Indian Oil Corporation Limited

(IBP Division), Business Group-Cryogenics,

A-4, MIDC Area, Ambad, Nashik – 422 010
Phone:0253-2384569/2381333
Fax; 0253-2382362

NOTICE INVITING TENDER

Indian Oil Corporation Limited, Business Group (Cryogenics), A-4, MIDC, Ambad, Nasik -
422010 invites APPLICATIONS FOR APPOINTMENT OF Agents in TWO BID SYSTEM as per
details given below.

TENDER NO., NAME OF WORK, LOCATION & CLOSING DATE

1 Tender No
2 Name of work
3 Pre- Qualification Criteria
4 Earnest Money Deposit (EMD)
5 Tender Fee
6 Pre- Bid Meeting
7 Last Date & Time for submission of EMD
Instrument/BG or Copy of MSEs (Micro and
Small Enterprises) Certificate at IOCL Nashik
8 Offer must be uploaded on e-tender website
Mode of Submission
9 Document sale/ Download period
CRYO/PT/MKTG/AGENTS/R/T1/2015-16
Tenders are invited for “Appointment of Agents " in
the territory of Jammu & Kashmir to facilitate sale of
Cryocans and Cryovessels amongst Animal
Husbandry Departments and Livestock Boards,
Dairies, Milk unions, universities/R&D Labs etc
Bidders are requested to upload following
documents as per PQC of the tender
(a) Experience: Format given in Annexure - A duly
certified by Chartered Accountant.
(b) Financial Capability: Certificate from Chartered
Accountant for their turnover for the financial
Years 2011-12, 12-13 & 13-14 .
Rs. 40,000/-
Not Applicable
05.05.2015 at 14.00 AM IOCL , (IBP Division), BG(
Cryogenics), A/4 MIDC, Ambad, Nashik-10
18.05.2015 at 15.00 Hrs.
www.iocletenders.gov.in and EMD instrument / BG or
Copy of MSEs certificate shall reach to office of
tender issuing authority before above deadline in
sealed envelope super subscribing tenderers name,
tender ID, date of tender opening (BG from scheduled
banks are acceptable in case tender if EMD amount is
more than One lac.)
 (a) Starts on 21.04.2015 at 15.00 Hrs.
(b) Closes on 18.05.2015 at 15.00 Hrs.
10 Last of Date and Time for submission / On
18.05.2015 at 15.00 Hrs.
Line submission.
11 19.05.2015 at 15.00 Hrs. Or later date convenient
Date & Time of Opening of Bid
thereafter.
12 Work Completion Period 3 Years ( 1095 Days)
13 This tender Cannot be split For further details refer
Preference to MSEs
tender clause No. 3
14 Estimated Value of Tender Rs.4000000/- (Approx)
15 Tender Issuing and Receiving Authority Sr.Manager (Marketing)
Indian Oil Corporation Limited
BG(Cryogenics)
A/4 MIDC , Ambad , Nashik
Maharashtra- 422010
Ph. No.0253-2382532
Email - ansawant@indianoil.in

Tender are advised to visit https://iocletenders.gov.in for downloading and participating in e-tender. Any
corrigendum enquiry shall be published through above portal only for e-tender enquiry; Bidders are
requested to update themselves suitably.
 Indian Oil Corporation Limited
(IBP Division), Business Group (Cryogenics)
A-4, MIDC Area, Ambad, Nashik – 422 010
Phone:0253-2384569/2381333 Fax: 0253-2382362
__________________________________________________________________
Tender No.: CRYO/PT/MKTG/AGENTS/R/2015-16 Date : XXXXX

Tender for appointment as Agents

Indian Oil Corporation Limited (IBP Division), Business Group (Cryogenics) - a leading
manufacturer of Cryogenic Storage and Transport Containers/ Vessels marketed in the
country under the brand name CRYOCAN & CRYOVESSEL invites Tender from
interested parties for appointment as Agents in various territories as given below for a
period of 3 years. Please find here with tender documents, various annexure, application
format, Pre-qualification related and other format of declaration to be submitted by bidder.
Bidders are suggested to go through tender documents carefully and submit bid through
e-tender portal only. It is also informed that bidder shall ensure that Earnest Money Deposit
(EMD) instrument as specified reach us on or before tender submission due date.

******
 INTRODUCTION & OTHER IMPORTANT INFORMATION
BUSINESS GROUP
Indian Oil Corporation Limited, IBP Division, Business Group (Cryogenics) hereinafter referred to
as “BG(C)” is engaged in the manufacturing and marketing of cryogenic storage and transport
containers under the brand name “CRYOCAN” and “CRYOVESSEL”. The production unit and
administrative office of the Business Group is located at Nashik (180 km from Mumbai).

PRODUCTS
(a) CRYOCAN
BG(C) started manufacturing of Liquid Nitrogen Containers made out of Aluminium Alloy under the
brand name “CRYOCAN” in the year 1980 with French collaboration. These containers are
used for storing of Liquid Nitrogen under atmospheric pressure. The liquefied nitrogen has a
temperature of (–)196 degree centigrade and therefore needs special containers for efficient
storage. These containers are primarily double-walled vessels with multi-layer super insulation. The
annular space between the vessels is evacuated to a high degree of vacuum in order to
minimize loss of Cryogenic liquid. Capacities of these containers are ranging from 1 litre to 60 litres.
(b) CRYOVESSEL
BG(C) has been manufacturing liquid nitrogen/oxygen/argon tankers and vessels etc. under the
brand name “Cryovessel” for more than two decades. These containers mostly custom-built to the
required capacities are made of stainless steel/carbon steel material and used for bulk storage of
Liquid Nitrogen, Liquid Oxygen and Liquid Argon

MARKET
(a) CRYOCANS
Cryocans are primarily used in the country by Animal Husbandry and Veterinary Services
Department of all the States for storage and preservation of bull semen under Liquid Nitrogen
level. The frozen bull semen is used for carrying out artificial insemination activity for the genetic
improvement of cows and buffaloes to enhance yield of milk. Animal Husbandry Dept. and
Livestock Board/ Agencies of State Governments buy large quantities of Cryocans for operating
their artificial insemination activities. Further these Cryocans are procured by Milk Unions,
Agricultural Universities, Colleges, Institutes, Medical and Bio-Medical Research Centres, Hospitals
and Research Organizations who have application for Cryogenic liquid.
(b) CRYOVESSELS
Cryovessels are utilised for bulk storage & bulk distribution of Cryogenic Liquid. BG(C) supply large
number of Cryovessels to various State Animal Husbandry Departments, Live Stock Boards, Central
Frozen Semen stations, Universities and Training Institutes etc.

In India the total annual market for Cryocans and Cryovessels for Artificial Insemination (AI)
Sector is estimated to be around Rs. 40 Crores.
 SCOPE OF WORK OF AGENT

The Agent shall be attending to the following:

1. Procure tenders for Cryocan and Cryovessel as and when published at his own cost along
with other related papers connected with submission of offers and forward to Indian Oil
Corporation Limited, IBP Division, BG (Cryogenics) (herein after referred as “BG(C)” )
promptly, enabling BG(C) to submit offers in time. In case of e-tender, information of
the same to be communicated to BG(C) promptly. BG(C) shall be arranging downloading of
e-Tender and cost of the same to be reimbursed by the Agent subsequently. Agent will also
ensure that no tender is missed from his territory. In order to actively assist in preparation
of offers, they will visit BG(C)’s Nashik office at their own cost as and when required,
and communicate to BG(C) by letters, faxes & telephone such matter as they may wish to
inform which will have bearing on preparation of BG(C)’s offers.
2. Timely submit tender documents, submit samples, collect samples as required by tender
conditions, attend tender openings on behalf of the BG(C) and communicate full details of
offers received from competitors and any other relevant information. Offers submitted by
BG(C) would be followed up for realization of order.
3. Arrange timely collection of relevant documents from customers such as Octroi /LBT
Exemption Certificate, Road Permit, Sales Tax Form, Form of Certificate, Excise
Exemption Form, CSIR Certificate, TDS certificate etc. as may be applicable from Buyer and
forward the same to BG(C). They will receive the Despatch documents from BG(C) and
deliver the same to customer if required. They would liaise with Transporters as required
and arrange re-dispatch where ever necessary in line with IOCL instructions.
4. Arrange timely inspection of containers by customer, arrange adequate space at site as
required and help in arranging the necessary certificates to enable release of payment. To
assist / facilitate IOCL BG(C) in locating agencies at local level to complete installation and
commissioning of Cryovessels – including civil work, fencing, Liquid nitrogen for testing,
completing statutory approvals and formalities (e.g. approvals of Chief Controller of
Explosive), RTO approvals and other applicable formalities etc.
5. Follow up and obtain timely collection of due payment from our customers for the supplies
made. They will also ensure that sales tax forms wherever applicable, are collected in time.
They would also ensure refund of EMD, Security deposits and collection of TDS certificates
and Sample Containers supplied on a returnable basis. Collection of Bank Guarantees if the
purpose for which it was given is over. Commission can be claimed only after receipt of full
Invoice amount along with applicable forms / certificates and other related documents.
6. Keep in close touch with the customers and provide periodic and structured feedback
on performance of BG (C) products and render such services to customers as are
normally expected of a selling agent. Any new requirements or changes as may be
suggested by customers in existing products for improvement will be informed to IOCL
BG (C).
7. Keep in close and regular touch with all present and potential customers of our products in
their territory and keep us advised of their likely requirement, market projections, any
 significant events planned that are related to IOCL BG(C) products etc. by sending a
periodic report.
8. Constantly monitor and report to BG(C) about competitors’ activities which include
performance of the competitors and any other information which can help the BG(C) in
performing well in the market.
9. Make all earnest efforts to actively promote BG(C)`s business prospects in their territory.
10. Arrange to collect sample containers from customer which were sent to fulfil the
tender conditions and rebook the delivery of those samples to BG(C)’s, Nasik Plant
immediately after the time period for which the containers were submitted as sample
against the tender has been fulfilled. In case it is not due for return, then they should
obtain confirmation from the customer at the end of each quarter and submit to BG(C).
11. To arrange collection of correspondence on any pending matter with the customer
and take such measures which will bring about improved communications between the
customers and BG(C) and such other services normally expected of a Selling Agent.
12. Promptly attend to complaints from customers and initiate immediate corrective action,
informing BG(C) simultaneously.
13. Provide periodic sales forecasts and such other information as is required for the purpose of
production planning by sending to BG(C) periodical structured report.
14. Protect and nurture the BG(C)’s interests to the best of its ability.
15. To assist BG(C) on regular basis on sales promotion activities including participating in
conferences, exhibitions, seminars etc.
16. Carry out any other related responsibilities, as may be given by BG(C), from time to
time in the interest of organization.
17. On appointment as Agent / Business facilitator, They and their associates cannot act as an
Agent of any of the Corporation’s competitors for similar products
18. To quote on behalf of BG (C) as per instructions in case of specific tenders
 TENDER CONDITIONS

1. Before submission of offer, bidder should go carefully through Scope of Work / drawings /
Specification Sheets etc. whatever is enclosed with this enquiry. Once offer is submitted we will
presume that bidder has quoted exactly as per enquiry. In case of any deviations to the Tender
Terms & Conditions, the same should be clearly mentioned by the bidders in their offer. Further,
tenderer are hereby advised that they shall not provide our drawings, designs, specifications, etc. to
any other party. Any bidder found indulging in such activities; appropriate penal action will be
initiated by IOCL.
2. The e-tender to be submitted on-line in TWO-BID system that is TECHNICAL- BID and PRCIE-BID

2.2 TEHCNICAL BID

The technical bid shall consist of the following:
a) Statement as per Annexure- A for fulfilment of Pre-Qualification Criteria (PQC) duly certified by
Chartered Accountant.
b) Declaration as per Annexure - I with Sign of competent authority of tenderer with seal/stamp
c) Declaration Of Details Of Relationship- Annexure-II
d) Declaration about (i) Nature of Firm (ii) Sales Tax Registration (iii) Shop & Establishment
Registration (iv) Year of Incorporation as per Annexure - B with Sign of Tenderer’s competent
authority with seal/stamp and duly certified by Chartered Accountant )
e) Declaration about (i) Educational Qualification of Proprietors/ Directors/Partners (ii) Details of
Staff directly engaged in Marketing activity (iii) Details of Head Office (iv) Details of Branch
Office as per Annexure - C (with Sign of Tenderer’s competent authority with seal/stamp)
f) Details of EMD
g) Declaration on Letterhead of firm for acceptance of IOCL General Conditions of Contract (GCC)
h) Tender Technical bid (saved and uploaded as it is)
i) Relevant Document for exemption of EMD/ SD if applicable

2.3. PRE-QUALIFICATION CRITERIA

In order to qualify for the tender, the bidder shall meet the following pre-qualification criteria

2.3.1 Work Experience: Organization (which could be Proprietorship / Partnership / Private Limited
Company / Public Limited Company) having facilitated business worth equal to or more than
Rs.135 Lacs at least in one Financial year during last five years i.e. during the period starting
from 01.04.2010 and ending on 31.3.2015 towards supply of ”similar products” as defined
below in any Industry by themselves / on behalf of their principal manufacturer.

“Similar Products” means:

a) Cryogenic Storage Containers/ Vessels, Cryocan, Cryogenic Dewar
b) Cryogenic Transport Containers/ Vessels

The Bidder should submit details of Purchase Orders (PO) / Rate Contracts (RC) which have been
facilitated by them with corresponding Invoices of their Principal / own as per the Format given in
Annexure - A duly certified by Chartered Accountant as documentary evidences to substantiate
fulfilment of PQC.
In the event of bidder being Agent / Dealer, it is mandatory to mention the details of Dealership
Certificate / Agency Agreement with their Principal to substantiate the above.

The statement should clearly mention product details which should be in line with definition of
“similar products”.

2.3.2 Turnover:
The average Annual Financial turnover of the bidder during the last 3 financial years ending
31st March, 2014 (i.e. Financial Year 2011-12, 2012-13 and 2013-14) shall not be less than Rs. 8
Lakhs.

In support of the above, the bidders should submit their turnover for the financial Years 2011-12,
2012-13 and 2013-14 as per Format given in Annexure - A duly certified by Chartered Accountant
as documentary evidences to substantiate fulfilment of the PQC.

*Statement of Work experience and Turnover as per enclosed as Annexure- A & B has to be
certified by Charted Accountant before uploading scan copy along with other e-tender
documents.

2.4 Earnest Money Deposit (EMD):

EMD amount of Rs.40000/- (Rupees Forty Thousand only) shall be deposited / submitted* along
with the technical bid.
(*Refer Special instruction to bidder (SITB) for uploading of EMD details)

The above amount towards Earnest Money should be submitted in the form of an A/c payee
demand draft drawn in favour of ‘Indian Oil Corporation Limited’, BG(Cryogenics), payable at
Nashik. No interest will be payable by IOCL on Earnest Money Deposit.

The above Earnest Money Deposit shall be refunded to those Tenderers:

(i) Whose offers have not been technically qualified in technical bid.
(ii) Whose offers have not been accepted in price bid after tender finalisation.

EMD shall be refunded by RTGS payment or by Demand Draft to outstation tenderers subject to
recovery of DD charges.

2.5 EXEMPTION FROM PAYMENT OF EARNEST MONEY DEPOSIT

2.5.1 Public Sector Undertakings – State or Central / JVC of Indian Oil Corporation Limited are
exempted from payment of Earnest Money Deposit.
2.5.2 As per MSME Act, 2006 (or Erstwhile Units registered with National Small Industries
Corporation Ltd) (NSIC) are exempted from payment of Earnest Money Deposit provided:
i) The unit is registered for item(s) tendered with NSIC.
ii) Photostat copy of valid National Small Industries Corporation Ltd Registration
Certificate is enclosed with tender. IOCL may verify the original Registration
Certificate at any point of time.
iii) Registration Certificate is valid as on date of opening of tender. However, if the
Tenderer ceases to be registered with NSIC at any point of time within the period of 90
days from the date of opening of the tender, they shall forthwith inform IOCL and
shall submit necessary EMD within a period of ten days from the date of cessation.
 iv) Registration of firm with DGS&D will not exempt the Bidder from payment of
Earnest Money Deposit.

The Tenderer will have to furnish information regarding mode of payment and detail of the
instrument of Earnest Money Deposit while submitting the Tender documents at the prescribed
space given in the Techno-commercial Bid Form.

2.6 EARNEST MONEY DEPOSIT WILL BE FORFEITED IN THE EVENT OF:

 Unilateral withdrawal by the tenderer during the validity period of the offer.
 Non-acceptance of IOCL offer for appointment as Agent / Business facilitator
 Non-Payment of Security Deposit within stipulated period
 In the event of any discrepancy in the documents submitted by the tenderer.

This is without prejudice to Company’s rights to recover damage on account of breach of contract.

IN CASE NOT EXPMPTED AND IF THE INSTRUMENT FOR EMD IS NOT ENCLOSED WITH TECHNO-
COMMERCIAL BID, THE TENDER SHALL BE TREATED AS UNRESPONSIVE AND REJECTED.

 Request for adjustment of pending bills or credit towards Earnest Money will not be
entertained. No interest shall be paid for the EMD in any form. Tender will be considered, if
and only if, the required Demand Draft towards EMD is submitted along with the tender.
 EMD of equivalence amount in the form of Bank Guarantee (BG) is acceptable, BG shall be
valid for 3 (three) months from the date of tender opening. The Bank Guarantee should be
as per the prescribed format of Bank Guarantee enclosed herewith.
 EMD in the form of Bank Guarantee is accepted, However in the case of Non finalization
of tender within time , bidders have to extend the validity of the Bank Guarantee at his
cost for further period of 3 (three) months.
 EMD in the form of BG may be encashed by IOCL for the performance and liability of
Bidders under the resultant contract until the Bidder acknowledges the acceptance of the
Purchase order.
 Security deposit amount / performance Guarantee shall be submitted by successful bidder
within stipulated time period. Failing to the same or non acceptance of Purchase, IOCL shall
encash EMD amount or Bank Guarantee furnished by the Bidder.
 Request for adjustment of pending bill / credit / EMD submitted earlier for other tender
towards Earnest Money will not be entertained.
 EMD paid by unsuccessful bidder(s) shall be refunded / returned within 15 days of the
finalization of the tender by IOCL.
 No interest shall be paid for EMD in any form.
 Please note that offer received without EMD (if not exempted) shall be treated as
unresponsive and shall be rejected.
 Instrument shall be enclosed with envelope marked as “TECHNICAL BID” only.

2.7 TENDER FEES: NOT APPLICABLE

3. Instructions to Tenderers:-Tender shall be submitted on-line as per tender submission

procedure detailed in Special Instructions To Bidders (SITB)

 All uploading documents on e-tender portal shall be scanned in low resolution and .pdf files
to be packed in one .rar file for uploading on other document folder while submission of bid
  All downloaded documents shall only updated, saved and again upload on e-portal; kindly
do not make any change in file saved name, alteration etc.
 Technical bid shall be uploaded as it is
 Price bid to updated with offered discount shall be saved and uploaded as it is.
 All other documents to be uploaded in require section i.e.
(i) Upload Annexure-A duly signed by CA
(ii) Other Documents – upload .rar file of all scan documents of .pdf format

4. Tender Conditions for Benefits / preference for Micro & Small Enterprises (MSEs)

I. 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, MSEs must be registered with any of the following in order to avail the
benefits/preference available vide Public Procurement Policy MSEs Order,2012

a. District Industries Centers (DIC)

b. Khadi and Village Industries Commission (KVIC)
c. Khadi and Village industries Board
d. Coir Board
e. National Small Industries Corporation (NSIC)
f. Directorate of Handicraft and Handloom
g. Any other body specified by Ministry of MSME

II. MSEs participating in the tender must submit the certificate of registration with any one of the
above agencies indicating the details of the particular tendered item along with their bid.

III. The registration certificate issued from any one of the above agencies must be valid as on closing
date of the tender. The successful bidder should ensure that the same is valid till the end of the
contract period.

IV. The MSEs who have applied for registration or renewal of registration with any of the above
agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are
not eligible for exemption/preference.

V. The MSEs registered with above mentioned agencies/bodies are exempted from payment of
Earnest Money Deposit (EMD).

VI. Price Preference - Subject to meeting terms and conditions stated in the tender document
including but not limiting to prequalification criteria, twenty percent of the total quantity of the
tender is earmarked for MSEs registered with above mentioned agencies/bodies for the
tendered item. Where the tendered quantity can be split, 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 the tendered quantity cannot be Split, MSE shall be
allowed to supply total tendered quantity provided their quoted price is within a price band of
L1+15 percent and they match the L1 price. In case of more than one such MSEs are in the price
band of L1+15% and matches the L1 price, the supply may be shared proportionately.

For Further clarity in this regard a table is furnished below:

Type of Tender Price Quoted by MSE How to Finalize the Tender

Can be split L1 Full Order on MSE

Can be split Not L1 but within L1+15% 20% order on MSE subject to
Matching L1 price
Cannot be split L1 Full Order on MSE

Cannot be split Not L1 but within L1+15% Full Order on MSE subject to
matching L1 price

VII. Out of the twenty percent target of annual procurement from micro and small enterprises four
percent shall be earmarked for procurement from micro and small enterprises owned by
Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to
participate in the tender process or meet the tender requirements and L1 price four percent
sub-target so earmarked shall be met from other MSEs.

VIII. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority
must be submitted by the bidder in addition to certificate of registration with any one of the
agencies mentioned in paragraph (I) above. The bidder shall be responsible to furnish necessary
documentary evidence for enabling IOCL to ascertain that the MSE is owned by SC/ST. MSE
owned by SC/ST is defined as:

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 at least 51% shares in the
enterprise.

c. In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

IX. The MSE bidders to note and ensure that the nature of services mentioned in the MSE certificate
matches with the nature of services of tendered work. In case the nature of services mentioned in
the MSE certificate do not match with nature of services the tendered work, the offer will be treated
as “without EMD” and may be rejected.

X. Allotment of order to MSEs bidder shall be subject to spare supply capacity available against this
tender.

5. PRE-BID MEETING:
As specified in the NIT (Notice Inviting tender) a pre- bid meeting on technical issues, clarifications
and scope of supply shall be held at IOCL, Nashik . Prospective bidders are expected to attend the
same. Bidders are requested to submit their quarries by e-mail to IOCL contact person in advance.
Bidders shall be informed about the changes (if any) after concluding of pre-bid meeting through e-
tender corrigendum only. Bidders are requested to keep themselves updated suitably.

6. VALIDITY OF OFFER / CONTRACT:

The rates offered by bidder against this tender shall be valid for a minimum period of 120 days from
the date of opening of the tender and once the offer is accepted and agreement is signed with
successful tenderer , the contract shall be valid for 3 years from the date of Agreement.

7. PRICE ESCALATION: Escalation in offered rates shall not be allowed after placement of contract.
The offered rates shall remain firm till completion validity period of contract.

8. SECURITY DEPOSIT & AGENCY AGREEMENT:

Upon final selection, the bidder must submit Security Deposit for amount as shown in Annexure - IV
and sign Agency Agreement (copy enclosed as Annexure - III) within one week of intimation sent by
IOCL. Cost of same to be borne by bidder. After entering into the Agreement, EMD of successful
parties shall be returned. In case if the party does not respond / sign the agreement, EMD shall be
forfeited.

In case require EMD of successful parties is converted into SD amount, shortfall amount if any shall
be submitted by bidder within two weeks.

a. The successful tenderer shall submit this security deposit to:

 Ensure satisfactory performance of the contract
 Secure the Corporation against defect and liabilities for a period of three months from the
date of satisfactory completion of contract.
b. The Security deposit can be made in any of the following manner:
 Pay Order or Demand Draft of Scheduled / Nationalized banks in favour of Indian Oil
Corporation Limited, Nashik
 Bank Guarantee of equivalent amount executed by Nationalized / Scheduled Banks valid for
the period of completion plus 3 months. This Bank Guarantees (BG) should be sent directly
by the bankers under their covering letter to the office of the Corporation by Registered Post
/ Speed Post / Courier.

c. Exemption from payment of security deposit:

 Units registered with National Small Industries Corporation Ltd. (NSIC) are exempted from
payment of security deposit subject to the following conditions:
 The unit is registered for the item Tendered.
 The monetary limit indicated in the NSIC registration certificate covers the value of items
ordered.
 Registration certificate is valid as on date of order.
 Copy of valid NSIC registration certificate is submitted in support and original produced when
demanded.
 Registration of firm with DGS&D alone will not entitle a tenderer to claim exemption from
Security Deposit.
d. Corporation shall be entitled without being bound to do so, to adjust the whole or any
portion of the security deposit towards the recovery of any amount due to the Corporation
from the tenderer. The security deposit or such portion thereof, as has not been adjusted
towards the recovery of amounts due from the tenderer to the Corporation will be refunded
to the tenderer after three months from the date of the satisfactory completion of the
contract and after the deposit receipt duly discharged by the tenderer has been returned to
Corporation.
9. EVALUATION CRITERIA / TENDER RANKING:

(A) TECHNICAL BID :

(i) The Bidders fulfilling the specified Pre-Qualification Criteria (PQC) shall only be
considered for further evaluation.
(ii) Based on the details submitted in Annexure - B and Annexure - C, the bidder shall be
allotted marks as per marking system specified in Annexure - V.
(iii) Bidders who obtained 70 marks and above out of total of 100 marks shall be qualified
for Price bid opening.
(iv) The successful bidder who are shortlisted for appointment as Agent will be required to
submits all the documents referred in Annexure- A, Annexure - B and Annexure - C for
physical verification as and when called for by IOCL prior to appointing them as Agent.
(v) In the event of any discrepancy in the above statement and the original document, the
offer of the bidder shall be rejected and EMD shall be forfeited.
(vi) No additional or extra document other than mentioned in the above statement shall be
entertained. The bidders are therefore advised to take utmost car in submitting the
above statement.

(B) PRICE BID :

(i) Bidders shall offer their discount in Price-bid which shall be treated as % of discount over
the maximum rate of commission offered by IOCL under mentioned category.
(ii) Discount offered by bidder in Price-bid shall be applicable uniformly on all categories of
commission mentioned by IOCL.
(iii) Bidder offering highest discount shall be evaluated as Lowest Bidder (L1).

If more than one bidder is evaluated as lowest bidder (L1) for particular territory , further evaluation shall done
on the basis of marks obtained by these bidders as per ranking of parameters shown in column 2 of Mark-
Sheet - Annexure-V. That is bidder with higher marks in parameter with rank 1 will be L1. Again if the
bidders have equal marks in parameter with rank 1 then marks obtained in parameter with rank 2 shall be
compared and so on.

In all above eventually still if L1 bidders are more than ONE , In such case L1 bidder will be finalize on the
basis of highest average annual financial turnover as per documents submitted against PQC criteria 2.3.2

Taxes & Duties: Compliance of statuary rules and regulation towards providing services to IOCL shall
be responsibility of bidder. Service tax on commission shall be reimbursed to the if and as applicable
as per service tax rules against submission of proper invoice along with service tax registration No.
Timely submission of requisite documents to IOCL shall be responsibility of agents. Any changes in
the tax structure by GOI shall be suitably applicable.

10. TERMINATION OF CONTRACT:

In addition to any other rights or remedy of the Purchaser and any other event entitling the
Purchaser to terminate the contract, the Purchaser may at its option terminate in whole or part the
contract so far as remains unfulfilled by written notice if :

(i) The Bidder refuses to supply all or any of the goods which the Bidder is required to supply
under the contract, or refuse to supply the same within the time or in the manner or
otherwise according to the contract
(ii) The Bidder becomes incapable of or unable to perform the contract

(iii) Death of Bidder (if an individual) or dissolution of Bidder (if a firm) or commencement of
liquidation or winding up (whether voluntary or compulsory) of the Bidder (if a company) or
appointment of a Receiver or Manager of the Bidder’s assets, or insolvency of the Bidder (if a
sole proprietorship) or of any partner of the Bidder (if a firm);
(iv) Distress; execution or other legal process being levied on or upon any of the Bidder’s goods
and/or assets;
(v) The Bidder or any person employed by him shall make an offer for any purpose in
connection with the Contract any gift, gratuity, royalty, commission, gratification or other
inducement (whether in money or in any other form) to any employee or agent of the
Purchaser.
(vi) The decision of the Purchaser as to whether any of the events / contingencies mentioned
above has occurred shall be final and binding upon the Bidder.
(vii) Upon termination of the contract in whole or part, the Bidder shall be entitled only to
receive payment in accordance with the Contract, and shall not be entitled to any other
payment or compensation.
(viii) Upon termination of the Contract, in whole or part the Purchaser shall be entitled, at its
option, to purchase from any other source at the Bidder’s risk and cost any goods relative to
which the Contract has been terminated and recover from the bidder (in addition to any
other amount to which the Purchaser shall be entitled) the difference between the amount
which would have been payable to the Bidder in respect thereof under the contract and the
amount spent in obtaining the goods and the Purchaser shall also be entitled in respect of
the balance of the goods (i.e. contracted quantity including plus 10% less the quantity
supplied and accepted, less quantity purchased at the risk and cost of the bidder ) relative to
which the contract has been terminated (in addition to any other amount which the
Purchaser shall be entitled) the difference between the market price and the contract price
in respect thereof prevailing on the date to the termination.

11. CANCELLATION :- IOCL, BG (Cryogenics) reserves the right to cancel the order placed if the
supplies are not forthcoming as per delivery schedule or in case of repeated rejection of
materials or on any other grounds such as liquidation of firm or adjudication or insolvency of
the tenderer or any other penal action by any of the Govt. Agencies. Under such
circumstances, the IOCL, BG (Cryogenics) shall not be responsible for any loss / damage
sustained by the successful tenderer.

12. INDEMNITY
 The Bidder shall at all times indemnify the PURCHASER against all claims which may be made in
respect of the stores in infringement of any rights protected by patent, registration of design
copy right or trade mark, provided always in the event of any claim in respect of alleged breach
of laws, patent, registered design, copy right or trade mark being made against the Purchaser,
the Purchaser shall notify the Bidder of the same and the Bidder shall at his own responsibility
either settle any such dispute or conduct any litigation that may arise therefrom.
13. NOTIFICATION OF DELIVERY
Notification of delivery or despatch with full details in regard to each and every consignment
shall be made to the Purchaser and also to the consignee mentioned in the PURCHASER’s
indent as the case may be, quoting the Letter of Acceptance number and date, and date of
despatch. All packages, containers, bundles and loose materials part of each and every
consignment shall be described and full details of the contents of the packages and quantity of
materials shall be given to enable the consignee to check the goods on arrival at destination.
The railway receipt, consignment note or the bill of loading, if any, should be drawn in the name
of the consignee and should be sent to him by registered speed post immediately on despatch
of the goods. The Bidder shall bear and reimburse to the Purchaser demurrage charges, if any,
paid by reason of delay on the part of the bidder in forwarding the railway receipt, consignment
note or bill of loading.

14. AMENDMENT TO CONTRACT

The contract or any of the contract documents shall not be deemed or understood to be
amended unless amended by a document signed by an authorized representative of each of the
parties to the contract and specifically designated as in Amendment to the Contract.

15. STATUTORY COMPLIANCE

Tenderers should have valid statutory registration e.g. Income Tax, Sales Tax, Excise, Service
Tax, etc. and / or should have applied for renewal, if required and they shall ensure compliance
of the provisions prescribed under any other law in force from time to time.

16. SMALL SCALE INDUSTRIAL UNITS

The bidder if it is a Micro, Small or Medium enterprise 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 / services under procurement in this tender, then party has
to indicate the Entrepreneurs Memorandum Number (Twelve Digit) and enclose a copy the
certificate issued by the Authorities under the Micro, Small & Medium enterprises Development
Act 2006.

17. COPYRIGHT/TRADE MARK OF IOCL(IBP DIVISION) – RELATED DISCIPLINE :

The successful tenderer shall not infringe, copy, imitate or otherwise deal with the brand name,
trade or merchandise marks or devices of design or copyright belonging to IOCL entitled to use
or otherwise alter, deface or interface with the same or pass off other goods or describe other
goods as the same as that of IOCL or having been manufactured for IOCL or otherwise
prejudice alter or affect the copyright, trade or merchandise marks or certified packing or
design or colour of THE Company’s labels or specification or the price or weight or other
codification that is marked on the packing or caused to be given by IOCL. It is expressly agreed
 that all trade marks, designs and copyrights shall vest in IOCL and nothing contained in this offer
shall have the effect of creating any right, title or interest in respect of the successful tenderer.

18. BUSINESS SECRET/MARKETING DISCIPLINE :

It is hereby specifically agreed by the successful tenderer that this clause shall be deemed to be
a condition going to the root of this offer, that the successful tenderer shall not at any time
during the subsistence of this contract or any time after its termination, call itself or hold hold
out itself, advertise in any manner whatsoever by publication or otherwise, by printing, in
writing or by any visual representation, either in its letter heads or newspapers or magazines or
leaflets, or by broadcasts over ratio or by television or by any other media communication or in
any manner whatsoever that it is or was the agent or representative of IOCL in any manner
whatsoever other than the appropriate Government Authorities to the extent necessary unless
so permitted in writing by IOCL. The successful tenderer hereby agrees and undertakes not to
disclose to any party whatsoever, any formulate, blend orders, specifications, trade secrets,
marketing projection or intelligence or any other data or information and shall keep absolute
secrecy in all matters pertaining to this offer, all correspondence relating thereto, all instruction
given or anything having any relevance with the offer on any matter touching or arising out of
this arrangement including the Books, Accounts, Paper and Correspondence and shall keep
strictest secrecy and confidence thereto to any person whomsoever other than appropriate
Government Authorities to the extent necessary, unless directed to do so by IOCL (IBP Division)
in writing.

22. Risk Purchase Clause:

If the bidder fails to execute the order during stipulated time due reason other than
mentioned in force majeure clause as above , we shall be at liberty to procure the said
material from alternate source at your cost & risk without assigning any reason thereof. In
that case, the differential amount (if any) shall be deducted from your other pending bills/
invoices or recovered / demanded.

23. The Company reserves the right to reject / cancel any or all Tender without assigning any
reason whatsoever. The company also reserves the right to cancel/withdraw/amend this
notification or extend the due date at its sole discretion without assigning any reason thereof.

23. Arbitration Clause:

“All disputes or differences which may arise out of or in connection with or are incidental to the
Agreement(s) including any dispute or difference regarding the interpretation of the terms and
conditions of any clause thereof which cannot be amicably resolved between the parties may
be referred to Arbitration of a person selected by the Bidder out of a panel three persons
nominated by the General Manager of the Unit or Project of Indian Oil Corporation Ltd. to
which the Contract relates. The Arbitration proceedings shall be governed by and conducted in
accordance with the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall
be Nashik.

24. JURISDICTION:
a. This contract shall be governed by the Laws of India in force from time to time.
b. The Bidder hereby agrees that the Court(s) situated at Nashik (MS) alone shall have the
jurisdiction to hear and determine all actions and proceedings arising out of this contract to
the exclusion of all other courts.

c. Without prejudice to the aforesaid the contract will be deemed to have been entered into at
Nashik on issuance of the Letter of Acceptance by Purchaser to the Bidder at Nashik and if the
letter of acceptance is posted by the purchaser at Nashik the Postal Department or courier
service at Nashik would be deemed to be the Agent of the Bidder for the purpose of its
delivery.

*********

Annexure - I

DECLARATION BY TENDERER
(To be uploaded along with technical- bid)

From: Date :

To:
Indian Oil Corporation Limited
IBP Division, Business Group (Cryogenics)
A-4, MIDC Area, Ambad,
Nashik – 422 010

Dear Sir,
Having examined the Tender Document consisting of Invitation to Tender, General Instructions
to the Tenderers and Tender Conditions (hereinafter called the Tender Documents), and having
understood the provisions of the said Tender Documents and having thoroughly studied the
requirement of Indian Oil Corporation Limited, related to the appointment of Agents at various
locations, I/We hereby submit my/our tender offer to you for the appointment as Agents for the
territory of ---------------------------------------------------------------------- ( mention State/Region/Territory)
in accordance with the terms and conditions and within the time mentioned in the tender
documents. I/We have uploaded following documents duly completed with the required
information:
1. DECLARATION BY TENDERER - Annexure - I (Signed and uploaded)
2. DECLARATION OF DETAILS OF RELATIONSHIP- Annexure-II
3. FORMAT FOR PQC DOCUMENTS RELATED STATEMENT- Annexure-A
 4. FORMAT FOR STATUTORY DOCUMENTS RELATED STATEMENT- Annexure-B
5. FORMAT FOR OTHER DETAILS – Annexure-C
6. DD towards EMD of Rs. 40,000/-
7. Technical Bid documents ( Saved and upaloaded as it is)
8. Price bid ( Updated, saved & Uploaded)
9. GCC or declaration on letter head for acceptance IOCL GCC
10. Relevant Document for exemption of EMD/ SD if applicable

I/We hereby undertake that the statements made herein and the information given in the
Annexure are true in all respects and that in the event of any such statement of information
being found to be untrue, false or incorrect, the same may be construed to be a misrepresentation
entitling Indian Oil Corporation Ltd. to reject /cancel any resulted Agreement for Agency and
forfeiture of the Security Deposit/Earnest Money Deposit.

Signature with date: -------------------------------

Stamp:

Annexure-II

DECLARATION OF DETAILS OF RELATIONSHIP WITH IOCL (IBP DIVISION) DIRECTORS, ETC.

Tenderers / applicants should furnish following details in the appropriate part based on their
organizational structure.

Organizational structure Part of the Form applicable

Sole Trader / Proprietor PART A

Partnership PART B

Company – Private / Public PART C

PART A
(Applicable where Tenderers / applicant is sole proprietor)

1. Name of Tenderers / applicant :

2. Address : Residence Office

3. State whether Tenderers / applicant is

Related to any Director(s) of IOCL Yes / No*

If ‘Yes’ to 3, state the name of

 IOCL Director & Tenderers / applicant ’s

Relationship with him/her

*strike out whichever is not applicable.

PLACE ____________________

DATE _____________________ __________________________

SIGNATURE WITH SEAL OF THE TENDERERS

/ APPLICANT

PART B
(Applicable where the Tenderers / applicant is a Partnership Firm)

Name of the Partnership firm Responding to the Tender

Address

Name of Partners & their address

4. State whether any of the partners is a Director at IOCL Yes / No*

5 If ‘Yes’ to 4, state the name(s) of IOCL Director.

6. State whether any of the partners is Related to any of the Director(s) of IOCL
Yes / No*

7. If ‘Yes’ to 6, state the name(s) of IOCL Director and

the concerned partner’s and relationship with him/her.

*strike out whichever is not applicable.

PLACE __________________

DATE __________________ _______________________________

SIGNATURE WITH SEAL OF THE

TENDERERS / APPLICANT
 PART C

(Applicable where the Tenderers / applicant is a Public / Private Limited Company)

1. Name of the Company responding

to the tender

2. Address of : (a) Registered Office

(b) Principal Office

3. State whether the Company is Private Limited Company or Public Limited Company

4. Name of Director(s) of the Company

5. State whether any of the Directors of the Tenderers / applicant Company is a Director of
IOCL Yes/No*

6. If ‘Yes’ to 5, state the name(s) of such Persons who are Directors at both the

Companies.

7. State whether any of the Directors of the Tenderers / applicant Company is related to any
Of the Directors of IOCL. Yes/No*

8. If ‘Yes’ to 7, state the name(s) of IOCL Director and the concerned Director(s)

(of the Tenderers / applicant Company) and relationship with him/her.

*strike out whichever is not applicable.

PLACE ___________________ DATE _____

SIGNATURE WITH SEAL OF THE TENDERERS / APPLICANT

 ANNEXURE-III

AGENCY AGREEMENT

Concerning the products Cryocans for all applications Artificial Insemination (A.I.) & Non Artificial
Insemination (Non- A.I.) applications and Industrial containers- Cryovessels for (A.I.) applications
only, manufactured by Indian Oil Corporation Limited (IBP Division), Business Group( Cryogenics).

I
This agreement is entered into by and between INDIAN OIL CORPORATION LIMITED
represented by General Manager ( Cryogenics) and Agent / Business facilitator including his
successors and assigns hereafter referred to as IOCL (IBP Division) and M/s. …………….
represented by Mr. …….., Partner/Director including his successors and also assigns hereafter
referred to as M/s………….
II
The terms of this agreement shall commence on ------------ and shall continue thereafter for the
period of THREE YEARS, unless this agreement is terminated, in accordance with the provision of
the Article No. XVI or XVII of this Agreement.

III
This agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof. No supplement, modification or amendment of this agreement shall be binding
unless executed in writing and signed by the representatives of both the parties. Any such
changes shall be delivered by the registered, quick mail services, air mail addressed to :
Indian Oil Corporation Limited
(IBP Division ), Business Group- Cryogenics
A-4, MIDC Area, Ambad, Nashik - 400 015.
Phone No. 0253-2384659/2381333, Fax No.: 0253-2382362
Agent: M/s ………… ………………..
………………….
………………
…………………..
IV
M/s. ………….. will act as an agent to facilitate the sale of products CRYOCAN and CRYOVESSEL
manufactured by IOCL (IBP Division) in India, the exclusive agency is limited for sale of Cryocans
for all applications ( A. I. & Non A. I. Applications) and Industrial containers- Cryovessels for A.I.
applications only.

Supplies to the following are expressly excluded from the purview of this agency:

a) NGO’s /Establishments /Unions of BAIF

b) JK Trust
c) Counter Sales /Retail sale directly handled by IOCL

The agents will be entitled for commission in all other cases.

 V
This agency agreement is for the territory of ……….,………..,……..,………..

VI
M/s. ……….. will not represent any other company which is involved in manufacturing and
sale of equipments and the supplies which are directly in competition with the products of IOCL
(IBP Division) BG (C).

VII
M/s………... Shall not attempt to have developed and/or manufacture any of the products
comparable to those offered by IOCL (IBP Division) through this agreement pertaining to agency
or sub-agency.

VIII

M/s……….. shall not represent in any way as the authorized representative of IOCL (IBP
Division), for carrying out servicing of the product covered by this agreement unless
authorized by IOCL (IBP Division) in writing prior to approaching any of the customers with such
proposition.

IX
During the validity of this appointment and for a period of two years after its termination,
your company, the partners of your firm or their relatives will not take up selling agency or sale or
otherwise become interested in the same or similar other products of any other manufacturers.
The relatives for this purpose will include spouse, sons or daughter, father or mother,
brothers or sisters or their children.

X
In case of a sale by IOCL(IBP Division) BG (C) to any customer located in the territory of agent of
the product in the clientele covered under this agreement, the rate of commission payable to
M/s. ……..........will be as under :

In case, full payment is received along with Sales Tax Form (if applicable) commission will be paid as
per your accepted offer as per category mentioned in the Price Bid, which will not be more than 5%
of Basic Price excluding incentive.

Service tax on commission shall be reimbursed to the commission agents if and as applicable as per
service tax rules against submission of proper invoice along with service tax registration No. Timely
submission of requisite documents to IOCL shall be responsibility of agents. Any changes in the tax
structure by GOI shall be suitably applicable.

The commission will be payable as and when due, only against such orders which are bearing
a date falling within the validity of the appointment, provided the orders are firm, irrevocable and
have been placed with financial commitment as required.

The commission will be calculated on sale value (Basic) which will mean as shown in the invoice
of the order exclusive of all taxes, duties and other government levies.
 XI
The commission will be approved and disbursed only after IOCL (IBP Division) receives full
and clear payment for the sales made along with sales-tax forms TDS certificates wherever
applicable.

The trade discount shall be offered to Agents equal to quantum of commission for that particular
item which is covered under this Agreement for the direct purchases made by Agents from IOCL, IBP
Division.

XII
The commission will be released by IOCL (IBP Division) subject to the claim statement being
submitted by M/s……… every quarter in the prescribed format.

XIII

The commission at Article No: X , will be paid by IOCL (IBP Division) for the sales made in
the territory of Agents for which 100% payment along with Sales Tax Form / TDS certificates
and any other applicable documents ( if applicable)have been received by IOCL(IBP Division) within
stipulated periods as given below from the date of supply i.e. date of invoice from our factory at
Nasik. It will be the sole responsibility of the Agents to expeditiously get the corrections made by
IOCL (IBP Div) for the errors and omissions occurred in terms of dispatch and transportation
including partial shipment. The onus of the speedier follow-up lies with the Agents who should
expressively co-ordinate with IOCL (IBP Division) in all earnest to get all the errors rectified so
that the customer can receive the goods at the earliest possible which will give them enough
time to release the payment within stipulated periods of the original date of dispatch of the
consignment. All eventualities like rejection of the equipments on quality grounds linked to
replacement, wrong deliveries, short deliveries, commercial or banking clarifications, postal
delays and all other unforeseen and un-described eventualities are hereby covered in setting out
the outer most limit of payment to be received by IOCL (IBP Division). IOCL (IBP Division) on its
part shall put in its best efforts to avoid the causes which otherwise will delay the payments.

Time taken for collection shall be the calculated based on difference between date of Invoice
and date of issue of Receipt by BG(C) towards collection of the payment.
 XIV

In its performance under this agreement M/s. …………. hereby agrees:

1. Timely information to Indian Oil Corporation Limited, IBP Division, BG (Cryogenics) about
tenders for Cryocan/ Cryovessel requirements. Also procure tender documents at his
own cost along with other related papers connected with submission of offers and
forward to Indian Oil Corporation Limited, IBP Division, BG (Cryogenics) at Nashik [here in
after called the “BG(C)”] promptly, enabling BG(C) to submit offers in time.

In case of e-tender, cost of tender document/ Tender Fee shall be borne by BG(Cryo)
and reimbursement for the same shall be done by the Agent.

Agent will make his best efforts that tender is not missed from their state/ region/ territory.

As and when required, in order to actively assist in preparation of BG(C)’s offers, they
will visit BG(C)’s Nashik office at their own cost and communicate to BG(C) by e-mails,
letters, faxes & telephone such matter as they may wish to offer which will have bearing on
preparation of BG(C)’s offers.

2. Timely submission of tender documents, submit samples, collect samples as required by

tender conditions and attend tender openings on behalf of the BG(C) and communicate full
details of offers received from competitors and any other relevant information.

The offers given by BG(C) would also, be followed up by them, for realization of order.

3. Arrange timely collection of Octroi / LBT Exemption Certificate, Road Permit, ST Form,
Form of Certificate, Excise Exception Form, CSIR Certificate etc. as may be applicable
from Buyer and forward the same to BG(C) wherever applicable. They will receive the
Despatch documents as required and deliver the same to customer if required. They
would liaise with Transporters as required and arrange re-dispatch where ever necessary in
line with IOCL instructions.

4. Arrange timely inspection of containers by customer, arrange adequate space at site and
help in arranging the necessary certificates to enable release of payment. To assist /
facilitate IOCL BG(C) in locating agencies at local level to complete installation and
commissioning of Cryovessels – including civil work, fencing, Liquid nitrogen for testing,
completing PESO formalities, RTO formalities etc.; payment to such agencies will be made by
IOCL, co-ordination will have to be done by agent.

5. Follow up and obtain timely collection of payment due from our customers for the supplies
made within due dates as per tender condition. They will also ensure that sales tax forms
wherever applicable, are collected in time. They would also ensure collection of EMD,
Security deposits, TDS certificates and Sample Container on a returnable basis lying with
Customers together with collection of Bank Guarantees if the purpose for which it was
given is over. Commission can be claimed only after receipt of full amount along with
applicable forms / certificates and any other related documents as may be required.
6. Keep in close touch with the customers of BG(C)’s products so as to provide periodic
and structured feedback on performance of the products and render such services to
customers as are normally expected of a selling agent. Any new requirements or
changes as may be suggested by customers in existing products for improvement will be
informed to IOCL BG (C).

7. Keep in close and regular touch with all present and potential customers of our products in
their territory and keep us advised of their likely requirement, market projections, any
significant events planned that are related to IOCL BG(C) products etc. by sending a
periodical report.

8. Constantly monitor and report to the BG(C) about competitors’ activities which include
performance of the competitors and any other information which can help the BG(C) in
performing well in the market.

9. Make all earnest efforts to actively promote BG(C)`s business prospects in their territory.

10. Arrange to collect sample containers from customer which were sent to fulfil the
tender conditions and rebook the delivery of those samples to BG(C)’s, Nasik Plant
immediately after the time period for which the containers were submitted as sample
against the tender has been fulfilled. In case it is not due for return, then they should
obtain confirmation from the customer at the end of each quarter and submit to BG(C).

11. To arrange collection of correspondence on any pending matter with the customer
and take such measures which will bring about improved communications between the
customers and BG(C) and such other services normally expected of a Selling Agent.

12. Promptly attend to complaints from customers and initiate immediate corrective action,
informing BG(C) simultaneously.

13. Provide periodic and sales forecasts and such other information as is required for the
purpose of production planning by sending to BG(C) periodical structured report.

14. Protect and nurture the BG(C)’s interests to the best of its ability.

15. Take appropriate action on regular basis on sales promotion activities.

16. Carry out any other related responsibilities, as may be given by BG(C), from time to
time in the interest of organization.

17. Once appointed Agents and its associates cannot act as an Agent of any of the
Corporation’s competitors.

18. To quote on behalf of IOCL BG (C) as per instructions from IOCL BG (C) in case of specific
tenders.
 XV
IOCL (IBP Division) or M/s.___________ will be at a liberty to terminate this appointment at
any time by serving the other party a notice of 30 days (Thirty days) without assigning any
reason thereof. Termination has to be stated in writing and delivered by registered mail.

XVI
This agreement shall be immediately terminated for any one of the following reasons:
1) In the event of M/s. …….. failure to pay all due as they fall due to IOCL (IBP Division) on
demand.

2) M/s. ……. shall become bankrupt or insolvent or if the business of M/s. ………… shall be
placed in the hands of a receiver or trustee, whether by voluntary act of M/s. …………. or
otherwise.

3) If any government agency having jurisdiction over the subject matter of this agreement
issues an injunction or any other order, ruling or directive against M/s……… which
prevents or hinders M/s………. from selling the products in any portion of the territories
and which remains in affect for at least 30 days (Thirty days).

4) If dissolution of partnership of M/s. …….. takes place for any reason whatsoever.

5) If M/s. ……….. accepts a payment from any buyer due to IOCL (IBP Division), in cash or
by demand draft or cheque payable in favour of M/s. ………..

XVII
IOCL’s (IBP Division) obligation to pay commission to M/s. ………. for any sale affected by IOCL
(IBP Division) under this agreement prior to the termination hereof shall survive such
termination. However, if termination is due to clause XVII, then commission will be payable
only for the supplies already effected against orders received from Agent’s territory and will
be paid subject to our receiving full payment and Sales Tax forms against our invoice.

This appointment does not authorize M /s. ……….. to commit IOCL (IBP Division) in any manner
beyond such written authorization that may be issued to you from time to time.

XVIII
This agreement shall be binding upon IOCL (IBP Division) and M/s……….. The rights arising under it
are not assignable except upon the prior written consent of IOCL (IBP Division). In case anyone or
more provisions contained in this agreement should be invalid, illegal or un-forcible in any
respect, the validity, legality and enforceability of the remaining provisions contained herein shall
not in any way be affected or impaired thereby.

XIX
In the unlikely event of any dispute arising in connection with this agreement, such disputes
shall be resolved through arbitration only. The appointment of the arbitrator shall be at the sole
discretion of the General Manager (Cryogenics), IOCL (IBP Division) and the decision of the arbitrator
shall be final and binding on both the parties.
All legal matters pertaining to this agreement shall have Nashik as place of jurisdiction.

It is emphasized that the appointment vide this letter is with the specific object of strengthening our
marketing arrangements and we expect that M/s. ………... through their conscientious efforts will
help us to promote a strong, healthy and effective marketing base in the territory mentioned
above. Security Deposit of Rs …………..has been given for covering the territory/territories
…………………………………………………….. In witness thereof, the parties hereto have duty executed this
agreement as of

INDIAN OIL CORPORATION LIMITED ………….

IBP DIVISION, BUSINESS GROUP(CRYOGENICS)
(……………)

GENERAL MANAGER (CRYOGENICS) PARTNER/DIRECTOR

PLACE:

DATE:

1) WITNESS: 1) WITNESS:

2) WITNESS: 2) WITNESS:
 ANNEXURE- IV

DETAILS OF SECURITY DEPOSIT

Security
S.
TERRITORY /REGIONS Deposit,
No.
Rs.
1 Jammu & Kashmir 40000
2 Delhi, Haryana, Punjab & Chandigarh, Himachal Pradesh 40000
3 Uttar Pradesh, Uttrakhand 40000
4 Bihar, Jharkhand 40000
5 Orissa 40000
6 Madhya Pradesh & Chattisgarh 40000
7 Gujarat, Daman, Diu & Rajasthan 40000
8 West Bengal, Assam, Sikkim, Meghalaya, Arunachal Pradesh, 40000
Nagaland, Manipur, Tripura & Mizoram.
9 Maharashtra & Goa 40000
10 Karnataka 40000
11 Andhra Pradesh & Telangana 40000
12 Kerala 40000
13 Tamil Nadu & Pondicherry 40000

*******
 Annexure-V

BIDDER MARK-SHEET

SR. RANKING DESCRIPTION MARKS MAX. MARKS

NO FOR
EVALUA-
-TION
A Name of the Organisation:

B Territory applied for:

1 2 Details of Head office in the territory: 9
Address:
Communication facilities
(a) Telephone – land line - Office 3
(b) Mobile 3
(d) e-mail 3

2 6 Details of Branch Offices (Only in 6

states other than the state of Head
Office for multi-state territory):
Address:
Communication facilities
(a) Telephone - Office / 2
(b) Mobile 2
(c) e-mail 2
*For single state territory these marks
will be allotted to Head Office.

3 9 Nature of organisation : 5
(i) Proprietorship 5
(ii) Partnership 4
(iii) Private / Public Limited Company 3
4 7 Year of incorporation 5
(i) 3 years old or less as on 31.03.2014 3
(ii) Older than 3 years as on 5
31.03.2014
5 5 Sales Tax / VAT Registration 2
(i) Not available 0
(ii) Valid CST Registration* 1
(iii) Valid VAT Registration* 1
6 10 Shop / Establishment Registration No. 2
(i) Not Available 0
(ii) Available* 2
7 4 Educational Qualification( Proprietor/ Any Partner/Any
Director)
(i) Graduate with more than 5 years of 8 8
experience
(ii) Graduate with less than 5 years of 6
experience
 SR. RANKING DESCRIPTION MARKS MAX. MARKS
NO FOR
EVALUA-
-TION
8 1 Dealing on behalf of Principal / 50
Themselves : ( Certification from CA
in Annexure-A)
(a) Dealing with State and Central 50
Govt. agencies like Animal Husbandry
Departments/ Livestock Development
Boards either themselves or on behalf
of their principal for “Similar
Products”
(b) Dealing with other than State and 40
Central Govt. agencies like Animal
Husbandry Departments/ Livestock
Development Boards either
themselves or on behalf of their
principal for “Similar Products”
*“Similar Products” as defined in PQC
9 3 Average annual turnover of 3 years
ending 31st March, 2014 (i.e.
Financial Year 2011-12, 12-13 & 13-
14) ( As per Annexure-A)
(a) Above Rs. 50 lakhs. 8 8
(b) More than Rs25 lakhs & up to 7
50 lakhs
(c) Rs. 8 to Rs. 25 lakhs 6
10 8 No. of staff directly engaged in marketing activity of
products (excluding proprietors/partners/ directors of
firm); (Self declaration to be uploaded with technical
bid )
(a)More than 4 Nos. 5 5
(b) 3-4 Nos. 4
(c) Up to 2 Nos. 3

TOTAL MARKS 100

Note : Only technically qualified bidder - that is those fulfilling PQC shall be considered for further evaluation
and allotting marks as mentioned above. In case bidder fails to qualify in PQC, further evaluation of
their bid will not be carried and such bidder shall be treated as disqualified for opening of the price bid.
Bidder obtaining 70 marks and above out of total 100 marks on the parameters Sr. No. 1 to 10 above
shall only qualify for opening of their Price- bid. After opening of price bid if more than one bidder is L1
for particular territory , further evaluation shall done on the basis of marks obtained by these bidders
as per ranking of parameters shown above in column 2 that is bidder with higher marks in parameter
with rank 1 will be L1. Again if the bidders have equal marks in parameter with rank 1 then marks
obtained in parameter with rank 2 shall be compared and so on. If required, IOCL may call lowest
bidder for verification of documents/Interviews / presentation at Nasik/Mumbai at their own cost at
appointed date. IOCL also reserve rights to make visit for verification at bidders office as well as visit to
their customers.

*********
 Annexure-A
FORMAT FOR PQC DOCUMENTS RELATED STATEMENT

Pre-Qualification Criteria
A) Statement in support of “Similar Work”
Reference of
Corresponding
Product Agency
Invoice
(Item Agreement /
Purchase Order / Invoice Qty Value
Invoice Name of Description) Agency
Rate Contract No. & (Nos) (Rs.
Year Customer as mentioned Certificate
Date Lacs)
in invoice issued by
Principals &
date
No. Date

B) Turnover Details
Year Sales Turnover (Rs. in Lacs )
FY 2011-12
FY 2012-13
FY 2013-14

I certify that the details mentioned in above table are verified and found correct

Signature of bidder with seal

Signature of Charted Accountant Stamp/Seal

Date :

Place:
 Annexure-B
FORMAT FOR STATUTORY DOCUMENTS RELATED STATEMENT
(To be certified by Charter accountant)

C) Other details

Sr. Description Document reference Document Date Remarks (if any )

No.
1 Nature of Firm
( Private/Proprietary
/Partnership/Public )

2 Sales Tax Document reference Document Date Registration No.

Registration
details

3 Shop Document reference Document Date Registration No.

/Establishment
Details

4 Year of Document reference Document Date Remarks (if any )

Incorporation

I Certify that the details mentioned in above table are verified and found correct

Signature of bidder with seal

Signature of Charted Accountant Stamp/Seal

Date :

Place:
 Annexure-C
FORMAT FOR OTHER DETAILS
(Self Certification by bidder)
Sr. Description Document reference Document Date Remarks (if any )
No.
1 Educational Qualification Qualification Board / University Year of passing
of Proprietor/ Any one
Partner/Any one Director
(with highest
qualification)
(i) Name:
2 Details of staff directly Designation
engaged in marketing
activity of products
(excluding
proprietors/partners/
directors of firm)
(i) Name:
(ii) Name:
(iii) Name:
(iv) Name:
(v) Name:
Address with Pin Tel. Nos. Mobile No. E-mail
Code (Land Line)

3 Company/ Firm Head

office details

4 Branch office details

I certify that the details mentioned in above table are verified and found correct

Signature of bidder Stamp/Seal

Date:

Place: