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Tendernotice 1
Tendernotice 1
TABLE OF CONTENTS
A. INTRODUCTION............................................................................................................................ 2
B. BRIEF SCOPE OF WORK ............................................................................................................ 2
C. SALIENT FEATURES OF NOTICE INVITING TENDER (NIT) ..................................................... 3
D. EARNEST MONEY DEPOSIT (EMD) .......................................................................................... 13
E. GENERAL.................................................................................................................................... 13
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
A. INTRODUCTION
M/s. TECHNIP ENERGIES INDIA LIMITED (TPIL) as CONSULTANT on behalf of OWNER M/s. INDIAN OIL
CORPORATION LIMITED (IOCL) invite e-Bids for execution of SECOND STAGE HYDRO
DESULFURIZATION (HDS) REACTOR HEATER FOR GDS REVAMP OF PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LUPECH” (J-18) PROJECT AT IOCL GUJARAT REFINERY, INDIA on
Domestic Competitive Bidding under Single Stage Two-Bid system (Part-1: Techno-Commercial Part
and Part -2: Price Part) from competent Bidders with sound Technical and Financial capabilities fulfilling the
Qualification Criteria as stated elsewhere in this document.
For detailed scope, refer the relevant sections of the Bidding Document.
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
6 Non-Disclosure Agreement
Only the Commercial Part and Priced Part of the Bidding Document
along with the Confidentiality Agreement Format are being issued and
uploaded on the e-tendering portal (https://iocletenders.nic.in).
Site Visit – Bidders to reach Vadodara in advance for site visit and
follow the local quarantine / RT PCR test requirement. Prevailing
Refinery Covid-19 Protocol shall be followed.
teams@pexip.technipfmc.com
Site Visit and Pre-Bid
7. Meeting Video Conference ID: 125 355 589 7
EMD is currently not applicable for this tender. Bidder shall sign and
Earnest Money Deposit
submit the format of bid security declaration in lieu of EMD attached as
11 (EMD)
per Annexure-II of NIT.
TECHNICAL CRITERIA
For Qualification of bidder, all below clauses shall be read in conjunction.
12.1
Experience of modification/revamp carried out in existing Heater/ Furnace shall not be considered
for qualification.
Bidder shall have completed, on his own “Detailed Engineering, Procurement, Fabrication, Supply,
Installation / Installation assistance and Commissioning / Commissioning assistance” of atleast
one fired heater/ cracker furnace /reformer furnace with total absorbed heat duty of at least 1.4
12.1.1
MMKcal/hr in hydrocarbon service in entirety in Petroleum Refinery/ Petrochemical Unit/ Fertilizer
industry.
i. Bidder should have carried out “Thermal and Structural Design of minimum one heater/ cracker
furnace/ reformer furnace with a total absorbed heat duty of 1.4 MMKcal/Hr”.
ii. In case bidder on his own does not meet the criteria specified in 12.1.2 (i) above in terms of
“Thermal and structural design on its own for above referred heater/ cracker furnace/ reformer
furnace, the Bidder can be qualified provided :
a) The bidder engages an engineering sub-contractor who meets the Design (Thermal and
Structural Design) criteria mentioned in 12.1.2 (i) above.
b) The proposed engineering sub-contractor shall be identified by the bidder during bidding stage
12.1.2 and shall not be allowed to change subsequently. The bidder shall be qualified based on the
experience of the sub-contractor in Design (Thermal and Structural Design). The engineering
sub-contractor shall furnish the documentary evidence for meeting the Design (Thermal and
Structural design) mentioned above.
c) At the time of bidding, the Bidder shall furnish a Memorandum of Understanding (MoU) with
the engineering sub-contractor clearly indicating the scope of work, responsibilities and stating
that Design (Thermal and Structural design) shall be carried out by the engineering sub-
contractor. The MoU shall be valid for at least 04 (Four) years or till the Defect Liability Period
whichever is later, from the date of scheduled bid submission.
Bidder must have successfully supplied at least one fired heater/cracker furnace / reformer furnace
12.1.3 with Alloy Steel / Stainless Steel metallurgy for Process coils in Petroleum Refinery or Petrochemical
unit or Fertilizer Industry.
All the fired heater(s) job(s) for which the credentials are submitted by bidder in support of technical
experience criteria (referred in Clauses 12.1.1, 12.1.2 & 12.1.3) above, must have been
commissioned and should have completed operation for at least one (1) year after commissioning
12.1.4 within the last Twelve (12) years ending on last day of the month immediately previous to the month
in which last date of bid submission falls (in case of extended bid submission date, original bid
submission date shall be considered).
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
Proof of commissioning from Owner/End User shall be submitted by the Intending Bidder
along with the Technical Bid.
However, for operation for at least 1 (one) year after commissioning any one of the
following document is required to be submitted by the bidder along with the Bid.
• Certificate of Release of full Security Deposit (Bank Guarantee) by Client against the
defect liability period OR
• Certificate of Completion of Performance Guarantee and Test run (PGTR) with completion
date at least 1 year prior to bid submission OR
• Certification by CEO/CFO with due notarization that Defect Liability Period is completed
and there is no claim by client on account of performance of the Plant/Equipment
OR
For reference job of IOCL in support of successful operation of one year, bidder need not submit
any additional certificate. However, the qualification of the reference job order submitted by the
bidder for the tender will be checked internally by IOCL based on the information submitted with
the bid.
For fulfilling the Financial criteria (ATO) an audited balance sheet and profit & loss account of the
Bidder shall be considered as acceptable proof.
12.2.1 The failure to meet Annual Turnover (ATO) above will render the bid to be summarily rejected.
Bidder shall have positive PAT (Profit after tax) in at least one of the last three preceding financial
years i.e. 2019, i.e. 2020, or financial year ending 2021. To establish the same, Bidder shall furnish
the latest Audited Financial Statement including Auditors reports, Audited Balance Sheet, Profit &
Loss Account, Notes, Annexures (if any) etc.
In case of negative PAT in all the preceding three financial years, the bid will be rejected.
For 12.2.1 above, in case the Financial Year closing date is within 9 months of bid due date and
12.2.2
Audited Annual Report of immediate preceding financial year is not available, bidder has the option
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
to submit the financial details of the previous year immediately prior to the last financial year.
Otherwise, it is compulsory to submit the financial details of the immediate preceding financial years.
Example, in case, Audited Annual Report of immediate preceding Financial Year (year ending 31st
March) is not available and where bid closing date is up to 31st December, the financial details of
the previous year immediately prior to the last financial year may be submitted However, in case the
bid closing date is after 31st December, it is compulsory to submit the financial details of the
immediate preceding financial year only.
Any of the following documents furbished by the bidder in support of above clause shall be
acceptable:
Note: In case the annual audited and published financial statements are available in the public
domain like third party repositories (for example, Registrar of companies or equivalent) excluding
websites, etc. under bidder’s control, the same shall be accepted.
12.3 COMMERCIAL EXPERIENCE CRITERIA
Modification / Revamp Job in existing fired heater / Reformer furnace / Cracker furnace shall be
considered for qualifying experience
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
The above values of completed contract(s) shall be exclusive of GST /Service Tax.
Similar nature of work shall mean “Fired Heater / Reformer furnace /Cracker Furnace” works
(Supply & Services) in hydrocarbon service in Petroleum Refinery / Petrochemicals unit /
Fertilizer industry in India / Abroad.
In case bidder has executed contract(s) meeting similar nature of work as defined above but such
contracts also include scope of operation/maintenance/operation and maintenance/post warranty
maintenance, the value of qualifying work corresponding to only similar nature of work out of the
total value of contract shall be considered for the purpose of qualification under Cl. 12.3. Value of
work pertaining to operation/maintenance/operation and maintenance/post warranty maintenance
shall NOT be considered for the purpose of qualification under above clause.
12.4 DOCUMENTATION
The bidder shall, in his own interest, furnish complete documentary evidence, as under, to justify that
the bidder meets the Qualification Criteria as given above.
Notwithstanding any other condition / provision in the tender documents, bidders are required to
submit complete documents pertaining to BQC along with their offer. Failure to meet the BQC will
render the bid to be summarily rejected. IOCL reserves the right to complete the evaluation based
on the details furnished by the bidder, with or without seeking any additional supporting documents
/clarifications.
For Technical and Commercial experience criteria:
a) The Bidder shall furnish documentary proof in form of the copy of work order(s)/ contract
agreement(s)/ relevant supporting documents like data sheet, drawings, SOR etc complying
the technical criteria mentioned above / relevant pages of contract document(s) mentioning
12.4.1 the value and the scope of work, completion certificate(s) by owner/ Consultant / Main
Contractor indicating executed value and certificate(s) of commissioning of previous plants
from owner/ Consultant / Main Contractor, fulfilling the qualification criteria for themselves and
as well as their proposed Engineering Sub-Contractor, as applicable.
b) In case, the executed value of job is more than work order value and bidder claims that they
are meeting the BQC requirement on the basis of executed value, then it is the responsibility
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
of the bidder to submit the documentary evidence of final executed value (such as copy of
Final Bill, executed value mentioned in Completion Certificate etc.) along with his bid.
c) In case Executed Value is not mentioned in the Completion Certificate, Work Order value with
amendments, if any, shall be considered towards BQC requirements.
d) Executed value mentioned in the completion certificate should be exclusive of Service Tax/
GST. In case the value of job submitted by the bidder does not have clarity with regard to
inclusion/ exclusion of Service Tax/GST, the amount appearing in the certificate shall be
considered exclusive of Service Tax/GST and shall be evaluated accordingly.
f) In case of bidder’s experience in composite works, in the event the qualifying requirement
cannot be ascertained from the work order/ completion certificate submitted by bidder, Copy
of Schedule of Rates (SOR), relevant pages of Contracts, copy of relevant pages of final bill
certified by OWNER for establishing requirement of BQC or written letter from their OWNER
specifying the nature of work with quantities and executed values can be submitted for
qualification.
g) Bidder shall submit with the Bid, the Memorandum of Understanding (MOU) between Bidder
and engineering sub-contractor (as applicable) in connection with executing the detail
engineering / Design of Heater Package, Technical & Construction Audit, Supervision of
Erection, Commissioning Assistance/ Commissioning etc. as applicable. The MOU shall be
binding on the bidder and not to be changed thereafter without prior approval of
Owner/Consultant and shall remain in force at least till the pendency of the Contract. including
Defect Liability Period.
h) A job executed by a bidder for its own plant/ projects can’t be considered as experience for
the purpose of meeting requirement of BQC of the Bidding Document. However, jobs
executed for Subsidiary/ Fellow subsidiary / Holding company will be considered as
experience for the purpose of meeting BQC subject to submission of tax paid invoice(s) duly
certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the
job executed. Such bidders shall submit these documents over and above the other required
documents under the various Clauses of BQC.
i) Order value(s) in multiple currencies shall be converted to equivalent INR at the exchange
rate of SBI bill selling rate as on the date of award of such proposed qualifying work(s).
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
j) In case where the Bidder cites the reasons of Non-Disclosure Agreement for its inability to
submit necessary documents in support of meeting the Experience Criteria, a Certificate in
original, certifying all the required information, issued by CEO/ CFO of the company along
with a declaration that the bidding company is not in a position to submit the required
documents owing to NDA with an endorsement by Chartered Accountant / Statutory Auditor
/ Certified Public Accountant (not being an employee or a Director or not having any interest
in the bidder(s) company / firm) shall be accepted.
Wherever Chartered Accountant / Statutory Auditor / Certified Public Accountant (not being
an employee or a Director or not having any interest in the bidder(s) company / firm) is not in
a position to endorse such CEO / CFO's certificate due to local regulations, CEO / CFO's
certificate without endorsement may be accepted provided a reference of the local regulation
restricting this endorsement is given in the CEO / CFO certificate.
a) For fulfilling the Financial Criteria, annual audited financial statements (Balance Sheet, Profit
and Loss Account, Auditor Report and all other Schedules / notes to Balance sheet and Profit &
12.4.2 Loss Account) of the bidder shall be considered as acceptable proof.
b) In connection with the submission of various documents against Financial Criteria, the Bidder
shall specifically refer to the Sl. No. 12.2 of BQC also.
Submission of authentic documents is the prime responsibility of the bidder. Wherever IOCL has
concern or apprehension regarding the authenticity/ correctness of any document, IOCL reserves
the right to get the documents verified from issuing authority/any relevant source. If documents (part
or full) are found forged, such offers will be summarily rejected, EMD will be forfeited, orders if any
13 placed against subject tender will be terminated and may be debarred from future tenders. For the
purpose of verification bidders shall submit complete client details with names, address, phone
number, e-mail ID etc.
15 OTHER REQUIREMENTS
15.1 Independent ESI (Employees State Insurance) Code or undertaking for Independent ESI code in
the Format given in Bidding Forms (Form-S).
NOTES:
a) Bidders who would like to quote directly shall have Indian ESI Registration in their own name and
submit Copy of the same Registration Certificate along with the Bid.
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
If ESI Registration is not available during Bidding as mentioned above, necessary Undertaking shall
b) be given by the Bidder as per the Tender provisions that once the Job is awarded, the successful
Bidder shall arrange for the ESI Registration as per the Statutory requirements.
All bidders shall be required to submit the Power of Attorney in the name of authorized
signatory who is submitting the bid with his Digital Signature Certificate & Signature. Also,
15.2
Power of Attorney of the Person who has signed the bid (if a different person) shall be
submitted.
Indian Bidders who would like to quote directly shall have Indian PF Registration in their own name
15.5 and shall submit Copy of the PF Registration Certificate along with the Bid.
Bids of such Bidders, who shall not submit the copy of valid PF Registration Certificate as
per above requirement, will be rejected.
Mr. R Govindarajan,
Project Procurement Manager
Technip Energies India Limited
16 Tender Inviting Authority 19, Velachery Main Road | Chennai – 600 032 | Tamilnadu, India
Telephone: +91 44 22303004
Email: Govindarajan.ramakrishnan@technipenergies.com
Anand.kandasamy@technipenergies.com
17 Integrity Pact Agreement Applicable
The offer of the Bidder shall remain valid for 06 (Six) months from
the last date of submission of Tender / Revised offer (if applicable
as permitted by the Owner). On account of exigencies if bidders are
18 Validity of Bids asked to extend their validity the same should be without any deviation
including change in the prices. However, the bidders would be allowed
to withdraw the tender. If a bidder still deviates or changes price, its
offer would likely to be rejected.
19 Reverse Auction Not Applicable
20 Consortium/JV Bidding Not Applicable
Performance Bank
21 Applicable
Guarantee (PBG )
22 Tender cost / Fee Nil
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
E. GENERAL
Bidder to note the following before bidding:
1. Offers from following types of bidders will not be accepted
a) Who are in the Holiday/ Suspension /Banning List / Negative list of Licensor or IOCL or its
Administrative Ministry, MoP&NG on due date of submission of bid / during the process of
evaluation of the bids.
b) Bidders who are under liquidation, court receivership or similar proceedings. In this connection,
Bidder shall submit an Affidavit stating that they are not under liquidation, court receivership or
similar proceedings.
c) Consultant or their subsidiary Company or companies under the management of Consultant for
execution of the same project for which they are working as Consultant, with the exception of
participation as TPIA for the same job.
d) Not Used
e) Bidder(s) who are undergoing insolvency resolution process or liquidation or bankruptcy
proceeding under Insolvency and Bankruptcy Code, 2016 (Code).
f) Bidder(s) whose insolvency resolution process or liquidation or bankruptcy proceeding is initiated
under the above Code at any stage of evaluation of the bid.
2. The subject tender is an e-tender & can be downloaded from IOCL website, https://iocletenders.nic.in
The tender document will not be issued in person or sent by post. Mere obtaining tender document
through IOCL website shall, however, not be construed that the bidder/agency is considered qualified.
3. Consultants are mandated to get enrolled on e-Tendering portal (https://iocletenders.nic.in) and enroll
their Digital Signature Certificate (DSC).
4. Bidders are advised to read the instructions for participating in the e-tendering from the website
https://iocletenders.nic.in The Help Documentation placed at Home Page provides necessary guidance
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
to bidders for using the e-Tendering site. A user ID will be issued to each prospective bidder by e-
Procurement administrator for participation in e-tendering. Special Instruction to Bidder for e tendering
procedure is enclosed as part of tender document.
5. Bidder shall download the Bidding Document in his own name and submit the bid directly. The Bidding
Document is non-transferable. Bids submitted by Bidder/s who have not downloaded the bidding
document either directly or through their authorized person will be rejected. Please note that the person
having Power of Attorney to do bidding process on behalf of the bidder shall only submit/upload the bid
document using their own DSC.
6. As far as possible Bidders are requested to clarify all the queries related to tender before the bid opening
and ensure compliance of all provisions of the bidding document.
7. The bidder is expected prior to the submission of its/his/their bid, as a prudent and experienced
Contractor to make its/his/their own assessment of all the requirements of the work and of the accuracy,
correctness and completeness of any estimate, data, or information furnished by the OWNER in the
Tender Documents and of the availability, suitability, propriety, adequacy and/or soundness of any
suggestion made by the OWNER in the Tender Documents as hereinabove referred to.
8. All documents furnished by the bidder in support of meeting the Bidder’s Qualification Criteria (BQC)
shall be self-certified.
All documents submitted by the bidder towards meeting BQC shall be furnished in a separate booklet
titled as "Documentation against Bidder Qualification Criteria" with proper indexing.
9. Submission of authentic documents is the prime responsibility of the bidder. Wherever IOCL has concern
or apprehension regarding the authenticity/ correctness of any document, IOCL reserves the right to get
the documents verified from issuing authority/any relevant source. If documents (part or full) are found
forged, such offers will be summarily rejected, EMD will be forfeited, orders if any placed against subject
tender will be terminated and may be debarred from future tenders. For the purpose of verification of
documents, bidders shall submit complete client details with names, address, phone number, e-mail ID
etc.
10. IOCL/PMC reserves the right to carry out capacity & capability assessment of the bidder using in-house
information and past performance.
11. Relevant supporting documents towards other requirements specified are also to be uploaded along
with bid failing which bid is liable for rejection.
12. IOCL reserves the right to reject any or all of the tenders or any parts of the tender so received and may
cancel the tender in part or full, extend the due date of Tender submission etc. without assigning any
reason.
13. In case any Bidder is found to be involved in cartel formation, his Bid will not be considered for evaluation
/ placement of order. Such Bidder will also be debarred from bidding in future.
14. Canvassing in any form by the Bidder or by any other agency on their behalf may lead to disqualification
of their Bid.
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
15. Legal dispute, if any, shall only be within the jurisdiction of Local Court unless mentioned otherwise.
16. All communication will be made through e-Tendering web site (www.iocletenders.nic.in). However, IOCL
reserve the right to take cognizance of the communication made outside e-Tendering Portal under
exceptional circumstances.
17. Bidder cannot make any claim against IOCL towards its expense incurred in connection with the
preparation and delivery of their bids, participating in the discussion and other expenses incurred during
bidding process.
18. Offers not meeting statutory requirement are liable for rejection.
19. Bidders are advised to visit Announcement section/ Information for DSC/ Bidders Manual Kit/ FAQ of e-
Tender Portal before bidding.
20. Any Addendum/Corrigendum/Sale date extension in respect of above Tender shall be issued on our
website: https://iocletenders.nic.in only and no separate notification shall be issued in the press. Bidders
are therefore requested to regularly visit our website to keep themselves updated. Failure of Bidder to
submit tender without taking cognizance of Corrigendum / Amendment (if any) issued by IOCL shall
make bid liable for rejection.
21. IOCL does not take any responsibility for the correctness of tender documents obtained from any other
source. Bidders are advised to visit above mentioned website before submitting their offer for official
version of the tender document including any corrigendum / amendment if any, which shall be binding
to the bidder.
22. 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.
23. Owner shall also follow the Public Procurement Policy on Procurement of Goods and services from
Micro and Small Enterprises (MSEs) Order 2012.
24. In case of a MSE bidder, documentary evidence as per the prevailing Government policy shall be
acceptable. In addition duly authenticated document in this regard shall be submitted. However, in case
authenticated document is not submitted in original, the same can be accepted provided a valid MSE
certification is available on Government portal (www.nsicspronline.com) or Government Udyog Aadhar
portal.
25. For detailed specifications, terms and conditions and other details, refer complete Bidding Document.
26. A Memorandum of understanding has been signed by IOCL with Transparency International on
18.01.2008 for adoption of Integrity Pact in major Tenders. Bidder shall submit the Integrity
Agreement & the covering letter in the prescribed Formats (enclosed in the Bid Document) duly
signed along with the Bid.
28. The terms “Pre-qualification Criteria (PQC)” and “Bidder Qualification Criteria (BQC)” shall have
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
29. The terms ‘Sl. No.’, ‘Sr. No.’, ‘Cl. No.’ and ‘Clause No.’ used in this NIT document shall have the
same meaning.
32. In case a Bidder submits any of the Bidder’s Qualification support documents in any language other
than English, then it will be the responsibility of such Bidder to also provide the English translation copy
of the same duly certified, stamped and signed by the Local Chamber of Commerce of the respective
country. Translation from agencies approved by relevant embassy/high commission or other accredited
agencies shall also be acceptable.
33. The bidder is also expected prior to finalization of its/his/their bid to visit and examine the job site and
its surroundings and to familiarize itself/himself/themselves of the ground realities, the availability,
existence and suitability of facilities and sources of supply required for the work(s) and the environmental
conditions which can be encountered, and collect all data and other information which the bidder may
require for preparation and formulation of its/his/their bid. The CONTRACTOR will not to be entitled to
make any claim against the OWNER or to raise any objection or defense to any claim based on the
ignorance of existing or expected conditions, or on the lack of adequate information, or of any plan,
estimate or expectation based on a different perception or expectation or information.
34. The tenderer shall be deemed before tendering to have undertaken a thorough study of the proposed
work, the job site(s) involved, the site conditions, soil conditions, the terrain, the climatic conditions, the
labour, power, material, and equipment availability, transport and communications facilities, the
availability and suitability of borrow areas, the availability of land for right of way and temporary office
and accommodations, quarters, and all other facts and facilities necessary or relevant for the formulation
of the bid, supply of materials and the performance of work
35. Unsolicited clarifications to the offer and / or change in the prices during the validity period would render
the bid liable for rejection.
36. Techno-commercial part of the Bids shall be opened 14:30 Hrs. (IST) on the due date. Time and date
of opening of Price Bids shall be notified through e portal to the qualified and acceptable bidders at a
later date. Bidders may view the Bid opening through IOCL e- Tendering portal:
https://iocletenders.nic.in
37. Bidders shall quote their most competitive rates. Negotiations will not be conducted with the bidders as
a matter of routine. However, Owner reserves the right to conduct negotiations.
38. Bidder should make sure that their Price- Bid (Part-II/BOQ) contains only prices. Rates mentioned
elsewhere shall not be taken into cognizance. Offer shall be liable for rejection if any condition directly
or implied, recorded in Priced Bid (Part-II/BOQ).
39. After opening of the technical bids but before the opening of the price bids, the bids may be rejected for
unsatisfactory performance or adverse comments which have come to the notice of Owner/Consultant
PETROCHEMICAL AND LUBE
INTEGRATION PROJECT “LuPech” (J-18)
IOCL GUJARAT REFINERY
40. Refer ITB of the tender document /Special Instruction to Bidder (SITB) of e-tender web site for more
details.
41. The offer of the Bidder shall remain valid for 06 (Six) months from the last date of submission of
Tender / Revised offer (if applicable as permitted by the Owner). On account of exigencies if bidders
are asked to extend their validity the same should be without any deviation including change in the
prices. However, the bidders would be allowed to withdraw the tender. If a bidder still deviates or
changes price, its offer would likely to be rejected.
43. Bidders from a country which shares a land border with India will be eligible to bid in this tender only if
the bidder is registered with the Competent Authority in line with requirements specified by Government
of India. Broad Guidelines in this regard is specified in Annexure- I. The bidder shall complete the
registration process before last date of bid submission and submit documentary evidence in this regard,
failing which their bids will be rejected.
44. Notwithstanding any other condition/ provision in the tender documents, bidders are required to submit
complete documents pertaining to PQC along with their offer. Failure to meet the PQC will render the
bid to be summarily rejected. IOC reserves the right to complete the evaluation based on the details
furnished by the bidder, with or without seeking any additional supporting documents /clarifications
45. Fax of Acceptance (FOA)/LOA (Letter of Acceptance) will be issued by the OWNER to the successful
BIDDER.
R Govindarajan
For and on behalf of
Technip Energies India Limited
Schedule 4
Typical Licensor Confidentiality Undertaking draft
THE UNDERSIGNED:
__________________, a company organized under the laws of ______________ having its registered
office at _______________________ ("Company"). PLEASE COMPLETE
ACKNOWLEDGES THAT:
A Axens, a company organized as a "Société Anonyme" under French laws having its registered
office at 89 boulevard Franklin Roosevelt, 92500 Rueil-Malmaison, France ("Licensor") is an
affiliate of IFP Energies nouvelles (“IFPEN”) and possesses certain license rights and valuable
know-how related to the ___________ process(es) (the “Process(es)”) originally developed by
IFPEN (the “Partner”); and
D Licensor’s and Partner’s information that will be disclosed to Company is proprietary, non-public
and confidential and its disclosure other than for the strict requirements of the Purpose would
cause material harm to Licensor and Partner.
1 Disclosure of information. Licensor will provide, at its sole discretion, directly or indirectly, to
Company the Confidential Information as defined in article 2 hereunder.
5 Non-Confidential Information. The term “Confidential Information” shall not include such
information provided hereunder that Company can prove:
a) was, at the time of disclosure, in the public domain or which subsequently enters the
public domain through no act or failure to act by Company; or
c) was or became available to Company on a non-confidential basis from a third party that
was authorized to disclose the Confidential Information to Company by a legal,
contractual or fiduciary obligation to Licensor.
6 Specific disclosures of information made by Licensor under this Agreement shall not be deemed
to be subject to any of the exceptions of article 5 above, merely because the specific information
is embraced by more general information in the public domain or developed by or in the
possession of Company or received from an authorised third party. Any combination of features
disclosed under this Agreement shall not be deemed to be subject to any of the exceptions of
article 5 above, merely because individual features of the disclosed information are in the public
domain, or developed by or in the possession of Company or received from an authorised third
party, unless the combination itself, its principle of operation and method of use are in the public
domain, were developed by or were in the possession of Company or were received from an
authorised third party. Even if any Confidential Information falls within the foregoing exceptions,
Company shall not disclose the correlation existing between such information acquired from
another source and as originating with Licensor.
a) the following Affiliates and JV/consortium partners of Company who who need to know
such Confidential Information for the Purpose:_________________ (LIST NAMES, IF
ANY, OTHERWISE DELETE THIS HIGHLIGHTED PORTIONS, or a vendor of
commodity equipment or materials, a supplier of construction labor, legal or financial
advisor, and lenders who will receive only a minor or non-critical portion, as determined
by Licensor in its sole and absolute discretion, of the Confidential Information, provided
that, prior to such disclosure, each of these Affiliates and JV/consortium partners or
entities has signed a non-disclosure agreement or a confidentiality undertaking with
Company containing restrictions on use and disclosure at least equivalent to those
b) any other third party, including but not limited to, Owner, any detailed engineering
contractor, technical advisor, shareholder in the Project, who, prior to such disclosure,
has signed a non-disclosure Agreement or an confidentiality undertaking with Licensor
containing terms and conditions consistent with this Undertaking.
c) “Affiliate” in reference to a Party, means any person that directly or indirectly through any
one or more intermediaries, is controlled by or is under common control with any other
person. For the purposes of this definition, “Control” means the ability to direct or cause
the direction of the business affairs and management policies or practices of a person
whether through the direct or indirect ownership of no less than fifty percent (50%) of the
equity interests of such person, or by contract or otherwise.
d) For the avoidance of doubt, none of these third parties shall in turn be awarded the right
to disclose Confidential Information to further recipients and Company has no right to
disclose the Confidential Information to the patent office in any country in any patent
application or otherwise.
8 Legally Compelled Disclosure. In the event that Company which is provided with the Confidential
Information pursuant to this Undertaking becomes legally compelled (by oral questions,
interrogatories, requests for information or documents, subpoena, civil investigative demand or
similar process) to disclose any of the Confidential Information to third parties, Company will
provide Licensor and Owner with prompt notice so that Licensor or Owner as the case may be,
may seek a protective order or other appropriate remedy and/or waive compliance with the
provisions of this Undertaking. In any such event, Company will use its best efforts to ensure
that the Confidential Information will be accorded confidential treatment.
10 Equitable Relief. Notwithstanding the provisions of article Error! Reference source not found.,
Company acknowledges that remedies at law may be inadequate to protect against breach of
this Undertaking and agrees in advance, without prejudice to any rights to judicial relief Licensor
may otherwise have, to the seeking of equitable relief, including an injunction and specific
performance.
a) Upon completion of the Purpose by Company or should Owner decide not to proceed
with the Company in relation to or for the Project, or should Owner decide not to build
the Unit, or at any time upon Licensor giving written notice, whichever occurs first, and
unless required to be returned by Licensor, Company will destroy all of the Confidential
Information in Company's possession (including, all originals, and all copies and
derivations therefrom, in any medium); provided, however, that Company may retain :
(i) electronic copies generated automatically as a matter of routine back-up in the
Company IT system which may be retained for the period it normally archives
b) Should Owner decide to proceed with the Company in relation to or for the Project, this
Agreement shall continue to apply to any Confidential Information which Company may
then receive for the Project.
12 Term. This Undertaking shall become effective as from its date of signature by Company
(“Effective Date”). Company's confidentiality and restricted use obligations under this
Undertaking shall terminate 25 (twenty-five) years after the Effective Date.
15 Governing Law. This Undertaking and any dispute arising out of or in connection with it, its
subject matter or its formation, shall be governed by and construed and enforced in accordance
with the laws of France, without reference to conflict of law principles.
16 Dispute resolution. Company shall endeavor to solve amicably with Licensor any dispute arising
out of or relating to this Undertaking, including any issue regarding its existence, validity or
termination. Any claim made by Company which cannot be solved through this amicable
process shall be exclusively and finally settled by the competent Courts of Paris, France.
17 Binding Undertakings and Third Party Rights. The rights and obligations of this Undertaking
shall inure to the benefit of, and will be binding upon Company’s and Licensor’s successors and
permitted assigns. Company further agrees that Owner having a direct interest in the Project
and in this Undertaking, it shall be entitled to the benefit of and to enforce the terms of this
Undertaking.
18 Assignment. This Undertaking is not assignable in whole or in part by Company without the
previous written consent of Licensor.
19 Ethics and Compliance. Company hereby acknowledges, understands and warrants that it shall
always act in accordance with any and all laws (especially the 2010 UK Bribery Act, the United
States Foreign Corrupt Practices Act of 1977, the Loi Sapin II or other similar legislation in any
applicable jurisdiction), treaties, conventions (in particular Organization for Economic
Cooperation and Development (OECD) convention on Combating Bribery of Foreign Public
Officials in International Business Transactions) and rules applicable to itself concerning but not
limited to fair competition, prevention of corruption, gifts and benefits, conflicts of interest,
prohibition of discrimination, respect of privacy and protection of personal data and environment.
The Company hereby represents and warrants that none of its affiliates, directors or officers is
currently included on the list of targeted persons pursuant to any applicable laws imposing
economic sanctions and trade restrictions and that it will not directly or indirectly make any
Confidential Information available to any targeted persons. Legal entities and/or persons listed
20 Undertaking signature.
a) Each natural person signing this Undertaking, be it by hand or by using a digital signature,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Undertaking as representative of the Company and take full legal liability should the
lack of representative capacity be invoked.
b) Company represents and warrants to Licensor that the execution and delivery of this
Undertaking and its performance have been duly authorized and that this Undertaking is a valid
and legal Undertaking binding on Company in accordance with its terms.
c) Digital Signature : Company expressly agree that this Undertaking may be signed by the legal
representatives of Company or its proxies thereof, by hand or by using the DocuSign digital
signature initiated by Licensor (or any other digital signature process that may be proposed by
Company which authenticates the signatory’s identity with a digital certificate). Each Party will
receive a digital signature certificate admissible in Court, with a complete digital traceability
system to confirm the validity of the signature of this Undertaking.
d) Irrespective of the method chosen by Company for the signature of this Undertaking, Company
expressly agrees that all copies of this Undertaking (in hard copy or digital format, on paper –
signed by hand or digitally) have the same force of evidence and that signature digital method
is as conclusive of the Company’s intention to be bound by this Undertaking as if signed by
Company's handwritten signature.
FOR AND ON BEHALF OF _( PLEASE COMPLETE WITH COMPANY’S LEGAL NAME )____
By
Date: _______________________________________
(i) that I/ we have availed the benefit the waiver of EMD while submitting our offer against
the subject tender and No EMD being deposited for the said Tender.
(ii) that in the event we withdraw/ modify our bid during the period of validity OR I/We fail
to execute formal contract agreement within the given timeline OR I/We fail to submit
a performance security within the given timeline OR I/we commit any other breach of
Tender conditions / Contract which attracts penal action of forfeiture of EMD and I/we
will be suspended from being eligible for bidding / award of all future contract(s) of
Indian Oil Corporation Limited for a period of one year from the date of committing
such breach.