AGREED TERMS & CONDITIONS (ATC-INDIGENOUS)

THIS QUESTIONNAIRE DULY FILLED IN MUST BE PART OF VENDORS BID AND SHOULD BE
UPLOADED ALONGWITH UNPRICED (TECHNICAL BID). CLAUSES CONFIRMED HEREUNDER NEED
NOT BE REPEATED IN THE BID
VENDORS TO FILL THE WHITE CELLS
Sl
Description Vendors confirmation
No.
A VENDOR'S NAME
B COMMERCIAL PRE QUALIFICATION CRITERIA:
Please provide PO reference (PO no. , Date and value of PO) with PO
issuing authority name against Commercial Pre qualification of the
tender in below cells:
1 PO No. and Date
PO issuing authority
Value of PO
Completion certificate details
C TECHNICAL:
1
A. Offer should clearly include point-wise reply & acceptance of
technical/commercial points indicated at agreed terms & conditions / special terms
& conditions or elsewhere, enclosed with the tender documents. However, it shall
not be necessary to return the complete tender documents duly signed as a token
of acceptance of the same while submitting the bid. Instead, the bidder may
submit an undertaking along with the index page of tender documents duly signed
to the effect that he has fully read and understood the tender requirements and
accepts all terms & conditions of the tender (except for the ones mentioned in the
deviation statement) and his offer is in confirmation to all terms of tender.
Please note and confirm

B.Confirm that no technical deviation has been taken in your Offer.

C. In case of any technical deviation, confirm that the same has been
indicated in separate Annexure captioned Technical Deviations.

D. Confirm that any deviations/notes/ comments etc., given elsewhere in the

Offer other than the Annexure Technical Deviations shall be null & void.

D COMMERCIAL:
Confirm that the prices are given strictly as per price schedule/ Enquiry cum Offer/
1
BOQ
2 Indicate Currency of quoted prices
3 A. Indicate basis of quoted prices. (Ex-Works/ FOR Dispatch point/ FOR
Destination/ Free Delivery at Site)
B.Indicate Dispatch point.
4
A. Confirm that the Quoted Prices shall remain FIRM and FIXED till complete
execution of the order and shall not be subject to variation on any account.

B. If variable, please specify price variation formula with an upper ceiling and
base indices
5 Please confirm if the items are covered under DGS&D rate contract and if so,
please enclose a copy of the rate contract.
6 Indicate packing and forwarding charges, preferably as % of quoted price,
wherever applicable extra, otherwise pl. indicate Inclusive or Nil.
7 A. Indicate firm freight charges, from dispatch point to the IOCL Site in % of
quoted basic price, wherever applicable extra, otherwise pl. indicate Inclusive
or Nil.

B.In case freight is quoted on actual basis, please specify an upper ceiling.

8 Transit insurance charges shall not be included in the quoted rates. Transit
insurance shall be in IOCLs scope
9
A.Confirm whether Excise Duty (ED) is included in the quoted price or extra.

B.If extra, indicate the present rate of ED applicable on the supplies (including
spares) along with excise tariff No.
C.Confirm that ED indicated at 9A) above is 100% Cenvatable

D.Wherever CENVAT can be availed by IOCL, Excise duty shall be reimbursed by

IOCL after receipt of proper documents to avail CENVAT benefit.
Pl. note and confirm.
A VENDOR'S NAME
E. In case ED is included in the Quoted Prices, please confirm Cenvatable
amount to be passed on to IOCL, other-wise Cenvat benefit (wherever applicable)
shall be considered as NIL for evaluation.
F.Pl. indicate Excise registration No.
G.Pl. indicate ECC No.
H. Statutory variations in ED shall be to IOCLs account within delivery period.
However, variations on any other account including turnover shall be borne by the
vendor. Please confirm.
10 A. Indicate rate of service tax wherever service tax is applicable and items on
Not applicable
which the same is applicable.
11
Please indicate whether Sales Tax (VAT/CST) is included or extra in quoted price.

12 Indicate the rate applicable for the following:

i) CST with "C" Form
ii) CST without "C" form
iii) VAT (for supplies made within Bihar)
13 Pl. indicate VAT Registration No. (TIN No.)
14 In any case, upward statutory variation on account of delay in delivery shall be to
vendors account. Benefit, however, for downward revision shall be passed on to
owner. Please confirm
15
Please indicate shortest delivery period since delivery period is the essence of
contract. Delivery shall always be counted from the date of FOA / LOA / PO. The
LR/RR date shall be considered to be the date of delivery.

16
Please confirm acceptance of Delayed Delivery clause on account of delay in
delivery of materials. This clause shall be as specified in IOCL G.P.C.

17 Please confirm acceptance of Payment terms : a) 100% after receipt,

acceptance of Material at site OR b) 90% AGAINST DISPATCH
DOCUEMNTS AND 10% AFTER RECEIPT & ACCEPTANCE OF MATERIAL AT
SITE.
Payment terms should be clearly indicated here and loading for any deviation shall
be done as specified in our tender.
18
Please confirm to submit Performance Bank Guarantee (PBG) for 10% of order
value as per IOCLs format from scheduled Indian banks or any foreign banks
Not applicable
having branches in India. The P.B.G. shall be valid for the entire delivery period +
entire Guarantee / warranty period+ 3 months Claim period.

19 A. Confirm quoted prices shall be inclusive of IBR charges, wherever

applicable. If not, please indicate the same separately in percentage terms only. Not applicable
Charges indicated on lot basis shall not be accepted.

B.Confirm that 3rd party inspection by IOCLs approved TPI agencies as per list
attached is acceptable to you as per the scope of the Tender, and the 3rd party
Inspection & Testing charges ( inclusive of 3rd party Inspection fees, testing,
certification, and other allied charges ) have been quoted by you.

C. Please indicate 3rd party Inspection charges clearly in %. In case 3rd

party inspection charges are quoted on actual basis, please specify an upper
ceiling.
20 Confirm acceptance of part order (for part items / part quantity). All lump sum
charges shall be considered pro-rata on value basis.
21 Please confirm compliance/acceptance of Special Instructions to bidders(wherever
applicable)
22 Please confirm unconditional acceptance of repeat orders within 6 months of P.O.
date
23 All other terms shall be as per the IOCL General Purchase Conditions (G.P.C.).
Clause wise deviations, if any, should be spelt out separately.
24 Please confirm the submission of Earnest Money Deposit (EMD), if asked for in
the tender documents by D.D. / B.G. Please provide EMD details. Validity of Bank
Guarantee in case of EMD shall be equal to validity period of your offer plus 3
months (as claim period).
25 Please confirm having noted the Loading and Evaluation criteria annexed
herewith.
26 Gurantee/Warranty as per IOCL technical specification(Should be minimum 18
months from date of commissioning /2 Years from date of dispatch whichever is
earlier)
27 The counter sales terms and conditions of your offer are not acceptable. Please
note and confirm. In case of any conflict in the terms mentioned in this Agreed
Terms and Conditions (ATC) and elsewhere in your offer, the terms of ATC shall
supersede the others.
 A VENDOR'S NAME
28
LAB TEST (For bulk tankers only) :-
On receipt of the material at our refinery premises, the same shall be arranged for
lab testing in our lab before unloading. Sample will be collected from each
compartment of the tank truck from both top and bottom for lab testing in
presence of the driver of the tank truck. Our Lab report will be final and binding to
Not applicable
the vendor. In case the lab report results are not found as per our required
specifications, the material will not be accepted / unloaded and the tank truck
shall be returned forthwith to the vendor. Carrying rejected material back to the
vendor's premises will be the sole responsibility of the vendor.
Please Confirm

29 SEALING OF THE TANKER (For bulk tankers only) :-

Tanker carrying the material shall be sealed properly to avoid contamination &
pilferage in transit. Material is to be sent preferably in single chamber tankers. Not applicable
However, Tankers having multiple chambers should have common downstream
valve. Please Confirm
30 Confirm your offer shall be valid for 4 months from the date of opening of the
tender.
31
IOCL Reserves the right to allow price preference to Micro & Small enterprises
(MSEs) (Manufacturer's only) as per Public Procurement Policy for Micro & Small
Enterprises (MSEs) Order, 2012 issued vide Gazette Notification dated 23.03.2012
by Ministry of Micro, Small and Medium Enterprises of Govt. of India. Please Note

32
a)Purchase preference for Procurement from Micro & Small Enterprises (MSE) as
per prevailing Govt. directives/corporation policy would be granted to MSEs who
meet PQ criteria & whose bids are technically acceptable.

b)MSEs quoting a price within a price band of L1 + 15 percent shall be allowed

to supply up to 20 percent of total tendered quantity provided they match L1
price. In case of above situation where a MSE is selected for supply up to 20% of
the total tendered value, the supply from L-1 who is other than MSE shall be
reduced accordingly.
c)Out of the 20(twenty) percent target of annual procurement from micro and
small enterprises 2 (four) percent shall be earmarked for procurement from micro
and small enterprises owned by Scheduled Caste & Scheduled Tribe
entrepreneurs.
d)MSE vendors are exempted from EMD Please Note
33 A.Pl confirm if your firm is a Micro & Small enterprises as per the Micro, Small &
Medium Enterprises Development Act, 2006 (MSMED Act 2006) and registered
with the Authorities under the above Act for the items under procurement in this
tender.
B.If Yes, Pl submit the Entrepreneurs Memorandum Number (Twelve digit) Part
II(EM-II) in complete .
C. Pl confirm to submit copy of the certificate issued by the Competent
Authority (DIC/KVIB/KVIC)) under the Micro, Small & Medium enterprises
Development Act 2006. Please note that only notarized copy of the certificates will
be Acceptable.
D.Pl Confirm to submit an attested copy of the SC/ST certificate (applicable to
MSEs owned by SC/ST entrepreneurs) duly certified by the District Authority
(SDO/DM) .Original certificate as and when sought by the owner shall be
submitted by the bidder for verification.

Tender No.
Vendors Code (If registered with IOCL)
Offer Ref. and validity
Contact Person:
Designation
Tel. No.
Fax No.
Email ID