allowed). A bidder who submits or
participates in more than one bid will cause all the proposals in which the bidder has
participated to be disqualified.
4.2 More than one bid means bid(s) by bidders(s) having same proprietor / partners / Limited
Liability Partners in any other Bidder(s). Further, more than one bids shall also include two or
more bidders having common power of attorney holder.
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4.3 Failure to comply this clause during tendering process will disqualify all such bidders from
process of evaluation of bids.
4.4 Alternative bids shall not be considered.
4.5 The provision mentioned at sl. no. (4.1) and (4.2) shall not be applicable wherein bidder are
quoting for different items / Sections / Parts / Groups / SOR Items of the same tender which
specify evaluation on items / Sections / Parts / Groups / SOR item basis.
5 COST OF BIDDING & TENDER FEE
5.1 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of the Bid
including but not limited to Bank charges all courier charges including taxes & duties etc.
incurred thereof. Further, BCPL will in no case, be responsible or liable for these costs,
regardless of the outcome of the bidding process.
5.2 TENDER FEE
5.2.1 Tender Fee, if applicable, will be acceptable in the form of `crossed payee accounts only'
Demand Draft/ Banker's Cheque payable to BCPL. The Tender Fee is to be submitted along
with the bid. Offers sent without payment of requisite Tender Fee will be ignored
straightaway.
5.2.2 SMEs (Small & Micro Enterprises) are exempted from submission of Tender Fee in
accordance with the provisions of Public Procurement Policy for MSE- 2012 and Clause 40
of ITB. The Government Departments/PSUs are also exempted from the payment of tender
fee.
5.2.3 In the event of a particular tender being cancelled, the tender fee will be refunded to the
concerned bidders without any interest charges. No plea in this regard shall be entertained by
the Owner.
6 SITE VISIT-NOT APPLICABLE
[B] BIDDING DOCUMENTS
7 CONTENTS OF BIDDING DOCUMENTS
7.1 The contents of Bidding Documents / Tender Documents are those stated below, and should
be read in conjunction with any 'Addendum / Corrigendum' issued in accordance with "ITB:
Clause-9":
Section-I : Invitation for Bid [IFB]
Section-II : BID EVALUATION CRITERIA [BEC] &Price Evaluation
Methodology
Section-III : Instructions to Bidders [ITB]
Annexure
Forms & Format
Section-IV : General Conditions of Contract [GCC]
Section-V : Special Conditions of Contract [SCC]
Section-VI : Scope of Work[SOW] and Technical Specification [TS]
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Section-VII : Schedule of Rates
*Request for Quotation', wherever applicable, shall also form part of the Bidding Document.
7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding
Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all
its attachments thereto, shall be considered to be read, understood and accepted by the
Bidders. Failure to furnish all information required by the Bidding Documents or submission
of a Bid not substantially responsive to the Bidding Documents in every respect will be at
Bidder's risk and may result in the rejection of his Bid.
8 CLARIFICATION OF BIDDING DOCUMENTS
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify
BCPL in writing or by fax or email at BCPL's mailing address indicated in the BDS no later
than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is
scheduled) or 05 (five) days prior to the bid closing date in cases where pre-bid meeting
is not held.BCPL reserves the right to ignore the bidders request for clarification if received
after the aforesaid period. BCPL may respond in writing to the request for clarification.
BCPL's response including an explanation of the query, but without identifying the source of
the query will be uploaded on GAIL's/BCPL's tendering web site [ http://gailtenders.in;
http://www.bcplonline.co.in and Government Website] / communicated to prospective
bidders by e-mail/ fax.
8.2 Any clarification or information required by the Bidder but same not received by the
Employer at clause 8.1 (refer BDS for address) above is liable to be considered as "no
clarification / information required".
9 AMENDMENT OF BIDDING DOCUMENTS
9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the
Bidding Documents by addenda/ corrigendum.
9.2 Any addendum/ corrigendum thus issued shall be part of the Bidding Documents and may be
hosted on GAIL's/BCPL's website [http://gailtenders.in; http://www.bcplonline.co.in and
Government Website] /communicated to prospective bidders by e-mail/ fax. Bidders have to
take into account all such addendum/ corrigendum before submitting their bid.
9.3 The Employer, if consider necessary, may extend the date of submissions of Bid in order to
allow the Bidders a reasonable time to furnish their most competitive bid taking into account
the amendment issued thereof.
[C] PREPARATION OF BIDS
10 LANGUAGE OF BID:
The bid prepared by the bidder and all correspondence/drawings and documents relating to
the bid exchanged by the Bidder and BCPL shall be written in English language alone.
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11. DOCUMENTS COMPRISING THE BID
11.1 Bids are invited under the Manual Two Bid system. The Bid prepared by the Bidder shall
comprise the following components sealed in 2 different envelopes:
11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the
following:
(a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents and
Earnest Money Deposit (EMD).
(b) 'Bidder's General Information', as per 'Form F-1'.
(c) 'Bid Form', as per 'Form F-2'
(d) Copies of documents, as required in 'Form F-3'
(e) As a confirmation that the prices are quoted in requisite format complying with the
requirements copy of Schedule of Rate (SOR: Part I) with prices blanked out
mentioning quoted / not quoted (as applicable) written against each item.
(f) 'Letter of Authority' on the Letter Head, as per 'Form F-5'
(g) 'No Deviation Confirmation', as per 'Form F-6'
(h) 'Bidder's Declaration regarding Bankruptcy', in 'Form F-7'
(i) 'Certificate for Non-Involvement of Government of India ' from Bidder, as per 'Form
F-8'
(j) 'Agreed Terms and Conditions', as per 'Form F-10'
(k) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-11'
(l) Duly attested documents in accordance with the "BID EVALUATION CRITERIA
[BEC]" establishing the qualification.
(m) Undertaking on the Letter head, as per the Form F-12.
(n) Power of Attorney for authorized signatory in non-judicial stamp paper/copy of Board
Resolution, the authorized signatory shall be signing the bid and any consequence
resulting due to such signing shall be binding on the bidder.
(o) Any other information/details required as per Bidding Document
(p) All forms and Formats including Annexures.
(q) Tender Document duly signed/ digitally signed by the Authorized Signatory.
(r) Additional document specified in Bidding Data Sheet (BDS).
Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder.
11.1.2 ENVELOPE-II: Price Bid
i) The Prices are to be submitted strictly as per the Schedule of Rate (SOR : Part II) of
the bidding documents. BCPL shall not be responsible for any failure on the part of
the bidder to follow the instructions.
ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR
format or anywhere else in the offer. In case Bidder(s) intend to offer any
Rebate/Discount, they should include the same in the item rate(s) itself under the
"Schedule of Rates (SOR)" and indicate the discounted unit rate(s) only.
iii) If any unconditional rebate has been offered in the quoted rate the same shall be
considered in arriving at evaluated price. However no cognizance shall be taken for
any conditional discount for the purpose of evaluation of the bids.
iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto
Discount/Rebate after opening of unpriced bid but before opening of price bids such
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discount /rebate(s) shall not be considered for evaluation. However, in the event of the
bidder emerging as the lowest evaluated bidder without considering the
discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be
considered for Award of Work and the same will be conclusive and binding on the
bidder.
v) In the event as a result of techno-commercial discussions or pursuant to seeking
clarifications / confirmations from bidders, while evaluating the un-priced part of the
bid, any of the bidders submits a sealed envelope stating that it contains revised prices;
such bidder(s) will be requested to withdraw the revised prices failing which the bid
will not be considered for further evaluation.
vi) In case any bidder does not quote for any item(s) of "Schedule of Rates" and the
estimated price impact is more than 10% of the quoted price, then the bid will be
rejected. If such price impact of unquoted items is 10% or less of his quoted price,
then the unquoted item(s) shall be loaded highest of the price quoted by the other
bidders. If such bidder happens to be lowest evaluated bidder, price of unquoted items
shall be considered as included in the quoted bid price.
12 SCHEDULE OF RATES / BID PRICES
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works
as described in Bidding Documents, based on the rates and prices submitted by the Bidder
and accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes
except GST (CGST & SGST/UTGST or IGST).
12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender
document. If quoted in separate typed sheets and any variation in item description, unit or
quantity is noticed; the Bid is liable to be rejected.
12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for the
performance of the completed item considering all parts of the Bidding Document. In case
any activity though specifically not covered in description of item under "SOR" but is
required to complete the works as per Specifications, Scope of Work / Service, Standards,
General Conditions of Contract ("GCC"), Special Conditions of Contract ("SCC") or any
other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost
incurred for such activity.
12.4 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or for
any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be included in
the rates / prices and the total bid-price submitted by the Bidder. Applicable rate of GST
(CGST & SGST/ UTGST or IGST) on the contract value shall be indicated in Agreed
Terms & Conditions (Format-F10) and SOR.
12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the
Contract and will not be subject to variation on any account. Any new taxes & Duties, if
imposed by the State/ Govt. of India after due date of bid submission but before the
Contractual Delivery Date, shall be reimbursed to the contractor on submission of
documentary evidence for proof of payment to State/ Govt. Authorities and after ascertaining
it's applicability with respect to the contract.
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12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any discrepancy
between the prices indicated in figures and the price indicated in words. In case of any
discrepancy, the same shall be dealt as per clause no. 30 of ITB.
12.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) at the designated
place in SOR.
13 GST (CGST & SGST/ UTGST or IGST):
13.1 Bidders are required to submit copy of the GST Registration Certificate while submitting the
bids wherever GST (CGST & SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST or
IGST or UTGST). Please note that the responsibility of payment of GST (CGST&SGST or
IGST or UTGST) lies with the Supplier of Goods / Services only. Supplier of Goods /
Services (Service Provider) providing taxable service shall issue an Invoice/ Bill, as the case
may be as per rules/ regulation of GST. Further, returns and details required to be filled
under GST laws & rules should be timely filed by Supplier of Goods / Services (Service
Provider) with requisite details.
Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount
will be made provided the above formalities are fulfilled. Further, GAIL may seek copies of
challan and certificate from Chartered Accountant for deposit of GST (CGST &
SGST/UTGST or IGST) collected from Owner.
13.3 In case CBEC (Central Board of Excise and Customs)/ any equivalent government agency
brings to the notice of GAIL that the Supplier of Goods / Services (Service Provider) has not
remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from BCPL
to the government exchequer, then, that Supplier of Goods / Services (Service Provider) shall
be put under Holiday list of GAIL for period of six months as mentioned in Procedure for
Evaluation of Performance of Vendors/ Suppliers/Contractors/ Consultants.
13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to
change in turnover, payable on the contract value during contract period, the Supplier of
Goods / Services (Service Provider) shall submit a copy of the 'Government Notification' to
evidence the rate as applicable on the Bid due date and on the date of revision.
Beyond the contract period, in case BCPL is not entitled for input tax credit of GST (CGST
& SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST
or IGST) beyond the contractual delivery period shall be to Service Provider's account
whereas any decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed
on to the Owner.
Beyond the contract period, in case BCPL is entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then statutory variation in applicable GST (CGST &
SGST/UTGST or IGST) on supply and on incidental services, shall be to BCPL's account.
Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should
be raised within two [02] months from the date of issue of 'Government Notification' for
payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in
respect of above shall not be entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
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13.5 Where the BCPL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or
IGST):-
13.5.1 Owner/BCPL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Supplier of
Goods / Services (Service Provider) at actuals against submission of Invoices as per format
specified in rules/ regulation of GST to enable Owner/BCPL to claim input tax credit of GST
(CGST & SGST/UTGST or IGST) paid. In case of any variation in the executed quantities,
the amount on which the GST (CGST & SGST/UTGST or IGST) is applicable shall be
modified in same proportion. Returns and details required to be filled under GST laws &
rules should be timely filed by supplier with requisite details.
13.5.2 The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be considered
for evaluation of bids, as per evaluation criteria of tender document.
13.6 Where the BCPL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):-
13.6.1 Owner/BCPL will reimburse GST (CGST & SGST/UTGST or IGST) to the Supplier of
Goods / Services (Service Provider) at actuals against submission of Invoices as per format
specified in rules/ regulation of GST subject to the ceiling amount of GST (CGST &
SGST/UTGST or IGST) as quoted by the bidder, subject to any statutory variations, except
variations arising due to change in turnover. In case of any variation in the executed
quantities (If directed and/or certified by the Engineer-In-Charge) the ceiling amount on
which GST (CGST & SGST/UTGST or IGST) is applicable will be modified on pro-rata
basis.
13.6.2 The bids will be evaluated based on total price including applicable GST (CGST &
SGST/UTGST or IGST).
13.7 BCPL will prefer to deal with registered supplier of goods/ services under GST. Therefore,
bidders are requested to get themselves registered under GST, it not registered yet.
However, in case any unregistered bidder is submitting their bid, their prices will be loaded
with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of bid. Where
BCPL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will
be considered for evaluation of bid as per evaluation methodology of tender document.
13.8 In case BCPL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly
as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST
(CGST & SGST/UTGST or IGST) to be indicated by bidder in the SOR.
Where BCPL has the obligation to discharge GST (CGST & SGST/UTGST or IGST)
liability under reverse charge mechanism and BCPL has paid or is /liable to pay GST
(CGST & SGST/UTGST or IGST) to the Government on which interest or penalties
becomes payable as per GST laws for any reason which is not attributable to BCPL or ITC
with respect to such payments is not available to BCPL for any reason which is not
attributable to BCPL, then BCPL shall be entitled to deduct/ setoff / recover such amounts
against any amounts paid or payable by BCPL to Contractor / Supplier.
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13.9 Contractor shall ensure timely submission of invoice(s) as per rules/ regulations of GST with
all required supporting document(s) within a period specified in Contracts/ LOA to enable
BCPL to avail input tax credit. Further, returns and details required to be filled under GST
laws & rules should be timely filed by supplier with requisite details.
If input tax credit with respect to GST (CGST & SGST/UTGST or IGST) is not available
to BCPL for any reason which is not attributable to BCPL, then BCPL shall not be obligated
or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST) charged in the
invoice(s) and shall be entitled to / deduct/ setoff /recover the such GST (CGST &
SGST/UTGST or IGST UTGST) thereupon together with all penalties and interest if any,
against any amounts paid or payable by BCPL to Supplier of Goods / Services.
13.10 ANTI-PROFITEERING CLAUSE:
As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate
of tax or from input tax credit to the consumer by way of commensurate reduction in prices.
The Supplier of Goods / Services may note the above and quote their prices accordingly.
13.11 In case the GST rating of vendor on the GST portal / Govt. official website is
negative / black listed, then the bids may be rejected by BCPL. Further, in case rating of
bidder is negative / black listed after award award of work for supply of goods / services,
then BCPL shall not be obligated or liable to pay or reimburse GST to such vendor and shall
also be entitled to deduct / recover such GST along with all penalties / interest, if any,
incurred by BCPL.
14 BID CURRENCIES:
Bidders must submit bid in Indian Rupees only.
15 BID VALIDITY
15.1 Bids shall be kept valid for period specified in BDS from the final 'Bid Due Date'. A Bid
valid for a shorter period may be rejected by BCPL as 'non-responsive'.
15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the
Employer may request the Bidders to extend the 'Period of Bid Validity' for a specified
additional period. The request and the responses thereto shall be made in writing or by
fax/email. A Bidder may refuse the request without forfeiture of his 'Bid Security'. A Bidder
agreeing to the request will not be required or permitted to modify his Bid, but will be
required to extend the validity of its 'Bid Security' for the period of the extension and in
accordance with "ITB: Clause-16" in all respects.
16 EARNEST MONEY/BID SECURITY- :
(THE ORIGINAL DEMAND DRAFT OR BANK GUARANTEE SHALL BE FORWARDED TO BCPL.
THE ORIGINAL HARDCOPY OF DEMAND DRAFT OR BANK GUARANTEE OF EMD HAS TO BE
REACHED BCPL ON OR BEFORE 7 DAYS AFTER OPENING OF UN PRICE BID. OTHERWISE THE
BID SHALL BE REJECTED.)
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16.1 Bids must be accompanied with 'Earnest Money / Bid Security' in the form of 'Demand
Draft' or 'Banker's Cheque'[ in favor of Brahmaputra Cracker & Polymer Ltd., payable at
Dibrugarh, Assam] or 'Bank Guarantee'as per the format given in Form -4 of the bidding
documents. Bidders shall ensure that 'Bid Security', having a validity of at least ' two [02]
months' beyond the validity of the bid, must accompany the Bid in the format(s) made
available in the Bidding Document. Bid not accompanied with 'Bid Security', or 'Bid Security'
not in requisite form shall be liable for rejection. The Bid Security shall be submitted in
Indian Rupees only.
16.2 The 'Bid Security' is required to protect BCPL against the risk of Bidder's conduct, which
would warrant the 'Bid Security's' forfeiture, pursuant to "ITB: Clause-16.7"
16.3 BCPL shall not be liable to pay any Bank charges, commission or interest etc. on the amount
of 'Bid Security'. In case 'Bid Security' is in the form of a 'Bank Guarantee', the same shall be
from any Indian scheduled Bank or a branch of an International Bank situated in India and
registered with 'Reserve Bank of India' as Scheduled Foreign Bank. However, in case of
'Bank Guarantee' from Banks other than the Nationalized Indian Banks, the Bank must be
commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred
Crores] and a declaration to this effect should be made by such commercial Bank either in the
'Bank Guarantee' itself or separately on its letterhead. 'Earnest Money / Bid Security' shall be
valid for 'two [02] months' beyond the 'Bid Validity Period'
16.4 Any Bid not secured in accordance with "ITB: Clause-16.1 & Clause-16.3" may be rejected
by BCPL as non-responsive.
16.5 Unsuccessful Bidder's 'Earnest Money / Bid Security' will be discharged/ returned as
promptly as possible, but not later than 'thirty [30] days' after finalization of tender.
16.6 The successful Bidder's 'Bid Security' will be discharged upon the Bidder's acknowledging
the 'Award' and signing the 'Agreement' and furnishing the 'Contract Performance Security /
Security Deposit' pursuant to clause 37 & 38 of ITB.
16.7 Notwithstanding anything contained herein, the 'Bid Security' may also be forfeited in any of
the following cases:
(a) If a Bidder withdraws his Bid during the 'Period of Bid Validity'
(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice
(c) If the Bidder modifies bids during the period of bid validity (after submission date).
(d) Violates any other condition, mentioned elsewhere in the tender document, which may lead to
forfeiture of EMD.
(e) In the case of a successful Bidder, if the Bidder fails to:
(i) to acknowledge receipt the "Notification of Award" / "Fax of Intent [FOI]/
Fax of Acceptance[FOA]",
(ii) to furnish "Contract Performance Security / Security Deposit", in accordance
with "ITB: Clause-38"
(iii) to accept 'arithmetical corrections' as per provision of the clause 30 of ITB.
16.8 In case Bid Security is in the form of 'Bank Guarantee' or `Letter of Credit', the same must
indicate the Bid Document No. and the Work for which the Bidder is quoting. This is
essential to have proper correlation at a later date. The 'Bid Security' should be in the form
provided at 'Form F-4'/'Form F-4A'.
16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD/Bid Security
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in accordance with the provisions of PPP-2012 and Clause 40 of ITB. The Government
Departments/PSUs are also exempted from the payment of Bid Security. However,
Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.
The Government Departments/PSUs are also exempted from the payment of EMD. Further,
Startups are also exempted from the payment of EMD.
17 PRE-BID MEETING (IF APPLICABLE)
17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting"
which will be held at address specified in IFB. It is expected that a bidder shall not depute
more than 02 representatives for the meeting.
17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
17.3 Text of the questions raised and the responses given, together with any responses prepared
after the meeting, will be uploaded on GAIL's/BCPL's website against the Tender. Any
modification of the Contents of Bidding Documents listed in "ITB: Clause-7.1", that may
become necessary as a result of the Pre-Bid Meeting shall be made by the Employer
exclusively through the issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9",
and not through the minutes of the Pre-Bid Meeting.
17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
18 FORMAT AND SIGNING OF BID
18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the case of
copies, photocopies are also acceptable] and shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder (as per POA). The name and position held by each
person signing, must be typed or printed below the signature. All pages of the Bid except for
unamended printed literature where entry(s) or amendment(s) have been made shall be
initialed by the person or persons signing the Bid.
18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the Bid.
19 ZERO DEVIATION AND REJECTION CRITERIA
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19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to
rejection of bid. BCPL will accept bids based on terms & conditions of "Bidding Documents"
only. Bidder may note BCPL will determine the substantial responsiveness of each bid to the
Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this,
a substantially responsive bid is one which conforms to all terms and conditions of the
Bidding Documents without deviations or reservations. BCPL's determination of a bid's
responsiveness is based on the content of the bid itself without recourse to extrinsic evidence.
BCPL reserves the right to raise technical and/or commercial query(s), if required, may be
raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the
price(s) or substance of the bids shall be sought, offered or permitted. The substance of the
bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders
are requested to not to take any deviation/exception to the terms and conditions laid down in
this "Tender Documents", and submit all requisite documents as mentioned in this "Tender
Documents", failing which their offer will be liable for rejection. If a bidder does not reply to
the queries in the permitted time frame then its bid shall be evaluated based on the
documents available in the bid.
19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of
Tender document shall lead to summarily rejection of Bid:
(a) Firm Price
(b) Earnest Money Deposit / Bid Security
(c) Specifications & Scope of Work
(d) Schedule of Rates / Price Schedule / Price Basis
(e) Duration / Period of Contract/ Delivery Schedule
(f) Period of Validity of Bid
(g) Price Reduction Schedule
(h) Contract Performance Bank Guarantee / Security Deposit
(i) Guarantee / Defect Liability Period
(j) Arbitration / Resolution of Dispute/Jurisdiction of Court
(k) Force Majeure & Applicable Laws
(l) Any other condition specifically mentioned in the tender document elsewhere that non-
compliance of the clause lead to rejection of bid
Note: Further, it is once again reminded not to mention any condition in the Bid which is
contradictory to the terms and conditions of Tender document.
20 E-PAYMENT
BCPL has initiated payments to Suppliers and Contractors electronically, and to facilitate the
payments electronically through 'e-banking'. The successful bidder should give the details of
his bank account as per the bank mandate form.
[D] SUBMISSION OF BIDS
21 SUBMISSION, SEALING AND MARKING OF BIDS
21.1 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is not
sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for
misplacement or pre-mature opening of the bid.
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21.3 All the bids shall be addressed to the owner at address specified in IFB.
21.4 Bids submitted under the name of AGENT/ CONSULTANT/ REPRESENTATIVE
/RETAINER/ ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.
22 DEADLINE FOR SUBMISSION OF BIDS
22.1 BCPL may, in exceptional circumstances and at its discretion, extend the deadline for
submission of Bids (clause 9 of ITB refers). In which case all rights and obligations of BCPL
and the Bidders, previously subject to the original deadline will thereafter be subject to the
deadline as extended. Notice for extension of bid submission date will be uploaded on
GAIL's/BCPL's website/ communicated to the bidders.
23 LATE BIDS
23.1 Any bids received after the notified date and time of closing of tenders will be treated as late
bids.
23.2 In the instant manual tendering, bids received by BCPL after the deadline for submission of
bids shall not be considered. Such late bids shall be returned to the bidder within "10 days" in
`unopened conditions'. The bid bond of such bidders shall be returned along with the un-
opened bid.
23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the
tender document will not be considered for evaluation/opening/award if not received to the
specified destination within stipulated date & time.
24 MODIFICATION AND WITHDRAWAL OF BIDS
24.1 Modification and withdrawal of bids shall be as follows:-
24.1.1 FOR MANUAL BIDDING
The bidder may withdraw or modify its bid after bid submission but before the due date
for submission as per tender document provided that the written notice of the modification/
substitution/ withdrawal in received by BCPL prior to the deadline for submission of bid.
24.2 The modification shall also the prepared, sealed, marked and dispatch in accordance with the
provision of the clause 22 of ITB, with the after and inner envelopes additionally marked
modification or withdrawal as appropriate. A withdrawal notice may also be sent by e-mail or
fax but followed by a signed confirmation copy post not later than the deadline for
submission of bids. No bid shall be modified/ withdrawn after the deadline for submission of
bids.
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24.3 No bid shall be allowed to be withdrawn/ modified/substitute in the interval between the
deadline for submission of bids and the expiration of the period of bid validity specified
by the bidder on the Bid Form. Withdrawal/Modification/Substitution of a bid during this
interval shall result in the bidder's forfeiture of his bid security pursuant to clause 16 of ITB
and rejection of bid.
24.4 The latest bid hence submitted shall be considered for evaluation and all other bids shall be
considered to be unconditionally withdrawn.
24.5 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any
mistake committed by him in bidding or withdrawal of bid or modification of bid or varying
any term in regard thereof leading to re-tendering, BCPL shall forfeit EMD paid by the bidder
and such bidders shall be debarred from participation in re-tendering of the same
job(s)/item(s). Further, such bidder will be put on holiday for a period of six months after
following the due procedure.
25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS
BCPL reserves the right to accept or reject any Bid, and to annul the Bidding process and
reject all Bids, at any time prior to award of Contract, without thereby incurring any liability
to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders
of the ground for BCPL's action. However, Bidder if so desire may seek the reason (in
writing) for rejection of their Bid to which BCPL shall respond quickly.
[E] BID OPENING AND EVALUATION
26 BID OPENING
26.1 Unpriced Bid Opening:
BCPL will open bids, in the presence of bidders' designated representatives who choose to
attend, at date, time and location stipulated in the BDS. The bidders' representatives, who are
present shall sign a bid opening register evidencing their attendance.
26.2 Priced Bid Opening:
26.2.1 BCPL will open the price bids of those bidders who meet the qualification requirement and
whose bids is determined to be technically and commercially responsive. Bidders selected for
opening of their price bids shall be informed about the date of price bid opening. Bidders may
depute their authorized representative to attend the bid opening. The bidders' representatives,
who are present shall sign a register evidencing their attendance and may be required to be
present on a short notice.
26.2.2 The price bids of those bidders who were not found to be techno-commercially responsive
shall be unopened and returned unopened after opening of the price bids of techno-
commercially responsive bidders.
26.3 In case of bids invited under the single bid system, bid shall be opened on the specified due
date & time.
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27 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation, and comparison of Bids,
and recommendations for the award of a Contract, shall not be disclosed to Bidders or any
other persons not officially concerned with such process. Any effort by a Bidder to influence
the Employer's processing of Bids or award decisions may result in the rejection of the
Bidder's Bid and action shall be initiated as per procedure in this regard.
28 CONTACTING THE EMPLOYER
28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to
contact the Employer on any matter related to the Bid, it should do so in writing. Information
relating to the examination, clarification, evaluation & recommendation for award shall not
be disclosed.
28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation', 'Bid
Comparison', or 'Contract Award' decisions may result in the rejection of the Bidder's Bid and
action shall be initiated as per procedure in this regard.
29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
29.1 The owner's determination of a bid's responsiveness is based on the content of the bid only.
Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:-
(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security';
(d) Is substantially responsive to the requirements of the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may require to
determine responsiveness pursuant to "ITB: Clause-29.2"
29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations or reservations or
omissions for this purpose employer defines the foregoing terms below:-
a) "Deviation" is departure from the requirement specified in the tender documents.
b) "Reservation" is the setting of limiting conditions or w ithholding from complete
acceptance of the requirement in the tender documents.
c) "Omission" is the failure to submit part or all of the information or documentation
required in the tender document.
29.3 A material deviation, reservation or omission is one that,
a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance of the job as
specified in tender documents.
ii) Limit, in any substantial way, inconsistent with the Tender Document, the
Employer's rights or the tenderer's obligations under the proposed Contract.
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b) If rectified, would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been
met without any material deviation, reservation or omission.
29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the material deviation,
reservation or omission.
30 CORRECTION OF ERRORS
30.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:
(i) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the contractor (by multiplying the quantity
and rate) shall be taken as correct.
(ii) When the rate quoted by the contractor in figures and words tallies but the amount is
incorrect, the rate quoted by the contractor shall be taken as correct and not the
amount and the amount corrected.
(iii) When it is not possible to ascertain the correct rate, in the manner prescribed above,
the rate as quoted in words shall be adopted and the amount worked out, for
comparison purposes
30.2 The amount stated in the bid will be adjusted by the Employer in accordance with the above
procedure for the correction of errors. If the bidder does not accept the corrected amount of
bid, its bid will be rejected, and the bid security shall be forfeited.
31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.
32 EVALUATION AND COMPARISON OF BIDS
Bids shall be evaluated as per evaluation criteria mentioned in Section-II of bidding
documents (refer clause 7.0 of ITB) after considering the effect of cenvat credit entitled. The
employer shall only use the criteria and methodology indicated in Section-II of bidding
documents. No other criteria/ methodology shall be permitted.
33 COMPENSATION FOR EXTENDED STAY (FOR APPLICABLITY OF THIS
CLAUSE REFER BDS):-NOT APPLICABLE FOR THIS TENDER
34 PURCHASE PREFERENCE
Purchase preference to Central government public sector Undertaking and Micro and Small
Enterprises (MSEs) shall be allowed as per Government instructions in vogue.
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[F] AWARD OF CONTRACT
35 AWARD
Subject to "ITB: Clause-29", BCPL will award the Contract to the successful Bidder whose
Bid has been determined to be substantially responsive and has been determined as the lowest
provided that bidder, is determined to be qualified to satisfactorily perform the Contract.
36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE/LETTER OF INTENT
36.1 Prior to the expiry of 'Period of Bid Validity', BCPL will notify the successful Bidder in
writing, in the form of "Notification of Award" / "Fax of Intent [FOI]"/ "Letter of Intent"
through fax/e-mail, that his Bid has been accepted. The notification of award / Fax of
Intent/Fax of Acceptance will constitute the formation of the Contract.
36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in
the Notification of Award/Fax of Intent [FOI]/Letter of Intent. The "Notification of
Award"/"Fax of Intent [FOI]"/"Letter of Intent" will constitute the formation of a Contract,
until the Contract has been effected pursuant to signing of Contract as per "ITB: Clause-37".
Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security /
Security Deposit', pursuant to "ITB: Clause-38", BCPL will promptly discharge his 'Earnest
Money / Bid Security', pursuant to "ITB: Clause-16"
37 SIGNING OF AGREEMENT
37.1 BCPL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of
receipt of the same, shall sign and return the acknowledged copy to BCPL.
37.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the proforma
given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value [cost of
the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and of 'state' specified in
Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt of the "Letter of
Acceptance [LOA]" of the Tender by the successful Bidder/Contractor failure on the part of
the successful Bidder to sign the 'Agreement' within the above stipulated period,shall
constitute sufficient grounds for forfeiture of EMD/Security Deposit.
38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
8.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from BCPL, the
successful bidder shall furnish the Contract Performance Security/Guarantee in accordance
with General Conditions of the Contract/as stipulated in Section-II of tender document. The
Contract Performance Security/Guarantee shall be in the form of either Banker's Cheque or
Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the
Contract.
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38.2 The contract performance security shall be for an amount equal to 10% of order value
(excluding taxes & duties) specified in Bidding Data Sheet (BDS)/as stipulated in
Section-II of tender document towards faithful performance of the contractual
obligations and performance of equipment . For the purpose of Contract Performance
Security, Contract/order value shall be exclusive of taxes and duties.
Bank Guarantee towards performance security/ security deposit shall be from any Indian
scheduled bank or a branch of an International bank situated in India and registered with
Reserve bank of India as scheduled foreign bank in case of Indian bidder as well as foreign
bidder. However, in case of bank guarantees from banks other than the Nationalized Indian
banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and
a declaration to this effect should be made by such commercial bank either in the Bank
Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period
of three months beyond the delivery schedule as specified in Bid Data Sheet(BDS).
38.3 Failure of the successful bidder to comply with the requirements of this article shall constitute
sufficient grounds for the annulment of the award and forfeiture of the bid security.
38.4 The CPBG/Security deposit has to cover the entire contract value including extra
works/services also. As long as the CPBG/Security deposit submitted at the time of award
take cares the extra works/ services executed and total executed value are within the awarded
contract price, there is no need for additional security deposit/ Contract Performance Security.
As soon as the total executed value is likely to burst the ceiling of awarded contract price, the
contractor should furnish additional security deposit/ CPBG.
39 PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT/COLLUSIVE/
COERCIVE PRACTICES
39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is enclosed at
Annexure-I.
39.2 The Fraud Prevention Policy document is available on GAIL's/BCPL's website
(www.gailonline.com/www.bcplonline.com)
39.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF
VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS
INDULGED IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT
DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/
Consultants indulged in fraudulent/ coercive practices at the time of bidding, during execution
of the contract etc., and/or on other grounds as mentioned in GAIL's/BCPL's "Procedure for
action in case Corrupt/Fraudule nt/Collusive/Coercive Practices" (Annexure-I), the
contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance
of such order by Brahmaputra Cracker and Polymer Ltd., to such Vendors/ Suppliers /
Contractors/Bidders/ Consultants.
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The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in such
cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in terms of
aforesaid procedure) from the date of issuance of such order by Brahmaputra Cracker and
Polymer Ltd, such decision of Brahmaputra Cracker and Polymer Ltd shall be final and
binding on such Vendor/ Supplier / Contractor/ Bidder/Consultant and the `Arbitration clause'
in the GCC and other "CONTRACT DOCUMENTS" shall not be applicable for any
consequential issue /dispute arising in the matter.
40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES
40.1 Following provision has been incorporated in tender for MSEs, in line with notification of
Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public
Procurement Policy on procurement of goods and services from Micro and Small Enterprises
(MSEs)
i) Issue of tender document to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid Security.
iii) In Tender, participating Micro and Small Enterprises quoting price within the
price band of `L1 + 15%' shall also be allowed to supply a portion of
requirement by bringing down their prices to L1 price in a situation where L1
price is from someone other than a micro and small enterprise and such micro
and small enterprises shall be allowed to supply upto 25% of the tendered value.
In case of more than one such Micro and Small Enterprises , the supply shall be
shared proportionately (to tendered quantity). Further, out of above 25%, 5%
(20% of 25%) shall be reserved for MSEs owned by SC/ST entrepreneurs.
Further, 3% shall be reserved for MSEs owned by women within above 25%
reservation. The respective quota(s) shall be transferred to other MSEs in case
of non-availability of MSEs owned by SC/ST entrepreneurs/ MSEs owned by
women.
The quoted prices against various items shall remain valid in case of splitting of
quantities of the items above.
iv) In case Quantity Non- Split able :
In case tendered item is non-split able or non- dividable (specified in Bid Data
Sheet), MSE quoting price within price band L1 (other than MSE) + 15% , may
be awarded for full/ complete supply of total tendered value subject to matching
of L1 price.
In case more than one MSE bidder(s) quoting within the price band of L1+15%
and tender item is non-divisible, then in such case, the MSE bidder(s) shall be
asked to match the price of L1 bidder sequentially in the order of L2, L3, L4 &
so on.
In case of tie, the MSE bidder having highest turnover shall be awarded subject
to matching of L1 price.
40.2 The MSEs owned by SC/ST entrepreneurs shall mean:-
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a) In case of proprietary MSE, Proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in
the unit
c) In case of private Limited Companies, at least 51%share is held by SC/ST. If the MSE
is owned by SC/ST entrepreneurs, the bidder shall furnish appropriate documentary
evidence in this regard.
40.3 In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises
Development Act, 2006, the bidder shall submit the following :
a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with
District Industries Centers or Khadi and Village Industries National Small Industries
Corporation or Directorate of Handicrafts and Handloom or any other body specified
by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhaar
Memorandum.
b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
The above documents submitted by the bidder the shall be duly certified by the
Chartered Accountant (not being an employee or a Director or not having any interest
in the bidder's company/firm) and notary public with legible stamp.
If the bidder does not provide the above confirmation or appropriate document or any
evidence, then it will be presumed that they do not qualify for any preference admissible in
the Public Procurement Policy (PPP) 2012.
40.4 If against an order placed by BCPL, successful bidder(s) (other than Micro/Small Enterprise)
is procuring material/services from their sub-vendor who is a Micro or Small Enterprise
registered with District Industries Centers or Khadi and Village Industries Commission or
Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro,
Small and Medium Enterprises with prior consent in writing of the purchasing
authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No.
details of material & value of procurement made, etc. of such Enterprises shall be furnished
by the successful bidder at the time of submission of invoice/Bill.
41 AHR ITEMS
In items rate contract where the quoted rates for the items exceed 50% of the
owners/estimated Items rates, such items will be considered as Abnormally High Rates Items
(AHR) and Payment of AHR items beyond the SOR stipulated quantities shall be made at the
least of the following rates:
(I) Rates as per SOR, quoted by the contractor.
(II) Rate of the item, which shall be derived as follows:
Based on rates of machine and labor as available from the contract (which includes
contractor's supervision, profit, overheads and other expenses).
In case rates are not available in the contract, rates will be calculated based on prevailing
market rates of machine, material and labor plus 15% to cover contractor's supervision profit,
overhead & other expenses.
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42 VENDOR PERFORMANCE EVALUATION
Shall be as stipulated Annexure II to ITB herewith.
43 INCOME TAX & CORPORATE TAX
43.1 Income tax deduction shall be made from all payments made to the contractor as per the rules
and regulations in force and in accordance with the Income Tax Act prevailing from time to
time.
43.2 Corporate Tax liability, if any, shall be to the contractor's account.
43.3 Work Contract tax/VAT as may be applicable shall be deducted as per trade tax.
43.4 MENTIONING OF PAN NO. IN INVOICE/BILL
As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is
mandatory for procurement of goods / services/works/consultancy services exceeding Rs. 2
Lacs per transaction.
Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN no.
in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the notification,
in case supplier/ contractor/ service provider/ consultant do not have PAN no., they have to
submit declaration in Form 60 along with invoice/ bill for each transaction.
Payment of supplier/ contractor / service provider/ consultant shall be processed only after
fulfilment of above requirement
44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT AND
ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC
ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER
In the event of any dispute or difference relating to the interpretation and application of the
provisions of the contracts, such dispute or difference shall be referred by either party for
Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by
the Secretary to the Government of India in-charge of the Department of Public Enterprises.
The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitrator under this
clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided,
however, any party aggrieved by such award may make a further reference for setting aside or
revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law &
Justice, Government of India. Upon such reference the dispute shall be decided by the Law
Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law
Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the
dispute will share equally the cost of arbitration as intimated by the Arbitrator.
45 DISPUTE RESOLUTION(ADDENDUM TO PROVISION REGARDING
APPLICABLE LAWS AND SETTLEMENT OF DISPUTES OF GCC)
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45.1 Brahmaputra Cracker and Polymer Limited has framed the Conciliation Rules 2010 in
conformity with supplementary to Part III of the Indian Arbitration and Conciliation Act
1996 for speedier, cost effective and amicable settlement of disputes through conciliation. A
copy of the said rules made available on GAIL's web site/BCPL's website:
www.gailonline.com/ www.bcplonline.com for reference. Unless otherwise specified, the
matters where decision of the Engineer-in-Charge is deemed to be final and binding as
provided in the Agreement and the issues/disputes which cannot be mutually resolved within
a reasonable time, all disputes shall be settled in accordance with the Conciliation Rules 2010.
45.2 Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties
arising under/out of/in connection with this contract shall be settled in accordance with the
aforesaid rules.
45.3 In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies) in
writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and that
such a Party wishes to refer the dispute(s)/difference(s)/issue(s) to Conciliation. Such
Invitation for Conciliation shall contain sufficient information as to the
dispute(s)/difference(s)/issue(s) to enable the other Party (ies) to be fully informed as to the
nature of the dispute(s)/difference(s)/issue(s), the amount of monetary claim, if any, and
apparent cause(s) of action.
45.4 Conciliation proceedings commence when the other Party (ies) accept(s) the invitation to
conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will
be no conciliation proceedings.
45.5 If the Party initiating conciliation does not receive a reply within thirty days from the date on
which he/she sends the invitation, or within such other period of time as specified in the
invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she
so elects, he/she shall inform the other Party (ies) accordingly.
45.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle such
dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act, 1996 and
Brahmaputra Cracker and Polymer Limited Conciliation Rules, 2010. It would be only after
exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the
Parties hereto shall go for Arbitration. For the purpose of this clause, the option of
`Conciliation' shall be deemed to have been exhausted, even in case of rejection of
`Conciliation' by any of the Parties.
45.7 The cost of Conciliation proceedings including but not limited to fees for Conciliator(s),
Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne
by the Parties equally.
45.8 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the
pendency of Conciliation proceedings. The Settlement Agreement, as and when
reached/agreed upon, shall be signed between the Parties and Conciliation proceedings shall
stand terminated on the date of the Settlement Agreement.
46 BILLING SYSTEM
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ORIGINAL Bills/Invoices to be forwarded in sealed envelope for release of payment in time
and following should be clearly mentioned on "top left corner of the envelope" with "address"
as under:
(a) Top left corner of the envelope
Vendor Code: _________________
LOA/PO No.: ................................ Date ...............................
Bill/ Invoice No.: ................................ Date ...............................
Invoice Value: Rs. ........ Indenting Dept. ................................ Job/Supplyof
..............................
(b) Address:
To,
In case ofLOA/Contract In case ofPO
HOD/EIC (Indenting/User Department) HOD (C&P)
M/s Brahmaputra Cracker and Polymer M/s Brahmaputra Cracker and
Limited (A Government of India Enterprise), Polymer Limited (A Government of
Administrative Building, PO: Lepetkata, India Enterprise), Administrative
Distt.: Dibrugarh, Assam, Pin Code:786006, Building, PO: Lepetkata, Distt.:
Phone no. 0373 2914636. Dibrugarh, Assam, Pin Code:786006,
Phone no. 0373 2914636.
47 TRANSPARENCY
Bidders if so desires, may seek in writing the reason for rejection of their bid, to which
BCPL shall respond quickly.
48 SALE OF BID DOCUMENTS
Tender document will be sold on receipt of application. No tender document will, however, be
sold / issued to the bidders who are on 'Holiday' by GAIL/BCPL or Public Sector Project
Management Consultant (like ElL, Mecon etc. only due to "poor performance" or "corrupt
and fraudulent practices") or banned by Government department/ Public Sector on due date of
submission of bid. If the document were issued inadvertently/ downloaded from website,
offers submitted by such bidder shall not be considered for opening / evaluation / award and
will be returned immediately to such bidder. The above is without prejudice to the other rights
of BCPL.
49 SUBLETTING & ASSIGNMENT
49.1 The contractor shall not, save with previous consent in writing of the Engineer-in-charge,
sublet, transfer or assign the contract or any part thereof or interest therein or benefit or
advantage thereof in any manner whatsoever. Provided, nevertheless, that any such consent
shall not relieve the contractor from any obligation, duty or responsibility under the contract.
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However, Subletting of WHOLE WORKS is prohibited. An undertaking to this effect will be
given by Vendor/Contractor along with each invoice/ bill. In addition to above, clause no.
37.0 of GCC also to be referred.
50 Direct Payments to Sub-Vendors / Supporting Agencies of Main Contractor
50.1 Normally, the payment is to be made to vendor/contractor only as per provision of contract.
During execution, in case of financial constraints, BCPL may make direct payment to their
sub-vendor / supporting agencies as an exception from the amounts due to the
vendors/contractors from any of their bills under process upon certification by EIC subject to
receipt of such request from the vendor/contractor. Further, the request for direct payments to
the sub-vendor / sub-contractor shall be considered in performance evaluation of such vendor/
contractor.
51. CHECK MEASUREMENT
Measurement shall be recorded as per the methods of measurement spelt out in
SOW/Specifications/SCC of Contract/Tender Document. The responsibility for
checking the measurements as recorded in the measurement Books/Bills shall be as
under:
1. Where BCPL Executive is Engineer-In-Charge (EIC) (e.g O&M Contracts)
a. Site-In-Charge/Site Engineer will check 100% measurements of executed work.
b. EIC will further check measurements at least 15% of bill value. In case, Site-in-
Charge/Site Engineer is not available, EIC will check 100% measurements of
executed work.
c. An officer one level above EIC but not below level of HOD will check
measurements of 5% of bill value. In case, HOD is EIC, then he will check
measurements of 20% of bill value.
2. Where PMC is EIC (e.g Project Construction):
a. PMC will check 100% measurements of executed work.
a. BCPL Site Engineer will check measurements of at least 15% of bill value,
certified by PMC.
b. An officer one level above Site Engineer but not below level of DGM will
further check measurements of 5% of bill value. However, wherever DGM is
not available, an officer of level of CM will check measurements of 5% of bill
value.
3. Where BCPL Executive is EIC and where Third Party Inspector is deployed
(e.g. ARC type Construction Contracts):
a. Third Party Inspector will check 100% measurements of executed work.
b. BCPL Site Engineer will check measurements of at least 10% of bill value,
certified by Third Party Inspector.
c. EIC will further check measurements of 5% of bill value. In case, there is no
Site Engineer, EIC himself will check measurements of 15% of bill value.
d. An officer one level above EIC but not below level of HOD (for O&M Cases)
and DGM (for Project Cases) will check measurements of 5% of bill value. In
case, HOD (for O&M Cases) and DGM (for Project Cases) is EIC, then he will
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check measurements of 10% of bill value or measurement of 20% of bill value,
in case there is no Site Engineer.
4. OIC (or HOD in case of Corporate Office) or an officer of higher level to that
of EIC authorized by OIC may carry out random checking of executed items
where the executed quantity exceed SOR quantities.
5. While exercising test check of 5%, 15% level and on random basis as above, it
may be ensured that high rate items, AHR items, items exceeding SOR quantity
and concealed items have been covered in the items selected for checking.
6. The Superior officer should preferably check such items/quantities other than
those already checked by BCPL executives at lower levels and should also
ensure that the subordinate officer/officers have exercised the requisite
percentage check as stipulated in the procedure.
7. All concerned officers should indicate the measurements of SOR items checked
by them and marked as "Checked and verified."
52. PROVISION WITH RESPECT TO CARRIAGE BY ROAD ACT 2007
As per the Section 3 of the `Carriage by Road Act 2007', no person can engage in the
business of a common carrier unless granted a certificate of registration to do so and
any transportation of goods through unregistered common carrier is illegal. Therefore,
goods should be transported through common carriers only and also a specific
provision in the tender be made which makes it incumbent on the supplier to transport
the contracted material /supplies only through registered common carriers.
53. Wherever any portion of the "GCC" is repugnant to or at variance with any
provision(s) of the "SCC", unless a different intention appears, the provision(s) of the
"SCC" shall be deemed to override the provision(s) of "GCC", and shall to the extent
of such repugnancy or variations prevail.
54. Wherever there is contradiction with respect to terms of 'Integrity pact', GCC and
'Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice', the
provisions of 'Procedure for action in case of Corrupt/Fraudulent/Collusive/Coercive
Practice' shall prevail.
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Annexure-I
PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
A Definitions:
A.1 "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.
A2 "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.
A3 "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.
A.4 "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.
A.5 "Vendor/Supplier/Contractor/Consultant/Bidder" is herein after referred as "Agency"
A.6 "Appellate Authority" shall mean Committee of Directors consisting of Director (Finance)
and Director (BD) for works centers under Director (Projects). For all other cases committee
of Directors shall consist of Director (Finance) & Director (Projects).
A.7 "Competent Authority" shall mean the authority, who is competent to take final decision for
Suspension of business dealing with an Agency/ ies and Banning of business dealings with
Agency/ ies and shall be the "Director" concerned.
A.8 "Allied Agency" shall mean all the concerns within the sphere of effective influence of
banned/ suspended agencies. In determining this, the following factors may be taken into
consideration:
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(a) Whether the management is common;
(b) Majority interest in the management is held by the partners or directors of banned/
suspended firm.
(c) substantial or majority shares are owned by banned/ suspended agency and by virtue
of this it has a controlling voice.
"Investigating Agency" shall mean any department or unit of BCPL investiga ting into the
conduct of Agency/ party and shall include the Vigilance Department of the BCPL, Central
Bureau of Investigation, State Police or any other agency set up by the Central or state
government having power to investigate.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice
B.1 Irregularities noticed during the evaluation of the bids:
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in
corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected
and its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with BCPL for a period specified in
para B 2.2 below from the date of issue of banning order.
B.2 Irregularities noticed after award of contract
(i) During execution of contract:
If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, during execution of contract, the agency shall be banned for future business
with BCPL for a period specified in para B 2.2 below from the date of issue of
banning order.
The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is
observed, shall be suspended with immediate effect by Engineer-in-Charge (EIC)/
Employer whereby the supply/ work/ service and payment etc. will be suspended. The
action shall be initiated for putting the agency on banning.
After conclusion of process, the order (s)/ contract (s) where it is concluded that such
irregularities have been committed shall be terminated and Contract cum Performance
Bank Guarantee (CPBG) submitted by agency against such order (s)/ contract (s) shall
also be forfeited. The amount that may have become due to the contractor on account
of work already executed by him shall be payable to the contractor and this amount
shall be subject to adjustment against any amounts due from the contractor under the
terms of the contract.
No risk and cost provision will be enforced in such cases.
(ii) After execution of contract and during Defect liability period (DLP)/
Warranty/Guarantee Period:
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, after execution of contract and during DLP/ Warranty/Guarantee Period,
the agency shall be banned for future business with BCPL for a period specified in
para B 2.2 below from the date of issue of banning order.
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Further, the Contract cum Performance Bank Guarantee (CPBG) submitted by agency
against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period,
the agency shall be banned for future business with BCPL for a period specified in
para B 2.2 below from the date of issue of banning order.
B.2.2 Period of Banning
Banning period shall be reckoned from the date of banning order and shall be 3 years.
In exceptional cases where the act of vendor/ contractor is a threat to the National Security,
the banning shall be for indefinite period.
C Effect of banning on other ongoing contracts/ tenders
C.1 If an agency is put on Banning, such agency should not be considered in ongoing
tenders/future tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no
corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to
continue till its completion without any further increase in scope except those incidental to
original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the
case under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by
the agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall
not be opened and BG/EMD submitted by the agency shall be returned to the agency.
C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency
shall be ignored & will not be further evaluated. If the agency is put on banning list for fraud/
mis-appropriation of facts committed in the same tender/other tender where errant agency
emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
D. Procedure for Suspension of Bidder
D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate
C&P Department when
(i) Corporate Vigilance Department based on the fact of the case gathered during
investigation by them recommend for specific immediate action against the agency.
(ii) Corporate Vigilance Department based on the input from Investigating agency,
forward for specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of
Contract/ Order.
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D.2 Suspension Procedure:
D.2.1 The order of suspension would operate initially for a period not more than six months and
is to be communicated to the agency and also to Corporate Vigilance Department. Period
of suspension can be extended with the approval of the Competent Authority by one
month at a time with a ceiling of six months pending a conclusive decision to put the
agency on banning list.
D.2.2 During the period of suspension, no new business dealing may be held with the agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of
business with the agency.
D.2.4 The decision regarding suspension of business dealings should also be communicated to
the agency.
D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result
in banning of business dealings, proposal for issuance of suspension order and show cause
notice shall be put up to the Competent Authority. The suspension order and show cause
notice must include that (i) the agency is put on suspension list and (ii) why action should
not be taken for banning the agency for future business from BCPL.
The competent authority to approve the suspension will be same as that for according
approval for banning.
D3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:
D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency
appears in the Suspension List.
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 After issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency
shall not be opened and BG/EMD submitted by the agency shall be returned to the
agency.
D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the
agency shall be ignored & will not be further evaluated. If the agency is put on Suspension
list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where
errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-
invited.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works and services shall have provision that
the bidder shall submit a undertaking to the effect that (i) neither the bidder themselves
nor their allied agency/(ies) are on banning list of GAIL/BCPL or the Ministry of
Petroleum and Natural Gas and (ii) bidder is not banned by any Government department/
Public Sector.
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F. Appeal against the Decision of the Competent Authority:
F.1 The agency may file an appeal against the order of the Competent Authority for putting the
agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall
be preferred within one month from the receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate
Authority.
G. Wherever there is contradiction with respect to terms of `Integrity pact' , GCC and `Procedure
for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice', the provisions of
`Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice' shall
prevail.
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Annexure-II
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
1.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/
Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and
requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/
Suppliers/Contractors/ Consultants associated with BCPL in Projects and in O&M so as to
ensure timely completion of various projects, timely receipt of supplies including completion
of works & services for operation and maintenance of operating plants and quality standards
in all respects.
2.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/
Consultant for all orders/Contracts with a value of Rs. 7 Lakhs and above is
recommended to be drawn up. These data sheets are to be separately prepared for
orders/ contracts related to Projects and O&M. Format, Parameters, Process,
responsibility for preparation of Performance Rating Data Sheet are separately
mentioned.
ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/
Supplier/Contractor/ Consultant would be computed and graded accordingly. The
measurement of the performance of the Party would be its ability to achieve the
minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated
by taking up the matter with concerned Vendor/ Supplier/Contractor/ Consultant.
Response of Vendor/ Supplier/Contractor/ Consultant would be considered before
deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned
Engineer-in-Charge for the Projects and/or OIC in case of O&M would recommend
for continuation or discontinuation of such party from the business of BCPL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if
required, corrective action will be taken for improvement in future.
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3.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
3.1 FOR PROJECTS
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of
PROJECTS shall be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall
prepare a Performance Rating Data Sheet (Format at Annexure-1) for all Orders and
Contracts.
iii) Depending upon the Performance Rating, following action need to be initiated by
Engineer-in-charge/Project-in-charge:
Sl.No. Performance Action
Rating
1 POOR Seek explanation for Poor performance
2 FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In
case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to
the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following
actions need to be taken:
Where Performance rating is "POOR":
Recommend such defaulting Vendor/ Supplier/Contractor/ Consultant for
putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year
(ii) Poor Performance on account of Quality (if any mark obtained against
Quality parameter is less than 30): Two Years
(iii) Poor Performance leading to termination of contract or Offloading of
contract due to poor performance solely attributable to Vendor/
Supplier/Contractor/ Consultant or Repeated Offence: Three Years
Non performance of a Vendor/Supplier/Contractor/Consultant leading to
termination of Contract/ Order, such Vendor/ Supplier/ Contractor/Consultant
are also to be considered for Suspension.
In all such cases, concerned site will put up recommendation for issuance of
SCN and putting the party on suspension list as per process defined for
suspension in "Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/
Coercive Practices"
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(B) Where Performance rating is "FAIR":
Recommend for issuance of warning to such defaulting Vendor/
Supplier/Contractor/ Consultant to improve their performance.
3.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as
described in para 3.1 for Projects.
3.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of
Operation and Maintenance shall be done immediately after execution of order/
contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2)
shall be prepared for Orders by Site C&P and for Contracts/Services by respective
Engineer-In-Charge.
iii) Depending upon Performance Rating, following action need to be initiated by Site
C&P:
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance
2. FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future.
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In
case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to
the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following
actions need to be taken:
A) Where performance rating is "POOR"
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for
putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year
(ii) Poor Performance on account of Quality (if any mark obtained against
Quality parameter is less than 30): Two Years
(iii) Poor Performance leading to termination of contract or Offloading of
contract due to poor performance solely attributable to
Vendor/Supplier/Contractor/Consultant or Repeated Offence: Three Years
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Non-performance of a Vendor/Supplier/Contractor/Consultant leading to
termination of Contract/ Order such Vendor/ Supplier/ Contractor/Consultant
are also to be considered for Suspension.
In all such cases, concerned site will put up recommendation for issuance of
SCN and putting the party on suspension list as per process defined for
suspension in "Procedure fo r Action in case of Corrupt/ Fraudulent/ Collusive/
Coercive Practices"
(B) Where Performance rating is "FAIR"
Recommend for issuance of warning to such defaulting
Vendors/Contractors/Consultants to improve their performance.
4.0 EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of Vendors/
Suppliers/Contractors/ Consultants:
i) Orders/Contracts below the value of Rs. 7 Lakhs.
ii) One time Vendor/ Supplier/Contractor/ Consultant.
iii) Orders for Misc./Administrative items/ Non stock Non valuated items.
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to
minimize the impact on Projects/O&M plants due to non performance of Vendors/
Suppliers/Contractors/ Consultants in all such cases.
5.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
5.1 An order for Holiday passed for a certain specified period shall deemed to have been
automatically revoked on the expiry of that specified period and it will not be necessary to
issue a specific formal order of revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and
new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant,
such order will be properly monitored during execution stage by the concerned site.
6.0 EFFECT OF HOLIDAY
6.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/
Supplier/Contractor/ Consultant should not be considered in ongoing tenders/future tenders.
6.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other
order/ contract and their performance is satisfactory in terms of the relevant contract, should
be allowed to continue till its completion without any further increase in scope except those
incidental to original scope mentioned in the contract. In such a case CPBG will not be
forfeited and payment will be made as per provisions of concerned contract. However, this
would be without prejudice to other terms and conditions of the contract.
6.3. Effect on other ongoing tendering:
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6.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted
by the party shall be ignored.
6.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall
not be opened and BG/EMD submitted by the party shall be returned to the party.
6.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party
shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1),
then such tender shall also be cancelled and re-invited.
7.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure,
the holding company, subsidiary, joint venture, sister concerns, group division of the errant
Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new
tender during the period of holiday.
8.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the
tender process with the intention of delaying or defeating any procurement or causing loss to
BCPL or any other bidder, such bidder will be put on holiday for a period of six months, if
such complaint is proved to be vexatious, frivolous or malicious, after following the due
procedure.
9. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
(a) The party may file an appeal against the order of the Competent Authority for putting
the party on Holiday list. The appeal shall be filed to Appellate Authority. Such an
appeal shall be preferred within one month from the of receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall
be communicated to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the
Appellate Authority.
(d) "Appellate Authority" shall mean Committee of Directors consisting of Director
(Finance) and Director (BD) for works centers under Director (Projects). For all other
cases committee of Directors shall consist of Director (Finance) & Director (Projects).
10. ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any
mistake committed by him in bidding or withdrawal of bid or modification of bid or varying
any term in regard thereof leading to re-tendering, BCPL shall forfeit EMD paid by the bidder
and such bidders shall be debarred from participation in re-tendering of the same
job(s)/item(s).
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Further, such bidder will be put on `holiday' for a period of six months after following the
due procedure.
11. In case Service Tax department brings to the notice of BCPL that a Party has not paid to the
credit of the Government the Service Tax collected from BCPL, then party will be put on
holiday for a period of six months after following the due procedure.
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Annexure-1
BRAHMAPUTRA CRACKER AND POLYMER LIMITED
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)
i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance Delivery/ Completion Quality Reliability Total
Parameter Performance Performance Performance#
Maximum Marks 40 40 20 100
Marks Allocated
Note:
Remarks (if any)
PERFORMANCE RATING (**)
Note:
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation
beyond contract payment term or seeking direct payment to the sub-vendor/sub-contractor due
to financial constraints, then `0' marks should be allotted against Reliab ility Performance.
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under:
Sl. Range (Marks) Rating Signature of
No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD
Instructions for allocation of marks
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1. Marks are to be allocated as under:
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks
Completion Schedule
a) Upto 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 12 weeks 20
" 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 16 weeks 20
" 20 weeks 15
" 24 weeks 10
More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases: No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
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A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, PBG, Drawings 4 marks
and other documents within time
ii) Mobilization of resources as per Contract and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of
Consultancy jobs
v) Timely submission of estimates and other documents for Extra, 4 marks
Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings and other 5 marks
documents within time
ii) Attending complaints and requests for after sales service/ 5 marks
warranty repairs and/ or query/ advice (upto the evaluation
period).
iii) Response to various correspondence and conformance to 5 marks
standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply
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ANNEXURE-III
(INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)
(Ready Reckoner to Participate in BCPL e-tender through CPP Portal of NIC)
1. General:
This section contains detailed instructions regarding bid submission procedure under BCPL's e -
tender under NIC CPP Portal system. Bidders are required to read the following instructions in
addition to various instructions mentioned elsewhere in the bid document for e-tendering, Ready
Reckoner and FAQs etc. The instructions mentioned herein related to bid submission procedure shall
supersede and shall prevail over the conditions enumerated elsewhere in the bid/tender document.
Bidders who wish to participate in e-tenders must go through the following in BCPL website in
tender section:-
1) "Guideline for Bidder enrolment process t o Participate in BCPL e-tender through CPP
Portal of NIC".
2) "Ready Reckoner to Participate in BCPL e-tender through CPP Portal of NIC.
3) "Bidder Manual Kit"
which contains instructions in respect of e-Tendering essentially covering security settings required
for bidder's PC / Laptop, uploading and checking the status of digital signature in the bidder's PC /
Laptop, obtaining unique login ID and password, re-setting the password, downloading of Tender
document and uploading of Offer/Bid etc. Further, the troubleshooting issues are also available in the
form of FAQs (link given in website) which can be downloaded from E-Tender Portal
(https://eprocure.gov.in/eprocure/app).
2. About E-Tender Portal (Web):
BCPL's e-tender under NIC CPP Portal system enabling bidders to Search, View, Download tender
document(s) directly from the portal https://eprocure.gov.in/cppp/ (referred hereunder as "E -Tender
Portal") and also enables the bidders to participate and submit online prices directly in the e -tender
portal or uploading of SOR/Price Schedule (Price Bid) in note and attachment folder, as applicable
and technical bids in secured and transparent manner maintaining absolute confidentiality and
security throughout the tender evaluation process and award.
3. Pre-requisite for participation in bidding process:
The following are the pre-requisite for participation in e-Tendering Process:
3.1 PC/Laptop with Windows OS, Internet Explorer:
Bidder must possess a PC / Laptop with Windows 7 professional operating system and Internet
Explorer 9 or above for hassle free bidding. Bidder must go through the system setting as mentioned
in Resources required (go to https://eprocure.gov.in/eprocure/app click downloads click
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resources) and also refer Trouble Shooting (go to https://eprocure.gov.in/eprocure/app click bidder
Manual kit click Trouble shooting).
3.2 Internet Broadband Connectivity:
The Bidder must have a high speed internet connectivity (preferably Broadband) to access NIC Portal
for downloading the Tender document and uploading/submitting the Bids.
3.3 A valid e-mail Id of the Organization/Firm:
Bidder must possess an e-mail ID, preferably of the Organisation (in case of a company)/Individual
(in case of proprietorship concern)/Partner having Power of Attorney (in case of a partnership firm)
to create login ID. The e-mail ID should not be changed frequently. All communication related to e-
tendering including system generated mails shall be sent on this e-mail Id only. The communication
to bidder is fully automated through the system and hence email-ID of bidder is very important for
online communication with bidder during various stages of tendering process and should be
preferably common e-mail Id of the Organisation.
3.4 User ID and Password for new Bidder(s):
To participate in the bidding process, it is mandatory on the part of bidder(s) to have user ID and
password. Without user ID (Login ID) and password, bidders cannot participate in e-tender. There
will be single login ID for a bidder/vendor code. To obtain User ID and Password Vendor/Bidder
must visit https://eprocure.gov.in/eprocure/app site and perform the following steps:
i) Click on Online bidder enrolment (For new Bidders)
ii) Fill the on line self-registration form and submit. Ensure that the e-mail address given in
the form is valid and active.
iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the self-
registration form for User Id creation.
Steps for creating user id & Password is available in file name "steps by steps guide for online Bidder
enrolment process" in BCPL website.
3.5 Procedure for change of E-mail ID of the Bidder:
Login E-Mail ID cannot be changed.
3.6 About Digital Signature:
(I) What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily identifies a unique
sender. The objective of digital signature is to guarantee that the individual sending the message is
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who he or she really claims to be just like the written signature. The Controller of Certifying
Authorities of India (CCA) has authorized certain Certifying Authorities (CA) to issue Digital
Certificates. Digitally signed documents are legally valid as per the Indian IT Act 2000. One Digital
Certificate is valid for a specified period and can be used for digitally signing any number of
documents. For details go to https://eprocure.gov.in/eprocure/app click Information about DSC.
Only Class 3b Digital Signature is acceptable where individual are using their digital signature on
behalf of the organization and digital signature should be in the name of authorized signatory who
has signed the bid on behalf of bidder.
(II) Why Digital Signature is required?
In order to bid for NIC e-tenders, bidders are required to obtain a legally valid Digital Certificate as
per Indian IT Act 2000 from the licensed Certifying Authorities (CA) operating under the Root
Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India.
(III) How to obtain Digital Signatures from Certifying Authority (CA)?
Valid Digital Certificate (class 3b) can be obtained from Certifying Agency (C.A).
Information about CA's can be obtained through CCA India website
(http://www.cca.gov.in).
Digital Signatures can be obtained using following steps:
a) Visit the site of the licensed CA* using internet browser.
b) Follow the instructions on the CA's we bsite for submission of requisite documents for issue of the
Digital Certificate and making payment.
*Links to some of the licensed CA's are provided below:
1. http://www.ncodesolutions.com
2. http://www.sifycorp.com
3. http://www.tcs-ca.tcs.co.in
4. http://www.e-mudhra.com
5. http://www.nicca.nic.in
6. www.idrbtca.org.in
For foreign bidder please refer:-https://eprocure.gov.in/eprocure/app then click on download
where procedure for obtaining DSC for Foreign Bidders is given.
4. How to submit On-line Bids/Offers electronically against E-tenders?
Bidders who wish to participate against e-tenders uploaded on BCPL's e-tender under NIC CPP
Portal website (https://eprocure.gov.in/cppp/) (e-tender portal) should follow the steps Mentioned in
the "Bidders Manual Kit " available on BCPL website / (go to https://eprocure.gov.in/eprocure/app
click Bidder manual kit) which shall guide them to Search, Display/View, Download and Submit
electronic Bids/Offers online in a secured manner ensuring confidentiality. Bidder can also download
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the tender documents from BCPL websites, but they must have to quote through e-mode only (CPP
Portal).
5. How to search, view and download e-tender?
Explained in Bidders Manual Kit which is available in BCPL website.
8.0 Content of Bid:
8.1 Un-Priced Bid:
The Un-priced Bid - "SOR" (i.e. Part I Technical Bid, refer ITB of tender for details) to be
uploaded using Link "TECHNICAL DOCUMENT". Bidders are advised to not upload duly filled
Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed instructions, Bidders Manual
Kit which is available in BCPL website for bidders may be referred.
Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the tender
document should be digitally signed in accordance with the Indian IT Act 2000. If any modifications
are required to be made to a document thereafter the modified documents shall be again digitally
signed before uploading.
Bidders are required to upload all Tender forms and supporting documents which form part of the
bid/tender under tender document of e-tender portal.
Uploading the documents relevant to bid before the bid submission date and time is the sole
responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids submitted manually
shall be rejected.
Bidders are required to submit the Earnest Money Deposit (EMD)/Bid Bond in original in the
prescribed formats and in the manner prescribed in the tender document at the time of bid submission
in sealed envelope.
However, if the bidder is unable to submit EMD/Bid Bond in original on the due date, he may upload
scanned copy of the EMD/Bid Bond while submitting the bid electronically, provided the original
EMD/Bid Bond, copy of which has been uploaded, is received within 7 (seven) days from the date of
unpriced bid opening, failing which the bid will be rejected irrespective of their status / ranking in
tender and notwithstanding the fact that a copy.
The complete bid (each page) shall be continuously numbered in sequence, from start till end i.e. 1, 2,
3... n. The bid shall be uploaded along with proper index and indicating page numbers against each
category of documents.
Note:
i) Bidder may save/store the bid documents in the PC/Laptop before submitting the bid into
in e-tender portal.
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ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate
(SOR)/Price Schedule attached with the tender.
Inadvertently, if a document is uploaded in by the bidders, such document can be deleted by the
bidder and can be replaced by a digitally signed new/modified document prior to due date & time.
Un-priced techno-commercial bid document should be placed in the private area earmarked in the C-
folder of Tender Document in e-tender portal.
8.2 Priced Bid:
The Priced Bid (i.e. Part II Price Bid, refer ITB for details) to be uploaded using "FINANCE
ATTACHMENTS" and NOT using link "TECHNICAL DOCUMENT". Bidders are advised not to
upload any other documents and same shall be ignored. For detailed instructions, refer tender
document and Ready Reckoner.
BCPL shall not be responsible for any failure on the part of the bidder in submission of Priced Bid
and the manner prescribed elsewhere in this instruction sheet in tender documents.
9. E-Tender demo during pre-bid conference:
During the Pre-Bid Conference, BCPL shall also arrange demonstration for submission of bids in e-
tender portal for interested bidders.
10. Submission of documents:
Bidders are requested to upload small sized documents preferably (up to 25 MB) at a time to facilitate
easy uploading into e-tender portal. BCPL shall not be responsible in case of failure of the bidder to
upload documents/bids within specified time of tender submission.
11. Last date for submission of bids:
System does not allow for submission or modification of bids beyond the deadline for bid
submission. However, if the bidder for some reason intends to change the bid already entered, he may
change/revise the same on or before the last date and time of submission. The system time displayed
on NIC's e-tender webpage shall be final and binding on the bidders for all purposes pertaining to
various events of the subject tender and no other time shall be taken into cognizance.
Bidders are advised in their own interest to ensure that bids are uploaded in e-tender system well
before the closing date and time of bid.
12. Internet connectivity:
If bidders are unable to access BCPL's e-tender under NIC CPP Portal system or Bid Documents, the
bidders may please check whether they are using proxy to connect to internet or their PC is behind
any firewall and may contact their system administrator to enable connectivity. Please note that Port
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SSL/443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/Broad band internet
connectivity without Proxy settings is another option.
13. Help to Contractors:
For special instructions to bidders / contractors Please visit https://eprocure.gov.in/eprocure/app
click Help to contractors.
14. FAQ:
For various frequently asked question Please visit https://eprocure.gov.in/eprocure/app click FAQ.
15. e-Brochure:
For e-brochure Please visit https://eprocure.gov.in/eprocure/app click Downloads click e
brochure (details & general).
16. DSC for Foreign Bidders:
For DSC for foreign bidders Please visit - https://eprocure.gov.in/eprocure/app click Downloads
click DSC for foreign bidders.
17. System Malfunction Procedure:
For system malfunction procedure Please visit - https://eprocure.gov.in/eprocure/app click
Downloads system malfunction procedure.
18. IT Resources:
For various IT resources Please visit https://eprocure.gov.in/eprocure/app click Downloads ---
Resources required. (Download Java for system compatibility).
19. Form for DSC Deactivation for bidders:
For DSC deactivation Please visit - https://eprocure.gov.in/eprocure/app click Downloads Form
for DSC deactivation for bidders.
20. Search Tender for Guest Users:
For tender search Please visit - https://eprocure.gov.in/eprocure/app click on Tenders by Location
/ Tenders by Organization / Tenders by classifications / Tenders by Archive.
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21.Check list / Quick View Summary:
For various queries, manual, FAQs and information may please refer the link
https://eprocure.gov.in/eprocure/app
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# In Help to contractor's users will get: Special Instructions to the Contractors/Bidders for the e-submission
of the bids online through this eProcurement Portal.
# In Information about DSC user will get: Frequently Asked Questions on Digital Signature Certificate.
# In FAQ user will get various FAQ related to:
a) GENERAL Q&A about e-procurement.
b) On line enrolment Q&A
c) Password related Q&A
d) DSC related Q&A
e) Tender related Q&A
f) Security related Q&A
g) Foreign bidder related Q&A
h) User account related Q&A
# Feedback: Users to give their feedback to NIC.
# Bidder manual kit: Bidder will get various manuals for the following:
1 Notice to Bidders notice_to_bidders.pdf
2 Registration of Bidders bidder_registration.pdf
3 Uploading of My Documents my_documents.pdf
4 Online e-Bid Submission two_cover_bid_submission.pdf
three_cover_bid_submission.pdf
four_cover_bid_submission.pdf
single_cover_bid_submission.pdf
5 Online Bid Withdrawal bid_withdrawal.pdf
6 Online Bid Re-submission bid_resubmission.pdf
7 Clarifications (Tender Status, My Archive...) enquiry.pdf
8 Trouble Shooting troubleshoot_document.pdf
9 BoQ Preparation Guidelines BoQ_Help_Bidder_ItemRate.pdf
BoQ_Help_Bidder_ItemWise_Tax.pdf
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BoQ_Help_Bidder_Percentage.pdf
HELP DESK (BCPL)
Phone : 6900182953 (only for e-tender queries)
Mobile : 8811017320
Email: etender@bcplindia.co.in
HELP DESK (NIC)
Phone : 1800-233-7315, 0120-4200462, 0120-4001002 (only for e-tender queries)
Mobile : 8826246593
Email :cppp-nic@nic.in
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ANNEXURE-IV
BIDDING DATA SHEET (BDS)
ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:
A. GENERAL
ITB clause Description
1.2 The Invitation for Bids/ E-TENDER NO is :
E-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
1.1 The Employer/Owner is: M/s Brahmaputra Cracker & Polymer
Limited
2.1 Name of the Contract: "HIRING OFAUDITOR SERVICES FOR GST
AUDIT FOR FY 2018-19".
3 BIDS FROM CONSORTIUM/ JOINT VENTURE
APPLICABLE
NO
NOT APPLICABLE
YES
B. BIDDING DOCUMENT
ITB clause Description
8.1 For clarification purposes only, the communication address is:
Attention:
SH. SAMRAT DUTTA, SM (C&P) /
Street Address:
Brahmaputra Cracker and Polymer Limited (A Government of India
Enterprise), C&P Department, Administrative Building, PO: Lepetkata,
Distt.: Dibrugarh, Assam, Pin Code:786006, Phone no. 0373
2914636.Email id: sdutta@bcplindia.co.in;
C. PREPARATION OF BIDS
ITB clause Description
11.1.1 (u) The Bidder shall submit with its Techno-commercial/ Unpriced bid the
following additional documents (SCC Refers):
NIL
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12 Additional Provision for Schedule of Rate/ Bid Price are as under:
14 The currency of the Bid shall be INR
15 The bid validity period shall be THREE MONTHS from final 'Bid Due
Date'.
D. SUBMISSION AND OPENING OF BIDS
ITB clause Description
18 In addition to the original of the Bid, the number of copies required is one.
The e-TENDER NO. of this bidding process
22
is:BCPL/C&P/LE19W147SD/90001240
22.3 For bid submission purposes only, the Owner's address is :
Attention:
SH. SAMRAT DUTTA, SM (C&P) /
Street Address:
Brahmaputra Cracker and Polymer Limited (A Government of India
Enterprise), C&P Department, Administrative Building, PO: Lepetkata,
Distt.: Dibrugarh, Assam, Pin Code:786006, Phone no. 0373
2914636.Email id: sdutta@bcplindia.co.in;
26 The bid opening shall take place at:
Address:
Brahmaputra Cracker and Polymer Limited (A Government of India
Enterprise), C&P Department, Administrative Building, PO: Lepetkata,
Distt.: Dibrugarh, Assam, Pin Code:786006, Phone no. 0373
2914636.Email id: sdutta@bcplindia.co.in;
Date: 15.11.2019
Time: 15:00 Hrs.
E. EVALUATION, AND COMPARISON OF BIDS
ITB clause Description
32 Evaluation Methodology is mentioned in Annexure-II.
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33 Compensation for Extended Stay:
APPLICABLE
NO
NOT APPLICABLE YES
F. AWARD OF CONTRACT
ITB clause Description
37 State of which stamp paper is required for Contract Agreement:
State: Assam
38 Contract Performance Security/ Security Deposit
APPLICABLE NO
NOT APPLICABLE YES
Applicable: As specified in Section II of tender document.
40 Public Procurement Policy for MSEs :
APPLICABLE
NO
NOT APPLICABLE
YES
Whether tendered item is non-split able or not-divisible :
YES
YES
NO
NO
41 Provision of AHR Item :
APPLICABLE
NO
NOT APPLICABLE
YES
Clause no. Bonus for Early Completion:
27.3 of GCC
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APPLICABLE
NO
NOT APPLICABLE YES
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FORMS & FORMAT
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LIST OF FORMS & FORMAT
Form No. Description
F-1 BIDDER'S GENERAL INFORMATION
F-2 BID FORM
F-3 LIST OF ENCLOSURES
F-4* PROFORMA OF "BANK GUARANTEE" FOR "EARNEST
MONEY / BID SECURITY"
F-5 LETTER OF AUTHORITY
F-6 NO DEVIATION CONFIRMATION
F-7 DECLARATION REGARDING HOLIDAY/BANNING AND
LIQUIDATION, COURT RECEIVERSHIP ETC.
F-8 CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF
INDIA
F-9* PROFORMA OF "BANK GUARANTEE" FOR
"CONTRACT PERFORMANCE SECURITY / SECURITY
DEPOSIT"
F-10 AGREED TERMS & CONDITIONS
F-11 ACKNOWLEDGEMENT CUM CONSENT LETTER
F-12 UNDERTAKING ON LETTERHEAD
F-13 BIDDER'S EXPERIENCE
F-14 CHECK LIST
F-15* FORMAT FOR CERTIFICATE FROM BANK
IF BIDDER'S WORKING CAPITAL IS INADEQUATE
F-16* FORMAT FOR CHARTERED ACCOUNTANT
CERTIFICATE FOR FINANCIAL CAPABILITY OF THE
BIDDER
F-17 BIDDER'S QUERIES FOR PRE BID MEETING
F-18 E-BANKING FORMAT
F-4*, F-9*, F-15* and F-16* is not applicable in this tender.
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F-1
BIDDER'S GENERAL INFORMATION
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Bidder Name
1 (With Contact Person Name &
Details)
Proprietorship Firm/Partnership firm/
2 Status of Firm Limited/Others
If Others Specify:_________________
[Enclose certificate of Registration]
Name of
3 Proprietor/Partners/Directors of the
firm/company
4 Number of Years in Operation
Address of Registered Office:
*In case of Partnership firm,
enclose letter mentioning current City:
5 District:
address of the firm and the full
names and current addresses of all State:
the partners of the firm. PIN/ZIP:
City:
Operation Address
6 (if different from above) District:
State:
PIN/ZIP:
Telephone Number _____________________
8 [Mobile & Landline] (Country Code) (Area Code)
(Telephone No.)
9 E-mail address
10 Website
11 Fax Number: ___________________________________
(Country Code) (Area Code)
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(Telephone No.)
12 ISO Certification, if any {If yes, please furnish details}
13 Bid Currency
14 Banker's Name
15 Branch
17 Bank account number
18 PAN No. [Enclose copy of PAN Card]
Yes / No
(If the response to the above is `Yes", Bidder
We (Bidder) are cover under the to provide Purchaser a copy of the
19 definition of section 2 (n) of the Enterpreneurs Memorandum (EM) filled
MSMED Act with the authority specified by the respective
State Government.)
(Bidder to submit documents as specified it
20 Whether Micro/Small Enterprise ITB)
Corporate/ Non-Corporate (As per Service
tax Act).
21 Type of Entity (In case of Non-Corporate Entity, bidder
will submit documentary evidence for
same).
22 GSTIN Please submit GST Registration Certificate
Vendor Classification Registered
Un-registered
Mark () on the applicable one.
23 Compound Scheme
PSU , GOVT
SEZ
24 Start up Yes / No
If prior experience of startup in for
25 similar nature of jobs (as per this
tender SOR)
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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F-2
BID FORM
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
After examining / reviewing the Bidding Documents for the tender of
"_________________________________________________________________ including
"Specifications & Scope of Work", "General Conditions of Contract [GCC]", "Special Conditions of
Contract [SCC]" and "Schedule of Rates [SOR]", etc. the receipt of which is hereby duly
acknowledged, we, the undersigned, are pleased to offer to execute the whole part of the job and in
conformity with the said Bid Documents, including Addenda / Corrigenda Nos. ____________.
We confirm that this Bid is valid for a period of "three [03] months" from the date of opening of
"Techno-Commercial / Un-priced Bid", and it shall remain binding upon us and may be accepted by
any time before the expiry of that period.
If our Bid is accepted, we will provide the "Contract Performance Security / Security Deposit" as
specified in Section-II of tender document.
Until a final Agreement/Letter of Award is prepared and executed, the tender document (including
addenda/ corrigenda) together with the "Notification of Award" shall constitute a binding Agreement
between us.
We understand that Bidding Document is not exhaustive and any action and activity not mentioned in
Bidding Documents but may be inferred to be included to meet the intend of the Bidding Documents
shall be deemed to be mentioned in Bidding Documents unless otherwise specifically excluded and
we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects
within the time frame and agreed price.
We understand that you are not bound to accept the lowest priced or any Bid that you may receive.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
Duly authorized to sign Bid for and on behalf of ____________________________________
[Signature of Witness]
Name of Witness:
Address:
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F-3
LIST OF ENCLOSURES
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
We are enclosing the following documents as part of the bid:
1. Power of Attorney of the signatory to the Bidding Document.
2. Document showing annual turnover for the last three years such as annual reports,
profit and loss account, net worth etc. along with information as sought in enclosed
format F-16
3. Document showing Financial Situation Information as sought in enclosed format F-16
4. Copy of Bidding Documents along with addendum/corrigendum duly signed and
sealed on each page, in token of confirmation that Bid Documents are considered in full
while preparing the bid and in case of award, work will be executed in accordance with
the provisions detailed in Bid Documents.
5. Documentary Evidences showing the Bidder's claim of meeting Technical Criteria as
mentioned in Clause 4 of ITB.
6. EMD / Bid Bond
7. Power of Attorney
8. Duly certified document from chartered engineer and or chartered accountant.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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F-4
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
(To be stamped in accordance with the Stamp Act)
NOT APPLICABLE
F-5
LETTER OF AUTHORITY
[Pro forma for Letter of Authority for Attending Subsequent 'Negotiations' / 'Pre-Bid
Meetings' /'Un-priced Bid Opening' / 'Price Bid Opening']
Ref: Date:
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
I/We, _____________________________________ hereby authorize the following
representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced
Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication
against the above Bidding Documents:
[1] Name & Designation ____________________ Signature ___________________
Phone/Cell:
Fax:
E-mail: ......................................... @ ....................................
[2] Name & Designation ____________________ Signature ___________________
Phone/Cell:
Fax:
E-mail: ............................................... @ ....................................
We confirm that we shall be bound by all commitments made by aforementioned authorised
representative(s).
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed
by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two
[02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid"
Openings. Bidders authorized representative is required to carry a copy of this authority letter while
attending the un-priced and priced bid opening, the same shall be submitted to BCPL.
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F-6
"NO DEVIATION" CONFIRMATION
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
We understand that any 'deviation / exception' in any form may result in rejection of Bid. We,
therefore, certify that we have not taken any 'exception / deviation' anywhere in the Bid and we
agree that if any 'deviation / exception' is mentioned or noticed, our Bid may be rejected.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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F-7
DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT
RECEIVERSHIP
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
We hereby confirm that we are not on `Holiday' by GAIL/BCPL or Public Sector Project
Management Consultant (like EIL, Mecon only due to "poor performance" or "corrupt and
fraudulent practices") or banned by Government department/ Public Sector on due date of
submission of bid.
Further, we confirm that neither we nor our allied agency/(ies) (as defined in the Procedure
for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list
of BCPL/GAIL or the Ministry of Petroleum and Natural Gas.
We also confirm that we are not under any liquidation, court receivership or similar
proceedings or 'bankruptcy'.
In case it comes to the notice of BCPL that the bidder has given wrong declaration in this
regard, the same shall be dealt as `fraudulent practices' and action shall be initiated as per the
Procedure for action in case of Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, we also confirm that in case there is any change in status of the declaration prior to
award of contract, the same will be promptly informed to BCPL by us.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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F-8
CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF INDIA
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
If we become a successful Bidder and pursuant to the provisions of the Bidding Documents,
award is given to us for the tender for "
_____________________________________________________", the following Certificate
shall be automatically enforceable:
"We agree and acknowledge that the Employer is entering into the Agreement solely
on its own behalf and not on behalf of any other person or entity. In particular, it is expressly
understood & agreed that the Government of India is not a party to the Agreement and has no
liabilities, obligations or rights there under. It is expressly understood and agreed that the
Employer is authorized to enter into Agreement, solely on its own behalf under the applicable
laws of India. We expressly agree, acknowledge and understand that the Employer is not an
agent, representative or delegate of the Government of India. It is further understood and
agreed that the Government of India is not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we
hereby expressly waive, release and forego any and all actions or claims, including cross
claims, VIP claims or counter claims against the Government of India arising out of the
Agreement and covenants not to sue to Government of India as to any manner, claim, cause
of action or things whatsoever arising of or under the Agreement."
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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F-9
PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE
SECURITY / SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
NOT APPLICABLE
F-10
AGREED TERMS & CONDITIONS
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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BIDDER'S
Sl. DESCRIPTION
CONFIRMATION
1. Bidder's name and address.
Please confirm the currency of quoted prices is in Indian
2.
Rupees.
Confirm quoted prices will remain firm and fixed till
3.
complete execution of the order.
4 Rate of applicable GST
i) Confirm acceptance of relevant Terms of Payment
specified in the Bid Document.
5.
ii) In case of delay, the bills shall be submitted after
deducting the price reduction due to delay.
Confirm that Contract Performance Bank Guarantee will NOT APPLICABLE
6.
be furnished as per Bid Document.
Confirm that Contract Performance Bank Guarantee NOT APPLICABLE
shall be from any Indian scheduled bank or a branch of
an International bank situated in India and registered
with Reserve bank of India as scheduled foreign bank.
However, in case of bank guarantees from banks other
7.
than the Nationalised Indian banks, the bank must be a
commercial bank having net worth in excess of Rs 100
crores and a declaration to this effect shall be made by
such commercial bank either in the Bank Guarantee
itself or separately on its letterhead.
Confirm compliance to Completion Schedule as
8. specified in Bid document. Confirm contract period shall
be reckoned from the date of Fax of Intent.
Confirm acceptance of Price Reduction Schedule for
9.
delay in completion schedule specified in Bid document.
a) Confirm acceptance of all terms and conditions of
Bid Document (all sections).
10.
b) Confirm that printed terms and conditions of bidder
are not applicable.
11. Confirm your offer is valid for 3 months from
Final/Extended due date of opening of Techno-
commercial Bids.
Please furnish EMD/Bid Security details : NOT APPLICABLE
a) EMD/ Bid Security No. & date
12.
b) Value
c) Validity
Confirm acceptance to all provisions of ITB read in
13.
conjunction with Bid Data Sheet (BDS).
Confirm that Annual Reports for the last three financial
14.
years are furnished along with the Un-priced Bid.
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BIDDER'S
Sl. DESCRIPTION
CONFIRMATION
Confirm that, in case of contradiction between the
confirmations provided in this format and terms &
15.
conditions mentioned elsewhere in the offer, the
confirmations given in this format shall prevail.
Confirm the none of Directors of bidder is a relative of
16. any Director of Owner or the bidder is a firm in which
any Director of Owner/ BCPL or his relative is a partner.
17. All correspondence must be in ENGLISH language only.
Owner reserves the right to make any change in the
18. terms & conditions of the TENDER/BIDDING
DOCUMENT and to reject any or all bids.
Confirm that all Bank charges associated with Bidder's
19.
Bank shall be borne by Bidder.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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F-11
ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of tender document/information regarding the tender, Bidder shall
acknowledge the receipt and confirm his intention to bid or reason for non-participation
against the enquiry /tender through e-mail/fax to concerned executive in BCPL issued
the tender, by filling up the Format)
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures
for subject item/job and/or the information regarding the subject tender.
We intend to bid as requested for the subject item/job and furnish following details
with respect to our quoting office:
Postal Address with Pin Code : ....................
Telephone Number : ....................
Fax Number : ....................
Contact Person : ....................
E-mail Address : ....................
Mobile No. : ....................
Date : ....................
Seal/Stamp : ....................
We are unable to bid for the reason given below:
Reasons for non-submission of bid:
_____________________________________________________________________
Agency's Name : ....................
Signature : ....................
Name : ....................
Designation : ....................
Date : ....................
Seal/Stamp : ....................
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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F-12
UNDERTAKING ON LETTERHEAD
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Dear Sir
We hereby confirm that "The contents of this Tender Document No.
_____________________ have not been modified or altered by M/s. ................( Name of
the bidder with complete address). In case, it is found that the tender document has been
modified / altered by the bidder, the bid submitted by M/s...............(Name of the bidder)
shall be liable for rejection".
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
------------------------------------------------------------------------------------------------------------------------------------------
e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
2018-19"
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F-13
BIDDER'S EXPERIENCE
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
___________________
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
Sl. Descripti LOA Full Postal Value of Date of Scheduled Date of Reasons
No on of /WO Address & Contract/ Commence Completion Actual for delay
the No. and phone nos. of Order ment of Time Completi in
Services date Client. Name, (Specify Services (Months) on execution,
designation and Currency if any
address of Amount)
Engineer/
Officer-in-
Charge (for
cases other than
purchase)
(1) (2) (3) (5) (6) (7) (8) (9) (10)
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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F-14
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to
facilitate the bidder to make sure that the necessary data/information as called for in the bid document
has been submitted by them along with their offer. This, however, does not relieve the bidder of his
responsibilities to make sure that his offer is otherwise complete in all respects.
Please ensure compliance and tick () against following points:
REFERENCE PAGE
CHECK
SL. No. DESCRIPTION NO. OF THE BID
BOX
SUBMITTED
1.0 Signing and Stamping on each sheet of offer, original
bidding document including SCC, ITB, GCC ,SOR
drawings, addendum (if any)
2.0 Confirm that the following details have been submitted in
the Un-priced part of the bid
i Covering Letter, Letter of Submission
ii Signed and stamped original copy of bidding document
along with drawings and addendum (if any)
iii Power of Attorney in the name of person signing the bid.
iv Copies of documents defining constitution or legal status,
place of registration and principal place of business of the
company
v Bidders declaration that regarding, Holiday/ Banning,
liquidation court receivership or similar proceedings in
Format 7.
vi Details and documentary proof required against
qualification criteria along with complete documents.
(Also fill the documents & certification checklist given
below)
vii Confirm submission of document along with techno-
commercial bid as per bid requirement.
3.0 Confirm that all forms& formats duly filled in are
enclosed with the bid duly signed by authorized
person(s)
4.0 Confirm that the price part as per Price Schedule format
submitted with Bidding Document
5.0 Confirm that annual reports for last three financial years
& duly filled in Form 16 are enclosed in the offer for
financial assessment (where financial criteria of BEC is
applicable).
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Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
Bidder is requested to fill this check list and ensure that all detail/ documents have been submitted
including this Checklist duly duly filled in, signed & stamped along with the "Un-priced bid (Part-I)".
Non submission of any document/ submission without proper attestation may lead to rejection
of the Bid.
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THIS FORMAT TO BE FILLED BY THE BIDDER
TECHNICAL CRITERIA AS STIPULATED IN BEC
[PLEASE READ, SECTION II, CLAUSE NO. 1.1 OF BEC OF TENDER DOCUMENT AND GIVE BRIEF DETAILS AGAINST INDIVIDUAL DOCUMENTS SUBMITTED TO QUALIFY BEC-
TECHNICAL]
NOT APPLICABLE
THIS FORMAT TO BE FILLED BY THE BIDDER
FINANCIAL CRITERIA AS STIPULATED IN BEC
(NOT APPLICABLE FOR THIS TENDER)
[PLEASE READ SECTION-II, CLAUSE NO. 1.2 OF BEC AND GIVE BRIEF DETAILS IN THE BELOW CHECK LIST FORMAT]
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F-15
FORMAT FOR CERTIFICATE FROM BANK IF BIDDER'S WORKING CAPITAL
IS INADEQUATE
(To be provided on Bank's letter head)
(NOT APPLICABLE FOR THIS TENDER)
F-16
FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL
CAPABILITY OF THE BIDDER
(NOT APPLICABLE FOR THIS TENDER)
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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F-17
BIDDER'S QUERIES FOR PRE BID MEETING
To,
M/s BRAHMAPUTRA CRACKER AND POLYMER LIMITED
----------------------------------------------------------------
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
REFERENCE OF BIDDING
SL. DOCUMENT BIDDER'S BCPL'S
NO. BEC. Page Clause QUERY REPLY
Subject
NO. No. No.
NOTE: The Pre-Bid Queries may be sent by fax and also by e-mail before due date for
receipt of Bidder's queries.
SIGNATURE OF BIDDER: ___________________________
NAME OF BIDDER : ___________________________
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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F-18
E-Banking Mandate Form
(To be issued on vendors letter head)
1. Vendor/customer Name :
2. Vendor/customer Code:
3. Vendor /customer Address:
4. Vendor/customer e-mail id:
5. Particulars of bank account
a) Name of Bank
b) Name of branch
c) Branch code:
d) Address:
e) Telephone number:
f) Type of account (current/saving etc.)
g) Account Number:
h) RTGS IFSC code of the bank branch
i) NEFT IFSC code of the bank branch
j) 9 digit MICR code
I/We hereby authorize Brahmaputra Cracker and Polymer Limited to release any amount due
to me/us in the bank account as mentioned above. I/We hereby declare that the particulars
given above are correct and complete. If the transaction is delayed or lost because of
incomplete or incorrect information, we would not hold the Brahmaputra Cracker and
Polymer Limited responsible.
(Signature of vendor/customer)
BANK CERTIFICATE
We certify that --------------------------- has an Account no. ---------------------------- with us and
we confirm that the details given above are correct as per our records.
Bank stamp
Date (Signature of authorized officer of bank)
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SECTION-IV
GENERAL CONDITIONS
OF CONTRACT [GCC]
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CONSENT LETTER ON ACCEPATNCE OF GENERAL CONDITIONS OF
CONTRACTS (GCC)/GENERAL PURCHASE CONDITION (GPC)
NIT/RFQ NUMBER:
Dated:
Dear Sir,
I/we have read the following Conditions of Contract which is available in the BCPL website.
I/ we further confirm that we have agreed to all the conditions as printed/available in the
Documents in BCPL website in entirety and unconditionally.
1. General Conditions of Contract.
(https://bcplonline.co.in/UploadFiles/GCC_CONTRACTS.pdf )
Thanking you,
(Sign of the authorized signatory with the Company/ Firm seal)
Name:
Designation:
Company Seal:
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
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SECTION V
SPECIAL CONDITIONSOF CONTRACT [SCC]
&
SCOPE OF WORK (SOW)
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SPECIAL CONDITIONS OF CONTRACT [SCC]
SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
GENERAL:
A. The Special Condition of Contract shall be read in conjunction with the General
Conditions of Contract, Schedule of Rates, Specifications and any other documents
forming part of bid document, wherever the context so requires. Notwithstanding the
sub-division of the documents into these separate sections and volumes, every part of
each shall be deemed to be supplementary to and complementary of every other part
and shall be read with and into the CONTRACT so far as it may be practicable to do
so.
B. Where any portion of the General Condition of Contract is repugnant to or at variance
with any provisions of the Special Conditions of Contract, unless a different intention
appears, the provisions of the Special Conditions of Contract shall be deemed to over-
ride the provisions of the General Conditions of Contract and shall to the extent of
such repugnancy, or variations, prevail.
C. In case of an irreconcilable conflict between Indian or other applicable standards,
General Conditions of Contract, Special Conditions of Contract, Specifications or
Price Schedule, the following shall prevail to the extent of such irreconcilable conflict
in order of precedence:
i. Letter of Acceptance along with Annexures
ii. Fax of Acceptance
iii. Schedule of Rates
iv. Special Conditions of Contract
v. Instructions to Bidders / Terms of Reference
vi. General Conditions of Contract
vii. Other applicable Standards
1. ASSIGNMENT OF WORK
i. The assignment will be carried out only by the regular partner of the firm having
experience in the indirect taxation field."
ii. The firm will have to declare the name of the Partner having post qualification
experience in the field of indirect taxation who will be looking after the
assignment. Any change of team leader during the tenure of the assignment will
have to be approved by the EIC of BCPL.
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2. PRIORITY OF WORKS
OWNER reserves the right to fix up priorities which will be conveyed by Executive-
in-charge and the Consultant shall plan and execute work accordingly.
3. INTELECTUAL PROPERTY RIGHTS:
Accessibility to the documents of Owner shall be provided to the Auditor for
performing the necessary activities as per requirement. The Auditor should maintain
secrecy and should not divulge any information to any person/Organization in India or
abroad.
4. REPORT / PRESENTATION / REPLY AGAINST QUERIES:
The Auditor will submit copies of GST Audit Report in line of provisions of the GST
Law.
5. FIRM PRICE
The prices quoted by the Auditor should be firm and not subject to any price
escalation.
6. OWNER NOT BOUND BY PERSONAL REPRESENTATION
The Auditor shall not be entitled to any increase / or variation on the scheduled rates or
any other right or claim whatsoever by reason of any representations, explanations,
statements or alleged representation, promise or guarantee given or called to have been
given to him by any person.
7. CONTRACT PERIOD
Period of contract shall be up to 31.12.2019 or the dates as notified by GST Council
from the date of award / Fax of Acceptance (FOA).
8. GUIDELINES:
i. Auditor shall be responsible to collect data required for preparation of report.
ii. Auditor shall nominate a single point responsibility for all activities who will act
as the nodal point for all communication to be sent by BCPL to Consultant. BCPL
shall also nominate an Executive- in-Charge for the work.
9. REPORTING REQUIREMENTS:
i. The assignment should start with an opening meeting with HOD (Finance)
attended by Senior Chartered Accountant / Cost Accountant/ Advocate in charge
of the assignment within 1 week of award of LOA.
10. OTHER CLAUSES:
i. The applicant should not have been black listed/debarred/ disqualified by any
regulatory/ statutory body or Government entity or any International/National
agency for corrupt or fraudulent practices.
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ii. The applicant should not have an adverse litigation history.
iii. Documentary evidences in support of each of the above mentioned criteria are
required to be submitted.
iv. Performance Security shall not be applicable in the Contract
v. In case of suspension of work by auditor on BCPL's request no fees towards
demobilization and remobilization or any other account will be claimable by the
auditor.
vi. No Price Reduction Schedule will be applicable on the contract.
vii. The subject job does not involve any construction / project/ site/ related activities,
therefore, the site /construction /project related activities wherever mentioned
elsewhere in the tender are not applicable in the instant case.
viii. Health, safety and Environment (HSE) specification is not applicable in the
contract.
ix. After award of the contract, no sub-contracting shall be made by the Auditor either
directly or indirectly. The Auditor shall remain fully responsible for the
performance of services under the CONTRACT.
x. Confidentiality of Assignment:
a. BCPL and the Auditor agree to keep confidential (i) the terms and conditions of
the Contract (ii) any data/ information related to the Contract which is not in
public domain and which may have a material effect on the Contract, and (iii)
any opinion, advice, statement, experts' views, documents, technical particulars,
etc., provided by BCPL to the Auditor and vice versa. Further, the Auditor and
BCPL agree that none of the foregoing matters may be disclosed or referred to
publicly or to any third party not concerned with the Contract excluding the
Government of India, BCPL or its authorized assigns or any such other body
which has the authority to ask for such information under the law except in
accordance with the written authority of the other Party.
b. The provisions of the clause shall continue to be in force after the termination
or completion of Services under the Contract and shall expire after 24 months
from termination or completion of service
xi. Paying Authority:
a. Paying Authority: HOD (F&A) BCPL is the paying authority. M/s BCPL
would release the payment of each invoice for the assignment completed as per
SOR along with other reimbursement claimed as per tender terms &
conditions.
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The invoice is to be raised in the name of M/s BCPL and to be submitted on completion of
assignments
SCOPE OF WORK AND PAYMENT TERMS:
GST Audit in line of provisions of the 100% payment will be released on Compilation and
GST Law. BCPL is registered in the State submission of GST Audit Report.
of Assam, Uttar Pradesh & Karnataka.
There is no outward supply in the state of
Uttar Pradesh & Karnataka during the FY
2018-19. The Manufacturing facility &
the administrative control of BCPL are
located at Lepetkata, Dibrugarh Assam.
Out of Pocket Expense A. Air Travel by economy class by the cheapest airline
available. For Rail journey II nd A.C. rail fare.
Local Conveyance - At actual by Taxi, subject to
submission of bill. The maximum number of person
allowed for each visit will be limited to two.
B. Cost towards accommodation and food facility will
be reimbursed against documentary evidence subject
to a maximum of Rs. 2500/- (per person).
C. The reimbursement will be at actual as above
against documentary evidence. However maximum
ceiling amount payable for Travel, Local
conveyance & Accommodation under the contract
will be limited to the amount offered/specified in the
Schedule of Rate.
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SECTION-VI
HEALTH, SAFETY
ENVIRONMENT [HSE] SPECIFICATIONS
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SECTION-VI
HEALTH, SAFETY AND ENVIRONMENT [HSE] SPECIFICATIONS
1.0 SCOPE
These specifications establish the 'Health, Safety and Environment [HSE] Management'
requirement to be complied with by the Contractors during executing their Job. Requirements
stipulated in these specifications shall supplement the requirements of 'HSE Management'
given in relevant act(s) / legislation(s).
2.0 REQUIREMENTS OF 'HEALTH, SAFETY AND ENVIRONMENT [HSE]
MANAGEMENT SYSTEM' TO BE COMPLIED BY BIDDERS
2.1 Preferably, the Contract should have a documented 'HSE Policy' to cover commitment of
their organization to ensure health, safety and environment aspects in their line of operations.
2.2 The Contractor shall ensure that the BCPL's 'Health, Safety and Environment [HSE]'
requirements are clearly understood and faithfully implemented at all level, at sites.
2.3 Contractor shall promote & develop consciousness for health, safety & environment among
all personnel working for the Contractor. Regular work-site meetings shall be arranged on
'HSE' activities to cover hazards involved in various operations during executing their jobs,
location of First Aid Box, trained personnel to give First Aid, Assembly Points, standby
Ambulance or vehicle and fire protection measures such as fire hydrant, water and fire
extinguishers, etc.
2.4 Non-conformance of 'HSE' by Contractor [including his sub-Contractors] as brought out
during review/audit by BCPL / external agency authorized by BCPL, shall be complied by
Contractor and its report to be submitted to BCPL.
2.5 Contractor shall adhere consistently to all provisions of 'HSE' requirements. In case of
non-compliance of continuous failure in implementation of any of the 'HSE' provisions,
BCPL may impose stoppage of work and a suitable penalty for non-compliance. The decision
of imposing work-stoppage, its extent & monetary penalty shall rest with BCPL.
2.6 All fatal accidents and other personnel accidents shall be investigated for root cause by BCPL
and Contractor shall extend all necessary help and cooperation in this regard. Recommend
corrective and preventive actions of findings will be communicated to Contractor for taking
suitable actions should be taken by the Contractors to avoid recurrence of such incidences.
2.7 Contractor shall ensure that all their staffs and workers, including their sub-Contractor(s),
shall wear 'Personal Protective Equipments [PPEs]' such as safety helmets, safety shoes,
safety belts, protective goggles, gloves, etc., as per job requirements. All these gadgets shall
conform to relevant IS specifications or equivalent.
2.8 Contractor shall assign competent & qualified personnel for carrying out various tasks/jobs as
per requirement.
2.9 All equipments should be tested and certified for its capacity before use.
2.10 Contractor shall ensure storage and utilization methodology of materials that are not
detrimental to the environment. Where required, Contractor shall ensure that only the
environment-friendly materials are used.
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2.11 All persons deployed at site shall be knowledgeable of and comply with the environmental
laws, rules and regulations relating to the hazardous material substances and waste.
Contractor shall not dump release or otherwise discharge of dispose off any such materials
without the express authorization of BCPL.
2.12 Contractor should obtain all work permits before start of activities [as applicable] like hot
work, confined space, work at heights, storage of chemicals/explosive materials and its use &
implement all precautions mentioned therein.
2.13 Contractor should display at site office and work locations caution boards, provide posters,
banners for safe working to promote safety consciousness, etc.
2.14 Contractor should carryout audits/inspections/supervisions at the sub-Contractor's works and
submit the reports for review by BCPL.
1.0 RELEVANT CODES FOR 'PERSONAL PROTECTION EQUIPMENTS'
IS: 2925 1984 Industrial Safety Helmets
IS: 47701 1968 Rubber Gloves for Electrical Purpose
IS: 6994 - 1973
Industrial Safety Gloves [Leather & Cotton Gloves]
[Part-I]
IS: 1989 - 1986
Leather Safety Boots & Shoes
[Part-II]
IS: 5557 - 1969 Industrial & Safety Rubber Knee Boots
Code of Practice for Selections, Care & Repair of Safety
IS: 6519 1971
Footwear
IS: 11226 1985 Leather Safety Footwear Having Direct Molding Sole
IS: 5983 - 1978 Eye Protectors
IS: 9167 - 1979 Ear Protectors
IS: 3521 - 1983 Industrial Safety Belts & Harnesses
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SECTION-VII
SCHEDULE OF RATES
[SOR]
UN-PRICED BID
SUB: SUB: "HIRING OFAUDITOR SERVICES FOR GST AUDIT
FOR FY 2018-19"
e-TENDER NO.: BCPL/C&P/LE19W147SD/90001240
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e-TENDER NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR SERVICES FOR GST AUDIT FOR FY
2018-19"
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Brahmaputra Cracker and Polymer Ltd.
(A Government of India Enterprise)
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(BIDDER TO MENTION AS "QUOTED" IN UN-PRICED SOR)
TENDER NO.: BCPL/C&P/LE19W147SD/90001240
"HIRING OF AUDITOR SERVICES FOR GST AUDIT FOR FY 2018-19"
Item
Service Description UOM QTY Basic Unit Rate Total Amount (E*D)
No.
(In numerical) Rs. (In words) Rs. (In numerical) Rs. (In words) Rs.
A B C D E F G H
1 GST AUDIT FEES LMP 1
A Total Basic Amount exclusive of GST[CGST+SGST or IGST]:
B Applicable GST [CGST+SGST or IGST] Rate in [___%]:
C Total Amount inclusive of GST [CGST+SGST or IGST] IN FIGURES):
TRAVELLING AND OUT OF
2 LMP 1
POCKET EXPENSES
D Total Amount inclusive of GST [CGST+SGST or IGST] & travelling charges (IN FIGURES) [D = (A) +2 ]:
E Total Amount Inclusive of GST [CGST+SGST or IGST]& travelling charges (IN WORDS):
SAC CODE towards subject SERVICE / JOB:
NB:
1. BCPL will provide local transport (To and fro Airport to Hotel/Guest House, To and fro daily transport hotel/Guest House to the site and transportation inside the site) free
of cost or will be paid at actual if it has to be arranged by the service provider. Accommodation and food facility shall be arranged at BCPL Guest House. In case the same is
not available, it will be reimbursed at actual on submission of documentary evidence.
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2. EVALUATION
e-TENDER SHALL BE CARRIED OUT
NO: BCPL/C&P/LE19W147SD/90001240 FOR "HIRING OFAUDITOR
CONSIDERING THE RATESSERVICES QUOTED
FOR GST FOR
AUDITMAXIMUM TRAVELLING
FOR FY 2018-19 " COST.
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Brahmaputra Cracker and Polymer Ltd.
(A Government of India Enterprise)
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Name of authorized person submitting the tender on behalf of the Bidder (s):
Name of firm / Contractor:
Address of firm / Contractor:
Date:
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SCHEDULE OF RATES
[SOR]
(TO BE SUBMITTED IN e-MODE IN NIC CPP
PORTAL)
https://eprocure.gov.in/eprocure/app
BIDDER MAY REFER INSTRUCTIONS FOR PARTICIPATION IN e-TENDER
under section III of ITB
e-Tender Helpdesk
BCPL :- Phone : 6900182953 NIC :- Phone : 1800-233-7315, 0120-4200462, 0120-4001002
Mobile : 8811017320 Mobile : 8826246593
Email : etender@bcplindia.co.in Email : cppp-nic@nic.in
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