CPO.KR.SP.19.13.

23031
CRFQ 1000404182

SPECIAL TERMS AND CONDITIONS

JOB: RECERTIFICATION AUDIT FOR INTEGRATED MANAGEMENT SYSTEM

FOR BPCL KOCHI REFINERY

This is a non-divisible Service Contract.

Kindly note that this is a GEM tender in Two Bid System.

We require the offer to be uploaded to GEM portal.

Bidders are requested to download the complete tender documents from the GEM portal and
ensure that all the documents are downloaded.

Bidders are requested to note that, the prices are to be entered only in the Price format available
in the GEM portal.

SUBMISSION OF BIDS ONLINE IN GEM PORTAL

Bidders are requested to submit/ upload their offer with all required documents through GEM
portal. All documents required for the bid duly signed and stamped, shall be uploaded at the
appropriate place in the GEM portal.

All the bids shall be evaluated from the inputs made by the bidders on the GEM portal. Bids will
be evaluated on overall L1 basis.

Please note that the offers submitted against this "tender" will be evaluated "electronically" and
vendors are requested to comply with the following guidelines while submitting the offer.

You are invited to quote on "Two Bid Basis" for the subject work as per the enclosed Tender
Documents. Your quoted rates shall be inclusive of all applicable taxes and duties including GST.
Your rates shall remain firm till the duration specified in the tender.

DOCUMENTS REQUIRED TO QUALIFY FOR PRE-QUALIFICATION CRITERIA:

All Copies of BQC supporting documents to be submitted for this tender should be duly verified
with originals & attested by TPIAs which are registered under “NABCB accredited bodies as per
requirement of ISO/IEC17020/25 as Type A” in QCI’s NABCB website as on the date of
attestation. The link is as below:
https://nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php

If there is no changes in the document data and the document is already verified & attested by
the above independent third party inspection agency (TPIA), such verified documents can be
submitted for qualifying the BQC without again verification and attestation from above TPIA.
Bidder has to upload the duly verified & attested documents along with the respective TPIA
verification certificates duly signed & stamped by authorized signatory of TPIA before the due
date of submission of the bids. Separate undertaking notes from the TPIA and the bidder as per
the attached format as per Annexure-A (TPIA) and Annexure B (Bidder) respectively shall be
uploaded as a part of the BQC bid as the case may be.
In case of work order/P.O. issued by BPCL, certification by TPIA is not mandatory.

All related documents (duly verified & attested by TPIA) required / specified to qualify against
the Pre-Qualification Criteria (PQC), shall be forwarded to the following address so as to reach
us not later than 7 days from the Bid Due Date (BDD) indicated, failing which the offer shall be
liable for rejection. It is solely the Bidder's responsibility to ensure that above documents reach
us on or before the period specified as above.

The above documents shall be put in a sealed envelope superscribing Tender Number, Job Name
and the name and address of the bidder.

Bidder has to upload the duly verified & attested documents along with the respective TPIA
verification certificates duly signed & stamped by authorized signatory of TPIA before the due
date of submission of the bids as specified in Pre-qualification criteria.

Address for forwarding the documents:

PRANAY AURORA
PROCUREMENT MANAGER (CPO-KR)
BHARAT PETROLEUM CORPORATION LTD
CPO-KOCHI REFINERY, AMBALAMUGAL, KOCHI - 682 302
ERNAKULAM DISTRICT, KERALA, INDIA
PHONE; 0484-282 1628

Scanned copies of the above documents shall be uploaded in GEM portal.

Note: The bidders who are already registered with BPCL should submit all technical and
financial documents necessary for qualification as specified in the Bid Qualification
Criteria. Certification of documents by TPI is not mandatory for BPCL registered
bidders. The bidders who are registered with BPCL need to give valid documentary proof
of registration.

EARNEST MONEY DEPOSIT (EMD):

Earnest Money Deposit (EMD) @ Rs.39,250.00 (Rupees Thirty Nine Thousand Two Hundred
Fifty only) is applicable for each tender and shall be submitted before the Bid Due Date. EMD
shall be submitted in the form of Demand Draft or Bank Guarantee from any Indian Scheduled
Bank only in favour of Bharat Petroleum Corporation Limited., payable at Kochi or Electronic
Funds Transfer to BPCL Bank Account.

EMD shall be given by all the participating vendors including BPCL registered vendors
except the categories of vendors mentioned below. Offer submitted without EMD shall not
be acceptable.

EMD in the form of swift message/Cheque/Cash etc shall not be acceptable.

The permissible forms of Deposit are:

a) Bank Draft drawn in favour of Bharat Petroleum Corporation Ltd. Electronic Funds Transfer
to BPCL's Bank Account (Account No. - 00200110000048 Account Name: Bharat Petroleum
Corporation Ltd. Address of Bank: HDFC Bank Ltd, Ernakulam, Kerala, IFSC Code -
HDFC0000020, Name of Beneficiary - Bharat Petroleum Corporation Ltd.)
Bank Guarantee (BG) executed by any Scheduled Bank approved by Reserve Bank of India as
per the proforma attached. The BG shall remain valid for a period of six months from the due
date of opening the tender.

b) Bank Guarantees are strictly in accordance with the proforma mentioned in GCC.

c) Exemption from submission of EMD:

Following categories of bidders shall be exempted from submission of EMD:

i. Units registered with National Small Industries Corporation (NSIC);

ii. Units falling under Micro & Small Enterprises (MSEs) category as defined under the MSMED
Act 2006. (Bidders who claim MSE preference shall submit Udyam Registration Certificate and
CA Certificate, as per the format attached. Bidders who fail to submit these certificates while
submitting offer may not be considered for MSE preference for exempting submission of EMD).

The above are subject to the fulfilling of under mentioned conditions:

a) Units should be registered with National Small Scale Industrial Corporation Limited (NSIC)
or with any of the Authorities specified under the Public Procurement Policy for MSE's.
(DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and Handloom or any other
body specified by Ministry of MSME.)
b) The Unit should be registered for the item tendered.
c) The monetary limit, if any, indicated in the registration certificate should cover value of items
ordered
d) Registration Certificate is valid for a period at least up to validity of the offer.
e) Attested copy of valid relevant registration certificate should be submitted in support.
f) All bidders quoting as MSE would submit certificate from Chartered Accountant (CA
Certificate) as per the format attached along with this tender.
g) Registration with DGS&D will not entitle a Tenderer to claim above exemption.

VENDOR DETAILS:

Bidders are requested to submit Vendor details in the attached Annexures along with self-attested
copies of relevant documents like PAN, Certificate of Incorporation, GST Registration
Certificate, MSME Registration Certificate (if applicable), NEFT Mandate Form, etc. as
mentioned therein.

VALIDITY:

All the Proposals shall be valid and remain effective for a period of One Eighty (180) days from
the "Bid Due Date or Extended Due Date". BPCL may request the bidders to extend the validity
of the Proposals, and the bidders so requested shall be prepared to favourably consider the
requested validity extension.

CONTRACT PERIOD: The contract period shall be 3 years from the date of award.

Officer in charge & Contact person for technical queries:

MR. PRITHIVI KUMAR D A

CHIEF MANAGER (QMC)
E-mail id : [email protected]
Ph : 0484 282 1306
All techno commercial queries have to be clarified before due date for opening.

GENERAL CONDITIONS OF CONTRACT (GCC): Applicable.

LIQUIDATED DAMAGES CLAUSE: Not Applicable.

SECURITY DEPOSIT CLAUSE: Not Applicable.

DEFECT LIABILITY PERIOD: Not Applicable.

PAYMENT TERMS:

A single lumpsum fee shall be quoted for the entire job. Terms of payment shall be as follows.

a. 50% of lumpsum fee on completion of Recertification audit

b. 25% of lumpsum fee on completion of 1st surveillance audit
c. 25% of lumpsum fee on completion of 2nd surveillance audit

NOTE: The lump sum quoted amount shall be inclusive of to & fro travel, local conveyance
(excluding conveyance within company premises), boarding & food for the auditors. No extra
claims shall be permissible under any circumstances.

QUOTATION DUE TIME FOR SUBMISSION:

14:00 Hrs. on the due date specified in the GEM portal.

OPENING OF TENDERS:

The EMD will be opened at 14:30 Hrs. on the same day. PQ and technical (unpriced) bids will
be opened after EMD evaluation. Pre-qualified bidders will be intimated about the date and time
of opening of price bids.

BIDDER PARTICIPATION:

Bidders can view the details of tender opening in GEM portal.

TAX RECOVERY:

Tax at the prevailing rate is applicable on liquidated damages & on any penal recovery and shall
be recovered extra on the amount of LD levied.

ADDITIONAL TERMS AND CONDITIONS UNDER GST:

1. The quoted prices shall be deemed to be inclusive of all taxes and duties except "Goods and
Services Tax" (hereinafter called GST) (i.e. IGST or CGST and SGST/UTGST applicable in case
of interstate supply or intra state supply respectively).

2. Contractor/vendor shall be required to issue tax invoice in accordance with GST Rules so
that input credit can be availed by OWNER/BPCL. In the event that the Contractor / Vendor fails
to provide the invoice in the form and manner prescribed under the GST Act read with GST
Invoicing Rules there under, OWNER/BPCL shall not be liable to make any payment against
such invoice.
3. GST shall be paid against receipt of tax invoice and payment of GST to Government of India.
In case of non-receipt of tax invoice or non-payment of GST by the Contractor/Vendor, BPCL
shall withhold the payment of GST.

4. GST payable under reverse charge, if any, shall not be paid to the Contractor/Vendor but will
be directly deposited by BPCL to the Government of India.

5. The Contractor/Vendor shall take steps viz uploading invoice in GSTR 1, payment of the tax
liability on the said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the OWNER to avail
tax credit/s including input tax credit. In case of any loss or non-availability of input tax credit
by the OWNER due to non-compliance of applicable GST laws in force, on the part of
CONTRACTOR/VENDOR, an amount equivalent to any tax liability accruing to the OWNER
and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax
credit or any liability accrued to the OWNER shall either stand cancelled or deducted from the
payment due to the CONTRACTOR/VENDOR or shall be reimbursed by the
CONTRACTOR/VENDOR as the case may be till such default is either rectified or made good
by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit
within the time-lines as per applicable laws.

6. Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the
OWNER at any point of time on account of non-compliance of applicable tax laws or rules or
regulations thereof or otherwise due to default on the part of CONTRACTOR/VENDOR shall
be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, and
interest as the case may be shall be reimbursed by the CONTRACTOR/VENDOR within 30
days. Any GST as may be applicable on such recovery of amount shall also be borne by
VENDOR."

7. Notwithstanding anything contained anywhere in the Agreement, in the event that the input
tax credit of the GST charged by the Contractor / Vendor is denied by the tax authorities to BPCL
due to reasons attributable to Contractor/ Vendor, BPCL shall be entitled to recover such amount
from the Contractor / Vendor by way of adjustment from the next invoice or from Bank
Guarantee available. In addition to the amount of GST, BPCL shall also be entitled to recover
interest at the rate of 12% and penalty, in case any penalties are imposed by the tax authorities
on BPCL.

8. TDS under GST, if applicable, shall be made from contractor's/vendor's bill at applicable rate
and a certificate as per rules for tax so deducted shall be provided to the contractor/vendor.

9. No variation on account of taxes and duties, statutory or otherwise, shall be payable by BPCL
to contractor/vendor except for GST. However, any statutory variation for GST shall be payable
up to contractual date of completion/delivery against documentary evidence. Any reduction in
taxes and duties included in the price shall be passed on to BPCL.

10. Any new taxes, duties, cess, levies notified or imposed after the submission of last /final price
bid but before the contractual date of completion/delivery of work/item shall be to BPCL's
Account.

In order to avoid loss of Input Tax Credit (ITC) to BPCL the revised process of release of GST
amount applicable wef from October 2022 is given below:
1. GST Amounts shall be released by BPCL only upon reflection of corresponding invoice
details in the BPCL GSTR-2B report as made available on the GST Portal on or after 14th of
succeeding month.
2. For invoices received and processed during any month, if the details of invoices are not
appearing in the BPCL GSTR-2B then GST amount shall be with-held till such time the same is
reflected in BPCL GSTR-2B.
3. In case invoices details are already appearing in the GSTR-2B at the time of processing
the payments then for such cases the GST amount shall not be with-held and 100% payment
including GST shall be released in line with current practices.

ESI/EPF SCHEME:

1. The contractor shall enroll his employees to be deployed, under Employees State
Insurance (ESI) and Employees Provident Fund (EPF) Schemes. The contractor is required to
produce the original Register of Wages-cum-Muster Roll with the signature of workmen, duly
certified by the Engineer-in-Charge witnessing payment of wages.

2. If the contractor is having his own ESI & EPF Codes and the employees are covered
under those codes, the contractor shall submit the original challans showing proof of remittance
in each month. The contractor shall also furnish copy of the Return of Contribution for the
relevant period to prove that his employees are covered under the Schemes.

3. The employees drawing salary above ESI ceiling should be covered under Workmen
Compensation Policy or Group Personal Accident Policy.

If the contract awarded is for project works, the contractor shall give preference to evictees
having ID cards while engaging construction workers in project sites, subject to their suitability.

BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever.
Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the
past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/decision of BPCL
regarding the same being final and conclusive.

IDENTITY BADGE:

Contract employees should wear their identity badge while they are inside the Refinery.

MEDICAL FITNESS CERTIFICATION:

Contractor shall follow guidelines for medical fitness certification of workers employed for
working at height more than 30 meters using temporary structures.

HOUSEKEEPING PLAN:

For jobs involving generation of scraps and surplus materials, the following condition is
applicable:

Dismantled Piping/ Equipment and metallic scrap/ debris shall be cut into regular shapes of
maximum length of 6 Met-suitable for transportation by truck-and handover the same at
designated scrap yards of P&CS Department. The metallic parts shall be free from oil/other
combustible material. Refractory/ Insulation material(if any) shall be removed from the metal
parts before handing over the same at the scrap yards.

The work under this tender is non-divisible. Purchase preference for MSE and PP-LC policy will
be applicable according to policies of Govt. of India in this regard.
PURCHASE PREFERENCE CLAUSE TO MSE VENDORS:

Owner reserves its right to allow Public Sector Enterprises (central/state), Purchase Preference
as admissible/ applicable from time to time under the existing Govt. Policy. Purchase Preference
to a PSE shall be decided based on the price quoted by PSE as compared to L1 vendor at the time
of evaluation of the price bid.

Owner reserves its right to allow Micro and Small enterprises (MSEs), MSEs owned by Women
Entrepreneurs and MSEs owned by Scheduled Caste (sc) or the Scheduled Tribe (ST)
Entrepreneurs, Purchase Preference as admissible/applicable from time to time under the existing
Govt. Policy. Purchase Preference to a MSE, a MSE owned by women entrepreneurs and a MSE
owned by SC/ST Entrepreneurs shall be decided based on the price quoted by the said MSEs as
compared to L1 vendor at the time of evaluation of the price bid.

Bidders claiming purchase preference as MSE need to submit self-attested copy of "UDYAM
REGISTRATION CERTIFICATE".

"All bidders quoting as MSE would submit Certificate from Chartered Accountant (CA
Certificate) strictly as per attached format along with Udyam Registration Certificate (not
applicable in case of NSIC) to avail the benefits under Public Procurement Policy as per MSME
Act. The CA certificate should be dated after the date of floating of tender and shall be specific
to the tender for which bid is being submitted. Hardcopy of the CA certificate shall be submitted
to CPO-KR within 7 days from the bid due date."

MSE PURCHASE PREFERENCE FOR NON-DIVISIBLE CONTRACTS:

All Micro & Small Scale Enterprises (MSE) vendors quoting in the price band of L1+15% and
the natural L1 bidder is a non-MSE vendor, this job shall be awarded for full/complete tendered
quantity, subject to bringing down of price to L1 bidder by the concerned MSE vendor. However,
this is not applicable for works contract jobs.

In case of more than one such MSEs are quoted in the price band of L1+15%, then L1 MSE will
be offered first and if matches the natural L1 price, that MSE shall be allowed to supply and
installation of total tendered quantity. If L1 MSE does not match the natural L1 price, other
MSEs falling in range of L1+15% band will be offered in order of L2 MSE, L3 MSE etc. until
they match L1 price. No separate preference will be given to MSE owned by SC/ST
entrepreneurs over MSE owned by general person".

BPCL SUPPLIER/VENDOR ADVISORY ON ENVIRONMENTAL CRITERIA:

Kindly see the "BPCL Supplier / Vendor Advisory on Environmental Criteria" attached along
with this Request For Quotation. We request all our vendors/suppliers to follow the 'advisory
guidelines on environmental criteria' detailed therein to protect and conserve our environment.

HOLIDAY LISTING POLICY :

Kindly see the Holiday listing policy attached along with this Request for Quotation.

DECLARATION BY BIDDERS REGARDING HOLIDAY LISTING STATUS:

The attached declaration should be submitted by the bidders along with their offers. Offers not
accompanied with such a declaration shall be liable for rejection. Any wrong declaration in this
context shall make the agency liable for action under the attached Holiday Listing Policy.
BANNING OF HYDRA CRANES IN THE REFINERY:

Please note that use of pick and carry cranes of the models Hydra manufactured by M/s. Escorts,
Rhino series of M/s. ACE and cranes of similar design with articulated booms in the refinery is
prohibited.

DOCUMENTS FOR VENDOR CREATION:

If the bidder is not an enlisted vendor in BPCL, the following documents are required to upload
in GeM Portal for vendor code creation.

1. Documents as per the attached vendor registration formats are to be filled and signed by
the bidder (Annexure 1, 2 & 3)
2. Copy of PAN
3. Copy of GST Tax registration Certificate
4. Copy of Incorporation Certificate in case of Company / Partnership Deed in case of
Partnership firms.
5. Copy of UDYAM registration certificate, in case of MSE bidder

Please note that if the bidder is a registered vendor in BPCL, the above documents are not
required, mention the Vendor code with BPCL in the offer.

ENGAGEMENT OF CONTRACT LABOUR: Contractors/ Service provider hereby agrees to

ensure that the contract labour engaged by him/her for carrying out his/her contractual obligation
will be up to 60 years of age. In case of any deviation, the Management reserves the right to take
suitable action against the Contractor/ service provider.

BOCW CESS

Building and Other Construction Workers Welfare Cess Act 1996 applies to all construction
works carried out in premises not covered under factories Act 1948. BOCW cess shall be
deducted @ 1% from the bill at the time of payment. The cess shall be deducted on value of the
contract. This shall not include any free issue material issued for the job/ cost of land. This Cess
will be computed before GST. Definition of Construction Works as per the Act Building or Other
Construction Works means the construction, alteration, repairs, maintenance or demolition, of or
in relation to building, street, roads, railways, tramways, airfields, irrigation, drainage,
embankment and navigation works, flood control works (including storm water drainage works),
generation, transmission and distribution of power, water works (including channels of
distributing water), oil and gas installations, electric lines, wireless, radio, television, telephone,
telegraph, and overseas communications, dams, canals, reservoirs, watercourses, tunnels,
bridges, viaducts, aqua-ducts, pipelines, towers, cooling towers, transmission towers and such
other work as may be specified in this behalf by appropriate Government, by notification but
does not include any building or other construction work to which the provisions of the Factories
act 1948 or the mines Act 1952 applies.

BOCW Cess shall be applicable to the following type of projects:-

a. All Greenfield Projects like: i. New Depots/ Installations/ Terminals/ LPG Plants/ AFS stations
ii. New Petrochemical Projects/ Bio fuels projects etc. iii. New Lube hubs/ depots iv. Pipeline
Projects v. New Retail Outlets
b. Office buildings projects/ transit flats
c. Residential Complexes
d. Any other project done in a location not registered under Factories Act.
e. Any major Repair and maintenance and;
f. The Project/ Establishment employs more than 10 construction workers for the job on any day
in 12 months.

Bidders are there for requested to take into consideration above Cess (If applicable) while
quoting.

DEVIATION:

You are requested to have all your queries clarified before bidding (during pre-bid meeting).
However, if you still have deviations from our RFQ and the attachments (specifications /scope
of work), please indicate deviations in your offer under a separate title 'DEVIATIONS' giving
reference to clause no. Deviations appearing under clause 'DEVIATIONS' shall be considered
while evaluating the offer. (Ref. Format for Exemptions and Deviations) In case your offer does
not contain a separate title "DEVIATIONS", it will be considered that you are accepting all the
clauses and specification in Toto.

BID REJECTION CRITERIA FOR TENDER:

The following provisions of the bidding document must be adhered to without deviation, failing
which the bid shall be considered to be non-responsive and rejected.
a) Bid Validity
b) Time schedule
c) EMD/ Bid Security, if applicable
d) Security Deposit / Performance Bank Guarantee
e) Scope of Work / Scope of Supply
f) Price Reduction Schedule / Liquidated Damages for delay.
g) Payment Terms
h) Deviation to terms & conditions of RFQ / and its Addendum / Corrigendum if any
i) Presumptions etc. in Price Bid and "terms & conditions of tender".
j) Defects Liability Period
k) Schedule of Rates / Prices
l) Integrity Pact, if applicable
m) Any type of price information in Technical Bid/ un-priced bid.
n) Bidder does not quote for any service item in price bid
o) Bidder quotes "zero" for any service item in price bid

Item: n & O is generally for services

__________________________________________
(For) Central Procurement Organization (Refineries),
Kochi Refinery, BPCL, Ambalamugal – 682302.