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A1A - EIL Tender portal

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BPCL-KR<br />

Job: A307<br />

Bidding currency shall be Indian Rupees for supplies dispatched from India & and USD/EURO for<br />

supplies dispatched from foreign.<br />

38.0 FRAUDULENT PRACTICES:<br />

The OWNER requires that Bidders/ Contractors observe the highest standard of ethics during<br />

the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order<br />

to influence the award of a Contract to the detriment of the Owner, and includes collusive practice<br />

among bidders (prior to or after bid submission) designed to establish bid prices at artificial noncompetitive<br />

levels and to deprive the Owner of the benefits of free and open competition.<br />

a) The OWNER will reject a proposal for award if it determines that the bidder recommended for<br />

award has engaged in fraudulent practices in competing for the Contract in question.<br />

Bidder is required to furnish the complete and correct information/ documents required for<br />

evaluation of their bids. If the information/ documents forming basis of evaluation is found to be<br />

false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture<br />

of Earnest Money Deposit.<br />

b) In case, the information/ document furnished by the Bidder/ Contractor forming basis of<br />

evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall<br />

have full right to terminate the contract and get the remaining job executed at the risk & cost of<br />

such Bidder/ Contractor without any prejudice to other rights available to Owner under the<br />

contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc.<br />

c) In case, this issue of submission of false documents comes to the notice after execution of<br />

work, Owner shall have full right to forfeit any amount due to the Bidder/ Contractor along with<br />

forfeiture of CPBG/ Security Deposit furnished by the bidder/ contractor.<br />

d) Further, such bidder/ contractor shall be put on Blacklist/ Holiday/ Negative List of OWNER/<strong>EIL</strong><br />

debarring them from future business with Owner & <strong>EIL</strong> for a time period, as per the prevailing<br />

policy of OWNER & <strong>EIL</strong>.<br />

39.0 ONE BID PER BIDDER:<br />

a. A Bidder shall submit only one bid in the same bidding process. A Bidder who submits or<br />

participates in more than one bid will cause all the proposals in which the bidder has<br />

participated to be disqualified.<br />

b. Alternative price bids are not acceptable.<br />

40.0 LANGUAGE OF BID:<br />

a) The Bid prepared by the bidder, all correspondence/drawings and documents relating to the<br />

bid exchanged by the bidder with the Owner/Consultant shall be in English Language alone<br />

provided that any document furnished by the bidder may be written in another language so<br />

long as accompanied by an English translation, in which case, for the purpose of interpretation<br />

of the bid, the English translation shall govern.<br />

b) In the event of submission of any document/ certificate by the Bidder in a language other than<br />

English, the English translation of the same duly authenticated by Chamber of Commerce of<br />

Bidder‟s country shall be submitted by the Bidder. Metric measurement system shall be<br />

applied.<br />

41.0 EARNEST MONEY DEPOSIT:<br />

Bidder shall furnish, as part of its Bid, EMD for an amount as indicated in the NIT/ IFB. If the<br />

Bidder is unable to submit Bid Document Fee & EMD in original within the due date & time, then<br />

bidder shall submit the original Bid Document Fee & EMD within 7 days from the date of unpriced<br />

bid opening, provided copy of the same have been uploaded on E-<strong>Tender</strong>ing Website. In case<br />

the bidder fails to submit the same in original within 7 days, then their bid shall be rejected,<br />

irrespective of their status/ ranking in tender and notwithstanding the fact that a copy of Bid<br />

Document Fee & EMD was earlier uploaded by the bidder. OWNER shall not pay any interest on<br />

EMD furnished.<br />

The EMD shall be in favour of BPCL and shall be acceptable in the form of Crossed Demand Draft<br />

or Bank Guarantee in the prescribed pro-forma.<br />

The Bank Guarantees/DD for EMD shall be issued by any Scheduled Commercial Bank (other than<br />

co-operative Bank) in India or any Indian Branch of Foreign Bank and same shall be as per the<br />

format given in this bidding document. Swift Message or Cash or Cheque in lieu EMD shall not be<br />

acceptable.<br />

The bank guarantee for submission of EMD shall be valid as period mentioned in EMD / Bid<br />

A307_SIB Rev.5 dtd: 20.06.2013 Page 17 of 21<br />

Page 36 of 291

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