BHARAT PETROLEUM CORPORATION LIMITED ......Tender No.1000268655 Due Date & Time: 12.12.2016 at 14:00...

Tender No.1000268655 Due Date & Time: 12.12.2016 at 14:00 hrs

SEAL SIGNATURE OF BIDDER Page 1

BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), MUMBAI

4TH FLOOR, OLD ADMIN BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

TEL NO: 022-25533453; 25533429. FAX NO. 022-2554 0486

NOTICE INVITING e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL, MUMBAI (SEWREE) TO ONGC NHAVA BASE.

TENDER NO. CRFQ 1000268655

TENDER NO. BPC/I&C/MUM/04/ONGC BARGE /2016. System no. 18646

Tender Name: e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL,MUMBAI (Sewree) TO ONGC NHAVA BASE.

Tender Reference No. CRFQ No.1000268655

Tender Download Period From 22.11.2016 10:00 hrs to 12.12.2016 14:00 hrs

Bid Submission / Upload closing Date:

12.12.2016 by 2:00 pm

Tender Opening on: 12.12.2016 at 3:00 pm

Period of Contract: Three years

Earnest Money Deposit (EMD)

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

Tender Fees: Rs.1150/- (Rs One thousand one hundred fifty only)

Contact Person

Territory Manager (Indl), Mumbai Phone: 022-25533453 Email: [email protected]

mailto:[email protected]



BHARAT PETROLEUM CORPORATION LTD. TERRITORY MANAGER (I&C), MUMBAI

4TH FLOOR, NORTH BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

Phone Nos. 022-25533453 / 25533429, Fax No.: 022-25540621

TENDER NO. BPC/I&C/MUM/04/ONGC BARGE /2016. System no. 18646

CRFQ 1000268655

NOTICE INVITING e-TENDER OF BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL, MUMBAI (Sewree/Pirpau/MOT) TO ONGC NHAVA

BASE.

Electronic bids (e-tenders) are invited from eligible Bidders, who are willing to undertake the

following:

Bunker Supply of White Oil (HFHSD) by Bunker Barges from BPCL, Mumbai

(Sewree/Pirpau/MOT) to ONGC Nhava Base.

1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender. 2. Please visit our website https://bpcleproc.in for participating in the tender and submit your bid online. For viewing / downloading the tender document, please visit our website https://www.bharatpetroleum.in/tender/view-tenders.aspx 3. The Bid consists of the following documents to be submitted on-line.

a) Credential / Technical Bid (Un-priced) b). Price Bid

4. Tender Document fee of Rs 1150/- (inclusive of Service tax + SB cess) is payable. 5.EMD of Rs.1,00,000.00 is payable. EMD of the unsuccessful tenderers will be refunded within

30 days of finalization of the tender. In case of successful tenderer EMD will be refunded only

after completion of all formalities i.e. signing of agreement and submission of requisite Security

Deposit to the Company.

6. The DD/Pay Order for EMD/Tender Document Fee should be in favour of Bharat Petroleum Corporation Ltd. payable at Mumbai, drawn on any of the Scheduled/ Nationalized Banks.



7. As per order issued by “ Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying tender fees and Earnest Money Deposit. Such bidders must produce a Notarized copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. EM (Part II) certificate, issued by DIC or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises is required for availing exemption from tender fees and EMD. 8. Non- Submission of EMD and Tender Fee or MSE registration certificate, only for those seeking exemption, on or before due date & time of e-tender to the officers mentioned below, shall entail disqualification and their bids cannot be opened in the system. 9. Tenderer is advised to refrain from submitting any false, forged documents, the penalty for which shall be termination and EMD /SD submitted shall be forfeited. 10.Tenderer is also advised to go through the tender documents carefully and understand the terms and conditions completely before bidding. 11. The estimated quantity of work mentioned is only indicative. BPCL does not commit any minimum guaranteed quantity. 12. The online portion of the tender shall have to be submitted through the e-procurement system on https://bpcleproc.in as per details below. 13. It is mandatory for the bidders to submit the following documents “on line” and in physical form “off-line documents” before the due date / time of the bid. The documents in physical form shall be submitted in a sealed envelope* at the following address: Territory Manager (I&C), Mumbai Bharat Petroleum Corporation Ltd, 4th Floor, North Block, BPCL Refinery, Mahul, MUMBAI - 400074.

Sr.

No.

Particulars Submission

Online Only

Submission of

Physical Document Only

1 Tender Document along with Annexure

1 to 6 under Bidder Login ID through e-

procurement

system on https://bpcleproc.in

2 Tender Acceptance Letter as per

Annexure 1

3 Particulars of Barge Offered as per

Annexure 2

https://bpcleproc.in/




4 Particulars of Bidders as per Annexure

3

5 Acceptance of Draft Barge Contract

Agreement by way of signing each page

of the same enclosed as Annexure 4

6 Integrity pact duly signed at Annexure 5

7 SC / ST Certificate as per Annexure 6

8 Attested copies of the Certificate of

Registration of Barge.

9 Attested copy of Certificate of Survey

issued by Maritime Board for Barge.

10 Attested copy of Licence (Form III) for

carriage of petroleum in bulk on water

issued by Mercantile Marine Dept.,

Ministry of Shipping, Govt. of India.

11 Attested copies of the audited balance

sheet/profit and loss account duly

certified by Chartered Accountant with

his membership number clearly

specified in support of the analyzing

parameter of turnover. (for 3 years viz.

2013-14, 2014-15 & 2015-16)

12 Affidavit of Tank Truck in the prescribed

format as placed in Annexure 7

13 Particulars of Tank Truck Offered as per

Annexure 8

14 Valid MSME Certificate, if applicable

15 Bidders Covering Letter listing all

Enclosures as per Format in Attachment

1.

16 Demand Draft Nos.________ dated

________ for Rs. 1,00,000/- drawn on

_______________ (only Scheduled

Bank) in favour of M/s Bharat Petroleum

Corporation Ltd payable at Mumbai

towards Earnest Money Deposit, put in

envelope, or self-attested document

from competent authority as a proof of

exemption in case bidders are registered

under MSE such as EM II certificate in

case of MSE registered parties.

17 Demand Draft No.________ dated

________ for Rs. 1,150/= drawn on

_______________ (only Scheduled



Bank) in favour of M/s Bharat Petroleum

Corporation Ltd payable at Mumbai

towards Tender Fee are put in envelope.

18 Acceptance of General Terms and

Conditions by way of signing each page

of the same is enclosed – Attachment 2.

19 Acceptance of Special Terms and

Conditions, duly signed as a token of

acceptance – Attachment 3.

20 General Irrevocable Power of Attorney

as Attachment 4.

21

Details of relationship with Directors of

BPCL: Declaration A, B and C as per

Attachment 5.

22 Acceptance of Proforma Bank

Guarantee for Security Deposit by way

of signing each page – Attachment 6.

23 Attested copies of Firm’s Registration

Certificate/ Trade License.

24 Attested copies of Partnership Deed or

Certificate of Incorporation.

25 Attested Copies of PAN, PF, ESIC,

Service Tax Regn Certificates

26 Attested copies of Barge documents

(Layout showing Bulk Cargo handling

Facilities including stripping, Certificate

of Registration under Inland Vessel Act

1917, Certificate of Survey issued by

MMB, Latest Calibration Charts duly

certified by IRS/Classification

Society/Naval Architect, License by

Mumbai / JNPT Port Authorities

certifying that the barge is permitted to

ply in harbor with bunker fuels, Pass

Pilot Certificate of the Barge from

Mumbai / JNPT authorities for plying

Barge without pilot, Marine Hull Policy

for the Barge, Cargo Boat License, MMD

Certificate/ Survey certificate from

Maritime Board / approved classified

Society and other authorized bodies for

carriage of petroleum product, as per

rule 33 of Petroleum Rules 1975,



27 Self-Attested Copies of work

order(s)/contract(s)/agreement(s) and

work completion certificates as proof of

similar jobs of carrying liquid POL

products in petroleum barges during last

three years ending 31.03.2016, with any

Public Sector Undertaking/Large

Organization

28 Copy of Income Tax Return for year

2015-16

29 Holiday Listing declaration as per

Attachment 7.

14. Tender is to be submitted online only at https://bpcleproc.in The bids received in any other form shall not be accepted (except documents as specified in the table above which are to be submitted physically before due date and time of tender) 15. Tenders submitted after the due date and time of closing of tender (i.e. after 02.00 pm on 12.12.2016) 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 postal delay in submitting physical documents such as Tender fee, EMD and/or MSE registration certificate. No claims on this account shall be entertained. Bidders are requested to complete the bidding procedure well on time to avoid connectivity problem, if any. 16. The sealed envelope ( with Tender No. super-scribed) containing the EMD, Tender Fee or EM II certificate(only for those seeking exemption) should reach at above office before the due date and time of the tender. 17. The submission of online bid/Tender shall be up to 02:00 pm on 12.12.2016. 18. 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 and shall be advised separately to the tenderer who qualify in the credential / technical bid. 19. The online portion of the tender shall have to be submitted through the e-procurement system on https://bpcleproc.in 20. The tender document with detailed terms and conditions is also available on our website https://www.bharatpetroleum.in/tender/view-tenders.aspx but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in 21. As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Signature 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 bidder. In case any tenderer so desires, he/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd (ETL), at their contact no. in AHMEDABAD: 079-40016868 or Mr. Ajay Nandangi, Mob no: 8433615195 for obtaining




Digital Signature Certificate. HELPDESK NOS FOR BIDDERS ARE OPEN BETWEEN 1000 HRS to 1900 HRS IST (MONDAY – FRIDAY) & 1000 HRS to 1500 HRS IST (SATURDAY) 22. SUBMISSION OF E-BID/E-TENDER DOCUMENTS: Tenderer submitting / uploading tender documents thru digitally signed certificate shall be construed as their complete agreement with the terms and conditions and that they have fully understood the tender documents. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet: i. Tenderers are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest. ii. 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 bid and no other time shall be taken into cognizance. iii. 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. iv. Tenderer 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. v. Bids/Tender 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. vi. Tenderers shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case bidder submits such physical documents for price bids, the same shall not be considered. In case of any clarification pertaining to e-procurement (e-bidding) process, the vendor may contact M/s. E-Procurement Technologies Ltd (ETL), at their contact no. in AHMEDABAD: 079-40016868 or Mr. Ajay Nandangi, Mob no: 8433615195. HELPDESK NOS FOR BIDDERS ARE OPEN BETWEEN 1000 HRS to 1900 HRS IST (MONDAY – FRIDAY) & 1000 HRS to 1500 HRS IST (SATURDAY) 23. For Tender clarification, if any, please feel free to contact the following person on any working day between 9.30 am to 5.00 pm Mr Murali Iyer, Area Manager Contact no 022-25533453 e-mail ID: [email protected]



24 All eligible tenderers are invited to a Pre Bid Meet on 29.11.2016 at 1400 hours at 4 th Floor, North Block, BPCL Refinery, Mahul Mumbai-400074 for clarifications on tender conditions & e-bidding process 25. Please note that Corrigendum / Addendum to this tender, if any, shall be published only on our websites https://www.bharatpetroleum.in/tender/view-tenders.aspx and https://bpcleproc.in 26. BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the tender process. Yours faithfully, For BHARAT PETROLEUM CORPN. LTD., Territory Manager (Indl), Mumbai.



TENDER NO. BPC/I&C/MUM/04/ONGC BARGE/2016 e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM

BPCL, MUMBAI (SEWREE) TO ONGC NHAVA BASE. 1.0 COMPANY INTRODUCTION Bharat Petroleum Corporation Limited (BPCL) is engaged in the business of refining and marketing of petroleum products. This tender seeks to move White Oil (HFHSD) by tank lorry / barge ex Sewree Installation/ Pirpau / MOT to ONGC Nhava Base. 2.0 TENDER NO. BPC/I&C/MUM/04/ONGC BARGE/2016 BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invites Bids through e-tender under Two-Bid System for Bunker supply of White Oil (HFHSD) from Sewree Installation / Pirpau / MOT to ONGC Nhava Base. 2.1 TENDER DOCUMENTS: 1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature 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/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd (ETL), at their contact no. in AHMEDABAD: 079-40016868 or Mr. Ajay Nandangi, Mob no: 8433615195 for obtaining Digital Signature Certificate. 2) The tenderer having valid Digital Signature Certificate and Login ID can download the tender from the website (https://bpcleproc.in). The downloaded documents once read carefully have to be uploaded by the tenderer under their Login ID duly certified with Digital Signature Certificate, in token of acceptance of all tender terms and conditions there-in. 3) Tenderer shall pay Rs. 1,150/- (Rupees One Thousand One Hundred Fifty Only) as Tender Fee by Demand Draft (Non-refundable) drawn on any Scheduled Bank / Nationalised Bank payable at Mumbai in favour of M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the EMD, EM II certificate (if applicable) should reach at above address before due date and time of tender. 4) The tender documents can also be downloaded from BPCL website, http://bharatpetroleum.in/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in




5) As per order issued by “ Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying tender fees and Earnest Money Deposit. Such bidders must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. EM (Part II) certificate, issued by DIC or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises is required for availing exemption from tender fees and EMD.

PLEASE NOTE THAT BIDS SHALL NOT BE OPENED ONLINE FOR BIDDERS WHO DO

NOT SUBMIT TENDER FEE / EMD / OR EM II CERTIFICATE ( IN CASE OF MSME

(BIDDERS) BEFORE DUE DATE / TIME.

2.2 RATE SCHEDULE / ESTIMATED QUANTITY: a) Lowest rate for transportation of White Oil (HFHSD) by tank lorry / barge from Sewree

Installation / Pirpau / MOTto ONGC, Nhava Base. b) The quantity estimated to be transported during the three year contract period is

180000 KLs. c) BPCL does not guarantee any minimum business and the estimated quantity mentioned

above is only indicative and are subject to change depending upon business requirement / demand for product at the customer locations.

2.3 EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per tender by Demand Draft drawn on any Scheduled/Nationalised Bank payable at MUMBAI 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 in the table in Para 13 above. Bids received in system without EMD in physical form shall not be opened in system and be rejected. 2.4 SUBMISSION OF TENDER: 1) The Tenderer should download the tender document from e-procurement system on https://bpcleproc.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 at https://bpcleproc.in

a. Credential / Technical Bid (Un-priced) b. Price Bid

3) Additionally, it is also mandatory for the tenderer to submit the DD/Pay Order for EMD/Tender Fee and EM II certificate (if applicable) inserted in envelope. The envelope is to be sealed and super scribed with the Tender No. and words EMD/TENDER FEE and to drop in the tender box kept at the address given above, before due date of tender. Scanned



copy of DD’s for tender fee and EMD should also be uploaded and physical instruments submitted as mentioned in point 13 of NIT 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 12.12.2016. 5) Offers may be submitted by:

i. Proprietorship firms / Individuals who are Indian citizens, who have attained the age of majority; or

ii. partnership firm consisting of Indian citizens; or iii. Co-operative society of which all the members are Indian citizens; or iv. Company duly registered under the Companies Act, 1956 provided they comply

with the conditions contained hereinafter. 6) Firms having Partners /Directors / Proprietor who has been convicted in criminal cases or blacklisted or Action for

i. Termination of Contract ii. Withdrawal of LOI / Work Order have been taken for malpractices while

undertaking transportation job, by any of the PSU Oil Companies are not eligible to submit their offers.

2.6 Minimum Qualification Criteria

Bidders must meet the below minimum qualification criteria of the tender:

1. One self-propelled barge fully owned by the Bidder, of minimum storage capacity of 1300 KL and having a minimum pumping capacity of 100 KL per hour. The barges offered shall have a Certificate of Registration under Inland Vessel Act 1917 (including all latest amendments) and a Certificate of Survey issued by MMB.

2. The average Annual financial turnover of the Bidder during the last 3 years ending 31st March

2016 shall be at least Rs. 52.67 lakh per year. Bidder shall also submit audited balance sheets and profit and loss account for last three financial years.

3. The bidder shall offer minimum 20 (Twenty ) nos. tank trucks either owned or attached for carrying product from BPC terminal (Sewree) to Barge loading jetty at Mumbai Docks. The trucks must have valid RC/Fitness/Insurance/PUC/valid license from Petroleum Explosives Safety Organization (PESO). The age of tank trucks should not exceed seven years on the effective date of tender.

The Bidder can offer more number of barges than the minimum requirement of one (01) owned

as mentioned above.

To meet the minimum qualification Criteria, the following documents need to be submitted online:

a. Attested copy of valid Certificate of Registration under Inland Vessel Act 1917. b. Attested copy of valid Certificate of Survey issued by MMB.



c. Attested copy of valid Marine HULL Policy. d. License to carry liquid petroleum – barges should have valid license to carry petroleum

products in bulk by water, issued by Mercantile Marine Dept. Ministry of Shipping, Govt. of India.

e. Affidavit of Tank Truck in the prescribed format as placed in Annexure 7 f. Particulars of Tank Truck Offered as per Annexure 8. g. Attested copies of the audited Balance sheet/profit and loss account duly certified by a

Chartered Accountant with his membership number clearly specified in support of analyzing the parameter of turnover. (for 3 years viz 2013-14, 2014-15 & 2015-16).

2.6.1 SIGNING OF AGREEMENT / INTEGRITY PACT: Each successful tenderer will have to sign the Agreement as per the draft attached as Annexure-1 and the Integrity Pact, as per the draft attached as Annexure-2, along with this tender document. The period of agreement with successful tenderer would be 3 (three) years from the date of issuance of LOI/award of contract. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per clause 17 of the Contract Agreement. 2.6.2 SIGNING OF INTEGRITY PACT: The tender document must be accompanied with the Integrity Pact (IP) duly signed by the tenderer as per Annexure-2 a) The Proforma of Integrity Pact shall be returned by the bidder/s along with the tender

documents duly signed by the same signatory who is authorized to sign the tender documents. All the page of the Integrity Pact shall be duly signed. Tenderer’s failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b) If the Tenderer has been disqualified from the tender process prior to the award of the

contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Tenderer Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

c) If the contract has been terminated accordingly to the provisions of the Integrity Pact, or if

BPCL is entitled to terminate the contract accordingly to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact.

d) Tenderer may raise disputes/complaints, if any, with the nominated Independent External

Monitor. The name/address/contact numbers of Independent External Monitor (IEM) appointed to oversee implementation is given below :

Shri Shantanu Consul No 9 MCHS (IAS Officers Colony) 16th Main BTM 2nd stage, Bangalore – 560076



Mobile no 9740069318 e-mail ID [email protected]

2.7 LOCAL OFFICE & CONTACT DETAILS / e-MAIL IDs:

All tenderers shall be required to have a Contact Office at loading location for convenience of day-to-day operations. If any tenderer does not have a local office, they shall provide a local office within fifteen (15) days of the date of issuance of LOI and the address of the same should be submitted by the tenderer to BPCL before the contract agreement is signed. All tenderers shall also provide their valid e-mail IDs for ease of communication in addition to their office address, contact numbers (phone; mobile, fax etc.). Any change in the address shall be promptly communicated to BPCL by the bidder. Generally, the regular / routine and day-to-day operational communications shall be made on the e-mail IDs provided by the bidders. 2.8 RESERVATION:

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 barges / tank-lorries 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. 8) (a) 1. In line with “Public Procurement policy for Micro and Small Enterprises (MSEs) order 2012”, 20% of the total quantity shall be earmarked for procurement from MSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarked for procurement from MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs. Provided that, in the event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L-1 price, 4 % sub-target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from other Micro and Small Enterprises.




(b) 2. The above provision will be subject to MSEs quoting price within price band (L-1+15%); i.e. L-1 plus 15% and bringing down their price to L-1 in a situation where the L-1 price is from someone other than an MSEs. In case of more than one such MSEs, the supply shall be shared proportionately from the MSEs party. Necessary certificate issued by Authorized body under the Ministry of Micro, Small & Medium Enterprises shall be valid as on the date of opening of the tender. All the technical specifications / techno commercial terms and conditions and the pre qualification criteria are also to be fulfilled by the MSEs. In the event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L-1 price, the total quantity shall be given to non MSE L-1 bidder. Clarifications if any, on this matter is to be obtained from our office. (C) In case of situation (B-1) and (B-2) above, bifurcating of 20% quantity; will be allocated out of 100% of the tendered qty. In such a situation, BPCL shall place two separate POs (one P. O. each on L-1, “Non-MSE-Vendor‟ for 80% of the tendered quantity and another P. O. on “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for the remaining 20% of the tendered quantity). In case of more than one “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; the supply shall be shared proportionately from the earmarked quantity, as described in (B-2) above. In such a situation additional POs shall be placed by BPCL. Further, it is also to be noted that in case of MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs, BPCL shall place an additional P.O. on “MSE-SC-ST‟. However, qualifying terms and conditions for placement of P.O. and the quantity allocation shall be as described in (B-1) and (B-2) above. It is to be noted that choice of delivery locations will not be given to MSE party allocated 20 % of the tendered quantity vide purchase preference clause. 2.9 TENDER OPENING: 1) The due date and time of opening of tender documents (technical documents submitted in e-bidding) is as specified in NIT, which is 12.12.2016 at 03.00 pm at the following address: Office of Territory Manager (I&C), Mumbai Bharat Petroleum Corporation Ltd, 4th Floor, North Block, BPCL Refinery, Mahul, MUMBAI- 400074 2) Envelope with Tender Fee, EMD, EM II certificate (if applicable) received late for whatever reasons / submitted at the wrong address / in open condition / incomplete in any other respect will not be considered. 3) The tenderer can also witness the tender opening through e-procurement (e-bid) system on https://bpcleproc.in IMPORTANT: a. It is mandatory that, before closure of the tender at 02:00 pm on 12.12.2016, the tenderer should submit the envelope containing Tender Fee, EMD in physical form as specified under Para 13 of NIT above.



b. Tenderer shall submit Price Bids only through e-bidding and no physical documents shall be submitted. c. All revision, clarification, corrigendum, addenda, time extension, cancellation etc, if any, shall be posted on https://bpcleproc.in only. Bidder should regularly visit this website to keep themselves updated. 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://bpcleproc.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. 2.11 HOLIDAY LISTING:

Bidders should submit a declaration (on the bidders letter head as per Attachment 7 ) to the

effect that they are not currently serving any Holiday Listing orders issued by BPCL/MOPNG

debarring them from carrying on business dealing with BPCL/MOPNG or serving a banning

order by another Oil PSE.

Offers/Bid not accompanied with a declaration shall be incorporated in rejection criteria.

The guideline and procedure for Holiday Listing are available separately in BPCL website and

shall be available in the context of all Bids floated and consequently all

orders/contracts/purchase orders. It can be accessed using the following link:

https://bharatpetroleum.com/images/files/holidaylistingpolicyfinal.pdf

SCOPE OF WORK: 3.1 DESCRIPTION OF WORK, LOCATION & PERIOD OF CONTRACT: 1) BPCL invites the eligible tenderers to participate in this e-tender bunker supply of HFHSD by tank lorry / barge from Sewree Installation/Pirpau/MOT to ONGC Nhava base. 2) The period of contract shall initially be for a period of 3 (three) years effective from the date of issue of LOI/award of contract.


https://bharatpetroleum.com/images/files/holidaylistingpolicyfinal.pdf



The interested bidders will carry out the bunker supply of White Oil HFHSD by barge which will be executed following either or both of the options mentioned below:

i. Receipt of product ex BPCL Pipeline from Pirpau Jetty/ MOT or any other Jetty

in Mumbai into Barge, and bunker supply by Barge to ONGC Nhava base.

ii. Receipt of product at BPCL, Sewree into tank trucks, transporting to Mallet Bunder or any other Dock/Jetty in Mumbai, unloading of product into Barge, and bunker supply by Barge to ONGC Nhava base.

a. The barge should be fully equipped to receive, transport and unload HFHSD from barge to storage tanks / vessel.

b. The Barge Contractor shall arrange for all necessary clearance/permission from port etc and complete the necessary formalities including coordination for the shipping bill for supply of HFHSD to ONGC storage tanks.

c. The Barge Contractor will closely coordinate with all agencies including BPCL, Marine Dept., Vessel Agent, Port etc and accordingly plan for timely Bunker Delivery.

d. BPCL will inform the Barge Contractor to position the barge for supplying the product for bunker. The Barge Contractor will keep the barge ready in all respect to receive the product and delivery to the storage tank / vessel on time. The Barge Contractor will inform the Terminal Manager the tentative time and readiness of the barge and also the name of the jetty where the Barge is scheduled to berth. Pipeline/TT unloading operation must be supervised by the Barge Contractor, as the quantity arrived basis mother / shore tanks dips will be taken as the final quantity delivered to the barge. The Barge Contractor will sign the BDR.

e. Tank Trucks to be placed by the Barge Contractor at Mumbai (Sewree) for loading of barge through tank truck. In case of any loss in transit, the same shall be recovered from the Barge Contractors running bills. Necessary Documentation for tank lorry receipts including time sheets should be completed by the Barge Contractor and the same should be handed over to BPCL representative.

f. Sampling during unloading at ONGC Nhava : Barge contractor is required to carry sampling equipment like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipment needs to be fixed at the pipeline manifold in co-ordination with tank farm representatives & sample to be collected in to cubitainer during the entire duration of loading of barge, which in turn is to be transferred to three bottles. One duly labelled, signed, numbered bottle to be given to tank farm representative for their record & two are to be taken back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of loading of barge. This sample retained by BPCL will be used in event of any quality complaint by ONGC, and if the sample passes the test parameters, any claims arising out of such quality complaint by ONGC shall be recoverable from the Barge Contractor.



g. Barge Contractor to supply all equipment, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge to be equipped with suitable hoses. The hoses shall have the maximum permissible pressure rating and date of last pressure test clearly and indelibly indicated on them by a testing facility recognised by the competent authority. The barge should always carry valid test certificate as per approved authorities for the hoses used for bunkering operation, as per manufacturers’ recommendation. But not exceeding one year. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of unloading the product from TT’s and receiving the product through pipeline and also at the time of delivery to ONGC. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

h. Barge contractor to work closely with BPCL Custom House Agents for all necessary formalities from Port/Customs connected with supply to ONGC. Also liaise with ONGC personnel for the safe mooring of barges at Nhava jetty & necessary permissions from ONGC officials for commencement and completion of bunker including hose connection and disconnections at jetty end. Barge should also be provided with adequate fenders and other arrangements as per safety requirement for safe mooring at jetty end. Barges must be kept clean at all times. Paint work on deck and deck pipelines must be maintained at all times. The bunker barge shall be fitted with adequate safe lighting to cover the area of the bunker tanker, manifold connection and hose handling equipment. Barge operator shall collect details of information from ONGC officials in advance for hassle free bunkering.

i. Barge contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring at vessel end, verification of quantity & seal numbers jointly with Surveyors/ vessel representative, handing over all documents to ONGC officials, Connection/Disconnection of Hoses, Complete pre-bunkering & pre bunkering safety check lists with vessel representative, obtain permission from BPCL custom House Agent/ vessel before pumping, Connect drip sampler at vessel manifold that connects the shore tanks & hand over sample bottles, Monitor bunker supply/loading operations including maintain the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by ONGC officials or their representatives & submit acknowledged copies of documents along with sealed sample to BPCL representative.

j. Ensure acknowledgements of all documentations pertaining to coastal bunkers (duty paid) including obtaining of Signature & stamp of ONGC officials or their representatives in BDN, Shipping Bill, ARE1, MSDS, QC certificate, Pre Bunkering, Pre-bunkering Safety & Post Bunkering check lists, Survey Report, Customer Feedback form & vessel Sample Documentations. Also arrange to collect product samples duly labelled and signed by ONGC officials or their representatives.

k. Sampling at ONGC Nhava end:- Barge contractor is required to carry sampling equipment like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipment needs to be fixed at the jetty manifold in co-ordination with ONGC representatives & sample to be collected in to cubitainer during the entire duration of bunker supply, which in turn is to be transferred to three bottles. One duly labelled, signed, numbered bottle to be given to ONGC for their record & two are to be taken back



for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of delivery.

l. The Barge contractor shall check each consignment received from Loading Points in the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc. if any, to the BPCL officer in charge of loading. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc. occurs after HFHSD is handed over to the contractor, he/she shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the contractors bills /Security Deposit without prejudice to BPCL’s right to claim balance amount, if any from contractor.

m. Compliance of Safety, Fire Protection and Environmental Protection shall be the responsibility of the contractor. Clearances required from the Mercantile Marine Department (MMD), License from Mumbai / JNPT Port Trust, Explosives Department (PESO) and Pollution Control Board (if any) shall be taken by the contractor. It will be the responsibility of the contractor to obtain at his cost all clearances or sanctions required from Statutory Bodies well in advance. Any damage, demurrage, or any losses arising direct or consequential on account of lapses in this regard shall be to Contractor’s account.

n. Barge operators shall take due diligence to avoid any spillage of oil into the sea/docks/harbour/river area. In the event of any penalty on account of spillage of oil / pollution due to the fault of the barge / negligence of barge personnel, the barge operator/s shall be responsible to settle the claims with the concerned statutory authorities. Any delay / detention of the barge on account of pollution caused by the barge personnel/ contractor/s shall be borne by the barge operator.

3.2 PARTICIPATION: (i) Tenderers are requested to view / download the tender document from the website https://www.bharatpetroleum.in/tender/view-tenders.aspx or https://bpcleproc.in and go through the same carefully. 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:

http://www.bharatpetroleum.in/tender/view-tenders.aspx



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 such as NRL, BORL 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 self-propelled barge of minimum 1300 KL capacity with minimum pumping rate of 100 KL/hour, which should be owned by the tenderer (i.e. in firm / Partner / Director/ Proprietor’s name). 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. 5) 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. 6) Rates quoted would be valid and binding on the tenderer for 180 days from the date of opening 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. 7) BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to: a. Negotiate with any or all tenderer/s b. Distribute the work among tenderer(s) c. Reject any or all tenders either in full or in part 8) 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. 9) 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. 10) Incomplete or conditional offer and those with counter condition to the prescribed terms and condition of the tender documents are liable to be rejected. 11) The age of the vehicles offered and taken in the contract shall not exceed 07 (seven) years as on date of opening of tender. In case the trucks offered by the tenderer attain the age of 08 (eight) years during the currency of the contract, the tenderer is bound to replace such trucks within 15 days of such occurrence.



12) The estimated quantity to be delivered given in tender document is indicative and is subject to change. 14) 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. 15) The tank-lorries quoted in the tender should have all valid documents such as registration certificates, fitness certificate, calibration 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. 16) Public Carrier Vehicle Operators (PCVOs) /Tank Lorries blacklisted by any of the Oil companies are not eligible to participate in the tender. Further the following is applicable:

The documents of the tank lorry/lorries offered shall be liable for verifications. If forged

documents are submitted or any information is found to be incorrect, the tender shall be

rejected and if the contract is awarded and detected subsequent to award of contract, the

contract shall be liable to be terminated and BPC shall be entitled to recover such damages

/ losses / claims / etc. as the BPCL may undergo.

17) Tenderer/his or her authorised representative may witness the opening of tender on the

scheduled date and time.

19) The company shall reimburse levies like octroi; entry tax; toll / Bridge charges etc. incurred

by the transporter on actual basis while transporting the petroleum products under this contract

on production of original receipts.

20) The bidder who wish to get exemption from paying tender fees / EMD under MSE

Registration, shall submit a copy of Registration certificate / Entrepreneur/s Memorandum part II (EM-II) certificate to avail benefit of excluding from paying tender fee / EMD. 4.2 INSTRUCTION TO BIDDERS: 1. Tenderers are requested to study the tender documents/Annexures carefully and

understand the requirement, conditions etc. Before quoting. Offers should be strictly in accordance with the tender terms and conditions.

2. No deletion or overwriting in the documents is permitted. Corrections, if any, should be attested under the full signature of the bidder.

3. Tender submitted after the due date and that not in conformity with the prescribed terms and condition and specification are liable to be rejected. BPCL shall take no responsibility for documents received after last date due to delay or any other reason and no claims on this account shall be entertained

4.3 EVALUATION / RANKING OF THE BIDDERS:

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:



a) One self-propelled barge fully owned by the Bidder, of minimum storage capacity of 1300 KL and having a minimum pumping capacity of 100 KL per hour. The barges offered shall have a Certificate of Registration under Inland Vessel Act 1917 (including all latest amendments) and a Certificate of Survey issued by MMB.

b) The average Annual financial turnover of the Bidder during the last 3 years ending 31st March

2016 shall be at least Rs. 52.67 lakh per year. Bidder shall also submit audited balance sheets and profit and loss account for last three financial years.

c) The bidder shall offer minimum 20 (Twenty ) nos. tank trucks either owned or attached for carrying product from BPC terminal (Sewree) to Barge loading jetty at Mumbai Docks. The trucks must have valid RC/Fitness/Insurance/PUC/valid license from Petroleum Explosives Safety Organization (PESO). The age of tank trucks should not exceed seven years on the effective date of tender.

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. 4) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s experience with them on their past performance. 5) Tenderers will be listed in ascending order as per their ranking with minimum financial outgo to BPCL will be ranked L-1. Tenderer with 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.

a. In case of same price being quoted by two or more Bidders, the work will be allotted proportionately.

b. In view of the critical nature of transportation of White Oils (HFHSD) by Barges, BPCL wishes to negotiate and award jobs to other than L1 even if the entire requirement is fully met by L1. Hence, the Corporation may decide at its sole discretion to distribute the quantities amongst the technically and commercially acceptable L2 vendors, subject to their matching the finalized L1 rates. In such situations the allocation would be L1 – 70%, L2 – 30%.

4.4 Negotiations:

The Corporation reserves the right to:

a. Negotiate with L1 Bidders (lowest quote). b. The Corporation reserves the right to negotiate with bidder (s) as per the ranking

mentioned in the evaluation criteria. Negotiation would be carried out first with the L2 Bidder to match the L1 rates, and then with the L3 bidder. If the L2 or L3 bidder is not willing to match the L1 rates, then negotiations would be held with the L4 bidder to match the L1 rates and so on. Based on the final negotiations, thus carried out, the job will be awarded as mentioned in para 4.3 sub clause 5 (b) above.

c. No bidder shall be allowed to counter offer rates lower than the L1 rate. d. Any offer received from the bidder without being asked by the Corporation shall be

treated as unsolicited offer from bidder and same shall be rejected summarily.



Similarly, any offer received after due date and time stipulated by Corporation, shall not be considered.

e. As per Govt. guidelines, there is a reservation of 15 % for SC & 7.5 % for ST category. Volumes for bidders under SC/ST category shall be limited to the aforesaid no. as per Govt. guidelines provided such bidders match the established L1 rate.

4.5 SECURITY DEPOSIT (SD):

1 Successful tenderers will be required to furnish Bank Guarantee (BG) for Rs 25,00,000/- (rupees twenty five lakhs only) within 15 days of issuance of LOI/award of contract. Successful tenderer is required to submit a Bank Guarantee strictly as per Attachment 6 within 15 (Fifteen) days of issuance of LOI valid for a period of 3 years and 6 months.

2 EMD can be converted as part of Security Deposit by successful bidders.

3 Any loss/claim and or/damage arising out of performance of the contract would be adjustable against the SD. Any loss/claim/damage higher than the SD will be recovered from the payments due to the contractor under this contract or deposit made by or payments due to the contractor under any other contract with BPCL.

4 Interest is not payable on SD.

5 Security deposit would be refunded after six months of expiry of the contract on

written request from the bidder and with surrendering of the original 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 bidder

furnishes an Indemnity Bond in the prescribed proforma, on non-judicial stamp paper

of appropriate value (at bidder’s cost), duly notarized.

6 Successful tenderer will be entrusted with transportation work only after signing of Agreement and payment of Security Deposit amount.

4.6 VERIFICATION OF ORIGINAL DOCUMENTS:

Bidders through their authorized representatives may bring their original documents for verification to Corporation as per the communication from us. Time period given by respective office for submission of any documents will be treated as final and non-submission of the same may lead to rejection of the bidder. Decision of Committee in respect of the same will be treated as final. Bidders to report on specified date and time as per the above communication.



Annexure 1 Tender Acceptance Letter

(To be given by Bidder on Letter Head) To, The Territory Manager ___________________ ___________________ ___________________ Subject: Acceptance of Terms and Conditions of Tender

Name of the Tender: (TENDER NO.- CRFQ 1000268655) - e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL , MUMBAI (Pirpau/Sewree/MOT) TO ONGC NHAVA BASE.

Dear Sir,

1. I/We have downloaded / obtained the tender document(s) for the above mentioned ‘Tender’ as the web site(s) namely:

as per your advertisement, given in the above mentioned website(s).

2. I /We hereby certify that I / we have read the entire terms and conditions of the tender documents from Page No.______ to _________ (including all documents like Annexure(s), schedule(s), attachment(s) etc.), which form part of the contract agreement and I/We shall abide hereby by the terms and conditions / clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organization too have been taken into consideration, while submitting the Acceptance Letter.

4. I / We unconditionally accept the tender conditions of the above mentioned tender document(s)/ corrigendum(s) in its totality / entirety.



5. I /We do hereby declare that our Firm/Company has not been blacklisted / debarred by any Government Department / Public Sector Undertaking.

6. I / We certify that all information furnished by our Firm/Company is true & correct and in the event that the information is found to be incorrect / untrue or found violated, then your department/organization shall without giving any notice or reason therefore or summarily reject the bid or terminate the contract, without prejudice to any rights or remedy including the forfeiture of the full said earnest money deposit absolutely.

Yours Faithfully,

(Name and Signature of Authorized Signatory with Seal)

Full Name

Address

Tel No.

Date :



Annexure 2

DETAILS OF BARGES OFFERED FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) FROM

BPCL, MUMBAI (Pirpau/Sewree/MOT) TO ONGC Nhava.

1. Number of barges offered :__________ 2. Details of barges offered for contract. Extra Sheet to be attached for more than

one barge duly signed.

No Item Barge Particulars

1 Name of the Barge

2 Capacity of Barge (DWT)

3 Operating Capacity of Barge in MT

4 Registration Number

5 Registration Authority

6 Owner of the barge

7 Whether Owned or Leased

8 If leased, please mention period of lease

9 Year Built

10 Builder

11

MMD Certification:

(a) License No.: (b) Valid up to: (c) Valid for Petroleum Classes

12 Harbour Craft Rules issued by whom and validity

13 Gross Registered Tonnage

14 LOA in meters

15 Breadth in meters

16 Fully loaded draft in meters

17 Air Draft

18 Group of tanks (Nos)

19 No. of cargo tanks with capacity of each tank

20 Slope tank capacity

21 No. of ballast tanks

22 No. of cargo pumps

23 No. of stripping pumps with capacity

24 Pumping rate (MT/HR)

25 Receiving rate (MT/HR)

26 Size of manifold connection in mm

27 Speed of barge in nautical miles per hours

(a) In fully loaded condition (b) In ballast condition

28 Type of Fuel Consumption (Fuel Oil / Diesel Oil) &

Hourly consumption during voyage



29 Valid Calibration Certificate

30 Details of Insurance & validity

There is a minimum requirement for one owned Bunker Barge; however there is no restriction

on the number of Barges offered, either Owned/Attached.

If any of the above barges offered are out of service for any reason, Bidder shall provide a

substitute barge subject to acceptance by Bharat Petroleum Corporation Limited.

The successful Bidder shall position the barges physically at Mumbai along with all valid

permission for inspection within 7 days of issuance of LOI/PO. BPCL reserves right to cancel

LOI/ forfeit EMD and SD, and opt for alternate actions if above is not completed.

Full Name:

(Signed as Proprietor/Partner/Director)



Annexure 3

PARTICULARS OF BIDDER

CATEGORY : SC / ST / GEN (Tick one) 1. Name of the Firm of Bidder : _________________________ 2. (a) Regd. Office address of the Bidder : _________________________ (b) Address for Correspondence : _________________________ 3. Phone No. (With STD code) : _________________________ 4. Fax No. : _________________________ 5. Mobile No. :__________________________ 6. E-Mail address :____________________________ 7. Status of the Tenderer (Individual, Proprietor, Partnership, Limited Company,

Co-operative Society, Others-pls. specify) 8. REGISTRATION NO.: (CERTIFICATE ATTACHED) 9. SOLVENCY CERTIFICATE NO. (CERTIFICATE ATTACHED) 10. PAST EXPERIENCE OF SIMILAR NATURE OF JOB HANDLED FOR LAST 3

YEARS. 11. MANPOWER PROFILE OF THE TENDERER:

NO NAME OF THE PERSON QUALIFICATION AGE EXPERIENCE

12. Year of Establishment : ___________________________ 13. PF Registration No. (Copy attached) :___________________________ 14. ESI Registration No. (Copy attached):____________________________



Annexure 3 (Cont’d)

PARTICULARS OF BIDDER

15. Permanent Income Tax No.(PAN) :__________________________ (copy attached) 16. Income Tax Clearance :__________________________ Certificate for last year (2015-16)

(Copy attached)

17. Service Tax Registration No. :__________________________ (Copy attached) 18. Name & Address of the Proprietor/Partners: ____________________ or Directors (wherever applicable) 19. a) Name of Bankers with full address:___________________________ b) Style of Account and A/C No. :_______________________________ 20. Whether Tenderer, Prop. or any of the Partners / Directors are related (as __________________________ defined under Company’s Act 1956) __________________________ to any of Directors of Company to __________________________

which tender is being submitted. If __________________________ so, name of Director of Oil Company____________________________ and nature of relationship. __________________________

21. We confirm that rates offered by us will remain valid for acceptance by you up to

180 days from the date of opening of this tender. 22. We confirm that neither Bidder nor any Barge offered are involved in any litigation,

which would tender the performance of any obligation impossible, in case the contract is awarded to us.

Signature : _____________________ Name of person signing : _____________________ Tenderer’s Name : _____________________ Date: Firm’s Seal : _____________________



Annexure 4

CONTRACT FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES

FROM BPCL, MUMBAI (Pirpau/Sewree/ MOT) TO ONGC NHAVA BASE

THIS AGREEMENT made on this __________________ day of ______________ 2016

Between - Bharat Petroleum Corporation Ltd., a company incorporated under the Companies

Act, 1956 and having its Registered Office at Bharat Bhavan I, 4 & 6 Currimbhoy Road Mumbai

– 400 001, hereafter called “The Company”(which expression shall include its successors and

assignees ) on the one part and M/s ______________________-carrying on business in the

firm name and style of M/s. ________________________________________________

___________________________hereinafter called The Contractors” (which expression shall

be deemed to include his legal heirs, executors, of the present constituents in case of firm or

official liquidator in case of company) of the OTHER PART.

WHEREAS the contractor is desirous of carrying out the work of bunker supply of white oil

HFHSD from BPCL, Mumbai (Pirpau/Sewree/MOT) to ONGC Nhava, for the Company and

WHEREAS the Corporation has agreed to appoint the Contractor/s upon the terms and

conditions hereinafter recorded. NOW THIS AGREEMENT WITNESS AND IT IS HEREBY

AGREED BY AND BETWEEN the parties hereto as follows :-

1. The contractor will provide all the equipment and manpower required for carrying out of

any of the work assigned to them (as detailed in scheduled of rates attached hereto, by

the Company under this contract) by the Territory Manager or his down delegated

authority at Territory office.

2 The company shall pay to the contractors for the performance of the various work

at the rates specified in the schedule attached hereto. The rates finalized will be

firm for the entire contractual period. No escalation in rates during the contract

period will be granted.

3. The contractor shall submit to the company bills on a fortnightly basis to the Territory

Manger (Indl), Mumbai’s office. The bill must be supported with clean acknowledged

Bunker Delivery Note, and original receipts of port charges paid. However, please note

that Bills submitted after two months from the date of completion of job will be rejected.

4. The rates specified in the schedule attached hereto will apply under all working

conditions and the contractor/s will not be entitled to any extra allowance during the

currency of the contract, unilaterally.

5. That the compliance of all Government Rules and Regulations regarding employment

and working conditions of personnel, including various statutory facilities shall be

provided for by the contractors. The contractor/s will be responsible for any fines for non-

compliance of any such Rules.

To be executed on Rs200 NJ

Stamp paper



6. The contractor/s shall maintain all records as required under the Factories Act/payment

of wages Act/Workmen’s Compensation Act/Employee State Insurance Act or any Acts

in force at that time. These records will be open for inspection by the Company’s

representative as and when required.

7. a) The Contractor/s shall ensure that no amount by way of commission or otherwise is

deducted or recovered from the wages of the workmen employed by him and that the

wages shall be paid by the contractor/s to the workmen directly without intervention of

any person.

b) The contractor/s shall introduce the Provident Fund Scheme to the Workmen employed

by him, if so required by law as envisaged by the provisions of Employees provident

Fund Act or any statutory modification and/or enactments of the said statutes and/ or

rules framed therein.

c) The Contractor/s shall duly introduce the contributory scheme for the employees under

him if so required by law as envisaged by the provisions of the Employees State

Insurance Act.

d) The contractor/s shall observe and implement all the laws of the land and the rules

framed there under which are beneficial to the workmen employed by him/them and that

the Company shall in no event, be liable or responsible for any default that will arise out

of non-observance of such laws, rules on the part of the Contractor/s and that the

Contractor/s shall in no event, be liable or responsible for any default that will arise out

of non-observance of such laws, rules on the part of the Contractor/s and that the

Contractor/s shall indemnify and keep indemnified the Company against the same and

from all proceedings in respect thereof.

g) The contractor/s shall also be solely responsible for any breach or contravention of all

the Labour Laws, Rules regulations or by-laws passed or made by the Central and/or

State Government and/or other authorities as may be applicable from time to time to the

workmen employed by him, directly or indirectly, without prejudice to the generality of

the foregoing, the concerned authorities respectively appointed under the Payment of

Wages Act, Shop and Establishments Act, Factories Act and the Workmen

Compensation Act, Inter State Immigration Workmen (Regulation of Employment and

conditions of Service) Act, 1979: Contract Labor (Regulation and Abolition) Act 1979 or

any Statutory Rules framed there under and the Company shall not be responsible in

any manner for any liability arising out of the non-compliance by the Contractor/s for the

same.

h) Officers of the Company shall have the right at its discretion at any time and from time

to time, to make inspection of all the records maintained by the Contractor/s and in this

regard make such enquiries as it may deem fit for ensuring the strict compliance of the

Minimum Wages Act, 1948: Payment of wages Act or any statutory modification and/or

enactments of the said statues of rules there under by the contractor/s.



i) The Contractor/s shall implement various standards drawn by Indian Standards Institution

(ISI) on the subject of safety of workmen and faithfully implement the same for the benefit

of the workers employed by him during the course of performance of the contract

wherever applicable.

8. The contractor/s shall pay E.S.I.S. contribution (Employees) and shall be responsible for

recovery and remittance of employees contribution. The contractor/s shall maintain all

records and stipulated under E.S.I.S. Act.

9. The contractor/s will be liable for any loss or damage to the company, Company

employees, contractor’s employees or to any third party resulting from fire, Leakage,

negligence, explosion, accident or any other cause in carrying out the work assigned to

them and the contractors shall indemnify and keep the Company indemnified for such

amount as the Company may be called upon by law to pay. All labour, workmen and

persons employed by the contractor/s shall not be on account of the Company and

shall deemed to be the contractors’ own labour so that no service conditions, payment

liability in respect of such persons would be attached to the Company and the

Contractor/s will have to indemnify the Company against the same.

10. That the Contractor/s will make good the Company any loss arising from:

a) The Confiscation by Government or local authorities of any goods delivered to

the contractor/s for transportation, clearing/forwarding/Loading/unloading or in

transit.

b) It is to be clearly understood that the property or the goods in possession or

under power of the agent will remain the sole and absolute property of the

Company provided, however that said Agent will be liable for any loss or damage

to the said goods and their liability will not be merely that of a bailee.

11. Barge operators shall take due diligence to avoid any spillage of oil into the sea/docks/harbour/river area. In the event of any penalty on account of spillage of oil / pollution due to the fault of the barge / negligence of barge personnel, the barge operator/s shall be responsible to settle the claims with the concerned statutory authorities. Any delay / detention of the barge on account of pollution caused by the barge personnel/ contractor/s shall be borne by the barge operator.

12. That the Contractor/s agrees/agree to employ competent and efficient employees and

operators to ensure that the work is done correctly. Any loss caused on account of

contractor/s employee’ negligence or any other sub-agent/s including road transport

employed by him, theft default or any commission or conduct shall be made good by the

contractor/s. Contractor’s employees and representative inside the Company’s

terminal/Installation/Depot should confirm to the Company’s working rules.

The contractor/s agree/agrees to clear/ forward consignments by road/water within a

reasonable time of being asked to arrange for the same. Any demurrage/storage, other

charges levied by the transporters or storage owners would be to the contractor’s



account unless he/they are able to prove that they are not allowed sufficient time for

carrying out the duties. The Contractor/s will also be responsible for the safe conduct of

goods in transit with them.

13. In the event of the Contractor’s failure to carry out the work assigned to them within a

reasonable time, contractor/s shall be liable to make good the Company and expenses

that may be incurred by the Company in making other arrangements for carrying out the

work.

14. The Contractor/s shall be responsible for and shall pay any compensation to their

employees’ payable under the Workmen’s Compensation Act, 1923 and 1933 and the

Amendments thereto, for the injuries caused to the workmen. The Contractor/s shall be

responsible for any pay the expenses for providing medical treatment to any employees

who may suffer any bodily injury as a result of any accident. The Contractor/s shall keep

the company indemnified against the same and from all proceedings in respect thereof.

In every case in which by virtue of the provisions of Section 12 Sub-section(1) of the

Workmen’s Compensation Act 1923, the company is obliged to pay compensation to

workmen employed by the Contractor/s in execution of the works, the company will

recover from the contractor/s the amount of compensation paid, and without prejudice

to the rights of the company under section(1), Sub-Section-II of the said act, the

company shall be at liberty to recover such amount or any part thereof by deducting it

from the Security Deposit or from any sum due to the Company to the Contractor/s

whether under this contract or otherwise. The company shall not be bound to contest

any claim made against it under Section 12, sub-section(1) of the said Act except on

the written request of the contractor/s and upon his giving to the Company full security

for all costs for which the company might become liable in consequence of contesting

such claim.

15. The contractor/s will deposit a sum of Rs. 25,00,000 lakhs (Rupees Twenty Five

Lakhs) by way of demand draft as Security Deposit (Corporation at their discretion may

accept Bank Guarantee from Scheduled Bank ) with the company for the due

performance of the work by the Contractor/s and observance of all the conditions hereof

and it shall be lawful for the Company to appropriate the entire deposit and/or part

thereof against damage, costs charges or expenses arising out of the contractor/s failure

to observe any of the terms and conditions of this contract. This is without prejudice to

the other remedies under the law open to the company.

16. This agreement shall be for a period of three years from__.__.___ to __.__.____.,

However the corporation reserves the right to terminate the contract at any time before

expiry of the period of contract by giving the contractor 30 days’ notice in writing without

assigning any reason whatsoever.

17. It is specifically agreed by and between the parties hereto that the company shall have

the right to terminate this contract at any time during the currency of the contract if the

services are not found satisfactory and without giving any notice in writing.



18. Notwithstanding anything herein above contained in the event of contractor being

adjudicated insolvent or being a company resolved or ordered to the wound up, then in

such event agreement shall automatically stand terminated and in the event of breach,

default or violation of any of the terms hereof, of which the Corporation shall be the sole

judge and the Corporation shall be at liberty to terminate this agreement forthwith and

without prejudice to all other rights, remedies and claims of corporation under this

agreement or otherwise in law against the contractor and the Contractor shall not be

entitled to any claim for loss, compensation or damage arising out of any such early

termination.

19. The Company reserves the right to award parallel contract/s without giving any notice or

prior intimation to the existing contractor/s.

20. Any goods in the custody of the contractor/s at the time of termination of the contract by

influx of time or by notice or otherwise however shall be handed over to the Company

properly.

21. Terms and conditions detailed and covered under General/Special Terms with tender

documents form a part of this agreement.

22. It is specifically agreed by and between the parties hereto, to indemnify BPCL any claims

arising due to non-supply of bunkers to vessels on account of the inability of the barge

operator to execute these bunkers for whatsoever reason.

23 ARBITRATION

a) Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter- claim

or set off of the Company against the Licensee or regarding any right, liability, act, omission

or account of any of the parties hereto arising out of or in relation to this agreement shall be

referred to the Sole Arbitration of the Director (Marketing) of the Company or of some Officer

of the Company who may be nominated by the Director (Marketing). The licensee will not

be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is

an officer of the Company or that he has dealt with the matters to which the contract relates

or that in the course of his duties as an Officer of the Company, he had expressed view on

all or any other matters in dispute or difference. In the event of the arbitrator to whom the

matter is originally referred being transferred or vacating his office or being unable to act for

any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of

office or inability to act may in the discretion of the Director (Marketing) designate another

person to act as arbitrator in accordance with the terms of the agreement to the end and

intent that the original Arbitrator shall be entitled to continue the arbitration proceedings

notwithstanding his transfer or vacation of office as an officer of the Company if the

Director(Marketing) does not designate another person to act as arbitrator on such transfer,

vacation of office or inability of original arbitrator. Such person shall be entitled to proceed

with the reference from the point at which it was left by his predecessor. It is also a term of

this contract that no person other than the Director (Marketing) of the Company or a person

nominated by such Director (Marketing) as aforesaid shall act as arbitrator hereunder. The

award of the arbitrator so appointed shall be final, conclusive and binding on all parties to



the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or any

statutory modification or re-enactment thereof and the rules made there under for the time

being in force shall apply to the arbitration proceedings under this clause.

b) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute, before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

c) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter claim or set off before the Arbitrator in respect of any matter in issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross claim, or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Marketing).

d) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other technical person to assist him, and to act by the opinion so taken.

(e) The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims of cross claims of the parties.

(f) The arbitrator shall be entitled to direct any one of the parties to pay the costs to the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

(g) The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed (if so required) in the concerned courts in the city of Mumbai only.

24. Jurisdiction

(a) The parties hereby agree that the court in city of Mumbai 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), MUMBAI 4TH FLOOR, OLD ADMIN BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

25. All conditions as covered in tender documents under General Conditions/Special

conditions, schedule of items and as covered in this Agreement will apply.

IN WITNESS WHERE OF THE parties have executed these presents on the day, month and

year herein above mentioned.

SIGNED & DELIVERED ON BEHALF Signature ______________

OF (within named Corporation) Name_________________

Designation____________

IN THE PRESENCE OF WITNESS Signature______________

Name________________

SIGNED & DELIVERED BY THE Address______________

WITHIN NAMED (CONTRACTOR/S)

Name________________

(Signature as Proprietor/Partner/Director)

Name & Address___________________

Of the Firm______________________



Annexure 5

INTEGRITY PACT

Between

Bharat Petroleum Corporation Ltd (BPCL) hereinafter referred to as “The Principal”,

And

M/s _______________________________________________ hereinafter referred to as “The

Service Provider”

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for Bunker

supply of White Oil (HFHSD) by barges from BPC Mumbai (Sewree/Pirpau/MOT) to ONGC

Nhava Base. The Principal values full compliance with all relevant laws and regulations, and the

principal of economic use of resources, and of fairness and transparency in its relations with its

Bidders/s and Contractor/s.

In order to achieve this goal, the Principal co-operates with the renewed international Non-

Governmental Organization “Transparency International’ (TI). Following TI national and

international experience, The Principal will appoint an external independent Monitor who will

monitor the tender process and the execution of the contract for compliance with the principles

mentioned above.

Section 1– Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:

i. No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a contract, demand, take a promise for or accept,

for him/ herself or third person, any material or immaterial benefit which he/ she is not

legally entitled to.

i. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/ additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

ii. The Principal will excluded from the process all know prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the relevant Anti-Corruption Laws of India, or if there be a substantive

suspicion in this regard, the Principal will inform its Vigilance Office and in addition can

initiate disciplinary actions.



Section 2– Commitments of the Bidder/ Contractor

(1) The Principal commits itself to take all measures necessary to prevent corruption. He

commits himself to observe the following principles during his participation in the tender

process and during the contract execution.

i. The Bidder/Contractor will not, directly or through any other person or firm, offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/ she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

ii. The Bidder/Contractor will not enter with other Bidder into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bid or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

iii. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further The Bidder/Contractor will not use improperly, for purpose of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposal and business details, including information contained or transmitted electronically.

iv. The Bidder/Contractor will, when presenting his bid, disclose any and all payment he

has made is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above

or be an accessory to such offences.

Section 3 – Disqualification from process and exclusion from further contracts

If the Bidder, before contract award has committed a transgression through a violation of Section

2 or in any other form such as to put his reliability or credibility as Bidder into question, the

Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract,

if already signed, for such reason.

(1) If the Bidder / Contractor have committed a transgression through a violation of Section 2

such as to put his reliability or credibility into question, the Principal is entitled also to

exclude the Bidder/ Contractor from future contract award processes. The imposition and

duration of the exclusive will be determined by the severity of the transgression. The

severity will be determined by the circumstance of the case, in particular the number of

transgression, the position of the transgressor within the company hierarchy of the Bidder



and the amount of the damage. The exclusive will be imposed for a minimum of 6 months

and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of

the available evidence, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to

resort to and impose such exclusive and further accepts and undertakes not to challenge

or question such exclusive on any ground, including the lack of any hearing before the

decision to resort to such exclusion is taken. This undertaking is given freely and after

obtaining independent legal advice.

(4) If the Bidder/ Contractor can prove that he has restored/ recouped the damage caused by

him and his installed a suitable corruption prevention system, the Principal may revoke the

exclusion prematurely.

Section 4 -Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award

according to section 3, the Principal is entitled to demand and recover from the Bidder

liquidated damages equivalent to Earnest Money Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, of if the Principal is

entitled to terminate the contract according to section 3, the Principal shall be entitled to

demand and recover from the Contractor liquidated damages equivalent to Security

Deposit/ Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur

subject only to condition that if the Bidder/ Contractor can prove and establish that the

exclusion of the Bidder from the tender process or the termination of the contract after the

contract award has caused no damage or less damage than the amount of the extent of

the damage in the amount proved.

Section 5 – Previous Transgression

(1) The bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the TI approach or with any other Public

Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be terminated for such

reason.

Section 6 – Equal treatment of all Bidder / Contractor / Subcontractors

(1) The Bidder / Contractor undertake to demand from all subcontractors a commitment in

conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders, Contractors and Subcontractors.



(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact

or violate its provisions.

Section 7 – Criminal charges against violating Bidders/ Contractors/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an

employee or a representative or a representative or an associate of a Bidder, contractors or

Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this

regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors (three in number depending on the

size of the contract) (to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for this Pact.

The task of the Monitor is to review independently and objectively and objectively, whether

and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs

his functions neutrally and independently. He reports to the Chairperson of the Board of

the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to all

Project documentation of the Principal including that provided by the Contractor. The

Contractor will also grant the Monitor, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to this project documentation. The same is

applicable to Subcontractors. The Monitor is under contractual obligation to treat the

information and documents of the Bidder/ Contractor/ Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will

so inform the Management of the Principal and request the Management to discontinue

or heal the violation, or to take other relevant action. The Monitor can in this regard submit

non-binding recommendation. Beyond this, the Monitor has no right to demand from the

parties that they act in a specific manner, refrain from action or tolerate action. However,

the Independent External Monitor shall give an opportunity to the bidder/ contract to

present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and,

should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to/

provided to Outside Expert Committee members/ Chairman as prevailing with Principal.



(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of

an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not,

within reasonable time, taken visible action to proceed against such offence or reported it

to the Vigilance Commissioner, Government of India.

(9) The word “Monitor” would include both singular and plural.

Section 9 – Pact Duration

This Pact being when both parties have legally singed it, If expires for the Contractor 12 months

after the last payment under the respective contract, and for all other Bidders. 06 Months after

the contract has been awarded. If any claim is made / lodged during this time, the same shall

be binding and continue.

To be valid despite the lapse of this pact as specified above, unless it is discharged / determined

by Chairperson of the Principal.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Mumbai Terminals. The Arbitration clause provided

in the main tender document/ contract shall not be applicable for any dispute arising under

Integrity Pact.

(2) Change and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the reminder of

this agreement remains valid. In this case, the parties will strive to come to an agreement

to their original intentions.

----------------------- --------------------------------

For the Principal For the Contractor

Place : Mumbai Witness 1: _____________________

Date : 21.11.2016 Witness 2: _____________________



Annexure 6

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

tender opening for _________________________________contract, 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 him / herself ordinarily resides

otherwise than for the purpose of his own education.

The enclosed format below 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 (Lakshdweep Islands).



Annexure 7

(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 contract for Bunker Delivery of

White Oil (HFHSD) to ONGC Nhava, if awarded by M/s. Bharat Petroleum Corpn. Ltd 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.

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

Annexure 8

PARTICULARS OF TANK TRUCKS OFFERED

Sr No.

Registratio

n Numb

er

Capacity

in KL

Engine Number

Chassis

Number

Owned / Attache

d

PESO Licens

e Numbe

r

Validity

Age of TT as on date of

tender



ATTACHMENT 1

BIDDER’S COVERING LETTER

FROM: DT:

M/s.________________________

(Name and address of the Tenderer)

To, Territory Manager (Indl), Mumbai Refinery 4th Floor, Old. Admn.Bldg. , North Block Chembur, Mumbai 400074 Phone: 022 – 25524416 Dear Sir,

SUB: e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES

FROM BPCL, MUMBAI (Sewree/Pirpau/MOT) TO ONGC NHAVA BASE.

In response to your notice inviting tenders for above, we confirm having carefully read, studied

and understood various terms and conditions/documents downloaded with the tender and the

same has been digitally signed for having read and the same in toto. We are also confirming

that the following documents as per the check list given below has been submitted online along

with the EMD and Tender Fee.

Write Y – for Document enclosed

Write N – for Document not enclosed

CHECK LIST FOR SUBMISSION OF DOCUMENTS ONLINE ALONG WITH THE EMD AND

TENDER FEE:

No Enclosures Yes /No

1 Bidder’s Covering letter listing all enclosures as per Attachment 1

2 Demand Draft No.________ dated ________ for Rs. 1,00,000/= drawn on

_______________ (only Scheduled Bank) in favour of M/s Bharat

Petroleum Corporation Ltd payable at Mumbai towards Earnest Money

Deposit are put in envelope for Credential Bid, or self attested document

from competent authority as a proof of exemption in case bidders are

registered under MSE such as EN II certificate in case of MSE registered

parties.

3 Demand Draft No.________ dated ________ for Rs. 1,150/= drawn on

_______________ (only Scheduled Bank) in favour of M/s Bharat



Petroleum Corporation Ltd payable at Mumbai towards Tender Fee are

put in envelope for Credential Bid.

4 Acceptance of General Terms and conditions by way of signing each page

of the same is enclosed – Attachment 2.

5 Acceptance of Special Terms and Conditions, duly signed as a token of

acceptance – Attachment 3

7 General Irrevocable Power of Attorney – Attachment 4

6 Details of relationship with Directors of BPCL; Declaration ‘A’ ‘B’ and ‘C’ -

Attachment-5

7 Acceptance of Proforma Bank Guarantee for Security Deposit- by way of

signing each page – Attachment 6

8 Attested copies of Firm’s Registration Certificate/ Trade License.

9 Attested copies of Partnership Deed or Certificate of Incorporation.

10 Attested Copies of PAN, PF, ESIC, Service Tax Regn Certificates

11 Attested copies of Barge documents (Layout showing Bulk Cargo handling

Facilities including stripping, Certificate of Registration under Indian

Vessel Act 1917, Certificate of Survey issued by MMB, Latest Calibration

Charts duly certified by IRS/Classification Society/Naval Architect, License

by Mumbai / JNPT Port Authorities certifying that the barge is permitted to

ply in harbor with bunker fuels, Pass Pilot Certificate of the Barge from

Mumbai / JNPT authorities for plying Barge without pilot, Marine Hull Policy

for the Barge, Cargo Boat License, MMD Certificate/ Survey certificate

from Maritime Board / approved classified Society and other authorized

bodies for carriage of petroleum product, as per rule 33 of Petroleum Rules

1975.

12 Attested Copies of work order(s)/contract(s)/agreement(s) and work

completion certificates as proof of similar jobs of carrying liquid POL

products in petroleum barges during last three years ending 31.03.2016,

with any Public Sector Undertaking/Large Organization

13 Self Attested copies of Tank Trucks valid RC/Fitness/Insurance/PUC/valid

license from PESO & Calibration Certificate.

14 Copies of income tax return for the financial years 2015-16 of

Self/Proprietor/All the legal partner/Company enclosed.

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 enclosure No.



Thanking you,

Yours faithfully,

Signature: ____________________

PLACE: Full Name :__________________________

DATE: (Signed as Proprietor/Partner/Director)



ATTACHMENT - 2

GENERAL TERMS AND CONDITIONS

(TO BE READ CAREFULLY BEFORE SUBMISSION OF THE TENDER)

a. Relatives 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 such as NRL, BORL 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.

b. In the contract document as herein defined where the context so admits, the following words and expressions will have following meaning.

(i) ‘Company’/ ‘BPCL’ means Bharat Petroleum Corporation Limited, incorporated in India having its registered office at 4&6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 or their successors or assigns.

(ii) ‘The Contractor’ means the person or persons, firm or company whose tender has been accepted by BPCL and includes the Contractor’s legal representative, his successors and permitted assigns.

(iii) ‘The Work’ shall mean the works to be executed in accordance with the contract

or part thereof as the case may be and shall include extra, additional, altered or substituted works as required for the purpose of the contract.

(iv) The ‘Contract Document’ means collectively the Tender document, designs,

specifications, agreed variations if any and such other documents constituting the tender and acceptance thereof.

(v) The ‘Contract’ shall mean the agreement between BPCL and the contractor for the execution of the works included therein all contract documents.

(vi) The ‘Tender’ means the tender submitted by the contractor for the acceptance

by BPCL.

c. Wherever rates are quoted 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.

d. BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to:

(i) Negotiate with any or all tenderer/s (ii) Distribute the work among tenderer(s)



(iii) Reject any or all tenders either in full or in part

e. Tenders not meeting the tender terms & conditions or incomplete in any respect 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.

f. BPCL does not bind itself to accept the lowest offer.

(A) SUBMISSION OF TENDERS:

1. Before submitting the tender, the tenderers are requested to read very carefully the terms and conditions laid down in the enclosed tender document. All the enclosed tender documents shall form part of the contract.

2. Please be guided by instructions of para 13, in the Notice inviting tender for submission of documents.

3. Counter terms and conditions will not be accepted.

4. All the papers of the tender form should be signed by the proprietor/legal partner or the director or authorized representative, as the case may be and the rubber stamp of the firm is affixed as token of your acceptance.

5. Your bids should be submitted in the envelopes duly sealed and should reach the given address before the due date. Tenderer or his representatives should personally deposit the sealed tender well before the closing date and time in particular tender box earmarked for this purpose. The Corporation will not accept any responsibility if the tender is not dropped in the correct tender box personally by the tenderer but instead handed over to any employee/person.

6. Tenderer should submit all the details and enclosures as has been asked. In case any of the information is not applicable to them. “Not Applicable” may be written against the para. Not submitting any information/enclosure sought may be the ground for rejecting the tender.

7. Any additions/deletions or changes in our format will not be accepted. This may be ground for rejecting the Tender.

8. Over-writing should be avoided. Corrections, if any, should be initialed by the tenderer.

9. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender.

10. Complete tender along with EMD should reach the given address before the due date and time as tender received after the due date or time for whatever reasons will be rejected forthwith

11. Tenders received without EMD/not meeting tender conditions/incomplete in any respect/or with modifications are liable to be rejected.



12. (a) EMD of Rs. 1,00,000 (Rupees One Lakh only) per tender by way of Demand Draft on any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. Payable at Mumbai should be submitted alongwith Tender.

(b) No interest is payable on the EMD.

(c) EMD of the unsuccessful tenderers will be refunded within 30 days of finalization of the tender. In case of successful tenderer EMD will be refunded only after completion of all formalities i.e. signing of agreement and submission of requisite Security Deposit to the Company.

(d) EMD will be forfeited if the tenderer:

(i) Modifies/withdraws the offer during the validity period of 180 days from the opening date of tender.

(ii) Refuses to acceptance of the offer/award of business/Purchase Order or fails to furnish security deposit within the stipulated 15 days period.

(e) Cheque and/or request for adjustment of any pending dues or any other deposit of

contractors will not be accepted as EMD.

(B) VALIDITY OF TENDER :

1. Offers should be valid for acceptance within a period of 180 days from the due date of the tender. Once the tender is accepted and work awarded, the rates shall be valid for the entire contractual period. No Tenderer will be allowed either to withdraw or revise these offers after the last date of receipt of quotation.

2. Any offer containing variation from our terms and/or counter condition is liable to be rejected.

3. Company reserves the right to accept or reject any or all tenders in whole or in part at their sole discretion, without assigning any reason or to negotiate with any or all tenderers as considered necessary. Acceptance of offer shall be valid only when advised by company in writing to the concerned successful tenderers.

4. Party shall attach valid Provident Fund Registration Certificate.

5. Party shall confirm to provide minimum wages as per minimum wages act as applicable. Party will be responsible to provide all statutory benefits to the employees appointed by them and in case the Corporation is liable to make payment of any such statutory benefits to the employees of the Contractor as the principal employer, the contractor will be liable to indemnify the damage and loss suffered by the Corporation to that extent and corporation shall have liberty, without referring to the Contractor to deduct such sum as may be suffered as loss or damage due to the aforesaid reason out of the pending bills of the Contractor lying with the Corporation.

6. The successful Tenderer and his men shall abide by all security / safety rules, regulations in force at location and the laws, bye laws and statutes of Government, semi-Government and other local authorities such as requirements/liability under



enactments like the workmen’s Compensation Act, Contract Labour Act etc. and the Company shall stand indemnified against any claims on these scores. The successful tenderer and his men shall strictly abide by “No Smoking” and other Petroleum Regulations on the premises.

7. Bidder will be liable for any loss or damage to the Corporation, Corporation’s employees, his employees or to any third party resulting from fire, leakage, negligence, explosion accident or an account of any other cause in carrying out the work assigned to them and shall indemnify and keep the Corporation indemnified for such amount as the Corporation may be called upon by law to pay. All labour, workmen and persons employed by bidder shall not be on account of the Corporation and shall be deemed to be his own labour so that no service conditions and/or payment liability in respect of such persons would be attached to the Corporation.

8. Bidder will employ competent well-qualified and efficient employees and operators to ensure that the work is done correctly. Any loss or damage caused on account of his employees’ negligence including any loss or damage caused in the process of their work or performance during any road or sea transport employed by them on account of theft, pilferage, default or any commission and / or omission shall be made good by the bidder. Bidder’s employees and representatives inside the Corporation’s Installation should conform to the Corporation’s working rules.

9. In the event of your failure to carry out the work assigned to you within a reasonable time, you shall be liable to make good to the Corporation any extra expenses that may be incurred by the Corporation in making other arrangements for carrying out the work.

10. You will provide all the equipment and manpower required.

11. All or any goods on account of the Corporation in your custody or power at the time of termination of this arrangement by efflux of time or by notice to otherwise, shall be handed over to the Corporation and it will be your total responsibility to do so.

12. This arrangement shall not be assigned or transferred by you directly or indirectly without the written consent of the Corporation.

13. Party shall give proof for handling similar nature of work during last 2 to 3 years (Copy of Work order ) with any Public Sector Undertaking / large organization undertaking.)

14. Self Attested copies of PAN, Service Tax Registration Certificate, Certificate of Incorporation, Partnership Deed, Factory Licence or Shop and Establishment Certificate, PF & ESIC.

(C) PERIOD OF CONTRACT:

Period of contract shall be for three years.

(D) PRICES

1. The rates quoted by Bidders shall be firm and subject to no escalation whatsoever, till completion of the order.



2. The rates should be quoted in Indian Rupees only.

3. The Price Bid is to be submitted online only. (E) PAYMENTS

1. Payments will be made in Indian Rupees within 30 days on the submission of bills along with the complete set of Documents. Service Tax applicable as per Indian Laws, if any, will be reimbursed by BPCL.

2. The vendor is to submit invoices within 15 days of providing the service, attaching the following documents:

i. Bunker Delivery Note with sign and stamp of ONGC officials of their representatives ( 2 originals + 1 copy)

ii. Pre Bunkering Safety checklist, Pre Bunkering checklist, Post Bunkering checklist, QC Certificate

iii. All port/ wharfage payments in orginals iv. Invoices in triplicate, each duly signed, with the service tax elements shown

separately, details of Service tax registration and Category of Service.

3. No payment will be made towards any insurance of the men or machinery of the tenderer. In the event of any mishap, accident, injury, loss of property or life while conducting the work, as directed by the Corporation the tenderer shall keep the Corporation indemnified and no claim should be accrued to the Corporation in any manner whatsoever.

(F) SECURITY DEPOSIT

a. The successful Tenderer, would be required to deposit Security Deposit of Rs 25,00,000/- before commencement of the work.

b. The security deposit is payable will be retained till the successful completion of the work. No interest will be payable on security deposit.

(G) EXECUTION OF AGREEMENT

a. The successful Tenderer shall, within 7 days of the company’s communication to him of the acceptance of his tender, execute a formal agreement with the company on the company’s format.

(H) DELAYS AND NON-CONFORMANCE

a. In case our instructions are not adhered to in full/part, BPCL can cancel the order wholly or in part without any liability to cancellation charges and appoint another barge operator. Their performance would be judged very closely on all parameters.

(I) ARBITRATION



a. Any dispute or difference of any nature whatsoever any claim, cross–claim, counter-claim or set off to the Corporation against the Contractor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the Director( Marketing). The contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the corporation he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director(Marketing) designate another person to act as arbitrator in accordance with the items of the agreements to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Corporation if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.

b. The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

c. The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter on issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such cross-claim, counter-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

d. The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineering or other technical person to assist him and to act by the opinion so taken.

e. The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the difference and in particular will be entitles to make separate awards in respect of claims or cross-claims of the parties.



f. The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extend as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties, to deposit funds in such proportion to meet the arbitrator’s expenses whenever called upon to do so.

g. The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respects of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only.

(J) COMMENCEMENT OF WORK :

1. Successful tenderers before undertaking the work, would be required to confirm acceptance of LOI within 7 days from the date of award of business / Acceptance of offer failing which, the EMD submitted by the Tenderer shall be forfeited and the award cancelled without giving further notice.

2. Whenever there is duplication of clause either in the terms and conditions or in the agreement, the clause, which is beneficial to the corporation i.e. BPCL will be considered applicable at the time of any dispute.

3. No unsolicited correspondence/queries will be entertained while the award of business is under consideration. Company inviting tender regret their inability to answer individual queries.

(K) THE INTEGRITY PACT (IP):

a) The Proforma of Integrity Pact shall be uploaded by the bidder/s along with the bid documents, duly signed by the same signatory who is authorised to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidders failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b) If the bidders has been disqualified from the tender process prior to award of the contract in accordance with the provision of the Integrity Pact, BPCL shall be entitled to demand and recover from the Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security of the Integrity Pact.

c) If the contract has been terminated according to the provision of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provision of the Integrity Pact, BPCL shall be entitled to demand and recover from the Contractor Liquidated damages amount by forfeiting the Security as per provision of the Integrity Pact.

d) Bidders may raise dispute/complaints, if any, with the nominated Independent external Monitor.

Shri Shantanu Consul No 9 MCHS (IAS Officers Colony) 16th Main BTM 2nd stage,



Bangalore – 560076 Mobile no 9740069318 e-mail ID [email protected]

I/We have read the above Terms & Conditions and submit our quotation, taking into account all

the conditions.

Signature : ____________________

Tenderer’s Name : ____________________

Address : ____________________

_____________________

Date : ____________________

Firm’s Seal : ____________________




ATTACHMENT 3

SPECIAL TERMS & CONDITIONS

e-TENDER FOR BUNKER SUPPLY OF WHITE OILS (HFHSD) BY BUNKER BARGES

FROM BPCL, MUMBAI (Sewree/ Pirpau/MOT) TO ONGC Nhava Base.

1. The interested bidders will carry out the bunker supply of White Oil HFHSD by barge from BPCL, Mumbai (Sewree/Pirpau/MOT) to ONGC Nhava Base which will be executed following either or both of the options mentioned below: i. Receipt of product ex BPCL Pipeline from Pirpau Jetty/ MOT or any other Jetty

in Mumbai into Barge, and bunker supply by Barge to ONGC Nhava base.

ii. Receipt of product at BPCL, Sewree into tank trucks, transporting to Mallet Bunder or any other Dock/Jetty in Mumbai, unloading of product into Barge, and bunker supply by Barge to ONGC Nhava base.

2. The contract is for “Self Propelled” barge only. Bidders are requested not to offer Dumb

barges /tugs for the above tender.

3. The barge/s offered by the bidders must be duly licensed by all statutory authorities like MMD/DG(Shipping) and Port Authorities, and other Departments as applicable. Following self attested documents/ Certificates must be submitted along with other tender documents.

(a) Lay-out showing Bulk Cargo Handling facilities including stripping.

(b) MMD Certificate/ Survey certificate from Maritime Board / approved classified

Society and other authorised bodies for carriage of petroleum product, as per rule 33 of Petroleum Rules 1975.

(c) Latest Calibration charts duly certified by IRS/Classification society/ Naval architect. (d) Certificate of Registration under Indian Vessel Act 1917 and Certificate of Survey

issued by MMB. (e) License by the Mumbai / JNPT Ports Authorities certifying that the Barge is permitted

to ply in harbour with fuel oils. (f) Pass pilot Certificate for the Barge from Mumbai / JNPT Port authorities for plying

barge without Pilot. (g) Marine Hull Policy for the Barge (h) Cargo Boat Licence

4. The barges should be fully equipped to receive, transport and decant bulk oil (HF-HSD)

from barges to ship/shore tanks. The pumping rates from barge tanks to ship should be minimum 100 KL per hour.



5. It is anticipated that at least One (01) Bunker Barge, fully owned by the Bidder, of

minimum storage capacity of 1300kl, and a minimum pumping rate of 100 KL/hr will be required to meet the requirement of ONGC supplies.

6. Bidder, at their own option can offer Barges in addition to the minimum requirement of one Barge. The additional Barges beyond stipulated requirement of three can be owned or under sub-charter.. In case additional Barges are not owned by the contractor, consent letter /lease agreement and other documents from the owner agreeing to the contractor using the barge for transportation of HFHSD for the contract period is to be submitted.

7. In the event of the Corporation requiring additional barges, the same shall be inducted from the successful bidders.

8. BPCL would inform the Barge contractor to position the barge for supplying the product to commercial bunker. BPC will supply the product either by pipeline or Tank trucks for loading the barge. The barge contractor will inform the Terminal Manager the tentative time and readiness of the barge and also the name of the jetty where the barge is scheduled to berth. Pipeline / TT unloading operation must be supervised by the Barge Contractor, as the quantity arrived basis mother / shore tanks dips will be taken as the final quantity delivered to the barge. The barge contractor will sign the BDR. The barge must be placed within 24 hours of informing the barge contractor.

9. Tank trucks to be placed by the Barge contractor at Mumbai / Sewree for loading of barge through tank truck. In case of any loss in transit, the same will be recovered from contractors running bills. Necessary documentation for barge operation / tank lorry receipts including time sheets should be completed by the barge operator and the same should be handed over to the BPCL representative. The Tank lorries must be placed by the barge contractor within 12 hours of receiving information from BPCL.

10. Sampling during loading of vessel: Barge contractor is required to carry sampling equipments like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipments needs to be fixed at the pipeline manifold in co-ordination with tank farm representatives & sample to be collected in to cubitainer during the entire duration of loading of barge, which in turn is to be transferred to three bottles. One duly labeled, signed, numbered bottle to be given to tank farm representative for their record & two are to be taken back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of loading of barge. This sample retained by BPCL will be used in event of any quality complaint by ONGC, and if the sample passes the test parameters, any claims arising out of such quality complaint by ONGC shall be recoverable from the Barge Contractor.

11. The contractor shall at their own cost, keep the Barge/s in possession of a valid insurance cover in respect of third party damages.

12. The contractor shall be responsible to pay all port dues, taxes, berthing, Pilot charges, wharfage, light dues etc wherever applicable. The payment towards wharfage shall be reimbursed by BPCL on production of original receipts from the Port Authorities.



13. The contractor may require to work day and night round the clock irrespective of Sunday/Holiday by paying overtime to the members of the crew and work in an efficient manner to the satisfaction of the Corporation’s official and the customers of the Corporations. No extra charges will be payable.

14. Other terms and conditions of the contract will be as per the Corporation’s standard rules and regulations.

15. In the event of any failure by the contractors to provide the Barges to meet BPC’s requirements at any time during the tenure of the contract, the Corporations will be at full liberty to engage other contractors at the risk, cost and responsibility of the Barges contractor/s.

16. The successful bidder to whom the contract is awarded, shall execute with BPCL an agreement as per its standard proforma copy of which be given along with the Tender.

17. During the currency of contract, no upward revision of rates will be allowed. The period of the contract will be for three years. Contractors should be in a position to take up the work immediately on award of the contract.

18. Contractor to supply all equipments, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge to be equipped with suitable hoses. The hoses shall have the maximum permissible pressure rating and date of last pressure test clearly and indelibly indicated on them by a testing facility recognized by the competent authority. The barge should always carry valid test certificate as per approved authorities for the hoses used for bunkering operation, as per manufacturers’ recommendation. But not exceeding one year. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of unloading the product from TT’s and receiving the product through pipeline and also at the time of delivery to vessel. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

19. All the requirement of oil pollution control cell of Mumbai/JNPT Port Trust or any other Govt. body will be observed by the contractor. Any violation of such rules including Oil Spill will be the responsibility fully borne by the contractor and penalties/fines arising out of the same will be fully borne by the contractors. Contractors to keep BPCL indemnified against such penalties/fines.

20. Delivery of product from the barge in midstream/at Jetty etc. should be made efficiently and to the utmost satisfaction of the customer. The contractor will be responsible for both quality and quantity of the product till final delivery and till clean acknowledgement is obtained from the customers.

21. In case the product received on board the barges is not delivered due to any reason, such matter will be immediately brought to us in writing.

22. Barge Contractor will be responsible to prepare and complete all Bunkering documents as required under MARPOL regulations approved by DG shipping and the barge offered should be fitted with approved bunker sampler so as to take the MARPOL sample at the bunker manifold.



23. BPCL will not provide any mobilization charges for bringing the barge to the site within the port limits of Mumbai/JNPT after successful award of the contract.

24. Barge contractor is required to indicate complete technical details of barges offered as indicated in Credential Bid. BPCL, it’s authorized employees may at any time shall have access to barges for the purpose of inspecting the barges and assessing whether the Masters, officers and crew are carrying out their duties in accordance with contractual obligations.

25. Barge contractor is required to keep the barges parked at their own during idling time anywhere in the operating area and should immediately report at respective Jetties.

26. Barge contractor is responsible for ensuring safe mooring of barges, submission of proof for last (immediate) product handled, checking emptiness /cleanliness of barge tanks with BPCL Surveyors, carry out checks as per check list, ensure hose connection/disconnection & bonding, ensure no spillage during loading, Co-ordinate & line up with BPCL supply location for loading, ensure loading up to ordered /nominated quantity (ensure quantity loaded does not exceed order quantity), verification of quantity loaded with Surveyors, sealing of barge tanks compartment wise, obtaining all documentation & sampling equipment & accessories from BPCL representative, collect information regarding delivery, time of delivery etc, get clearance to leave jetty.

27. Barge Contractor should keep track of the delivery schedule and carry out bunkering in close co-ordination with BPCL Custom House Agents (CHA), Surveyors & Port Fire Departments. Barge contractor to work closely with BPCL Custom House Agents for all necessary formalities from Port/Customs connected with supply of bunkers to vessels. Also liaise with ONGC officials for the safe mooring of barges at jetty end & necessary permissions from ONGC for commencement and completion of bunker including hose connection and disconnections at jetty end. Barge should also be provided with adequate fenders and other arrangements as per safety requirement for safe mooring at jetty end. Barges must be kept clean at all times. Paint work on deck and deck pipelines must be maintained at all times. The bunker barge shall be fitted with adequate safe lighting to cover the area of the bunker tanker, manifold connection and hose handling equipment.

28. Barge contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring

at jetty end, verification of quantity & seal numbers jointly with Surveyors/ ONGC representative, handing over all documents to ONGC officials or their representatives, Connection/Disconnection of Hoses, Complete pre-bunkering & pre bunkering safety check lists with ONGC representative, obtain permission from BPCL custom House Agent/ ONGC before pumping, Connect drip sampler at vessel manifold that connects the shore tanks & hand over sample bottles, Monitor bunker supply/loading operations including maintain the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by ONGC officials or their representatives & submit acknowledged copies of documents along with sealed sample to BPCL representative.

29. Ensure acknowledgements of all documentations pertaining to coastal bunkers (duty paid) including obtaining of Signature & stamp of ONGC officials or their representatives in BDN, Shipping Bill, MSDS, QC certificate, Pre Bunkering, Pre-bunkering Safety &



Post Bunkering check lists, Survey Report, Customer Feedback form & vessel Sample Documentations. Also arrange to collect product samples duly labelled and signed by ONGC officials or their representatives.

30. Sampling at ONGC end:- Barge contractor is required to carry sampling equipments like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipments needs to be fixed at the jetty manifold in co-ordination with ONGC representatives & sample to be collected in to cubitainer during the entire duration of bunker supply, which in turn is to be transferred to three bottles. One duly labelled, signed, numbered bottle to be given to vessel for their record & two are to be taken back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of delivery.

31. Barges offered should be fitted with Suitable pumps for loading & unloading of HF-HSD (Class “C” products). The pumping equipment of the barge should be maintained by the barge contractor in good working condition during the period of contract. In case of any failure in pumping, alternate arrangements need to be made by the contractor for completing the operations.

32. If due to slow pumping of the product from the barge, a consequential delay occurs in delivery at Nhava, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the delay in voyages.

33. If due to slow voyage of the barge beyond the normal trip time, a consequential delay occurs, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the delays in voyages.

34. The contractor shall ensure that there is no product diversion and shall supply entirely the full quantity of product so received from BPCL to the nominated vessel. The invoicing of the product is as per the shore tank out turn quantity, any transit /operating loss including any excise duty liability will be on barge contractor’s account. Further, if the product is found contaminated in transit or at the time of delivery of product to the vessel, cost of product will be recovered from the Barge contractor & respective transportation charges will be recovered as appropriate.

35. When barges have to be taken out of service for statutory inspection or dry dock repairs / maintenance, barge contractor shall obtain prior permission of BPCL and shall make alternative arrangements to transport bunker fuels without any additional cost to BPCL with prior permission of BPCL failing which BPCL shall have the right to make alternate arrangements at the risk and cost of barge contractor and realize from the Contractor any loss sustained by BPCL on account of such arrangements.

36. The contractor or his duly authorized representative shall take delivery of HFHSD for onward movement and the contractor shall always be responsible for safety and preservation of HFHSD till it is delivered at the destination points. The signing of the BPC transit documents by the contractor’s representative shall be deemed to be acknowledgement of receipt of goods on behalf of contractor.

37. The Barge contractor shall check each consignment received from Loading Points in the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc. if any, to the BPCL officer in charge of



loading. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc. occurs after HFHSD is handed over to the contractor, he/she shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the contractors bills /Security Deposit without prejudice to BPCL’s right to claim balance amount, if any from contractor.

38. In case goods are held up en-route due to any break-down or accident or Force Majeure situation, the matter shall be intimated to BPCL immediately over phone or in person and confirmed in writing thereafter. Meanwhile Contractor has to arrange alternate barge for transferring product from damaged barge to new /fresh barge immediately and ensure that the product is delivered within the stipulated time with the quantity loaded at loading. Barge shall not stop anywhere en-route other than for reasons mentioned above.

39. The barge contractor has to arrange insurance coverage for risks associated with transport of product. The contractor has to arrange insurance coverage for his barge & barge crew. The contractor is responsible for any liabilities on account third party claims and marine environment pollutions. The barge contractors shall be liable for and agree to indemnify BPCL against all claims, costs, expenses, proceedings, actions, suits, demands & liabilities whatsoever arising out of actual or potential pollution damages and cost of clean up or control thereof arising from the acts or omissions on the part of barge contractors. Product Insurance is in the scope of BPCL.

40. In case it is found that the seals are tampered en-route and if there is a shortage in the quantity transported, the cost of short delivered material will be recovered from the contractor.

41. In case a Bunker Barge is used by BPCL for split Bunkering within the same dock/port, then BPCL shall pay only for the total quantity loaded in the Bunker Barge or as per minimum shipment charges payable, and not as per Ship basis.

42. Compliance of Safety, Fire Protection and Environmental Protection shall be the responsibility of the contractor. Clearances required from the Mercantile Marine Department (MMD), License from Mumbai / JNPT Port Trust, Explosives Department (PESO) and Pollution Control Board (if any) shall be taken by the contractor. It will be the responsibility of the contractor to obtain at his cost all clearances or sanctions required from Statutory Bodies well in advance. During every bunkering operation, the bunker barges shall have aboard adequate means for the mitigation of any potential pollution, including supplies of approved absorbent materials and oil dispersants: but oil dispersants shall only be deployed with the permission of the local authorities, taking into account the circumstances of each case. Any damage, demurrage, or any losses arising direct or consequential on account of lapses in this regard shall be to Contractor’s account.

43. TANK TRUCKS OFFERED: a. The Bidder shall offer 20 (Twenty) nos tank trucks which should be owned or

attached. The attested copy of the Tank Truck affidavit should be attached. The



details of the Tank Lorries with self attested copies of valid RC, Fitness, Insurance, PUC and PESO license to be attached.

b. The tank trucks offered should not exceed 7 years of age on the date of opening of tender. Further, during the pendency of the contract, the age of any vehicle offered for loading shall not exceed 8 years.

c. The tank trucks offered by the Bidder should conform to the statutory rules and

regulations as promulgated or enforced by the State / Central / Local authorities from time to time.

d. The tank truck used by the Transporter should be sound in all aspects i.e. roadworthy

condition, in conformity with Inspector of Explosives regulations and other local bodies requirement and should be calibrated to meet RLW norms with necessary locking arrangement and driven by licensed drivers.

e. All taxes, insurance and other charges as applicable to the vehicle, shall be the full

responsibility of the Transporter. f. No escalation / de-escalation is allowed in the rate quoted in the price bid for the

tendered job of transportation of HFHSD. g. It shall be the responsibility of the transporter to ensure that the documents are

complete in all respects and accompany the tank truck before it leaves the Corporations Terminal / Installations. The transporter should comply with the provisions of the MOTOR VEHICLE ACT, 1988 and amendments thereto.

44. Performance of the barge contractor shall be evaluated at the time of extension of

contract based on broad parameters like timely placement of barges, timely delivery, crew behaviour, interaction with all stake holders in the bunker supply chain, adherence to all our tender conditions & Statutory compliance etc.

I/We have read above and submit our quotation.

Signature _______________

Date ___________________

Name of Bidder ________________________________

Address _____________________________________



ATTACHMENT - 4

GENERAL IRREVOCABLE POWER OF ATTORNEY

(On Non-judicial stamp paper of Rs. 100)

We, the undersigned (Bidders for barge contract) 1) Shri ___ 2) Shri ___ __

3) Shri all residing at _________

the Partner(s)/Director(s) of M/s. having its registered office

at do hereby nominate, authorise 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 behalf of our firm.

i) To sign, seal execute, perfect and/or complete the tender documents of providing barges for bunkering operations of White Oil (HFHSD) by Tanker Barges from BPCL, Mumbai to ONGC Nhava base, by the bidder and also relevant documents required by M/s. BPCL a company incorporated under the Companies Act, 1956 and having its Registered Office at Bharat Bhavan, 4&6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001, hereinafter called the “Company” (which expression shall include its successors and assigns in law) in respect thereof.

ii) To negotiate, enter into correspondence with the Company and do all everything necessary suitable or proper with regard to the said tender.

iii) To sign, seal execute, perfect and / or complete Agreement for providing barges for

bunkering operations of White Oil (HFHSD) by Bunker Barges from BPCL, Mumbai to ONGC Nhava by the bidder and all and/or any other document, Indemnity bonds etc., required by the Company in connection with the said Agreement.

iv) To do all acts, deeds as may be necessary for and incidental to the execution of and proper

performance of the said Agreement with the Company.

We the said Partner(s)/Director(s) do hereby agree to allow, verify and confirm all and

whatsoever the said Shri shall or may do or cause to be done in or

about the said tender and the 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 /

Agreement / or refund of our Security Deposit, whichever is later.



In witness whereof, we have here-into set and subscribed our hands at Mumbai this day

of one thousand nine hundred .

SIGNATURES

Signed Seal 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

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS

Tenderers should furnish following details in the appropriate part based on their organization

structure.

Organizational structure Part of the form

applicable.

Sole Trader PART – A

Partnership PART – B

Company Private / Public / Co-operative Society PART -- C

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 ‘Yes’ to 3, state the name of BPCL’s Director and Tenderer’s relationship with him / her.

Place: SIGNATURE OF TENDERER Date:

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 4, state the name(s) of BPCL Director.



6. State whether any of the partner is related to any of the Director(s) of BPCL: YES / NO*

7. If “Yes” to 6, state the name(s) of BPCL Director and the concerned partner’s

relationship with him / her. *Strike off whichever is not applicable.

Place:

Date:

PART – C

(Applicable where the Tenderer is a Public/Private Ltd. Company / Co-operative

Society)

1. Name of the Company responding 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 ‘Yes’ to (5) state the name(s) of the BPCL 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.

Place:

Date:

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.

Name of the Employee Name and Designation of

of the Contractor the Officer of the Corporation

1. __________________________ ________________________

2. __________________________ ________________________

3. __________________________ ________________________

4. __________________________ ________________________

Place:

Date:

Signature & Seal

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:



Date: Signature & Seal 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.

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



ATTACHMENT -6

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

BANK GUARANTEE

This Deed of Guarantee made this ___________ day of ________________ Two Thousand Twelve between _____________________________________ a Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act

of 1970 having its head office at __________________________________________ and

branch at ________________________ hereinafter called as the GUARANTOR (which

expression shall unless excluded by or repugnant to the context mean and include its

successors and assigns) of the One Part AND Bharat Petroleum Corporation Limited a company

registered under the Companies Act, 1956 and having its registered office at Bharat Bhavan,

4&6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called the CORPORATION

(which expression shall unless excluded by or repugnant to the context mean and include its

successors and assigns) of the Other Part.

AND WHEREAS by an agreement bearing ______ day of ___________ 2016 made between

________________________________________ therein and hereinafter described as the

Service Provider of the one part and the CORPORATION of the other part, the job as described

therein had been awarded to the Service Provider by the CORPORATION to be done on the

terms and conditions contained therein.

AND WHEREAS it has been agreed that the Service Provider will provide Bank Guarantee in

such form as may be acceptable to the Corporation as a security of due payment by money as

the Service Provider may be liable to pay under the aforesaid agreement.

AND WHEREAS on the request of the Service Provider, the guarantor herein is now agreeing

to give such guarantee in the manner appearing hereinafter.

NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENENTED AGREED AND

DECLARED BY THE GUARANTOR AS FOLLOWS :

1. The Guarantor shall also pay to the Corporation on demand without any demur any other amount that may be payable by the Service Provider to the Corporation under the aforesaid agreement and will indemnify and keep indemnified safe and defended the said Corporation at all times hereafter against any loss which the Corporation may suffer by reasons of any default committed by the said Service Provider in observance and performance of the covenants of the said agreement and as also hereinabove and all cost, charges and expenses whatsoever which the Corporation may incur by reasons of any default on the part of the Service Provider.

2. The judgment of the Corporation as regards the failure on the part of the Service Provider and/or quantum of shortfall of any product and/or nature of the contamination and/or the value of the product so found short and/or contaminated will be final and binding and the Guarantor will not have any right to question such decision of the Corporation and the Guarantor will pay the amount so demanded by the Corporation immediately on receipt of



any written communication stating that Service Provider has failed to perform the agreement and/or to pay the sum which was payable by them in terms of the said agreement.

3. The Corporation shall have the fullest liberty without in any way affecting this guarantee

and discharging the Service Provider from their liability hereunder to postpone for any time or from time to time the exercise of the powers conferred on the Corporation under the said agreement and to exercise the same at any time and in any manner and either to enforce or forbear to enforce the covenants for payment of principal or interest or any other covenants contained in or implied under the said agreement or any other remedies or securities, if any, available to the Corporation or to grant or allow time or any indulgence or facility to or compound or to make any other agreement with the Service Provider without any further knowledge or assent of the Guarantor and take any other securities or promissory notes held or to be held by the Corporation from the Service Provider and the Guarantor shall not be released by any exercise by the Corporation of its liberty with reference to the matters aforesaid or any of them or by reason of time being given to the Service Provider or of any other forbearance, act or omission on the part of the Corporation or any other matter or thing whatsoever and the Guarantor hereby waive all rights of surety ship and other rights which they might otherwise be entitled to enforce.

4. The Guarantor will observe and perform all the terms and conditions and covenants contained in the said Agreement in the same manner in which the Service Provider is liable for the due observance and performance of the said terms and conditions and covenants.

5. The Guarantee herein contained shall be irrevocable and absolute and independent of

any right or remedy the Corporation may have against the Service Provider and accordingly the Corporation shall be entitled to enforce against the Guarantor the Service Provider’s liability without initiating or enforcing its remedies against the Service Provider and notwithstanding that the securities, if any, hereinafter received from the Service Provider or any of them shall at the time when proceedings are taken against the Guarantor hereunder be outstanding or unrealized.

6. In order to give effect to the Guarantee herein contained the Corporation shall be entitled

to act as if the Guarantor was principal debtor to the Corporation for all payments and covenants guaranteed by it as aforesaid to the Corporation.

7. The Guarantee herein contained is a continuing guarantee and shall be binding and

operative until repayment is made of all monies due to the Corporation under the said Agreement aforesaid.

8. The Corporation shall be at liberty to enforce the guarantee under this deed separately

from or independently of the said agreement and such enforcement shall not be regarded as releasing or in any way affecting the agreement or its enforcement.

9. The obligation of the Guarantor in terms hereof shall not be in any way affected or

suspended by reason of any dispute or disputes having been raised by the Service Provider (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by the Service Provider or any other order of communication whatsoever by the Service Provider stopping or preventing or proposing to stop or prevent any payment by the Guarantor to the Corporation in terms hereof.



10. The Guarantee herein contained shall not be determined or in any way prejudiced by any

absorption or amalgamation or reconstitution or alteration of the Corporation or of the Service Provider or otherwise and the guarantee shall remain such full force and be operative against the Guarantor until the obligations of the Guarantor hereinafter are fully discharged.

11. That nothing omitted or done by the Corporation shall in any way affect or discharge the

liability of the Guarantor under these presents.

12. All sums hereby guaranteed by the Guarantor shall be due and payable to the Corporation at Mumbai in terms hereof after notice in writing, requiring payment of the same shall have been delivered or sent through registered post, addressed to the Guarantor at their aforesaid address.

13. The Guarantee herein contained shall not be affected or discharged due to any

amalgamation or reconstitution of the Guarantor but shall in all respects and for all purposes be binding and operative until payment of all monies due to the Service Provider as mentioned hereinbefore recited agreement.

14. Notwithstanding anything contained hereinbefore the Guarantor’s liability under this

Guarantee shall be limited to the extent of ` ___________ and unless any claim is lodged with the Guarantor at their office mentioned hereinabove by three months from __________ day of _____________________ this Guarantee will be discharged and the Guarantor will be relieved from the performance of this guarantee forever.

IN WITNESS whereof the Guarantor herein set their respective hands and seal on the day,

month and year first herein above written.

SIGNED SEALED AND DELIVERED

By Shri

The GUARANTOR herein at

----------------------------

in the presence of :



FORMAT OF PRICE BID e-TENDER FOR BUNKER SUPPLY OF WHITE OIL BY BUNKER BARGES TO ONGC NHAVA BASE.

Sr No Job Description Estimated Qty in 3 years (KL)

Rate (Rs./KL)

Total Amount in INR for 36 months

1 Transportation charge of White Oil (HFHSD) by Barge from BPCL, Mumbai to ONGC Nhava Supply Base. Loading of Barge from Mallet Bunker or any other Dock/Jetty in Mumbai by Tank Trucks and delivery at ONGC Nhava Supply Base

180000

2 Tank Truck Transportation Charges of White Oil (HFHSD). Loading of Tank Truck from BPC Sewree Terminal and unloading into Barge at Mallet Bunder or any other Dock/Jetty in Mumbai

180000

SUB TOTAL

3 Service Tax @ 15 % on 30% of the Total Amount for item in Sr. No. 1

4 Service Tax @ 15 % on 30 % of the Total Amount for item in Sr. No. 2

TOTAL



Attachment 7

Holiday Listing Declaration

( on letter head)

Ref no:

To

Territory Manager (I&C)

Bharat Petroleum Corporation Ltd,

Mumbai.

Subject: Holiday Listing.

We, M/s __________________________ , herewith declare that currently we are not serving any

Holiday Listing orders issued by BPCL/MOPNG debarring us from carrying on Business Dealings with

BPCL/MOPNG or serving a banning order by another Oil PSE.

Place: Signature:

Date: Seal of the firm:

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