BHARAT PETROLEUM CORPORATION LIMITED T… · bharat petroleum corporation limited territory manager...

T E N D E R N O . B P C / I & C / N R / 0 2 / L D O / 2 0 1 1 Page 1

BHARAT PETROLEUM CORPORATION LIMITED

TERRITORY MANAGER (I&C), DELHI

6TH FLOOR, BHARAT PETROLEUM CORPORATION LTD

A 5 & 6, SECTOR 01 NOIDA -201301, DISTRICT GAUTAM BUDHA NAGAR (U.P) TEL NO: 0120-2474146, 2474176; FAX NO. 0120-2474380

NOTICE INVITING e-TENDER FOR TRANSPORTATION OF LIGHT DIESEL OIL (LDO) ex BIJWASAN INSTALLATION

TENDER NO. BPC/I&C/NR/02/LDO/2011

Tender Name: e-Tender for Road Transportation of LDO ex BPC’s

Bijwasan Installation to various customer locations within & outside state.

Pre-Bid Meet Eligible tenderers are invited to a Pre-Bid Meet on 23.09.2011 at 2 pm at I&C Territory office , 6th floor Bharat Petroleum Corporation Ltd A 5 & 6 Sector 1, Noida-201301 District G.B Nagar (U.P) for “tender condition clarification and e-bidding process”.

Last Date for Submission of Tender:

03.10.2011 at 2:00 pm.

Tender Opening on: 03.10.2011 at 3:00 pm at Pre-Bid Meet Venue as above.

Period of Contract: From 01.10.2011 to 30.09.2013 + Option for extension for 1 year on same terms & conditions at sole discretion of BPCL.

Earnest Money Deposit (EMD)

Rs.1, 00,000/- (Rs. One Lakh Only)


BHARAT PETROLEUM CORPORATION LTD.

TERRITORY MANAGER (I&C), DELHII 6TH FLOOR,

BHARAT PETROLEUM CORPORATION LTD A 5 & 6, SECTOR 01 NOIDA -201301, DISTRICT GAUTAM BUDHA NAGAR (U.P.)

TEL NO: 0120-2474146, 2474176; FAX NO. 0120-2474380


NOTICE INVITING e-TENDER FOR TRANSPORTATION OF LIGHT DIESEL OIL (LDO) EX BIJWASAN INSTALLATION

E-Bids are invited from eligible tenderers for Road Transportation of LDO ex BPC’s Bijwasan Installation to various customer locations within & outside state. 1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender. 2. Please visit the website https://bpcl.eproc.in for participating in the tender and submit your bid online. For viewing / downloading the tender document, please visit our website http://www.bharatpetroleum.in/tender/tender.asp 3. The Bid consist of the following documents to be submitted on-line. a. Credential / Technical Bid (Un-priced) b. Price Bid. 4. Additionally, it is mandatory for the tenderers to submit the following documents in physical form to Territory Manager (I&C), Delhi in a sealed envelope at the address given above. Sr. No. Particulars Attachment No. 1 Tenderer’s Covering Letter as per format Attachment-3 2 Irrevocable Powers of Attorney as per format Attachment-4 3 Affidavit for Attached Trucks on Rs. 100/- Stamp

Paper as per format Attachment-5

4 Details of relationship with BPCL Directors as per format

Attachment-6

5 Caste Certificate (wherever applicable) issued by Competent Authority as per format

Attachment-7

6 Undertaking as per format Attachment-8 8 Declaration by Tenderer as per format Attachment-9 9 Attested acknowledged copy of the latest Income

Tax Return filed and the copy of PAN Card.

10 Attested copy of immediate previous 3 years audited annual report.

11 Attested copies of trading license or Company Registration Certificate.

12 Attested copies of Partnership Deed or Certificate of


Incorporation. 13 Attested copies of R C Book, Fitness Certificate,

Route Permit and Insurance Certificate of all tank-lorries offered.

14 Tender Fee DD of Rs. 1, 000/- as per tender Para 2.1 point no. 3.

15 EMD of Rs. 1, 00,000/- by way of DD as per tender Para 4.3.

5. The submission of online bid as well as submission of above physical documents (off-line) shall be upto 02:00 pm on 03.10.2011. 6. Bids submitted after the due date and time of closing of tender ((i.e. after 02:00 pm on 03.10.2011) and / or not submitted in the prescribed format shall be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or other documents to be submitted in physical form due to postal delay etc. No claims on this account shall be entertained. 7. The schedule of Price Bid opening will be advised separately to the tenderers who qualify in the credential / technical bid. 8. Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document. 9. The online portion of the tender shall have to be submitted through the e-procurement system on https://bpcl.eproc.in. 10. The tender document with detailed terms and conditions is also available on our website http://www.bharatpetroleum.in/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcl.eproc.in. 11. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the tenderer. In case any tenderer so desires, he may contact our e-procurement service provider M/s.C1 India Pvt Ltd., D-5 Defence Colony New Delhi 110024 on the contact nos. 011-24629600 Ext 192 Fax no 011- 24655186 for obtaining their Digital Signature Certificate. 12. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet: a. Tenderers are advised to log on to the website (http://bpcl.eproc.in) and arrange to register themselves at the earliest. b. The system time (IST) that will be displayed on e-procurement (e-bid) web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance. c. Tenderers are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the tenderer intends to change /revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.


d. Tenderers submitting / uploading the on-line tender documents thru’ digitally signed certificates shall be construed as their complete agreement with the terms & conditions and that they have fully understood the tender documents. e. Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed. f. Tenderers shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case tenderer submits such physical documents for price bids, the same shall not be considered. 13. In case of any clarification pertaining to e-procurement (e-bidding) process, the vendor may contact M/s. C1 India Pvt Ltd., New Delhi Mansi Kumari (Mob: 09810006951, email [email protected]) / jasmine Ahuja (Mob: 098871992800) or Helpdesk at 011-24629600 extn. 192) Thanking you, Yours faithfully, For BHARAT PETROLEUM. CORPN. LTD. VIPIN SATSANGI TERRITORY MANAGER (I&C), DELHI


e-TENDER FOR TRANSPORTATION OF LIGHT DIESEL OIL (LDO) ex BPC BIJWASAN INSTALLATION


e-Bids are invited for Road Transportation of LDO ex BPC’s Bijwasan Installation to various customers locations within & outside state. 1.0 COMPANY INTRODUCTION 1) Bharat Petroleum Corporation Limited (BPCL) is engaged in the business of refining and marketing of petroleum products. This transportation tender seeks to move LDO ex BIJWASAN INSTALLATION to various customer locations, within & outside state, efficiently to meet their requirement. 2) BPCL invites the eligible tenderers to participate in this e-tender. 2.0 TENDER NO. BPC/I&C/NR/02/LDO/2011 BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise invites Bids through e-tender under Two-Bid System for Road Transportation of LDO ex BPC’s Bijwasan Installation to various customer locations within & outside state for a period of 2 (two) years effective 01.10.2010 with option for extension up to 1 (One) more year at the sole discretion of BPCL. 2.1 TENDER DOCUMENTS: 1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Certificate shall be borne by the tenderer. In case any tenderer so desires, he may contact our e-procurement service provider M/s.C1 India Pvt Ltd.,_New Delhii on the contact nos. 011-24629600 Ext 192 for obtaining their Digital Signature Certificate. 2) The tenderers having valid Digital Certificate and Login ID can download the tender from the website (https://bpcl.eproc.in). The downloaded documents once read carefully have to be uploaded by the tenderer under their Login ID duly certified with Digital Certificate, in token of acceptance of all tender terms and conditions there-in. 3) Tenderer shall pay Rs. 1,000/- (Rs One Thousand Only) as Tender Fee by DD (Non-refundable) drawn on any scheduled Bank payable at New Delhi in favour of M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the documents to be submitted in physical form as per the list mentioned under Para 5.2 below.


4) The tender documents can also be downloaded from BPCL website, http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcl.eproc.in. 2.2 RATE SCHEDULE / ESTIMATED QUANTITY: 1) Lowest rates for transportation for LDO ex. Bijwasan Installation to the customer

locations: (i) Delivery within FDZ in Rs per KL (ii) Delivery within the state in Rs./Paise per KL per RTKM (iii) Delivery outside state in Rs./Paise per KL per RTKM

The Rates in the Price-Bid is to be quoted only “on-line” & no physical document should be submitted.

2) The estimated quantity of LDO ex Bijwasan to be transported and the estimated

number of tank-lorries required is given in the Schedule-A enclosed. The schedule, however, gives only indicative quantity and may undergo a change depending upon business requirement.

3) The RTKMs to BPC storage locations as stated in the Schedule shall be only considered for payment of transportation charges for these locations. In case of addition of new storage location or for deliveries to a customer location during the tenure of the contract, actual RTKMs shall be established by BPC and same shall be final and applicable for payment of transportation charges.

2.3 EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay Rs. 1,00,000/- (Rs One lakh Only) as EMD per tender by DD drawn on any scheduled Bank payable at New Delhi in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under Para 5.2 below. Bids received without EMD shall be rejected. 2.4 SUBMISSION OF TENDER: 1) The tenderer should download the tender document from e-procurement system on https://bpcl.eproc.in and after carefully reading the same should be uploaded under his/her login ID, as token of acceptance of all terms & conditions therein. 2) The Bid consisting of the following documents to be submitted online @ https://bpcl.eproc.in a. Credential / Technical Bid (Un-priced) b. Price Bid 3) Additionally, it is also mandatory for the tenderer to submit the documents in physical form as mentioned under Para 5.2 below, to the Territory Manager (I&C) at the address given above.


4) The closing date & time for submission of online bids as well as submission of documents in physical form is 02:00 pm on 03.10.2011. 2.5 MINIMUM QUALIFICATION CRITERIA 1) The tenderer must offer minimum 01 (one) tank-lorries of minimum 18 KL capacity which should be owned by them and registered in their own name (i.e. Firm or Partner or Proprietor or Director). The age of the offered tank-lorries should not exceed 12 years as on 01.10.2011. 2) The tenderer must have a minimum turnover of Rs.30.0 lakhs (Rs. Thirty lakhs only) per annum during any of immediate previous 3 financial years. 2.6 SIGNING OF AGREEMENT: Each successful tenderer will have to sign an Agreement as per the draft attached as Annexure-1, along with the tender document. The period of agreement with successful tenderer would be 2 (two) years w.e.f. 01.10.2011 with an option on the part of BPCL to extend the same by one (1) more year on same rates, terms and conditions. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per clause 16 of the Agreement. 2.7 LOCAL OFFICE: Outstation tenderer(s), should have a Contact Office at loading location within Ten (10) days from the date of award of Contract and the address of the same should be submitted before the contract/agreement is signed. 2.8 RESERVATION: The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basis. The SC/ ST tenderers desirous of offering the Truck will have to participate in the tender and should fulfil all tender conditions. The SC/ ST tenderers will not be eligible for any price preference or relaxation of standards. There is no difference in EMD or any other tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST are given in tender document. 2.9 TENDER OPENING: 1) The due date and time of opening of tender documents (technical documents

submitted in e-bidding & documents submitted in physical form) is as specified in NIT, which is 03.10.2011 at 03:00 pm at the following address:

TERRITORY MANAGER (I&C), DELHII 6TH FLOOR, BHARAT PETROLEUM CORPORATION LTD A 5 & 6, SECTOR 01 NOIDA -201301. DISTRICT GAUTAM BUDHA NAGAR (U.P.) TEL NO: 020-2474146, 2474176; FAX NO. 0120-2474380

2) On-line credential / technical bids of only those tenderers shall be opened who have

submitted physical documents as mentioned in Para 5.2 below. If any tenderer fails to


submit the physical documents and / or submits incomplete documents, their on-line bids shall not be opened and the bid shall be considered as rejected.

3. Tenders received late for whatever reasons / without Tender Fee, EMD / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered. 4) Tenderer or his authorised representative (duly authorised in writing by the Tenderer) may witness the opening of tender on the scheduled date and time. 5) The tenderer can also witness the tender opening through e-procurement (e-bid) system on https://bpcl.eproc.in. IMPORTANT: a. It is mandatory that, before closure of the tender at 02:00 pm on 03.10.2011, the tenderer should submit the documents in physical form as specified under Para 5.2 below. b. Tenderers shall submit Price Bids only through e-bidding and no physical documents shall be submitted. 2.10 OPENING OF PRICE BID: 1) Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document. 2) The tenderers meeting minimum qualification criteria will only be considered for opening of price bids after evaluation of Technical bids of all participating and valid tenders. After scrutiny of the technical bids, the eligible tenderers shall be notified regarding date, time and venue for the opening of price bids. 3) The price bid will be opened only through the e-procurement system on https://bpcl.eproc.in. 4) The price bids will remain valid for 180 days from the date of opening of the Price Bid unless extended by mutual consent in writing. The Corporation reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoever. 3.0 SCOPE OF WORK: 3.1 NAME OF TRANSPORTION WORK; LOCATION & PERIOD OF CONTRACT: 1The tenders are invited for transportation of LDO ex BPC’s Bijwasan Installation to various customer locations within & outside state for a period of 2 (two) years, with option for extension up to 1 (One) more year at the sole discretion of BPCL and will be effective from the 01.10.2011. 2) The period of contract shall initially be for a period of 2 (two) years and shall be extendable for further period of 1 (one) year at Corporation’s sole discretion at the same rates, terms & conditions.


3.2 PARTICIPATION: (i) Tenderers are requested to view / download the tender document from the website www.bharatpetroleum.in/tender/tender.asp and go through the same carefully. The eligible tenderers meeting the criteria may participate. ii) If it is found that the tenderer has applied although he/she was not eligible as per conditions laid down in minimum qualification criteria of this tender or has claimed benefit of reservation on the basis of wrong documents or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material fact about trucks etc. whether at the time of application or at the time of execution of agreement, the tender/ allotment will be rejected/ cancelled summarily without issuing any show cause notice for the same. In case of such cancellation, entire amount deposited against EMD/ security deposit amount shall be forfeited. 4.0 TENDER GUIDELINES; TERMS & CONDITIONS: 4.1 General: 1) Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the BPCL & any of its subsidiary Companies i.e. NRL, BPCL, BPC-KR etc., IOC or HPC or IBP or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderers part entitling BPCL to all rights and remedies available thereof including termination of contract. 2) The tenderer must offer minimum number of 1 (one) tank-lorry which should be owned by the tenderer (i.e. in firm / Partner / Director/ Proprietor’s name). The tenderer may offer more than 1 (one) tank-lorry either own or attached. However, for the attached Lorries offered / quoted, the tenderer must submit the Affidavit from the owners of the lorry in the standard format. 3) All rates quoted should be both in words and figures. In case of any difference between the two, the rates quoted in words shall be considered as final and authentic. Also the rates should be quoted in the same units as mentioned in the tender schedule. 4) In case it is observed that all the tenderers or a group of tenderers have quoted in cartel, BPCL reserves the right to reject some or all the bids of the tenderers who have quoted in cartel, without assigning any other reasons for the same. 5) Rates quoted would be valid and binding on the tenderer for 180 days from the opening date of Price Bid unless extended by mutual consent in writing. During the validity period, tenderer will not be allowed either to withdraw or revise his offer on his own. Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual period. 6) BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to: a. Negotiate with any or all tenderer


b. Distribute the work among Transporter(s) c. Reject any or all tenders either in full or in part d. Assign the offered and accepted trucks to any of the contracts and engage additional

transporter/s trucks at any time without giving any notice whatsoever to the transporter/s already appointed against this Tender.

e. Withdraw or cancel this tender in full or in part at any time during the tender process. 7) The tenderer should study all the operations/ local conditions at the loading/ unloading point/s and route/s. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender. 8) Tenders not meeting the tender terms & conditions or incomplete in any respect or with any additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding. 9) The age of the vehicles offered and taken in the contract shall not exceed 12 (twelve) years as on date of opening of tender. In case the trucks offered by the tenderer attain the age of 12 (twelve) years during the currency of the contract, the tenderer is bound to replace such trucks within 15 days of such occurrence. 10) The estimated quantity to be delivered given in tender document is indicative and is subject to change. BPCL reserves the right to induct additional tank-lorries to meet additional demand for Bulk / Modified Bitumen movement, if required, during the tender period. 11) Tenderer should submit all the details and enclosures as has been asked for in the tender form. In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for shall be a ground for rejection of tender. 12) Tenderer/his authorised representative may witness the opening of tender on the scheduled date and time. 13) The tank-lorries quoted in the tender should have all valid documents such as registration certificates, fitness certificate, Insurance & Road Permit etc. and should meet all statutory requirements. The loading of the Lorries shall be done based on the RLW as endorsed on the RC book. 4.2 EVALUATION / RANKING OF THE TENDERERS: 1) This Public Tender is floated in two bid system i.e. technical bid & price bid. Initially, the technical bids will be opened on scheduled date and will be evaluated on the following minimum qualification criteria’s besides meeting other tender guidelines: a) The tenderer should offer / quote minimum 1 (One) tank-lorries of 18 KL or higher capacity which should be registered in the tenderer’s own name (i.e. Firm or Partner or Proprietor or Director), and should be available to BPCL for the transportation of LDO ex Bijwasan Installation to various Customer locations within & outside state. b) The minimum turnover of the tenderer should be Rs. 30.0 lakhs per annum during any of the immediate previous 3 financial years.


2) Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on a notified date which will be communicated only to technically qualified tenderer. 3) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s experience with them on their past performance. 4) Ranking of the tenderers i.e. L-1, L-2 etc. will be done based on the rates quoted. In case, for a particular ranking, tank-lorries offered are more than the requirement then the tank-lorries will be taken on proportionate basis with owned tank-lorry offered from each tenderer. Preference will be given to tenderer offering maximum number of owned T/Ls. However, BPCL’s decision on allocation of tank-lorry shall be final and binding on all the Bidders. It may also be noted that while finalizing the allocation, the proportion of owned / attached T/Lorry will be maintained at the ratio of 1:1 i.e. the maximum no. of attached T/lorries to be allocated will be restricted to the nos. equal to own T/lorries offered. BPCL reserves the right to divide the work among successful bidders and BPCL’s decision in this regards shall be final. 5) BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding. 6) Tenderers will be listed in ascending order as per their ranking for each location. Tenderer with minimum financial outgo to BPCL will be ranked L-1. Tenderer with the next lowest financial outgo will be ranked L-2 and so on. The list will include all the technically qualified tenderers in the ranking based on the rates quoted by the respective tenderers. 7) At a particular ranking, trucks offered by technically qualified SC/ ST tenderers shall have preference as per Govt. of India directives. 4.3 EARNEST MONEY DEPOSIT (EMD): 1) Tenders should submit an EMD of Rs.1, 00,000/- (One Lakh) by Demand Draft drawn on any Scheduled Bank in favour of “M/s Bharat Petroleum Corporation Limited”, payable at Mumbai in a separate envelope marked “ EMD- Tender No.: “ alongwith the physical documents as stated in Para 5.2 below. Tender documents received without EMD shall be rejected. 2) Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected. 3) No interest shall be payable on EMD. 4) EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL’s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to position any or all offered truck/s within 15 days after the issuance of Letter of Intent/award of contract. 5) EMD shall be refunded only after finalization of the tender.


4.4 NEGOTIATIONS: 1) The Corporation reserves the right to negotiate with any or all the tenderers. In such an event, BPCL shall invite the tenderers for negotiations solely at tenderers cost. 2) Only the proprietor of the firm or the legally authorized representative of the firm will be allowed to attend such negotiations, at their own cost, as commitments made and/ or clarifications given during the negotiations will be binding on the tenderer/s. He/ She should carry the necessary authorization to attend such negotiations and to hand over an authenticated copy of the same to BPCL’s representative/s participating in negotiations. 2) Originals of the documents submitted as copies and the documentation to substantiate statements made in the tender document are to be produced for verification by the BPCL during negotiations or at any other time at the discretion of BPCL. 4.5 SECURITY DEPOSIT (SD): 1) Successful tenderers will be required to furnish SD within 7 (Seven) days of issuance of LOI/ Work Order at the following rates: 2) The security deposit shall be Rs. 7, 50, 000/- (Rs. Seven lakh Fifty thousand only). Minimum of Rs. 1,00,000/- shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. and balance amount may be deposited in the form of Bank Guarantee strictly in the specified Proforma, valid for a period of 6 (six) months beyond the tenure of contract. 3) Adjustment of EMD towards SD is permissible for the portion of SD payable by DD. Cash receipts for SD paid by DD will be issued by BPCL. 4) Interest is not payable on SD. 6) Any loss/ claim and/ or damage arising out of the performance of the contract would be adjustable against the SD. Any loss/ claims/ damages higher than SD will be recovered from payments due to the Transporter under this contract or deposits made by or payments due to the Transporter under any other contract with BPCL. 7) Security deposit would be refunded after six months of expiry of the contract on written request from the Transporter and with surrendering of the original cash receipt, subject to fulfilling all terms and conditions of the contract. In the event of loss/ misplacement of the cash receipt of the SD, the refund would be made only after the transporter furnishes an Indemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriate value (at transporter’s cost), duly notarized. 8) Successful tenderer will be entrusted with transportation work only after signing of Agreement and payment of Security Deposit amount. 4.6 CONTRACT PERIOD: Unless otherwise specified or agreed to, the contract shall be awarded for 2 (two) years effective 1.10.2011 with option for extension up to 1 (one) more year at the sole discretion of BPCL at the same rates, terms and conditions.


4.7 EXECUTION OF AGREEMENT: 1) Successful tenderer/s will be required, before undertaking the contract, to execute the Agreement, within 7 (Seven) days of the date of issue of the LOI and should physically place the trucks at the location as per call ups given by BPCL. 2) Tenderers are advised to carefully scrutinize the specimen set of Agreements and Forms attached with tender documents / downloaded from our website before submitting their tender. 3) When the person signing the tender is not the authorized signatory, necessary original Power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should be produced before signing the agreement, and notarized copy of the power of Attorney of the person authorising should be submitted for the record of BPCL. 4) Failure to execute the agreement and/ or furnish required Security Deposit within 7 (seven) days of issue of LOI may render the tenderer liable for forfeiture of Earnest Money Deposit and termination of contract without prejudice to the rights of BPCL to recover the damages under Law. 5) All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers, Tender Terms & Conditions, Declarations, Agreement and other documents furnished with the Tender and related correspondence shall form part of the contract. 4.8 RESERVATION: 1) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all India basis. 2) The members of SC/ ST desirous of offering the ISO containerized trucks will have to participate in the tenders floated by BPCL. 3) The SC/ST members should fulfil all tender conditions, and will not be eligible for any price preference or relaxation of standards. 4) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Limited Company or Public Limited Company or a Cooperative Society, or any other, should have all the partners or members of private / public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be. 5) A copy of Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be submitted along with tender as proof and for BPCL record purpose. 6) In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender. 7) The registered owner/s of tank-lorries offered/quoted by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of tank-lorries offered / quoted against the particular LOI/ Work Order must also belong to SC.


4.9 MISCELLANEOUS: 1) The tenderer shall ensure that all the tank-lorries quoted / offered for the purpose of Light Diesel Oil (LDO) transportation shall be covered under valid National Permit/ State Permits as applicable for all the destinations at their own cost. 2) Where the loading/ unloading locations are situated and within the same State and sections where axle load restrictions are imposed, they shall supply trucks meeting axle load restrictions. 3) The trucks offered in the contract must comply at all times during the tenure of the contract with valid permits, rules and regulations of Statutory/ Government authorities. 4) BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive. 5) No unsolicited correspondence/ queries will be entertained while the award of the transport contract is under review/ consideration. BPCL regret their inability to answer individual queries. 6) If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the tender/ terminate the transportation contract and reserves all rights and remedies available. 7) Neither the tenderer nor the tank-lorries offered should have been blacklisted by any of the public sector oil companies. 8) The contract is subject to compliance of MV Act, 1988, their provisions and also the State Motor Vehicle Rules, and subsequent notifications / amendments etc., by the tenderer. 9) On frequent shortage complaints, Corporation is free to take action including suspension of tank-lorry for any period or termination of the contract as may be deemed fit. 10) The Transporters to furnish Transporters Legal Liability Insurance Policy against each truck. The policy should cover Riot and Strike clause and should be endorsed to BPCL. 11) Online submission of tender document is a confirmation that the tenderers have fully read and understood the terms and conditions of this tender and have accepted the same in toto. 12) The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat Petroleum Corporation Limited” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors and assigns.


4.10 DUPLICATION OF CLAUSE: Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the clause, which is beneficial to BPCL, will be considered applicable at the time of any dispute. 5.0 GUIDELINES FOR TENDERERS 5.1 GENERAL: 1) This tender is for road transportation of LDO ex Company’s Bijwasan Installation to various customer locations within & outside state. 2) Tenderers shall log on to the e-procurement website https://bpcl.eproc.in and register themselves. 3) The tenderer should download the tender document from e-procurement system on https://bpcl.eproc.in and after carefully reading the same should be uploaded under his /her login ID, as token of acceptance of all terms & conditions therein. 4) The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance. 5) For any further clarification, please contact Territory Manager (I&C), Mumbai at the address given above. For “tender condition clarification and e-bidding process”, a Pre-Bid Meet shall be conducted at 2 pm on 23.09.2009 at the following address: TERRITORY MANAGER (I&C), DELHII 6TH FLOOR, BHARAT PETROLEUM CORPORATION LTD A 5 & 6, SECTOR 01 NOIDA -201301. DISTRICT GAUTAM BUDHA NAGAR (U.P.) TEL NO: 020-2474146, 2474176; FAX NO. 0120-2474380 All eligible tenderers are invited to attend this Pre Bid Meet. 6) Copies of Registration Certificate, route permits, certificate of Fitness, Insurance Certificate etc., enclosed along with Tender Form, shall be attested by a Notary. 7) This tender is in 2-bid system, comprising of Technical Bid and Price Bid. 8) The tender document shall be obtained / applied by the party in its own name as the tender document is not transferable. 9) The tender should be strictly in line with the terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender documents shall be summarily rejected. 10) Counter terms and conditions from the tenderer shall not be accepted. Bids with such counter terms & condition shall be rejected.


11) All documents submitted in physical form should be initialled on each page and signed with seal on the last page. Also, all corrections should be initialled. Overwriting on any tender document shall not be accepted 10) Tender terms and conditions mentioned in the tender should be carefully studied. The online submission of tender by the tenderer under their Login ID is considered as a token of acceptance of the terms and conditions therein. Tenderer should retain a copy of tender document submitted online for his/her reference / record purpose. 5.2 TECHNICAL BID: Submission of Technical Bid: Details of documents to be submitted on-line and in physical form are as under: Sr. No.

Particulars Submission Online Only

Submission of Physical Document Only

1 Tender Document along with Annexure 1 to 5 under tenderer Login ID through e-procurement system on https://bpcl.eproc.in

2 Particulars of Tenderer as per Attachment-1

3 Particulars of Trucks offered as per Attachment-2

4 Tenderer’s Covering Letter as per Attachment-3

5 General Irrevocable Power of Attorney as per Attachment-4

6 Affidavit for Attached trucks on Rs. 100/- Stamp Paper as per Attachment-5

7 Details of relationship with BPCL Directors as per Attachment-6

8 Caste Certificate (wherever applicable) issued by Competent Authority as per format in Attachment-7

9 Undertaking as per format in Attachment-8

10 Declaration by Tenderer as per Attachment-9

11 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card


13 Attested copies of Trading license or Firm’s Registration Certificate.

14 Attested copies of Partnership Deed or Certificate of Incorporation


15 Attested copies of RC Book, Fitness Certificate, Route-Permit & Insurance Certificate of all tank-lorries offered.

16 Tender Fee DD of Rs. 1000/- as per tender Para 2.1 point no. 3

17 EMD DD of Rs. 1, 00,000/- as per tender Para 4.3

5.3 PRICE BID: 1) Tenderer shall submit price bids only online e-bidding through e-procurement system on https://bpcl.eproc.in under their login ID only. 2) On line bidding shall be conducted for the following 3 (three) categories of rates:

Ex Bijwasan Installation To various Customer Locations

Rate

-do- a) Delivery within FDZ* Rs. per KL -do- b) Delivery within State Rs. per KL / RTKM -do- c) Delivery outside State Rs. per KL / RTKM

*FDZ shall be considered as 50 KM radius (100 RTKM) of the location. 3) No physical document with respect to Price Bids should be submitted. In case tenderer submits such physical documents for Price Bids, the same shall not be considered. The tenderers should quote rates for all a), b) & c) above failing which the offer will not be considered. 4) No responsibility will be taken by BPCL for any delay due to connectivity and availability of website. 5.4 No guarantee can be given by BPCL to any definite volume of work, which will be entrusted to transporter. However, the quantities given in schedule are purely indicative without any obligation to the company and cannot be made the subject matter of any claim at any time even if the quantities actually offered for handling during the period of contract are substantially less or more than estimated quantities indicated. ***************************************************************************************************


SCHEDULE: A

RTKM APPLICABLE TO EXISTING LOCATIONS EX BIJWASAN- ESTIMATED QUANTITY & TANK-LORRY REQUIREMENT

LOCATIONS RTKM ex MR, MUMBAI

ESTIMATED TURN AROUND TIME (DAYS)

EXPECTED QTY[MT] PER MONTH

TANK ORRY REQUIREMENT

A B C D E Dadri(NTPC) 180 1 150 Pooh( H.P) 1254 7 36 Yamuna Nagar(Haryana) 450 4 24 Contingency 10% 20

Grand TOTAL

230 3

Notes:

1. The estimated quantity / tank-lorry requirement given in the schedule are only indicative and are subject to change depending upon business requirement / demand for product at these locations.

2. The Company reserves the right to induct additional tank-lorries, if so required, to meet business requirement.

3. In case any new location / customers are added to the list during the tenure of contract, the actual RTKMs to such locations shall be established by the Company and the same shall be applicable for payment of transport bills.


Technical Bid Annexure-1

LDO TRANSPORTATION CONTRACT AGREEMENT THIS AGREEMENT made ______________ day of ________ 2011 between Bharat Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913/1956 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART And M/S_______________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or TRANSPORTER (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Company is engaged in refining Crude oil and storing, distributing and selling of the petroleum products and for this purpose require Tank Lorries for Road transportation of Bulk Bitumen from their various storage points to customers / other storage points. WHEREAS the Carrier is engaged in the business of operating tank-lorries and are interested in above transportation job of the Company. Now therefore, it is agreed between the parties as follows: - TANK-LORRY OFFERED IN CONTRACT: 1.a) The Carrier shall provide the Company with _____ no. of tank-lorries for transporting Bulk Bitumen as per LOI / Work Order issued by the Company. The Carrier affirms that they are the owner and / or sufficiently entitled to operate these tank-lorries throughout the Agreement period and these tank-lorries are not under Agreement with any other party and as such, these Tank Lorries shall remain under exclusive use with the Company throughout the Contract period. (b) Each of the tank-lorry shall be attached to Company’s Bijwasan Installation as per LOI / Work Order issued by the Company The Tank Lorry shall be required to carry Furnace Oil (FO) / Light Diesel Oil (LDO) this locations to Local and / or upcountry customer locations as shall be instructed by the Company from time to time. (c) The carrier defaulting for three consecutive occasions in placement of trucks / refusal to take load to the assigned destination within a period of three calendar months shall attract suspension for a period of three months on Industry basis. (d) Any contracted tank lorry, if found to be taking loads from any other Oil Company without BPCL’s written consent even on ex MI basis during the pendency of the contract, shall be black-listed and warning letters will be issued by the Corporation for the failure.


AGE; CONDITION OF T/LS; T/L FITTINGS 2. (a) The carrier shall ensure that the age of the tank-lorries offered should not exceed 12 (twelve) years during the contractual period. The Company shall have the right to remove tank-lorries attaining the age 12 (twelve) years during the contractual period and the Carrier shall ensure replacement of such tank-lorries with replacement tank-lorry of age less than 12 years within 15 days. (b) The Carrier shall ensure that Tank Lorries in the contract are always maintained in sound mechanical conditions and shall have all fittings as per the standards laid down by the Company from time to time. c) The Carrier shall be responsible for ensuring that all fittings in the tank-lorry shall be ISI marked. Also, each tank-lorry shall carry one portable ISI marked 10 KGs DCP fire extinguisher in an easily accessible position away from the tank-lorry unloading facilities and one portable 1 KG CO2 / DCP / Approved equivalent fire extinguisher in driver’s cabin. The Company shall have the right to ask for additional fittings / equipments in the tank-lorry as per requirement. d). The Carrier shall install the “position tracking system” (for e.g. Global Tracking System) if advised by the Company to track the movement of the tank-lorry in all tank-lorries offered in the contract unconditionally and the cost of such equipment shall be borne by Carrier. The Carrier shall be responsible for safety and maintenance of this equipment and shall ensure that the same is always in working condition. (e) The Carrier shall provide (i) PD Pump for Decantation & Circulation; (ii) sealing arrangement & (iii) proper heating facility in all tank-lorries offered in the contract. STATUTORY PROVISIONS; SAFETY; COMPANY RULES: 3 (a) The carrier shall conform to the statutory regulations like “Indian Petroleum Act”, “Petroleum Rules”, “Motor Vehicle Act” & PUC norms etc. as applicable from time to time. In the event of the contracted tank-lorry is found not meeting these provisions, the company shall be free to initiate appropriate action as deemed fit. (b) The Carrier shall comply with all statutory provisions relating to his trade / business / profession including his own employees or employees engaged by the Carrier and BPCL shall not be responsible for his omission or commission. (c) The Carrier shall ensure that the tank-lorries in contract are covered by Comprehensive Insurance Policy. (d) The carrier shall ensure that following mandatory requirements of the Company are met at all times during the tenure of the contract: i) Additional declarations are made in Emergency Information Panel. ii) All tank-lorries must be fitted with standard type retractable safety seat belts. iii) Bucket type adjustable seats shall be provided for the drivers & cleaner. e) The company reserves the right to take appropriate action as deemed fit, if any of the above safety requirements is not complied by the transporter during the pendency of the contract. f) The Carrier will ensure pasting/ display of advertisements on the Tank-lorry for display of PCL Brands as specified / provided by BPCL on regular basis.


g) The carrier shall ensure that the Crew of the tank-lorries in contract are trained under Motor Vehicle Act and their licences are endorsed by the RTO for having attended the training / refresher courses in transportation of Petroleum Products / Hazardous goods. h) The Carrier shall be responsible for providing: i). Safety helmets/ safety shoes for crew members as specified by BPCL. ii) Uniform for the tank lorry crew members as specified by BPCL at the cost of Carrier. iii) Neat and tidy uniform made of 100% cotton cloth. iv) Minimum wages/ ESI/EPF as per local rules to their employees working under this contract. j) The carrier shall be responsible for following the rules and regulations of the Company in force for himself, his staff and Crew of tank-lorry. k) The Carrier shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government of India as “Protected Places”. The transporter(s) further undertake to strictly abide by the Defence of India Act and Rules. l) The officials of the Company shall be entitled to inspect at any time, the tank-lorries and / or the documents of the Carrier / its crew is liable to carry under any statute / regulation of this Agreement. AVAILABILITY OF T/LS: 4(a) The tank-lorries listed in the LOI / Work Order shall be made available to the Company at all times during the Agreement period at the loading location. (b) If at any time during the currency of this agreement the Carrier fails to transport the product as provided herein and / or fails to perform the various other obligations specified in this agreement, the Corporation may in its discretion and without prejudice to its other rights and remedies engage the services of other Agencies/transporters to perform the obligations and transport the products and in such an event the Transporter(s) undertakes to reimburse the Corporation all the additional expenses incurred by the Corporation in this connection. (c) In the event of breakdown or major repair of any of the tank-lorry under the contract, the Carrier shall provide replacement tank-lorry which the Company at its sole discretion, may accept for the period of break-down / major repair. INDEMNITY 5 (a) The Carrier shall be responsible for all taxes, levies and other costs of running the tank-lorry / transportation business, which shall inter-alia include i) salary / wages etc. of the crew and other employees; ii) payment of road tax, insurance; route permits, iii) cost of fuel, lubricants, tyres, repairs etc & iv) statute or regulation both under regular working and arising from accidents b) Any loss of product, issued on the basis of the requisition slip signed by an authorised representative of the carrier, shall be at the entire risk, cost and expenses of the carrier. If however, through any mistake, inadvertence, lack of prudence or foresight of the Corporation or its installation, any loading of product is undertaken in the truck in the absence of such requisition slips or in respect of any irregularity therein, the same shall not absolve the carrier from liability in respect of transportation of such products and all the provisions contained in this agreement shall also apply to such products so loaded in such tank-lorries.


c) The Carrier shall keep Company indemnified in respect of a) & b) above. In case, Company is made liable to pay any part of above cost, the same shall be recovered from the Carrier. The Company shall not be obliged to contest any claim made upon it for payment. (d) It is agreed that the tank-lorries covered by this Agreement shall operate at the sole risk of the Carrier and in no case, the Company shall be held responsible for any loss or damage done to / by the Tank Lorry while on the Company's work or parked in their premises or anywhere else. e) The Carrier shall indemnify the Corporation against the consequences arising out of their or their employees/ agent’s default or negligence or violation or non adherence to Municipal /State /Central Acts relating to the carriage of goods. Should the Corporation be held liable for any loss, damage or compensation to their parties arising from or in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Transporter(s) to the Corporation together with the cost incurred on any legal proceedings pertaining thereto. The Transporter(s) shall observe and comply with the requirements of the Minimum Wages Act, the ESI Act and all other Industrial/Labour legislations for the time being in force or may later be brought into force governing the relationship between the employer and the employees and also undertake to hold the Corporation indemnified against all claims, payments, losses that Corporation may have to make or suffer on account therefore (f) The Carrier shall make their own arrangement for parking of their vehicle overnight and / or during holidays. RATES / CHARGES / RTKMs / BILLINGS / TOLL CHARGES 6(a) The Company shall pay to the Carrier for the transportation work undertaken from the loading location and at the rates detailed in LOI / Work Order. This rate shall be valid for all roads and weather conditions and are calculated from loading location. (b) The above rates are subject to escalation / de-escalation as per formula given in Annexure-2 (c) (i) The Company shall reimburse the Octrai charges levied on the product to the Carrier against production of original receipts. (ii) Entry / Transit / Bridge / Toll Tax (Pathkar) paid by the Carrier for their tank-lorries while transporting petroleum products under this Contract shall not be reimbursed by the Company. (d) The transport charges payable under this Agreement are based on shortest route approved by the Company on the round trip basis (called RTKM); a list of current RTKMs applicable to storage points where subject tank-lorries are based are available with concerned storage point. The Company shall, however, be entitled to revise these RTKMs from time to time, including retrospectively, which would be binding on the Carrier and the difference in transportation charges arising out of this revision, shall be recoverable / payable from the date of Agreement or effective date of such revision, whichever is later. (e) The procedure for payment of transport bills and reimbursement of octrai charges prevalent in the Company from time to time would be binding on the Carrier. (f) The Company shall not guaranteed any minimum billings / mileage or loads for any period whatsoever and as such, the Company shall not be responsible for their inability in offering any load on any day or during any particular period and no idling charges etc. shall be payable.


(g) The Company shall endeavour to arrange unloading of the tank-lorries within reasonable time. However, no detention charges etc. are payable if, for any reason if such unloading is delayed at the receiving location. (h) The Carrier would provide consignment notes for each consignment loaded on a daily basis to the loading location. (i) The Carrier would provide transportation bill to the base location for the consignment carried during the month, by 10th of the following month. (j) Company reserves the right to use the tank-lorries on their return trip based on Company's own operational convenience / requirement for delivery of petroleum products. Payment in such case would be made only to the extent of any additional distance covered beyond the normal RTKM route for which the movement was undertaken. SECURITY DEPOSIT / BANK GUARANTEE 7(a) The Carrier shall deposit a sum of Rs. 1, 00,000/- (Rupees One Lakh only) by way of DD drawn in the scheduled bank payable at Mumbai in favour of the Company as Security Deposit and Bank Guarantee for Rs.6.5 Lakhs (Rupees Six lakhs Fifty Thousand Only) for a period of 3 ½ years which includes inter alia the full period of the contract including the option period and additional six months for due fulfilment of terms of this Agreement. This sum shall not bear any interest. (b) Company shall be entitled to adjust any sum due to it from the Security Deposit amount and / or any transport / other charges / dues pending for payment to the Carrier against any other contract. The decision of the Company will be final and binding on the Carrier. UTILISATION OF T/LS 8(a) The Carriers will be responsible for loading and discharging of the tank-lorries. All the instructions of the Company with regard to the same shall be binding on the Carrier. (b) Only the Crew of the Tank Lorry and authorized representative of the Carrier shall be allowed entry inside the Company’s loading / unloading locations. QUALITY & QUANTITY 9(a) The Carrier shall be solely responsible for quantity and quality of the products received by him for transportation and acknowledgement by any member of Crew of the tank-lorry or by any other authorized person of the Carrier by way of signing on the Challan or any other Dispatch Document shall be sufficient proof of acceptance of product quantity and quality by the Carrier. (b) If any shortage in quantity and / or variation in quality of product is found at any stage after the tank-lorry leaves the Dispatch/ Storage location, the Carrier shall be responsible for such shortage in quantity and / or variation in quality of product for whatever reason and the Company shall be entitled to recover the cost thereof from the Carrier at the rate as decided by the Company. This shall also apply in the event of accident, robbery, hijacking etc. of tank lorry. (c) In case of variation in quality, Company at its' discretion may dispose-off the contaminated product and recover all expenses / losses and cost of product in this connection as determined by the Company shall be recoverable from the Carrier. This shall be in addition to


and without prejudice to the Company's right of termination of this Agreement as per clause 16. d) If any adulteration/contamination is established, the adulterated/contaminated product will be disposed off at the Corporation’s discretion. All expenses/losses and cost of adulterated/contaminated product in this connection as determined by the Corporation shall be recovered from the transporter. Moreover, no freight payment for such trips will be made to the transporter. In addition to the above, if any deliberate attempt for adulteration/ contamination is established, action shall be initiated by the Corporation as per the Industry Transport Discipline Guidelines. DELIVERY OF PRODUCT 10 a) The carrier and the crew of the tank-lorry shall be fully responsible for correct delivery to the destination and return of all documents of the Company to the despatching location as required / instructed by the Officer of the Company. b) The Carrier shall ensure that the i) tank-lorry delivers the product to the consignee specified; ii) the Crew has the correct delivery documents; iii) The tank-lorry follows the normal / approved route from loading location to receiving location; iv) the tank-lorry maintains average trip-time & v) the crew of the tank-lorry obtains signature with rubber-stamp of recipient on the delivery documents. TRANSIT LOSS: 11 a) The Transporter(s) shall bear the loss of any of the Corporation’s products while in their charge / custody, irrespective of the reason for such loss. The amounts payable to the Corporation on this account and other incidental out-goings suffered by the Corporation shall be deducted from their bills/ adjusted against the Security Deposit. b) The Transporter(s) shall operate their vehicles at entirely their own risk and the Corporation shall in no case be held responsible for any damage done to the vehicles while on the Corporation’s work or when parked in their premises. During the course of transit the goods shall remain at the Transporter’s risk until the vehicle carrying the goods reaches the destination as indicated by the Company. The transporter alone shall be responsible for any accident, damage or loss suffered in respect of the goods during transit. ACCIDENT OF T/L; LOSS OF PRODUCT; TRANSHIPMENT: 12 a) In the event of a tank-lorry containing product meets with an accident en-route to the destination, the Carrier shall immediately inform the Company and .the statutory authorities like Police, CCOE etc. b) The carrier shall ensure security of product at the accident site until the rescue arrives. c) In the event it becomes inevitable for the product in the tank-lorry to be transhipped into another tank-lorry, the carrier shall seek the Company’s permission to do so and arrange for transhipment of product in another tank-lorry arranged by them at their cost and tranship the product in a manner which shall meet safety requirements in order to salvage the product and avoiding spillage of product. d) The carrier shall transport the salvaged product to the despatch / receiving location or to a location as advised by the Company at their cost. The carrier shall be fully responsible for the


quality and quantity of the product and shall be liable for any loss on account of loss / shortage of product which shall be recovered from the Carrier. e) Carrier shall be responsible for any damage or loss caused to the Company’s product or property by negligence or default of its crew, authorized representative or tank-lorry. This will also include confiscation of Company's product delivered to the Carriers by any statutory authorities. SUB-CONTRACTING & CHANGE IN CONSTITUTION OF FIRM /OWNERSHIP OF T/LS IN CONTRACT: 13(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with its right, title and interest under this Agreement for any reason whatsoever, or change the ownership of / their right on the Tank Lorries. (b) The Carrier shall not cause or allow any change in the constitution of its firm without obtaining the prior written consent of the Company. NON PERFORMANCE; FORCE MAJEURE: 14. Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non-performance is occasioned by conditions of the force majeure. The Force Majeure means natural calamities like floods, earthquake and other acts of God and riots, etc. The affected party shall give the notice of occurrence of any such calamities within a period of 24 hours of occurrence of such calamities. The performance of the respective obligations of the parties under this Agreement shall be resumed as soon such calamities, which have resulted in the non-performance, cease to occur. DAMAGES TO CORPORATIONS PROPERTY / EMPLOYEE: 14 a) The Carrier shall remain at all times liable to the Corporation for any loss or damage caused to any building, plant, machinery or the property of the Corporation due to careless, negligent, inexperienced act or default of the Transporter(s), his/their agents, representative or employees. b) The Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the Carrier’s the cost of repairs or the amount of loss or damages. c) The Carrier shall be liable for any loss, any injury to Corporation’s employee/agents due to careless, negligent, inexperienced act or default of the Transporter(s), his/their agents, representatives or employees. BLACKLISTING OF TRANSPORTER/TANK-LORRY: 15. The Corporation reserves the right to black-list the transporter/ trucks which are suspected to be indulging in any sort of malpractices or any other acts not conducive to the interest of the corporation such as misbehaviour, dishonesty, disobedience, pilferage etc as per transport discipline guidelines. Such trucks shall be suspended from the business without giving any reasons and in all such cases no compensation shall be paid to the Carrier.


TENURE OF CONTRACT; TERMINATION 16. a) This Agreement shall be valid for period of two years with effect from 1.10.2011 to 30.09.2013 with an option at the sole discretion of Company to extend the same up to 1 (one) year on same terms and conditions. b) The Company reserves the right to terminate this Agreement by giving 60 days advance notice without being liable to give any reason or pay any compensation. c) The Agreement, terms & conditions of the contract shall be binding on the carrier from the date of intention of award of contract is made to the party irrespective of the fact as to the actual date of execution of this Agreement and Deed. d) Notwithstanding anything to the contrary contained hereinabove, the Company reserves the right to terminate this Agreement forthwith upon or at any time after happening of any of the following: i) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise. ii) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its' partners. iii) If road permits or statutory licenses / permissions granted to Carrier / its tank-lorries by transport or any statutory authorities is cancelled or revoked. iv)If any of the information submitted by the Carrier in the tender is found false at any time. v) Breach of any of the terms or conditions of this Agreement by the Carrier. vi)If the Carrier commits or suffers to be committed any act which in the opinion of the Company whose decision shall be final, is prejudicial to the good name / image of the Company or its’ products or its services. vii) If the Carrier causes disruption in transportation of Bulk bitumen the decision of Company will be final and binding on the Carrier. viii) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, if Company does not exercise this option, the Agreement shall continue as between the Company and surviving / continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit. Company shall account for Security Deposit to the surviving or continuing partners. The death or retirement of any partners shall be notified by the Carriers to the Company in writing within 24 hours of such death or retirement. ix) If the crew of the carrier commits any unsafe act such as rash driving, accident, non adherence to safety guidelines and not using safety/protective equipments etc. within or outside BPCL premises. x) If the Carrier, its proprietor or any partners or tank lorry crew misbehaves (abuse/ threat/ assault/ manhandles) with the consumers/Dealers or with the employee of BPCL. ARBITRATION: 17. All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Company. If such Director (Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other officer of the Company by such Director (Marketing) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Company and may be Shareholder of the Company. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be, on his being transferred or vacating his office or


being unable to act, for any reason, the Director (Marketing) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) or the person designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. JURISDICTION 18. a)The parties hereby agree that the court in city of Delhi alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of anything arising under this Agreement. b) This Agreement covers entire understanding between the parties and no alteration / variation of any of the terms of this Agreement shall be valid unless made with the consent of both the parties and evidenced in writing duly signed by authorized representatives of both the parties. c) All notices and other communications to be given under this Agreement by either party to the other shall unless otherwise specifically agreed be given in writing by Registered Post or hand delivery against acknowledgement to the following addresses of the respective parties. Territory Manager (I&C), Bharat Petroleum Corporation Ltd., 6th Floor, a 5 & 6 NOIda-201301 Dist. Gautam Budha Nagar (U.P), . Name of Carrier,:____________________________ Address, ________ __________ For BPCL: WITNESS: M/s. _____________________ (Authorized Signatory) For CARRIERS WITNESS: M/s. ________________________ (PROP. /PARTNER/DIRECTORS) Self attested passport size recent colour photograph of the Carrier (Authorised Signatories)


Technical Bid Annexure-2 FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD (A) Increase/ decrease in the transportation rate in Paisa per MT per KM will be as per the following formula: Increase / Decrease in 1 litre of HSD RSP at Delhi City in BPC R.P.O. (with following clarifications) --------------------------------------------------------------------------------------------------------- Q x 4 Where Q represents notional capacity of a truck and it is taken as 18 KL and 4 represent distance (4 KM), which a truck can run with 1 lit of HSD (loaded or otherwise) for the purpose of calculations. NOTE: 1) The retail-selling price of HSD as on the date of opening of the tender will be the base price. 2) The escalation / de-escalation of transportation rates will be allowed every month i.e. on 1st January, 1st Feb, 1st March, etc., 3) Escalation / de-escalation shall be applicable as per increase / decrease in RSP (Retail selling price) of HSD, which will be the weighted average of the RSP of PGHSD during immediate previous month, and the new transportation rates arrived at on the above date shall be applicable for subsequent month. 4) Only the increase / decrease in RSP of HSD at Mumbai City in BPC R.P.O. shall be considered and the escalation / de-escalation factor shall apply. (B) FORMULA FOR WORKING OUT ESCALATION / DE-ESCALATION IN TRANSORTATION RATES FOR LOCAL DELIVERIES WITHIN 50 KMs. Increase / decrease in transportation rate: In Rs. Per MT. Increase / decrease in transportation rate in Rs. Per MT, only for local deliveries, shall be increased/ decreased in transportation rate as per (A) above, in Rs. Per MT Per KM X 50 KMs.


Technical Bid Annexure–3

TRANSPORT DISCIPLINE GUIDELINES 1) Transport Agreement: a) All cases of malpractices and adulteration shall be dealt in accordance with the Transport Discipline Guidelines and these guidelines shall form part of Transport Agreement. b) All the clauses of the Transport Agreement enclosed shall be adhered to. c) Transporter shall give an undertaking at the time of agreement with the Company that their tank-lorries are not under agreement with any other Company including Oil companies other than BPC. 2) All incidents of malpractices and adulteration are categorized as under: a) Deliberate attempt. b) Other causes 3) Malpractices: Malpractices will also cover any of the following: a) Tampering with standard fittings of ISO Trucks for pilferage of products b) Diversion from specified route without any valid reasons c) Exceeding trip time 4) Deliberate attempt: a) Truck caught for having indulged in malpractices shall be immediately suspended by location-in-charge. However, an investigation shall be conducted as per the procedure of the Company and approval of the appropriate authority obtained before the tank-lorry is black-listed. b) On investigation, if it is proved that the truck crew alone is responsible for the malpractice/irregularity, then that particular truck alone shall be blacklisted along with the truck crew. However, if the investigation reveals the complicity of the owner of the truck, then the whole contract comprising the trucks belonging to the concerned transporters shall be cancelled and all trucks blacklisted along with the tank-lorry crew. c) The period of blacklisting a truck shall be of two years. However, the decision of lifting ban on the concerned truck shall necessarily be taken who had originally blacklisted the truck. Depending upon the seriousness of the offence, the tank-lorry may be banned permanently. d) A list of all such blacklisted / banned tank-lorries showing their registration nos. along with their Engine and Chassis Nos. shall be prepared and circulated to all Regions and other oil companies so that the trucks banned in one location/oil Company are not engaged by other locations/Oil companies. e) Locations shall maintain records of all such blacklisted/banned tank-lorries with all relevant details in a register and exchange this information with other Oil Companies. 5) Adulteration: In all cases of suspected adulteration of products in truck due to deliberate attempt by transporter/truck crew or due to other causes and their subsequent confirmation by the lab, action against the transporter shall be initiated as under:


a) Disposal of contaminated product shall be as per advice from Quality Control Department. b) Incidental expenses and any other expenses sustained by the Company for disposal of the contaminated product shall also be recovered from the transporter. c) No transportation charges shall be paid for the futile trip to the Dealer/Consumer or Receiving Location as well as for the subsequent trips for delivering the adulterated/ contaminated product to the Company’s nominated location for disposal of the product. d) Action against the transporter for suspension/blacklisting of truck/s or termination of transport contract shall be initiated as stipulated under clause (4) above. 6) Other Causes: a) In all cases of malpractices / irregularities for pilferage of the product where it is difficult to establish deliberate attempt on the part of the transporter/ tank-lorry crew, action stipulated above under Deliberate Attempt, shall be initiated except suspension / blacklisting of truck. However, transporter shall be warned and asked to remove the crew. b) Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be same as that under clause V above. However, in case of accidental contamination, decision for suspension /blacklisting of the tank-lorries shall be based on the investigation report. 7) Health Safety & Environment Requirements: a) All rules / regulations and statutory requirements shall be strictly followed by the transporter and their work force i.e. drivers / cleaners at the work place and on the road while transporting petroleum goods. b) Driver and cleaner shall wear safety belts while driving vehicle on the road. c) No truck shall be plied by the driver without cleaner, either on the road or at any work place. d) The truck crew would not be permitted to enter the location premises without use of the Personal protective equipment i.e. safety shoes, helmet, spectacles (wherever necessary). e) Safety fittings, fitness conditions of vehicles to ply on road shall be checked by the crew of trucks before start. f) Safety procedures for unloading and loading of vehicles at the supply location as well as at the unloading location shall be strictly adhered to. g) It shall be mandatory for all drivers to undergo refresher training course. h) All drivers must have licenses duly endorsed by RTO certifying eligibility for driving hazardous goods, and without above certification shall not drive any vehicle. i) All drivers and cleaners must undergo periodic health check for Blood pressure, sugar & vision. j) No driver shall drive the vehicle under ill health condition.


Technical Bid Annexure-4 (On Non-Judicial Stamp Paper as prescribed in the respective State)

BANK GUARANTEE 1) In consideration of Bharat Petroleum Corporation Limited having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinafter called "The Company" having agreed to exempt M/S ____________________(Hereinafter called "the said Transporter(s)") from the demand under the terms and conditions of an Agreement dated ___________ made between _________________ the Company______________ and the Transporter(s) ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfilment by the said Transporter(s) of the terms and conditions contained in the said Agreement on production of Bank Guarantee for Rs. _________ (Rupees ________________ only), We ____________________(name of Bank) (hereinafter referred to as "Bank") at the request of M/s ______________________ (Transporter) do hereby undertake to pay to the Company an amount not exceeding Rs__________________(Rupees ______________ only) against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Transporter(s) of any of the terms and conditions contained in the said Agreement. 2) We ______________ (name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reasons of breach by the said Transporter(s) of any of the terms and conditions contained in the said agreement or by reason of the Transporter’s failure to perform the said Agreement. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _________________ (Rupees _________________ only). 3) We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the Transporter(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability under this guarantee for payment there under and the Transporter(s) shall have no claim against us for making such payment. 4) We______________ (name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Company under by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Transporter(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before _____________ we shall be discharged from all liabilities under this guarantee thereafter. 5) We _______________________ (name of Bank) further agree with the________________ Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the


said Transporter(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Company against the said Transporter(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Transporter(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Transporter(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us. 6) This guarantee will not be discharged due to the change in the constitution of the Bank or the Transporter(s). 7) We ___________________ (name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing. Dated____________________ day of ____________ 2010. For __________________________ (Indicate name of the Bank)


Technical Bid Annexure-5 (On a non-judicial stamp paper of Rs. 200/-as applicable on date and statute)

INDEMNITY BOND

This Indemnity Bond executed on this ……………. day of …………… Two thousand eight by M/s. …………………………. and having its registered Office at ……………………………………………………… hereinafter called the said Transporter/s (which expression shall mean and include the partner or partners for the time being of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Bharat Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART And M/S _______________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or Transporter (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Corporation has awarded transport contract to the said Carrier for transportation of Bulk Bitumen / Modified Bitumen for the period of 2 years effective from __________ and extendable for another one year at Corporation’s option on the same rates, terms and conditions as per contract agreement signed and WHEREAS the said Transporter has offered ………. Nos. of tank-lorries to the Corporation owned by the said Transporter and ……………No. of tank-lorries attached to their firm but not owned by them and declared under their control as their own. Details of these tank-lorries are given in the list attached to the said transport contract Agreement. AND WHEREAS the Carrier offers the aforesaid number of tank-lorries either owned by them and/or declared by the Carrier claiming as their own or any addition of tank-lorries made subsequent to the award of contract and declared as (either owned directly or attached to the firm). AND WHEREAS the said Carrier has requested the Corporation to accept the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract, offered under the requisition slip of the said Transporter and the said Transporter has agreed to execute this Indemnity Bond. IT IS, therefore, the intent of the Indemnity Bond of M/s._________________ the said Carrier to indemnify and keep indemnified the Corporation as stated hereinafter: 1) The said Transporter hereby agrees and undertakes to abide by all the terms and conditions of the tender and the transport contract agreement and that the said Transporter shall be solely and absolutely responsible and liable with regard to the said tank-lorries and the additional trucks made available subsequent to the award of contract and keep the corporation indemnified against any loss, damage, liability and/or third party


claim, whatsoever, which the Corporation may suffer due to utilisation of the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract, not owned by the said Transporter. 2) M/s. …………………………………., the said Carrier, hereby undertakes to indemnify and keep indemnified the Corporation against all losses, damages and claims of whatsoever nature which may arise against the Corporation by way of utilisation of the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract, due to accident, negligence of the driver / cleaner or other staff of the truck or due to the truck operator getting involved in any criminal act of whatsoever nature and the said Carrier undertakes and hold himself liable and responsible for all these losses, damages and/or liabilities without involving the Corporation therein. 3) M/s. ………………………………… , the said Carrier further undertakes to indemnify and keep the corporation indemnified against all suits, litigations / court proceedings, demands, claims or any action which may arise against the Corporation due to utilisation of the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract. 4) Finally, M/s. …………………………….., the said Carrier undertakes that all the terms and conditions of the tender and transport contract agreement dated………………shall be applicable and the said Transporter shall be liable as per these terms and conditions for the utilisation of the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract, offered to the Corporation in the same manner as if these trucks are owned by the said Transporter. SIGNATURE: ………………………….. NAME: (Signed as Proprietor / Partner / Director) NAME & ADDRESS ………………………….. OF THEIR FIRM …………………………… ……………………………… BEFORE ME PUBLIC NOTARY


Technical bid Attachment-1

PARTICULARS OF THE TENDERER

Category: SC ST GENERAL

(Please tick whichever is applicable)

Sr. No Particulars Please provide information here.

1 Name of Tenderer:

2 a. Registered Office Address:

b. Address for Correspondence:

c. E-mail ID:

3 Contact Details:

Telephone No. :

Mobile No.:

4 Status of Tenderer viz. Individual; Firm (Proprietor; Partnership; Limited etc.)

5 Name/s of Proprietor/Partners/ Directors of the Company:

6 Year of establishment

Registration No.

PAN No.

7 Please provide previous 3 years annual turn-over in Rs. lakhs.

2007-08

2008-09:

2009-10:

2010-11:

8 Whether the tenderer (Proprietor/Partners/ Directors of the Company) are related to (as defined under Companies Act 1956) any of Directors of BPC. If yes, please give details:


9 Whether the tenderer is existing dealer / distributor of BPC. If yes, please give details.

10 Whether the Tenderer has previous transportation experience. If yes, pl provide details as under:

Name of the Oil Company:

Contract Reference No.:

No. of tank-lorries in Contract:

Contract Validity:

11 Whether the Tenderer has ever been black-listed by any Oil Company. If yes, please give details:

Name of the Oil Company:

Year of black-listing:

12 Whether any litigation / court case is pending against the tenderer which may affect the tenderer’s obligation to this contract, if awarded.

13 No. of tank-lorries offered by the tenderer against this tender:

Own tank-lorries:

Attached tank-lorries:

I / We confirm that the information furnished above are true and open for verification at any time.

Name of Authorised Signatory:

Signature of Authorised Signatory:

Date / Place:


Technical Bid Attachment-2

FORM – ‘B’ STATEMENT TO BE FURNISHED BY TENDERER IN REPSECT OF OWN / ATTACHED TANK-LORRIES OFFERED IN THE TENDER (Particulars to be filled by the tenderer) Name of the Tenderer:________________________________________ Sr No. 1 2 3 4 5 T/L Registration No.(as per RC Book)

Date of Registration

Make & Model Own or Attached t/l Engine No. Chassis No. Capacity of t/l Owner’s Name Relationship with the tenderer:

Affidavit furnished by the Owner (Y/N)

Age of t/l ( as on 1.11.2011)

Hypothecation details of the t/l:

Whether the t/l is running in some other contract (Y/N)

Whether the t/l has been black-listed by any Oil Co (Y/N)

1. Please attach an attested photocopy of the RC Book of the each tank-lorry offered, both owned & attached t/ls) in the tender. 2. For attached tank-lorries, an affidavit from the Owner/s of the tank-lorry as per the format provided must be attached in original. 3. The tank-lorries offered should not be more than 12 years old as on 1.10.2011. Moreover, if any t/l offered in this contract completes 12 years, the tenderer must provide a replacement t/l as per the terms of the contract. This is to certify that the details as furnished by us have been verified and found correct. If any information is found to be incorrect, the contract awarded to us shall be liable to be


cancelled by the BPCL and we shall be liable to pay to the Corporation such damages as Corporation may be put to due to termination of the contract. We also undertake that should there be any action against the Corporation on account of award of contract in our favour on the basis of misrepresentation, we shall keep the Corporation completely indemnified against all the losses/damages, litigation, court action etc. This undertaking forms a part of contract agreement. The above certification is true and if subsequently any of above declaration is found false or suppressed, action as deemed fit in respect of the tank-lorry or me as a transporter can be taken by BPCL. Signature: _______________________ (Signed as Proprietor/Partner/Director) Name: _________________________ Name / Seal of the firm: __________________________________ DATE/PLACE: ____________________________________________________


Technical Bid Attachment-3

TENDERER’S COVERING LETTER FROM: M/s. _______________________ _______________________ (Name and Address of the tenderer) To: TERRITORY MANAGER (I&C),DELHI 6TH FLOOR, BHARAT PETROLEUM CORPORATION LTD A 5 & 6, SECTOR 01 NOIDA -201301. DISTRICT GAUTAM BUDHA NAGAR (U.P.) Dear Sir, Sub: LIGHT DIESEL OIL (LDO) TRANSPORT CONTRACT ex BPCL BIJWASAN INSTALLATION. TENDER REF (BPC /I&C/NR/02/LDO/2011) With reference to your subject tender, we confirm having carefully read and understood various conditions / documents supplied with the tender. We confirm having participated in the e-tender and submitted the required documents on-line. We hereby submit the following credential / technical bid documents, duly completed in a sealed envelope as per details given here under: Pl tick “Y – For Document enclosed; N – For Document not enclosed”. Sr. No.

Particulars Attachment

Enclosed

1 Tender Document along with Annexure 1 to 5 under tenderer Login ID through e-procurement system on https://bpcl.eproc.in

2 Particulars of Tenderer as per Attachment-1 3 Particulars of Trucks offered as per Attachment-2

4 Tenderer’s Covering Letter Attachment-3 YES / NO 5 General Irrevocable Power of Attorney Attachment-4 YES / NO 6 Affidavit for Attached Trucks on Rs. 100/- Stamp

Paper. Attachment-5 YES / NO

7 Details of relationship with BPCL Directors. Attachment-6 YES / NO 8 Caste Certificate (wherever applicable) issued by

Competent Authority as per format. Attachment-7 YES / NO

9 Undertaking as per format Attachment-8 YES / NO


10 Declaration by Tenderer Attachment-9 YES / NO 11 Attested acknowledged copy of the latest Income

Tax Return filed and the copy of PAN Card YES / NO


YES / NO

13 Attested copies of Trading license or Company Registration Certificate.

YES / NO

14 Attested copies of Partnership Deed or Certificate of Incorporation

YES / NO

15 Attested copies of R C Book, Fitness Certificate, Route Permit and Insurance Certificate of all tank-lorries offered.

YES / NO

16 Tender Fee DD of Rs. 1000/- as per tender Para 2.1 point no. 3

YES / NO

17 EMD DD of Rs. 1, 00,000/- as per tender Para 4.3

YES / NO

We attach herewith the following DDs: 1. EMD vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1, 00,000 in favour of BPCL, payable at MUMBAI. 2. Tender Fee vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1,000/- in favour of BPCL, payable at MUMBAI. I am / we are authorized to sign this tender as Proprietor or as per Power of Attorney issued by all other Partners / Directors as per Attachment-8. Thanking you, Yours Faithfully, Signature / Seal of the Tenderer: Name and Address of the Tenderer: Place / Date:


Attachment-4

(On Non-Judicial Stamp Paper as prescribed in the respective State)

GENERAL IRREVOCABLE POWER OF ATTORNEY We, the undersigned (1) Shri ________________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/s __________________________ having its registered office at _________________________________ do hereby nominate, authorize and appoint Shri __________________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/s ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and/or complete the tender document of transportation of petroleum products and also other relevant documents required by M/S __________________ Corporation Ltd. (hereinafter called The Company) in respect thereof. ii) To negotiate, enter into correspondence with the Company and do all and everything necessary suitable or proper with regard to the said tender for transportation of petroleum products. iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all and/or any other document, Indemnity Bond etc. required by the Company in connection with the said Transport Contract Agreement. iv) To do all acts, deeds, as may be necessary for and incidental to the execution of proper performance of the said transport contract agreement with BPCL. We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This Power of Attorney shall remain irrevocable till the validity period of our quotation/Transport Contract Agreement / or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand ______________. Signatures Signed, Sealed and delivered by 1) Shri___________________ the within named partners/ 2) Shri___________________ Directors of M/S ______________________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)


Attachment-5 (On Non-Judicial Stamp Paper of Rs. 100/- or as prescribed in the respective State)

AFFIDAVIT

I/We _________________________, S/O Shri _______________________ resident of _______________________________________, do hereby solemnly affirm and declare as under: 1. That, I am / we are the owner/s of the following tank-lorry / tank-lorries: Registration No. Chassis No Engine No. Make / Model i) ii) iii) iv) v) 2. That, the aforementioned tank-lorries are attached and shall remain attached with M/s____________________ (vendor name) till the validity of Transport Contract for Bulk Bitumen / Modified Bitumen if awarded by M/s. Bharat Petroleum Corpn. Ltd, Mumbai in favour of M/s. _____ _______________(vendor name) . 3. That, during the said contract period, M/s. _______________(vendor name) shall have full rights of operating the said tank-lorry / tank-lorries and receiving consideration for such operation. 4. That, I / We also declare that the tank- lorry/tank-lorries mentioned in Item 1) above are not in contract with any other Oil Company. DEPONENT VERIFICATION: Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing has been concealed therein. DEPONENT Verified at ________________ on _____________. Notary Public


Attachment-6

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS Tenderers should furnish following details in the Part A, B or C as applicable, as under: PART – A -Sole Trader PART – B- Partnership PART – C- Company (Private / Public / Co- operative Society)

PART – A (Applicable where Tenderer is Sole Proprietor)

1. Name: 2. Address: Residence: Office: 3. State whether tenderer is related to any of the Director(s) of BPCL YES / NO 4. If answer is ‘YES‘ to Sr. No. 3, State the name of BPCL’s Director and Tenderer’s relationship with him/her.

PART – B (Applicable where the Tenderer is a partnership firm)

1. Name of the partnership firm responding the tender: 2. Address: 3. Name of partners: 4. State whether any of the partner is a Director of BPCL: YES/NO* 5. If “YES” to Sr. No. 4, State the name(s) of BPCL’s Director. 6. State whether any of the partner is related to any of the Director(s) of BPCL: YES/NO 7.If answer is “YES” to Sr. No.6, State the name(s) of BPCL’s Director and the concerned partner’s relationship with him/her.

PART – C (Applicable where the Tenderer is a Public/Private ltd. Co./Co-operative Society) 1. Name of the Company responding to the tender: 2. Address of: (a) Registered Office: (b) Principal Office: 3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society. 4. Names of Directors of the Company/Co-operative Society 5. State whether any of the Director of the Tenderer/Company is a Director of BPCL: Yes/No 6. If answer is ‘Yes’ to Sr. No.5, state the name(s) of the BPCL’s Director. 7. State whether any of the Director of the Tenderer Company is related to any of the Directors of BPCL: Yes/No 8. If ‘Yes’ to (7) state the name(s) of BPCL’s Director & the concerned Director’s (of the tenderer Co.) relationship with him/her. *Strike out whichever is not applicable. DATE / PLACE SIGNATURE OF TENDERER:


Attachment-7

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding the date of the opening for the Tender for transportation of Bulk Bitumen / Modified Bitumen, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer ordinarily resides otherwise than for the purpose of his own education. The enclosed format is to be used for the purpose. ---------------------------------------------------------------------------------------------------------------------------------------------- Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his claim.

FORM OF CASTE CERTIFICATE 1. This is to certify that Shri / SMT / Kumari* son /daughter* of ……………………….of village / town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, The State of Himachal Pr. Act. 1970; the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.) @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978 2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / SMT*…………………………….father / mother of Shri / SMT / Kumari*………………………………in District / Division……………………….of the State / Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..


3. Shri / SMT /Kumari*……………………….and/or his / her* family ordinarily reside(s) in village / town………………… of………………………..District / Division of the State / Union territory of………………………………….. Signature……………………… Place………………………State/Union Territory Date……………………… Designation…………………... (With seal of Office) * Please delete the words, which are not applicable. @ Please quote specific Presidential Order. % Delete the paragraph, which is not applicable. Note: The term ‘ordinarily reside(s) used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950. ** List of authorities empowered to issue Scheduled Caste/Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class Stipendiary Magistrate). 2.Chief Presidency Magistrate /Additional Chief Presidency Magistrate/Presidency Magistrate. 3. Revenue Officers not below the rank of Tehsildar. 4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides. 5. Administrator/Secretary to Administrator/Development Officer (Lakshadweep Islands). ---------------------------------------------------------------------------------------------------------------------------


Attachment-8

UNDERTAKING We, hereby, declare as under: 1. That the tank-lorries offered under contract to BPCL Bijwasan (for LDO transportation) has not been withdrawn from any other contract of BPCL. 2. That the vehicles under reference are not running in contract with any other Oil Company and not attached with any other Contractor/ Distributor and have not been withdrawn without their prior consent. 3. That the subject vehicles are not involved in any litigation other than routine cases of road accident or any violation of Motor Vehicles Act. 4. That neither we as a transporter nor any of our offered tank lorry have been blacklisted so far by any of the Oil Company. We further confirm that; 1. The details as furnished by us correct. We undertake to place the tank-lorries offered in this tender, at the disposal of BPCL in case the contract is awarded in our favour. 2. If any information is found to be false / incorrect, the contract if awarded to us shall be liable to be cancelled and we shall be liable to pay to the Corporation such damages as the Corporation may put to due to termination of the contract. We also undertake that should there be any action against Corporation resulting in damages of whatsoever nature to Corporation on account of award of contract in our favour on the basis of the misrepresentations. 3. We shall keep the Corporation completely indemnified against all the losses / damages, litigations, court action etc. Signature / Name of the Tenderer: ___________________ Name of the Firm: _____________________ Address with seal: ________________________


Attachment-9

DECLARATION ‘A’

We declare that we have complied with and have not violated any clause of the standard Agreement Place: Signature & Seal Date:

DECLARATION ‘B’ We declare that we do not have any employee who is related to any officer of the Corporation / Central / State Government OR We have the following employees working with us who are near relatives of the officers of the Corporation / Central / State Government. Name of the employee; Name & designation of the officer of the Corporation /Central / State Government: 1. ________________________________________________ 2. ________________________________________________ 3. ________________________________________________ 4. ________________________________________________ Place: Signature & Seal Date: Strike off whichever is not applicable.

DECLARATION ‘C’ The Tenderer is required to state whether he is a relative of any Director of our Corporation or the tenderer is a firm in which Director of our Corporation or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of our Corporation is member or Director, (the list of relative(s) for this purpose is given overleaf) Place: Signature & Seal Date: N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent to signing the above declaration and the employee so appointed happen to be near relatives of the Officer of the Corporation/Central/State Government, the Contractor should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Corporation/Central/State Government. (Pl refer to the enclosed list of relatives)


LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The one is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife 5. Daughter (including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife. 21. Sister (including Step Sister) 22. Sister’s Husband

Date post:	10-Nov-2020
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