1 BHARAT PETROLEUM CORPORATION LTD. CPO (Mktg.), “A” Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/6507/6217 Email- [email protected][email protected]/ e-AUCTION SALE Online Auction platform and Support Services Provided By: E-Procurement Technologies Ltd. A-201/208, Wall Street - II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat (India) Phone No : +91-79-68136 861 | 871 | 819 Email id [email protected]/ [email protected]/ [email protected]Tender Ref: DISP/CPO(M)/19-20(1)/05-Old Depot & Tanks E-Procurement Technologies Ltd. is an authorized e- commerce service provider for BPCL to obtain rates online through its portal https://eprocure.procuretiger.com . The sale and purchase are directly made by the Seller and Buyer/s [Bidder/s]. BPCL will sell DIFFERENT SCRAPS (Tanks, Pipeline, Equipments etc), AT OUR VARIOUS PLANTS / LOCATIONS, ON “AS IS WHERE IS” AND “NO COMPLAINT” BASIS as per List, through Online Auction subject to Terms and Conditions annexed hereto and as per schedule of program given below: Schedule of Programme Inspection of materials TILL 31.08.2019 [11.00 AM to 3.00 PM on any working day] Venue of Inspection Refer list as per TABLE – A [PART – I] Online Training to all participating bidders 11.09.2019 to 14.09.2019 Auction date and time 17.09.2019 , 1600 hrs. onwards Earnest Money Deposit (interest free) Refer List TABLE – A [PART – 1] Last date to receive documents and EMD for participation 05.09.2019 up to 3.00 PM
Tender Ref: DISP/CPO(M)/19-20(1)/05-Old Depot & Tanks E-Procurement Technologies Ltd. is an authorized e- commerce service provider for BPCL to obtain rates online through its portal https://eprocure.procuretiger.com . The sale and purchase are directly made by the Seller and Buyer/s [Bidder/s]. BPCL will sell DIFFERENT
SCRAPS (Tanks, Pipeline, Equipments etc), AT OUR VARIOUS PLANTS / LOCATIONS, ON “AS IS WHERE IS” AND “NO COMPLAINT” BASIS as per List, through Online Auction subject to Terms and Conditions annexed hereto and as per schedule of program given below:
Schedule of Programme
Inspection of materials
TILL 31.08.2019 [11.00 AM to 3.00 PM on any working day]
Venue of Inspection Refer list as per TABLE – A [PART – I] Online Training to all participating bidders
11.09.2019 to 14.09.2019
Auction date and time 17.09.2019 , 1600 hrs. onwards Earnest Money Deposit (interest free) Refer List TABLE – A [PART – 1] Last date to receive documents and EMD for participation
1. All EMDs should be directly submitted to the following address: Ms Poornima Mittal / Mr. Gunjan Omprakash Bhiwal CH. Manager, CPO (Mktg.), Bharat Petroleum Corp. Ltd., A-Installation, Sewree (E), Mumbai-400015 The EMDs not received at CPO (Mktg.) will not be considered for auction. Please note that no relaxation will be given to outstation participants and therefore the participants should courier their EMDs considering the transit period. Any delay in receipt of EMD/Documents will not be considered.
2. The sale will be through e auction only. 3. BPCL reserves the right to extend the closing time of one or all the lots during the
auction time as considered appropriate.
4. BPCL also reserves the right to change the start bid price during the auction time and before close of auction time as considered appropriate.
5. Once bids are given during the online auction, they cannot be revised downwards which
may kindly be noted.
6. Unless Earnest Money Deposit (EMD) is paid to BPCL in advance, i.e. up to 05.09.2019 up to 3.00 PM , participation is not allowed. EMD should be submitted in the form of DD favoring Bharat Petroleum Corporation Limited payable at Mumbai.
7. EMD amount as shown in the Table ‘A’ needs to be deposited.
Training and Demo ‘e’-Auction:-
A demo auction will be conducted on web site https://eprocure.procuretiger.com for all registered participants who have given the EMD & other documents as per tender to practice and get acquainted with the system. Further Training with a Mock e-Auction will be held during 11.09.2019 to 14.09.2019 . Parties who have received training should send their confirmation of receipt of training by sending /faxing the filled Annexure for receipt of training to the M/s. e-Procurement Technologies Ltd. Email
The full offer document can be viewed, downloaded or printed at following website:
1. https://eprocure.procuretiger.com 2. www.bharatpetroleum.com --> Energizing Business -->Tenders →view tenders→
select department → CPO(Mktg.)-Disposal Pl. refer the following documents enclosed for further details:
a. Annexure – 1 : General Conditions for Auction b. Annexure – 2 : General Conditions of Sale/Disposal c. Annexure – A : Request for participation / Confirmation of DD details d. Annexure – B : Confirmation of Training e. Annexure – C : Steps for Actual bidding procedure f. Table – A [Part – 1] : Auction Lot Details/ Auction timing and Start Bid & Increment value details g. Table – A [Part – 2] : Tentative Tax Details h. Annexure – D : Arbitration Clause.
ANNEXURE – 1: GENERAL CONDITIONS FOR AUCTION Definitions:-
SELLER: Seller referred in this catalogue, is BHARAT PETROLEUM CORPORATION LTD.
SERVICE PROVIDER: E-Procurement Technologies Ltd. is an e-commerce service
provider appointed by the seller to facilitate virtual auction by the seller. E-Procurement Technologies Ltd. will only facilitate online auction and are considered as third party not particularly interested in the item/s being sold on behalf of seller.
BIDDER: Any person - as an individual OR a proprietor OR a partner OR an authorized representative of any company OR any legal entity and who is paying the requisite EMD and registered at E-Procurement Technologies Ltd. and who makes or places a bid for and purchases the auction property either in part or in full is considered as a bidder. One individual can represent as a bidder on his own behalf and on behalf of other companies provided he registers himself in those capacity separately, i.e. for each representation he should pay separate Earnest Money Deposit. Successful Bidder is that Bidder in whose name confirmation of sale is issued by the seller.
1: General Conditions for Auction
1.1 The Auction will be organized only through Internet. 1.2 Subject to the reserve price, if any, fixed by the SELLER and subject to the Term and
Conditions set out herein, sale shall be made to the HIGHEST BIDDER on “AS IS WHERE IS” and “NO COMPLAINT” basis. The Seller does not undertake any responsibility to procure any permission / license etc., in respect of the auction property offered for sale.
1.3 SELLER reserves the right to modify and amend the Terms & Conditions and announce the same at any time before the auction concludes. Announcements during the auction on the website including announcement of any additional conditions OR correction in the catalogue and / or additions or deletions of items being offered for sale are being done with the consent and knowledge of the seller, and it is binding on the bidder.
1.4 Participation and bidding in this Auction shall be treated as conclusive evidence of the fact that the bidder has inspected the Items and the documents pertaining to it and is satisfied in all respects regarding quantity, quality, condition of the Items, taxes and duties, and other extraneous factors and the Principle of Caveat Emptor (let the buyer beware) will apply. It shall also imply that the bidder has carefully gone through and understood the terms and conditions of Auction including the amendments if any, prevailing at the time of Auction. Seller / E-Procurement Technologies Ltd. will not entertain any complaints or objections once Bid is placed.
1.5 Seller / E-Procurement Technologies Ltd. does not give warranty or guarantee of the quality, quantity, measurement, condition, chemical composition of each individual item/s or lot/s that form the auction Item and about its “End Use” or fitness for a particular purpose.
1.6 The highest bidder does not get any right to demand acceptance of his offer. SELLER reserves the right to accept / reject / cancel any bid, withdraw any portion of the Auction Property at any stage from Auction even after acceptance of bid/
5
issue of delivery order or release order/ Authority letter / deposit of full value by successful bidder without assigning any reason there of. In the event of such rejection / cancellation/ withdrawal, SELLER, shall refund the value of Auction Property, if paid for, to the successful bidder. SELLER shall not be responsible for any damages/loss whatsoever to the successful bidder on account of such withdrawal.
1.7 EMD amount will not carry interest. 1.8 In the event of failure on the part of the successful bidder to fulfill his contractual
obligations, seller / E-Procurement Technologies Ltd. Reserves the right to debar such bidder from participating in any future auction conducted by E-Procurement Technologies Ltd. on behalf of seller.
1.9 All other terms and conditions as specified from time to time by BPCL and E-Procurement Technologies Ltd. will apply.
2.0 PARTICIPATION:
For bidding at our e-Auction, the intending participants are requested to log on to
website https://eprocure.procuretiger.com Prior to the final auction all bidders are requested to read and familiarize themselves with the BIDDING PROCEDURE & INSTRUCTIONS as per Annexure-C, which should also be signed and stamped and sent along with Annexure-A, and EMD. Please contact us on +91-79-68136 861 | 871 | 819 ,022 24176419
All those who wish to participate in the e-Auction, should deposit the following documents on or before 05.09.2019 up to 3.00 PM
Earnest Money Deposit (EMD) by Demand Draft (DD) issued by any Nationalized Bank/Scheduled Bank favoring Bharat Petroleum Corporation Ltd., payable at Mumbai duly crossed and superscribed “Account Payee Only.
“Annexure “A” enclosing copies of other documents like PAN card and GSTN registration Certificate, wherever applicable.
Acceptance of Annexure “C” : Duly Signed & stamped on all pages.
The EMD, Annexure A, & acceptance of Annexure C and other documents should reach at the following address: Ms Poornima Mittal / Mr. Gunjan Omprakash Bhiwal CH. Manager, CPO (Mktg.), Bharat Petroleum Corp. Ltd., A-Installation, Sewree (E), Mumbai-400015
2.1 On receipt of your EMD and other documents, your login ID / Password will be
e-mailed by M/s. E-Procurement technologies by 11.09.2019, through our secured server to your valid and confidential email provided by you in ANNEXURE “A”. On receipt of the passwords a confirmatory email will have to be sent back to us that you have received the login / password, please do not disclose your login / password in the confirmatory mail. On receipt of this confirmation you will then be enabled and activated for bidding.
2.2 Please do not reveal / pass your Login ID and Password to any other person/s. It is your personal property and we will not be responsible for any leakage or misuse or illegal use of your User ID and Password. Nevertheless, you will be held personally liable to the Seller and the Auctioneers for any misuse or illegal use of your User ID and password by other person/s and any successful transaction online by such unauthorized person due to your negligence will be considered as your own transaction and you will be required to fulfill the contract as per terms and conditions of the sale.
2.3 To enter the e-auction on https://eprocure.procuretiger.com and get the bidding screen kindly refer to Annexure-C on bidding procedure & instructions. The auto extension feature gives equal opportunity to all bidders to place their bids in the closing minutes of the auction. For details on auto extension refer to Annexure-C. Hence bidders are requested to stay tuned to the end of the auction even after the auction closing time in case the auction gets extended due to auto extension till the bidding screen closes. Please do not wait till last few seconds, but enter your bid at least 1 minute before end time. Confidential instructions can also be given to the website to carry out secure and confidential Auto bid. (Refer to Annexure-C for instruction of Auto bid.)
2.4 Please Note each Registered Participants shall pay refundable interest free Earnest Money Deposit (EMD) to participate and bid at our e-Auction. The Participant at our e-Auction will be allowed to bid only after they have paid EMD in advance to us by DD as mentioned in the General Conditions of Auction.
2.5 During the online bidding process, BPCL reserves the right to change the start
bid price as considered appropriate. Once the bids are posted during the online auction, they cannot be revised downwards which may kindly be noted. Every bidder is under obligation to buy the material at the price he bids, should the material be offered to him at that price. If any bidder to whom the material is offered at his bid price fails to effect the payment or other payments or carry out the clearances of material within the prescribed time frame or does not fully comply with the terms and conditions of the auction as displayed on the website, the EMD and any other payment made by him will be forfeited. This condition is applicable to all bidders. The seller is at liberty to offer and / or sell such material to another party of his choice or even retain it. The EMD paid for an auction or an item may be appropriated and forfeited against non–compliance with the terms and conditions.
GENERAL CONDITIONS OF SALE/DISPOSAL ANNEXURE - 2 1. Inspection of the materials :
1.1 All Items/scrap materials will be sold in MT / Lot / No.etc. basis as mentioned in Table ‘A’ [Part-I] on “As Is Where Is and No Complaint” basis. The materials will be available for inspection at the respective site on production of this catalogue to the Security / Engineering / Operating Staff on duty on any working day and time specified in this catalogue till 31.08.2019 up to 3:00 pm with prior appointment.
2. Earnest Money Deposit (EMD) :
2.1 For participating at our e-Auction, the intending bidders shall pay refundable Earnest
Money Deposit (EMD) by Demand Draft from any Nationalized or Scheduled Banks as mentioned against each Category in the catalogue on or before 3 P.M on 05.09.2019 along with Annexure-A & Annexure-C drawn in favour of Bharat Petroleum Corporation Ltd., payable at Mumbai, duly crossed and superscribed “Account Payee only”. No interest is payable for the deposit amount held by us.
2.2 As per BPCL Corporate policy all EMD payments irrespective of successful or
unsuccessful bidders shall be deposited in the operating Bank of BPCL immediately. The EMD payments of unsuccessful bidders shall be returned by cheque without any interest subsequently within 45 working days approximate through courier or Registered A.D. at the address given by them. No interest will be payable for such refunds. In case of any undue delay in refund of cheque due to unforeseen reasons at BPCL end or due to any postal / courier delays BPCL is not liable for any claims of interest or any disputes arising out of this. Therefore, parties are requested to take note of this.
2.3 Every bidder is under unconditional obligation to buy materials at the price offered by
him whether he has been the highest bidder or not.
2.4 The successful party will be advised the outcome of the e-auction result by issuing a sale letter within a reasonable time, i.e. 50 working days approximate after the e-auction after getting internal approvals. The successful party’s EMD will be refunded only on completion of the job to the full satisfaction of the Corporation.
3. Participation in e-auction will mean that the party has inspected the facilities / materials / lots / nos. available for sale / disposal at site as per auction details in Table-A [Part-I ] on as is where is and no complaint basis and fully satisfied / understood the lot details and site conditions himself regarding the condition, size, quantity, quality, weight, numbers etc of the items available for sale / disposal. Therefore, no claim shall be entertained in case of any variations in quantities particularly on down ward side or condition / quality / weight / numbers of the materials etc. at the time of upliftment which may kindly be noted.
4. Since the quantities for Lot No. 122 to 154A are approximate, BPCL reserves the right at the time of handing over of scrap to reduce the quantities in exceptional situations. In case of such downward revision of quantities, the differential amount paid will be adjusted and returned to party without any interest, by cheque. 5. At any given time there can be only one H-1 bidder per lot / item.
8
If more than one bidder bid, same value for an item / lot, the bidder who quotes the highest price first as per the server time is considered as the H-1 bidder for that lot / item.
The sale proceeds submitted by the H1 bidder shall not be refunded in any case. Therefore it is in the interest of the bidder to uplift the material within 4 weeks of the issue of Authority Letter.
6. : E-Procurement Technologies Ltd.
6.1. E-ProcurementTechnologies .Ltd. runs its business on the basis of a robust Web Site. However, E-Procurement Technologies Ltd. is outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However, BPCL / E-Procurement Technologies Ltd. will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, ISP or otherwise at Bidder’s end or at BPCL / E-Procurement Technologies Ltd. directly or indirectly effecting On-line method of Bidding.
6.2. E-Procurement Technologies Ltd. takes no responsibility of the quality, quantity, documentation details of buyers / sellers. Both the buyers & sellers agree to defend indemnity and hold harmless, E-Procurement Technologies Ltd. from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall E-Procurement Technologies Ltd. be liable for any loss for the transactions by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding this transaction and have understood in full that E-Procurement Technologies Ltd. has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since E-Procurement Technologies Ltd. does not possess knowledge base of the commodities under transaction both the parties agree that the matter contained in the materials as a part or as a whole does not violate any applicable law. No complaint will be entertained after the lot is once knocked down. E-Procurement Technologies Ltd. is only an e-commerce service provider, and is not and cannot be a party to or control in any manner any transactions between the seller and the bidder. E-Procurement Technologies Ltd. shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Seller and Bidder.
6.3. The Seller / Bidder agrees to limit the liability of E-Procurement Technologies Ltd. to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, so that the total aggregate liability of E-Procurement Technologies Ltd. to the Seller / Bidder shall not exceed it’s total fee receivable from the Seller / Bidder. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
6.4. In the event of any dispute with regard to non-lifting / non-availability of inspected materials etc. and forfeiture of ‘EMD’ by seller. E-Procurement Technologies Ltd. will not be held responsible for the loss / forfeiture.
9
IN CASE OF PROBLEM DURING AUCTION PLEASE CONTACT THE FOLLOWING ADDRESS:
NAME ADDRESS MOBILE NO. Email ID
Helpdesk A-201/208, Wall Street - II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad - 380 006, Gujarat (India)
7. Auction Result : 7.1 . The result will be declared within 50 working days approximate from the date of auction
through Sales Letter 7.2 The rate offered by the bidder shall be considered as Basic Price Per Unit of the items
mentioned. All taxes, Duties, Goods & Service Tax (GST), Tax Collected at Source(TCS) or any other statutory levies or taxes as applicable under the relevant GST act / IT Act or any other act shall be charged extra at the rate prevailing at the time of sale letter / delivery/invoicing. At the time of receipt of payment towards sale of scraps items as mentioned in the tender documents, advance @ 18 % GST will be charged along with 1% TCS. Same shall be adjusted at the time of final invoicing; accordingly differential amount if any shall be refunded / recovered from the customers. No interest claims shall be entertained by BPCL on account of advance receipt from the customers.
7.3 The present tentative rate of GST is given In Table “A” [Part -2 ]. However, these Taxes, as
applicable shall be on actuals. Tax Collection at Source [TCS] @ 1 % of [basic value + GST ] will be charged extra to all Bidders for all items. Successful bidder has to deposit the amount of equal to [basic + GST + TCS]. BPCL would provide Tax Collection Certificate to successful Bidder. In case, TCS is not applicable bidder can take refund from appropriate authority based on TCS Certificate of BPCL.
7.4 Please note that taxes / duties, TCS etc. statutory levies shall be as applicable at the time of
sale letter / upliftment/ invoicing. Decision in regard to applicability of GST/ TCS rates etc. as decided by BPCL would be final and binding to the successful bidder and bidders cannot claim / dispute on this matter.
7.5 Any failure to accept the rate of taxes / duties / TCS etc. as may be indicated by BPCL in the
sale letter/ at the time of upliftment/ in the invoice, BPCL reserves the right to forfeit EMD and cancel sale letter without assigning any reasons.
BIDDING SCREEN: 7.6 The start bid price & increment price have been mentioned vide Table-A (Part-I) which
shall be visible to all the bidders on their respective bidding screen for each Lot for which they are qualified to bid. Please note that the first bid that comes in the system should be equal to the start price + one increment or higher than the increment value for each Lot. The second online bid and onwards for any particular Lot will have to be higher than the H1 rate by the minimum increment value, or higher than the increment value.
7.7 Please note that the start bid price is the minimum basic price excluding all taxes etc and bidders have to put their bids above the start bid price indicated above. BPCL reserves the right not to sell at the highest offer received during the auction in case their expected reserve / target price is not achieved or for any other reasons.
7.8 Bidders to note that Start Bid Price provided by BPCL is only to proceed with start of e-auction. It is to be noted that Start Bid Price is not considered as expected sale price. Customers who are interested to purchase the material are requested to give their best price for the material even in case where there are no competitive bids. BPCL reserves to sell material only when sale price obtained is as per BPCL requirement. Also please note that the Start Price mentioned is only indicative and can be changed on the auction day, based on market conditions.
8. Payment & Delivery :
8.1 Successful Bidder [H-1 Party ] will have to make payment of full Sale value [including GST
and TCS as applicable ] in the form of Demand draft in favour of Bharat Petroleum Corporation Ltd., payable at Mumbai, within 4 weeks of Sale Letter / intimation of bid acceptance and uplift the materials by making their own arrangements within 4 weeks of Authority Letter issued by BPCL. In case of any delay in making payment beyond stipulated time as mentioned above, prior intimation needs to be sent to BPCL authorities and concurrence should be sought. In case where there is no intimation from the customer or the customer does not respond to the follow-ups then the following steps may be taken by BPCL:
A. Party’s EMD will be forfeited. B. Sale letter will be treated as cancelled and Seller shall have the right to
dispose off the materials. No claim whatsoever from the said party shall be entertained.
C. The party may also be debarred from participation in any future sales / auctions for one year.
8.2 Bidders must ensure that the inspection of scrap at location is carried out throurugly before
quoting in e.auction. Common understanding on quantity/weight of scrap has to be reached before the bidder submits the bid. No claims will be entertained post bidding and at the time of lifting the material. In case of any dispute the matter should be resolved directly with the location.
NOTE: 1) EMD will be refunded after completion of the disposal activity.
2) Successful party has to make payment in full and in one installment only. 3) No part payments will be allowed. However in exceptional circumstances in case
11
the complete material is not available at the location then concurrence from location representative is mandatory so that the customer may deposit the part payment for the available material.
9. Description of Materials and Quality and Quantity:
9.1 The materials shall be disposed off in “AS-IS-WHERE-IS” and “NO COMPLAINT” basis in single lot only.
9.2 Numbers, quantities and nature of material given in the catalogue are approximate / indicative only and the materials will be sold without any regard or consideration of these numbers or nature of materials and no Warranty or guarantee shall be implied. The Purchaser must lift the declared quantity within prescribed time of four weeks. The sale / disposal offer may be withdrawn by the seller any time and the decision of the seller in this regard is final and binding on all.
9.3 Each truck may be weighed, both before and after loading on weighbridge and weighment witnessed jointly by officers of BPCL / Purchasers representatives if required.
10 Removal of Materials:
10.1 The purchaser shall complete the transaction including collecting the scrap material
before 5.00 p.m. on any working day with prior appointment with the concerned department within the stipulated delivery days. The items offered for sale will be handed over to the successful tenderer by BPCL official at site on production of our Authority Letter which will be issued after the payment of total sale price including Taxes & TCS,etc.
10.2 The Seller reserves the right to unload the vehicles for inspection purpose. If it is
suspected at any time that the purchaser has loaded the material / materials for which he is not purchaser or if the purchaser is found to carry excess material than that mentioned in the documents, the Co. will be within its right to detain the truck, unload the goods at the cost & expenses of the purchaser & terminate the contract forthwith and forfeit the sale value & claim such further losses and damages that may be caused to the Seller.
10.3 Any damage to the Seller’s or Third Party’s properties during removal of the items will
have to be made good by the successful purchaser at their own cost. The Seller reserves the right to claim from the purchaser any expenses which might have been incurred by it over and above the EMD by way of restoring damages caused to properties belonging to the Seller / Third Parties by the action of such purchaser or their men. Until such losses are reimbursed, delivery of the material sold will not be given to the purchaser.
10.4 Loading / Unloading will be carried out by the purchaser at his own costs & risk. All
material handling machines / equipments, tools and tackles, labour, etc. or any other items as may be required to be supplied by party or as insisted by the seller for successful completion of the job will be arranged by the purchasers at their own cost. Non-availability of the same will not be considered as a ground for ‘Late-Lifting’ of the materials.
Scrap material shall be weighed as far as possible within BPCL premises in presence of the buyer and seller (BPCL representative) before clearance for dispatch. In case there are no facilities for weighing in sellers premises, the purchaser shall arrange for weighing in an approved weighing machine at his cost as directed and to be
12
witnessed by the purchaser’s representative. 11. Decision in case of disputes :
11.1 In case of any dispute regarding the contract, the decision of the Seller shall be final and binding. If there is any dispute as to the last or highest bid or dispute in identifying the item belonging to particular lot, the dispute shall be determined by the Seller and their decision shall be final and binding to all.
12. Right of Acceptance / Rejection of offer :
12.1 The Seller reserves the right to withdraw wholly or partially any or all the items set for sale at any time during the period of contract without assigning any reasons.
12.2 The goods are sold subject to the reserve / expected price obtained by the Seller to
their satisfaction. The Seller is not bound to accept the highest offer. The Seller reserves the right to reject any conditional offers.
13. Forfeiture of Earnest Money Deposit :
13.1 In case of failure of the purchaser to comply with the conditions of the tender / contract, the Seller may at its discretion, terminate the contract and the EMD paid by the purchaser will stand forfeited for the breach of contract by the purchaser. The lot in question will be re-sold by the Seller, without any reference to the purchaser, to any other buyer at the cost and risk of the defaulting purchaser. The deficit if any will be recovered from the defaulting purchaser.
13.2 The lots paid for must be completely removed at the purchaser’s expense within the
schedule period specified. If any lot is not removed within this specified period, the Seller may re-sell / re-auction the said lot or portion thereof at the purchaser’s risk and expense. In this event, the purchaser will be liable to compensate the Seller for all the damages and losses that the Seller may suffer on account of re-selling / re-auctioning the lot. This will be in addition to EMD that will stand forfeited in the event of the purchaser not removing the lots within the specified time.
13.3 In case the bidder backs out from any of the LOT mentioned in which he is H1 bidder,
then the complete EMD amount submitted for that Category will be forfeited by BPCL. 14. Termination of Contract :
The Seller reserves the right to terminate the contract at any time by giving three days notice on the following ground.
14.1 Unsatisfactory execution or performance of the contract by the purchaser. 14.2 For improper behavior of the purchaser or breach of the terms and conditions of
the contract. 14.3 Decision of the Seller to terminate the contract shall be final and binding and no claim
for damages and compensation shall be entertained. In the event of the purchaser or his agent or servant committing or attempting to commit theft, fraud, dishonesty or gross misbehaviour in connection with the subject matter of this contract or in any other connection whatsoever concerning the business of the Seller, the Seller will be entitled to terminate the contract forthwith and forfeit the EMD / Sale Value at its sole discretion.
13
14.4 In case of any incomplete job, or only part job done before the schedule time for completion, and if the delays are found to be attributable to the purchaser’s failures, the seller, i.e. BPCL if not satisfied with their performance, reserves the right to terminate the contract and award the job to any other Contractor at their cost and risk.
15. Passing of Property In the goods:
It is expressly made clear that the property in the goods whether sold by units, weights or lots, whether arranged or otherwise, will remain that of the Seller and will pass on to the purchaser only when material is taken out by the Purchaser from the factory Premises after getting valid dispatch documents.
16. General:
16.1 All Safety Regulations should be followed by the purchaser and their men in removing the items. Also the purchaser and their men will be neither allowed to carry lighters nor to smoke inside the premises. They should obtain suitable Work Permits / Safety Certificates for excavation, hot work etc. from the authorities at site. The work will be allowed to carry out during working hours of the Installation / Depot / territory/regional offices / LPG Plants etc. only. The work should be commenced only after obtaining necessary permission from the Corporation’s representative. The workers employed to carry out the work should observe the Corporation’s rules and regulations at the location.
16.2 Any injuries to workers employed by the successful purchaser while removal /
transport of the items and any risk / liabilities (including under Workmen’s Compensation Act etc.) arising out of the same, will be the liability of the purchaser and not of the Corporation. The Purchaser should also indemnify the Corporation against all liabilities / demurrage claims arising out of non-compliance by the purchaser of all statutory requirements currently in force or made applicable subsequently. The successful purchaser will keep the Corporation indemnified against all damages / claims arising of the aforesaid.
16.3 All notices, letters sent to the purchaser shall be deemed to have been received
by him / them within 48 hours from the time of posting if the same are sent at the address given by the purchaser.
16.4 Resale will not be recognized and release order will be made out in the name of
actual successful purchasers only. 16.5 The purchaser shall not be entitled to resell any lot or part of a lot while the goods
are still lying within the premises of the Company and no delivery would be effected by the Company to any person other than the purchaser whose names are mentioned in the delivery order.
16.6 The successful party shall also be liable for any pecuniary liability arising on
account of any violation by them of the safety requirements. Should any injury to people or loss or damage due to fire / or accident to any property or a portion thereof occur as a result of failure to comply with such regulations, the successful party shall be held responsible for the consequences thereof and shall keep the company / seller harmless and indemnified .
14
16.7. The terms and conditions of tender for disposal of scrap material as per Annexure –1 & 2 shall be applicable.
16.8 Any change in conditions of sale or additional conditions of sale, if any, will be
announced in the following web sites.
1. https://eprocure.procuretiger.com 2. www.bharatpetroleum.com --> Energizing Business -->Tenders →Search
Tender by Category→ CPO(Mktg.)-Disposal
16.9. The list of disposal items and their location with address / contact person and their Tel. No. and EMD details etc. are provided at TABLE-A [Part – I ]
16.10. The lot location with quantities / auction start time / Auction close time / start
bid Price / bid increment value etc. details are provided in TABLE-A [PART – 1 ] 16.11. The tentative GST details are provided in TABLE-A [PART – 2 ] 16.12 The decision of seller is final and binding in all matters related to this sale.
17. The Validity period of the offer is 50 days from the date of e-auction.
18. Successful parties may note that :
(a) Item once sold cannot be taken back or exchanged. Should any successful
tenderer withdraw their bid either prior to our issue of acceptance letter or afterwards, the Seller will be at liberty to resell the items to any person of their choice at the risk and cost of the original successful tenderer. If such re- sale proceeds is more than the earlier de-faulting successful tenderer’s offer, they will not be entitled for any increased proceeds realized by the Corporation. However, if the re-sale proceeds are less than the earlier defaulting successful bidder, the seller reserves the right to recover the difference in re-sale realization from the defaulting earlier successful bidder.
(b) Resale, transfer on assigning the unremoved / undismantled materials to
any other party will not be allowed until the materials are removed from our premises.
(c) Any damage to the Corporation’s / Railway’s or Third Party’s properties
during removal of the items will have to be made good by the successful tenderer at their own cost. The Corporation reserves the right to claim from the tenderer any expenses which might have been incurred by it over and above the EMD by way of restoring damages caused to properties belonging to the Corporation/ Railways/Third Parties by the action of such tenderer or their men.
19. The Corporation reserves the right to accept or reject any tender in part or completely
to suit their convenience without assigning any reasons whatsoever.
The entire job of upliftment must be completed as per schedule as mentioned in point
no 8.1 above. “BPCL, at its own discretion, may request the bidder to make payment and uplift the material beyond the above time schedule, under exceptional circumstances”
H1 for any lot in the current auction 45 days from completion of auction
2 Time limit for EMD refund when bidder is H1
for any lot in the auction
After completion of sale of all the lots (of the same items for which customer is H1) and receiveing adequate confirmation from the location.
3 EMD of the unsuccessful lots
EMD of unsuccessful lots will not be adjusted against the successful lots. EMD’s will be refunded to the customer within 45 days of completion of auction. Customer to make full payment for the Lots where he is H1.
16
ANNEXURE – A
(on bidder letterhead with company seal and stamp with contact details) From: Date : To, M/s. Bharat Petroleum Corp. Ltd., CPO (Mktg.), A-Installation, Sewree (East), Mumbai -400015 Sirs, Re: REQUEST TO ISSUE OUR LOGIN ID / PASSWORD FOR PARTICIPATING IN THE e-AUCTION TO BE HELD ON BEHALF OF BPCL ON 17.09.2019 FROM 1600 HRS FOR VARIOUS LOTS. A. EMD Details :
Please find attached herewith our Demand Draft payable to Bharat Petroleum Corporation Ltd., at Mumbai, as per details given hereunder for participating at the above e-Auction. All DDs are payable to Bharat Petroleum Corporation Ltd. at Mumbai Lot No. DD No. Amount*
* Bidders to note that bidder has to submit separate EMD for each lot. B. General Notes:
We hereby confirm that we have understood the steps for Bidding on e-Procurement Technologies Ltd. Site https://eprocure.procuretiger.com and would like to participate in the mock online training auction for BPCL to be held on 11.09.2019 to 14.09.2019.We hereby confirm that we have read and understood the terms & conditions of the e-Auction Sale tender documents for all the lots and same are acceptable to us. We have also physically inspected the materials and understood the scope of materials and its condition and there are no deviations to the same as per the auction catalogue details and I accept all terms and conditions of the e-auction sale tender document in full. We will honour the Bids placed by us during the auction procedure. We also confirm that we will e-mail a scanned copy or fax the price confirmation of our final online quoted rate as per Annexure–B immediately after the completion of e-auction followed by original price confirmation sheet by courier.
You are requested to ISSUE our Login ID / Password on our valid and official email as given in below on receipt of above DD and relevant documents. E Mail Id____________________________ PAN No. ____________________________ (Please enclose PAN Card Copy/ In case PAN Card copy is not enclosed, DD will not be accepted) GSTN No._________________________ (Please enclose self attested GST registration copy)
Thanking you, Yours truly, Company Stamp &Seal
[Name & Signature] Encl : 1] Drafts as above. 2 ] Other documents [ provide full details ] Tel. No. : Office
This is to confirm that we have understood all bidding procedures for the Forward auction to be held on 17.09.2019. We also confirm that we have understood and comply with all tender terms and conditions mentioned in the tender document - DISP/CPO (M)/19-20(1)/05-Old Depot & Tanks Thanking you, Yours truly, Company Stamp &Seal
[Name & Signature]
19
Annexure – C : Bidding procedure and Auction guidelines A. Steps for Actual Bidding Procedure :
1. Go to https://eprocure.procuretiger.com 2. Enter “Login ID“ and “Password”. 3. When a bidder logs in for the first time for the particular auction, bidder has to accept
to the Terms & Conditions. (After accepting to the terms & conditions of the company only you can be able to bid)
4. After accepting to the terms you will be taken to the auction-listing page where you will be able to see all the details about the auctions.
5. Click on Auction Room link on the top of this page. This will take you to the Bidding Page. A separate Window opens which is the Bid room.
6. Now Start Bidding. You can either Bid Manually OR can use Auto-Bid. (In Auto bid, the computer will bid on your behalf upto that value you given).
7. In the Manual Bid option, you can put your bid in the text box available for each ITEM and submit it every time. A bid confirmation pop up box will appear to confirming whether you want to go ahead with the bid posted or not. If you confirm the bid, your bid will be posted. If your bid is accepted, that will be displayed in “My Last Accepted Rate” column on your right side screen. Also the highest bid amount will be displayed in “H1 Rate” column. If you are the highest bidder at the time, “Your Rank” column will be highlighted with “green” background with rank mentioned as 1 (which is indicative that you are H1 i.e. the highest bidder for that particular item at that point of time)..
8. During the auction, the current highest bid of the bidder, the bid status and the bid history can be viewed on the screen all the times. Bids can be placed at the specified time mentioned during the auction day.
9. For Auto Bid, Click on the “Auto Bid” icon related to the item you want to bid. It will open a small window where you can place your “auto bid“. The starting bid amount in “Lower Limit” text box will be the Opening Price + One Increment or the H1 Price at that point of time. Enter the maximum amount in the “Upper Limit” text box. Submit your auto bid after filling the upper limit.
10. You can see your Bid Value and the Highest Bid Value for a particular lot after bidding once.
11. There is Auto Time Extension will be done by the system. If any bidder post his bid in the last 10 minutes of the auction closing time, the auction will be extended automatically for further 10 minutes.
Special Note : Bidders are requested to check the Bid Entry in words & figures before confirming it. Any wrong bids will lead to forfeiture of Earnest Money Deposit (EMD) and said lot will be re-auctioned and the bidder is liable to be barred from the future bidding if any.
B. E-Auction Guidelines BPCL shall finalise the disposal of the items (Lots) against this Tender through e-auction mode. BPCL has made arrangement with M/s. e-Procurement Technologies Ltd, (ETL) who shall be BPCL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same. 1. E-Auction shall be conducted by BPCL, on pre-specified date and time, which the bidders
shall be quoting from their own offices / place of their choice. Internet connectivity shall have to be ensured by bidders themselves. In extreme case of failure of Internet connectivity, (due to any reason whatsoever may be) it is the bidders’ responsibility / decision to send fax communication immediately to M/s. e-Procurement Technologies Ltd furnishing the price the bidder wants to bid online with a request to upload the faxed price on line so that ETL will up load that price on line on behalf of the Bidder. It shall be noted clearly that the concerned bidder communicating this price to ETL has to solely ensure that the fax message is received by ETL in a readable / legible form and also the bidder should simultaneously check up with ETL about the clear receipt of the price faxed. It shall also be clearly understood that the bidder shall be at liberty to send such fax communications of prices to be up loaded by ETL only within the closure of Bid time for that particular Lot and under no circumstance it shall be allowed beyond the closure of Bid time for that particular Lot. It shall also be noted that ETL should be given a reasonable required time by the bidders, to upload such prices online and if such required time is not available at the disposal of ETL at the time of receipt of the fax message from the bidders, ETL will not be uploading the prices and either BPCL or ETL are not responsible for this unforeseen circumstances. In order to ward-off such contingent situation bidders are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the e-auction successfully. Failure of power at the premises of bidders during the e-auction cannot be the cause for not participating in the e-auction. On account of this, the time for the e-auction cannot be extended and neither BPCL nor ETL is responsible for such eventualities.
2. M/s. e-Procurement Technologies Ltd shall arrange to train your nominated person
(s), without any cost to you after the submission of the required documents & the EMD amount.
3. Starting Bid / Bid Increment: The opening price and the bid increment value for the
respective Lot has been mentioned vide Annexure A Table-1. BPCL reserves the right to revise the start bid price at the time of auction.
4. BIDDING CURRENCY AND UNIT OF MEASUREMENT: Bidding and evaluation will be conducted in Indian Rupees (INR) of the item / Lot. The price bid placed during the “e-Auction” shall be “Rate per Unit” against each Lot.
5. At the end of the e-auction, bidder has to provide the Price Confirmation for his valid
highest offer submitted in the e-Auction, as per BPCL’s format, immediately after the completion of the e-Auction.
6. Procedure of e-Auction:
i. The start bid price & increment price have been mentioned vide Annexure A Table-1 which shall be visible to all the bidders on their respective bidding screen for each Lot for which they are qualified to bid.
21
Please note that the first bid that comes in the system should be equal to the start price + one increment or higher than the increment value for each Lot. The second online bid and onwards for any particular Lot will have to be higher than the H1 rate by the minimum increment value, or higher than the increment value.
ii. E-Auction shall be for a period as mentioned in the tender document for
all the items / Lots in this e-auction. If a bidder places a bid in the last 10 minutes of closing of the e-Auction and if that bid gets accepted, then the duration for that particular Lot shall get extended automatically for another 10 minutes, from the time that bid comes in. Please note that the auto-extension will take place only if a bid comes in those last 10 minutes and if that bid gets accepted. If the bid does not get accepted, the auto-extension will not take place even if that bid might have come in the last 10 minutes. In case, there is no bid in the last 10 minutes of closing of any particular Lot, the time shall get closed automatically without any extension for that particular Lot. However, bidders are advised not to wait till the last minute or last few seconds to enter their bid during the auto-extension period to avoid complications related with internet connectivity, network problems, system crash down, power failure, etc.
iii. The Bidder who has submitted the DD for any category can bid for all
LOTS mentioned under this category. In case the bidder is H1 in any or more categories, he has to uplift the said LOT as will be confirmed by BPCL at its discretion. In case the bidder backs out from uplifting this LOT, then the whole EMD for that category will be forfeited by BPCL.
iv. Auto Bidding: Auto Bidding feature is a feature to safe guard the
bidder’s interest of any Internet failure or to avoid last minute rush. This feature allows Bidders to place an automated bid against other Bidders in an auction for each Lot and bid without having to enter a new amount each time a competing Bidder submits a new offer for any particular Lot.
The bid amount that a Bidder enters is the maximum at that point of time that the Bidder is willing to offer for a particular Lot. Here the software bids on behalf of the supplier. The auto-bid amount is the maximum amount that the Bidder is
willing to offer. During the course of bidding, the Bidder cannot delete or change the amount of an Auto Bid.
Bids are submitted in increments (increasing bid amounts). The application automates auto bidding by processing auto bids automatically, according to the increment that BPCL originally established when creating the auction, submitting offers to the next bid increment each time a competing Bidder bids, regardless if competing bids are submitted as auto or manual bids.
7. Successful bidder shall be required to submit the final prices, quoted during the e-Auction in the Format provided to you after the completion of Auction to ETL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of auction immediately after the completion of the e-Auction.
22
8. Your bid will be taken as an offer to collect the items mentioned in that particular Lot. Bids once made by you, cannot be cancelled / withdrawn and you shall be bound to collect the item as mentioned above at your final bid price. Should you back out and not agree as per the final rates quoted, BPCL shall take action as appropriate, including forfeiture of EMD for the whole category.
9. After the receipt of the EMD and other required documents, the bidder shall be assigned
a Unique User Name & Password by ETL . The bidders are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password from ETL to ensure confidentiality. All bids made from the Login ID given to them will be deemed to have been made by their company.
10. The bidders will be able to view the following on their screen along with the necessary
fields in the e-Auction: a. Highest Bid (H1 unit Rate) in the Auction for the Lots for which they are qualified to
bid b. Bid Placed by them (Unit Rate) c. Their Own Rank (H1, H2, H3…. etc. where H1 would be the highest bidder, H2 would
be the second highest bidder and so on….) d. Opening unit Price & Bid Increment value for each Lot.
11. At the end of the e-Auction, BPCL will decide upon the winner. BPCL’s decision on award of Contract shall be final and binding on all the Bidders.
12. BPCL shall be at liberty to cancel the e-auction process at any time, before disposing,
without assigning any reason. 13. BPCL / ETL shall not have any liability to bidders for any interruption or delay in access
to the site irrespective of the cause. 14. Other Terms & Conditions:
- The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other bidders. BPCL shall have the right to seek explanation from the bidders in case IP address of those bidders is found to be same. Action, if necessary shall be initiated against such bidders.
- The Bidder shall not divulge either his Bids or any other exclusive details of
BPCL to any other party. - BPCL’s decision on award of Contract shall be final and binding on all the
Bidders. - BPCL along with ETL can decide to extend, reschedule or cancel any Auction. Any
changes made by BPCL and / or ETL, after the first posting will have to be accepted if the Bidder continues to access the site after that time.
- ETL shall not have any liability to Bidders for any interruption or delay in access
to the site irrespective of the cause. - ETL is not responsible for any damages, including damages that result from, but
are not limited to negligence.
23
- ETL will not be held responsible for consequential damages, including but not
limited to systems problems, inability to use the system, loss of electronic information etc.
15. ONLINE BID FORM General description of details available online during bidding to enable bidders to put their prices online are as below.
Lot No.
Item Description Location Qty Unit Unit Rate in INR
(In Fig.)
Unit Rate in INR (In Words)
1 As given in Table – A
As given in Table – A
As given in Table –
A
As given in Table –
A
Important Note:
1. The bidders have to quote in the “Unit Rate in INR (In Fig.)” column only during the e-auction.
2. Please note that in case you are H1 in any LOT then it is mandatory for you to submit the total amount to BPCL and uplift the material. Failure to do so will result in forfeiture of EMD for that category.
3. The “Unit Rate in INR (In Words)” will be automatically converted by the System.
4. After the bidder submits the bid, confirmation of the price he has quoted for any
particular Lot is asked from him twice, after which only the system accepts or rejects his bid based on the Start Price / H1 rate at that point of time / Confirming to the minimum increment value.
24
TABLE-A (PART-I)Tank & Depot
(Bidders to note that they have to submit separate EMD for each lot)
1. The above old items would be disposed as indicated in the table
2. Pl. refer Annexure–D for detailed scope of disposal.
TABLE – A [ PART–2 ] [Tentative]
TENTATIVE TAX RATES
34
STATE TAX FERROUS SCRAP
ALL IGST 18.00%
CSGST 9.00%
SGST 9.00%
The above mentioned tax rates are tentative and BPCL reserves the right to apply the rates applicable for ferrous and Non –ferrous items, which will be informed during the auction.
ANNEXURE-D
Scope and SPECIAL CONDITIONS for Disposal of old tanks & Depot Assets: BPCL has different Installation & depot as per the list in table A Part I, The above list is only indicative and not limited /exhaustive or actual and it is only for your general reference/guidance. Parties have to physically visit the depot and inspect the lot meant for sale and make their own estimates and ascertain the condition of materials, its quality, it weight, quantities, make, model, numbers, size, capacities ,
35
specifications and condition etc. Therefore, no claim shall be entertained in case of any variations if reported at the time of upliftment which may kindly be noted. However, there may be few items as given below left in the depot not meant for disposal and the same are separately marked or shown at the time of inspection and parties should consider accordingly. The following items are not covered in the subject disposal and they are excluded from contractor’s scope of work. a) Land. b) Grown up Big Trees. However small bushes / shrubs etc are to be
removed and area to be cleaned from all vegetation etc. 1. Pipelines running under Railway Tracks 2. Any petroleum products such as petrol,/diesel/kerosene/lubricants/greases
/gear oils etc found in tanks/pipes/barrels/loose/bulk/packages etc either inside or outside depot premises. Petroleum products /sludge are not covered in sale and to be handed over to BPCL if any found/salvaged.
3. Dispensing pumps, retail outlet items like trays etc. which are clearly marked & kept separately.
Please note that as BPCL has to handover land to Govt. Authorities for their construction of sheds etc., urgently and therefore the sequence of disposal in Phases and Time Lines shall be as under. Contractor has to immediately complete the disposal of facilities falling under area from boundary wall. The contractor’s obligations for completion of entire job will be as per tender terms & conditions. At the time of dismantling of facilities, the contractor has to provide separate temporary fencing at his cost so that even after handing over part land to Govt. Authorities for their construction activities, other facilities are demarcated, and any encroachment from unauthorized authority / people are avoided. The contractor has to make their own arrangements for safety and security during the entire operations of disposal activities. The entire job must be completed as above, but not exceeding 16 weeks from the date of authority letter as shown above, failing which appropriate action as deemed fit will be taken in line with the general terms and conditions of the auction tender. The successful bidder has to surface & level the complete area after shifting all the materials. All debris are to be removed from site. For leveling the ground to one level and filling up all trenches of underground tanks or any low level or trenches, all debris, earth, rubble, bricks, mortar etc. salvaged from dismantling are to be used. The bidder has to arrange and bear the cost of dismantling, loading, unloading & transportation of materials to his / their place. After excavating / removing the underground tanks, pipelines etc. the same are to be filled up with available material or material brought from outside if required at contractor’s cost and risk in particular for filling up of underground tank trenches etc. Dismantling of Underground pipelines in the Railway siding area from decantation header / manifold sections and up to BPCL depot compound wall needs Railways permission for dismantling / excavation etc which are to be obtained by the Purchaser only. However, BPCL may provide any assistance if required to the Purchaser in obtaining such permissions. After excavation, etc. the area is to be filled back and brought to original condition to the satisfaction of the BPCL and as directed. All safety precautions as stipulated by BPCL are to be followed at the time of disposal of facilities both inside
36
and outside BPCL depot premises / compound wall. Any damage to the Corporation’s or Third Party’s properties during removal of the items will have to be made good by the successful tenderer at their own cost. The Corporation reserves the right to claim from the contractor any expenses which might have been incurred by it over and above the EMD by way of restoring damages caused to properties belonging to the Corporation / Third Parties by the action of such contractor’s or their men. Party has to make his own arrangement for power connections to cut the tanks or lighting or any other purpose. BPCL shall not provide any power connection. No invoice / challan will be issued by BPCL for each truck of materials to be removed since the entire materials are being disposed on lumpsum single lot basis. OTHER SPECIAL CONDITIONS FOR DEMOLITION OF DEPOT FACILITIES 1. The intending bidder should inspect the site prior to submitting of the offer and make himself familiar with the site conditions and available facilities. 2. Bidders alongwith the offers must give an undertaking that the steel plates of tanks / pipelines that have contained leaded gasoline will not be used for edible products / drinking water unless they are rendered completely safe by suitable means. 3. Demolition is an inherently hazardous process and hence every person involved in demolition activity must wear protective equipment including helmet, gloves, safety footwear etc. as per BPCL guidelines. 4. Demolition must be supervised by persons, having thorough knowledge of demolition process. 5. Successful bidder shall carryout a survey to assess the physical characteristics and design of the facilities to be demolished so as to arrive at a safe demolition method. Based on survey Demolition Action Plan shall be submitted for BPCL’s approval, before starting any demolition. The plan should include : • Sequence of demolition of facilities with time frame. • Method of demolition of facilities including drawings / sketches if any. • The proposed treatment for steel plates particularly for tanks which contained leaded gasoline. • How the party will further utilize the steel plates obtained from product tanks and also the product pipes. • Method of disposal of debris. • Manpower to be deployed. • Machinery, Equipment to be deployed. • List of PPE [ Personal Protective Equipments ] required and that would be worn by people involved in the activity. 6. Before demolition begins, all utility services to the structure like electricity / water etc. must be disconnected. Arrangements must be made to keep the unwanted persons as far away as possible from the site by necessary barricade. 7. It is dangerous to leave isolated parts of a wall / structures standing as they are liable to collapse from the effect of high winds / self weight etc. and hence necessary cordoning should be made for such cases.
37
8. Debris should not be allowed to build up against walls or floors with the consequent risk of the structure being unintentionally overloaded. 9. Disposal process for debris and pit / yard for the same should be identified for safe disposal within the stipulated time. 10. Order dismantling : From safety consideration following order for dismantling of the depot facility is recommended : • All equipment / fittings • A/G Product piping and allied fittings • A/G Product tanks • U/G Product tanks • Fire protection facilities i.e. fire water tanks, hydrant mains, monitors, etc. • Internal electrification • Structures • Buildings • Electrical – external yard lighting, cabling MCC etc. • Communication. The above is a standard sequence for dismantling, but for this particular tender above sequence is superseded by earlier conditions of dismantling in 3 phases as mentioned in special conditions above. 11.1. Demolition of Above Ground (AG) Tanks : There are fatal and serious accidents caused by persons entering confined spaces without the necessary tests being carried out and correct safety / rescue equipment being provided. It is therefore absolutely essential to ensure that product tanks are tested and certified gas free prior to starting of hot work. Following sequence shall be followed for dismantling of A/G tanks. a) Mechanical isolation of Tank by removing all pipe connections, fittings like Level Gauges, Dip hatch, PV Valves, Inter-tank catwalk (if any). b) Internal treatment and further dismantling. AG tanks shall be demolished preferably by reverse jacking method. For safe working, necessary scaffolds / platforms etc. shall be erected and proper access to them shall be provided. The steel plates cut from tank shall be lowered using safe hoisting devices having valid test certificates. Prevention of further use of steel plates which contained leaded gasoline for storage of edible products / drinking water, unless they are removed. While disposing of the steel plates obtained from product tanks, which contained leaded gasoline, it shall be ensured that they are not further used for storing edible product and drinking water, unless they are rendered completely safe. This could be ensured by the following methods. * By heat treatment of steel plates using flame cleaner. * By removing all scales etc. by abrasive blast cleaning using grits / shots.
38
If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and not reused for other operations. It should be disposed off along with the residue thus obtained as per practice followed for leaded sludge. All parties involved in handling the plates should be made aware of their origin and risks involved in view of leaded gasoline. Disposal of steel plates from tanks, which didn’t contain leaded gasoline Steel plates of other tanks, in which leaded products have never been stored, can be disposed off after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The responsibility of ensuring that the plates are completely safe for further use lies with the successful vendor. 11.2 Demolition of UG tanks Following sequence should be sued for the disposal of Underground tanks :
1. Mechanical isolation of Tank by removing all pipe connections, fittings like Level Gauges, Dip hatch, PV Valves etc.
2. All personnel involved in the removal and disposal of underground tanks should be aware of the potential hazards associated with— (a) flammable and/or combustible liquids; (b) product toxicity; (c) entry into confined spaces; and (d) entry into excavations.
3. Before start of any work on the UG tank, ensure that the copies of the tank cleaning certificates for the tanks are available. The same to be certified by the BPCL officer (or) authorized inspector from BPCL who is witnessing the demolition before the start of the work.
4. Open the manhole covers with the anchoring supports in place and if the tank is found to be filled with water, it will be necessary to dispose of the water in an environmentally safe manner.
5. After removal of the water from the tank, refill the tank with fresh potable water until the tank starts to overflow. Do not allow excess water to escape into the excavation and ensure the level does not rise into the vent pipe and submit the tank to excess static pressure.
6. Withdraw water until the level is again down to 150 mm below the top of the tank. Use only pumping equipment suitable for the purpose and collect all water for proper Disposal.
7. Allow the tank to settle for 2-3 hours and test the small vapor space with a gas detector and if the reading is below 5% of the LEL, then the tank may be emptied. If the same is found above 5%, remove the water from the tank . The disposal vendor may inform BPCL about the higher LEL readings and BPCL shall arrange to clean the tank further. No work shall be taken up on the tank in this case .Please note that the reading of the gas detector has to be witnessed by the BPCL officer (or) authorized inspector from BPCL.
8. If the reading of the gas detector is below 5%, the water may be removed and the cutting operations may be carried out.
For safe working, necessary shoring /shuttering /platforms shall be done and proper access shall be provided. The steel plates cut from tank shall be lifted using safe hoisting devices having valid test certificates.
39
Prevention of further use of steel plates which contained leaded gasoline for storage of edible products / drinking water, unless they are removed. While disposing of the steel plates obtained from product tanks, which contained leaded gasoline, it shall be ensured that they are not further used for storing edible product and drinking water, unless they are rendered completely safe. This could be ensured by the following methods. * By heat treatment of steel plates using flame cleaner. * By removing all scales etc. by abrasive blast cleaning using grits / shots. If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and not reused for other operations. It should be disposed off along with the residue thus obtained as per practice followed for leaded sludge. All parties involved in handling the plates should be made aware of their origin and risks involved in view of leaded gasoline. Disposal of steel plates from tanks, which didn’t contain leaded gasoline Steel plates of other tanks, in which leaded products have never been stored, can be disposed off after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The responsibility of ensuring that the plates are completely safe for further use lies with the successful vendor.
12. Product Pipelines : The pipelines can be disposed off after cleaning by sufficient water flushing. The successful vendor shall ensure that these pipes are not re-used for carrying edible products / drinking water unless they are rendered completely safe. All parties involved in handling the pipes should be made aware of their origin and risks involved. 13. General Safety regulations / precautions while carrying out dismantling works. The objective of this documents is to provide and establish safe-working practices at the work site of Bharat Petroleum Corporation Ltd. These summarized safety requirements are mandatory and should be fully understood both by the successful vendor and their employees. The contractual obligation for safety lies completely with the contractor himself. Further some additional safety requirements also can come up. In such an even, the successful vendor shall follow the more stringent regulation at all times. The successful vendor shall at his own expense arrange and comply with all safety provisions as stipulated by the Company / Bueuro of Indian Standards / the Electricity act / Factory act / OISD and other acts as applicable, in respect of all personnel, directly or indirectly employed for the work. The successful vendor shall ensure that he, his sub-contractor and workers employed by him shall comply with all fire / safety / heath regulations issued from time to time by the company. The successful vendor shall also be liable for any pecuniary liability arising on account of any violation by him of the safety requirements. Should any injury to people or loss or damage due to fire / or accident to any property or a portion thereof occur as a result of failure to comply with such regulations, the successful vendor shall be held responsible for the consequences thereof and shall keep the company harmless and indemnified.
40
Relevant Indian standard codes on safety : 1) IS:3764-1922-Excavation work-code of safety 2) IS:401 (Part1&2) – 1967 - Safety regulations for steel tubular scaffolding 3) IS:3696(Part 1)-1987-Safety code for scaffolds 4) IS:3696(Part 2)-1987-Safety code for Ladders 5) IS:7293-1974-Safety code for working with construction machinery 6) IS:3016-1982-Code of practice for fire precautions in welding and cutting operations 7) IS:4130-1991-Demolition of buildings-Code of safety 8) IS:5216(Part 1&2)-1982-Recommendation on safety procedures and practices in Electrical work. 9) IS:10667-1983-Guide for selection of industrial safety equipments for protection foot and leg. 10) IS:6994(Part 1)-1973-Specification for safety gloves:Part 1-Leather and cotton gloves. 11) IS:2925-1984-Specification for Industrial safety helmets 12) IS:3521-1983-Industrial safety belts and harnesses Working at Height : Working at height is one of the most hazardous construction operations. Utmost care is to be taken while working at height. * Working at height more than 2 Mtrs. Shall be done with suitable guard rails and toe board. Guard rail and toe board dimensions shall be same as given for scaffoldings. * While working at height 2 Mtrs. And above safety harness must be used. All openings must be boldly & clearly marked and properly barricaded. If cover is used it must be capable to bear the weight. * Proper crawling ladders must be used for sloping roof where tile battens are not strong enough to take the load. * For fragile roof crawling boards or roof ladder shall be used. * Openings / cut outs on floor / roof must be guarded with barricade / cover having capacity to withstand human load and clearly marked with colour and notice board. Using Ladder : * Only one person shall climb or descent from one ladder at a time. * It shall be secured at top and bottom and in addition one person should be present at the ground to hold the ladder as a second check. * If the ladder is used for carrying material as well, suitable foot holds and handholds shall be provided on the ladder. * The slope of the ladder shall not be too steep or flat (the ladder shall be given an inclination not steeper than 1 to 4 i.e. 1 horizontal to 4 vertical) to cause slipping or falling off and it shall rest on firm surface. * No portable single ladder shall be over 10 M in lengths, while the width between the side rails in ring ladder shall in no case be less than 30 cms. for ladder upto and including 3 Mtrs. in length.
41
* Ladder shall extend at least 1 M above landing place. * For longer ladders this width should be increased by at least by 6 mm for each additional 30 cms. of length. Uniform step spacing shall not exceed 15 cms. Rung of the ladder shall not be used for support or to tie, stiles or side members are meant for this. * Ladder shall not be hung from its rungs or from one stile as this tends to pull out the rungs. * Make sure that footwear is free from mud or grease etc. before climbing a ladder. * Ladder used shall be of standard material like wooden / steel and be sufficiently strong conforming to IS:3696-1991(Part 2). Scaffolding : Scaffolding can be defined as a temporary structure supporting one or more platforms and which is used either as a workplace or for storage of materials in the course construction work, including both for maintenance and demolition. * Scaffolding shall be provided for all works that cannot be safely done from the ground except such short period of work, as can be done safely from ladders. * Scaffolds shall be erected, altered or dismantled only by competent persons under proper supervision. * After erection, scaffolds shall be inspected at least once in a week and a written report on each inspection is kept. * The height above which scaffolding is mandatory is 2 Mtrs. * Scaffolding shall be of good quality Bamboo or steel tubular structure conforming to IS: 4014(Part I and II). * Scaffolds shall be designed for their maximum load and with a safety factor of at least 4 or as prescribed by the site-in-charge. * Scaffolds shall be provided with safe means of access, such as stairs, ladders or ramps. * Scaffold shall be tied or anchored to the building or structure at suitable intervals so as to prevent movement. * Joints in the scaffolds shall be tied up and clamped properly to avoid any slippage. * The upright members of the scaffolding shall be placed on firm and level ground and base plates at their feet shall rest on timber sole boards. All the uprights shall be kept equidistant and shall be connected and strengthened by ladders fixed on the inside of the uprights, for strength, joints in ladders shall be staggered. Transforms shall be set on top of ladders and at right angles to them and building structure. Bracing is essential to stiffen the scaffolds and prevent sideways movement and it should run diagonally from ladder to ladder or upright to upright. * Working platforms and gangways should rest squarely and evenly on transforms to prevent risk of trippling. Recommended width of it are : a) Not less than 60 cm if used as footing only. b) Not less than 80 cm if used also for stacking of materials c) Not less than 1.1 Mtrs. If used for the support of a treETLe platform.
42
* The provision of security guard rails and toe board at every point at which full height is more than 2 Mtrs. Shall be made. Guard rail height should be between 90cm and 115 cm and toe board should raise 15 cm above the working platform. * Suitable protection shall be made by providing debris netting against falling of materials. * Mobile tower scaffold – wheels should be locked when in use. * Static tower scaffold should not exceed 12 Mtrs. In height when free standing and above this height should tied * Height to base width ratio for static tower should not more than 4:1, 3.5:1 and 3:1 for indoor, outdoor and mobile tower respectively. *Safety harness should be used while working at height more than 2 Mtrs. * Scaffolding shall be physically checked for load carrying capacity occasionally. * Following BIS safety codes shall be referred for further safety precautions a) IS:3696-1987 PART I-Safety of scaffolding b) IS:3696-1991 PART II-Safety code for ladder c) IS:4014-PART 2-Code of practive for steel tubular scaffolding – safety regulations. Working Platform : Wherever possible, all works to be done at a height greater than 2 Mtrs. Above ground level must be performed from properly constructed and maintained working platform. Safe means of access shall be provided to all working platforms. Working platforms, gangways and stairways shall be so constructed that they shall not sag unduly or unequally. Every opening in a working platform shall be provided with suitable beams to prevent the fall of persons or materials. The working platform shall be : - Closely boarded - At least 60 cm wide if used only as a footing only, at least 80 cm wide if used also for stacking material, and at least 1.1 Mtrs. If used for the support of a treETLe platform. - Provided with tow-boards of minimum 0.15 Mtrs. in height. - Provided with hand rails not greater than 0.85 Mtrs. above toe-board. - Constructed as close to the structure or building as possible. Working on roof : People working on roof shall be properly protected by providing temporary railing/ hand rails / safety harness. Workers working underneath shall use helmets. Care shall be taken to prevent falling of material from top to adjoining area in slat roofs more than 10° safety belt shall be used and belt end fastened properly to a fixed object. Workmen shall not be allowed to work on slippery roofs.
43
Fragile materials such as wired glass, corrugated plastic sheeting and unreinforced insulating slabs etc. shall be identified and necessary precautions taken while working on them. People working on fragile roof shall be properly protected by providing two Crawling Bards or Roof ladders so that one is available to stand on while the other is being moved. Crawling Boards shall have cross batons atleast 32 mm. thick and not more than 380 mm. apart and shall be secured in position. Gas cutting : Adherence to relevant codes and employment of qualified workers are two basic requirements for gas cutting process. Hazards such as electricity, heat / flame, flammable gas etc. are present in this process. Hence following precautions must be followed while carrying these operations. * All fire precautions as stipulated in IS:3016 (Code of practice for fire precautions in welding and cutting operations) shall be followed while gas cutting operations) shall be followed while gas cutting. * Fire extinguishers, sand buckets, water and gunny bags shall be provided when hot work is in progress. Gas cylinders used for gas cutting. * Gas cylinders shall be of approved make * Gas cylinder valves shall always be checked and shall be closed when not in use. * Be stored in a well-ventilated area. * Be fitted with safety caps when not in use * Not be lifted by nozzle and rolled. * All gas and oxygen regulators shall be fitted with Flashback arrestors, being non-return valves designed to prevent and explosive mix developing in cylinder. * Checking for leaks shall be by means of soapy liquid applied to each joint and under no circumstances shall a naked flame be applied to any part of the cylinder. * When working at a height, do not place cylinders directly beneath the working area, as molten metal may fall in to the hoses, causing leaks and possibly igniting the gases. * The welder and any person working in close proximity, in order to prevent permanent damage to the eyes must wear suitable eye protection when not in use, electricity to the holder and electrode shall turned off. * Hose shall be in good condition, properly clamped as per specifications Welding cable shall have proper insulation with minimum number of joints. * All equipments shall be properly earthed, and cables properly insulated and connected. * LPG Cylinders, if used, should be stored / kept in a well-ventilated placed and there should be no excavations, drains or basements nearby. * LPG Cylinders should never be stored below ground level or closer than 3 M to cylinder containing oxygen or materials which are toxic and corrosive. * Cylinders full or empty should never to stored upright with the valve uppermost.
44
* The valve of empty LPG cylinders should be kept closed, if they are left open, air will diffuse into the cylinder and may form an explosive mixture. * BIS Code IS:3016-1982 on “code of practice for fire precautions in welding and cutting operations” shall be referred for further safety measures. Electrical work : Some of the basic safety steps to be ensured are given below. 1) Only authorised person shall carry out dismantling of electrical system. 2) Isolation of the electrical system before taking up the work must be ensured. 3) Before working on an electrical line fuse should be physically removed and the line is isolated and a suitable locking mechanism must be provided to prevent accidental switching / fixing fuses by other persons. A notice board displaying “Men at work” message should be placed. The section of circuit under repair should be connected to earth. 4) IS: 5216-1982 “Recommendations on safety procedures and practices in Electric Works” shall be referred for further safety measures. Working with machineries / Material handling equipments : Many accidents take place while handling materials at site. It is highly hazardous operation. Hence special attention by contractor is required in this respect. Following precautions are recommended. * Safe working space for all these equipments must be provided. Proper material stockyard should be made and all material should be staked / arranged / kept in orderly manner with proper moving space for handling machinery. * Proper warning boards / signs shall be provided when machineries like cranes hoists are being operated. * Brakes, clutches of winches shall be checked on regular basis. Chains, ropes belts shall be inspected and repaired / changed as necessary. * All moving part of the material handling equipment must be provided with suitable guards. * Lifting ropes should be inspected for kinking, loose wires, high strands, corrosion, nicking, lubrication, change in diameter / cross section. * Slings and other lifting materials which are not suitable for use should be promptly withdrawn and destroyed. * Lifting chains should be inspected for bent links, cracks in weld areas or any other section of link, trasverse nicks and gauges and corrosion pits. * Elongation of the lifting chain link due to over loading should be inspected before using it. * For lifting hook, if the throat opening exceeds 15% of the normal opening, it should be replaced. When inspecting the hook, measurement must be made between the shank and narrowest point of the hook opening. * A chain used for lifting should not be spliced by inserting a bolt between two links.
45
* Strain should not be put on a kinked chain. * Hammer should not be used to force a hook over a chain link. * A safety hook fitted with a latch to prevent displacement of loads should only be used for material handling / lifting. * IS:7293-1974 (Code of Practice for Working with Construction Machinery) shall be referred for further safety measures. Cranes : * All works involving the use of crane shall be properly planned in advance and the following shall be ensured. * The crane is capable of lifting the load. Safe load capacity should be clearly marked on jibs, winches, pulleys, slings and ropes. All job cranes should have an automatic safe load indicator which alerts the operator. * The condition of the ground at the crane location is satisfactory to support the crane and the load. * The rotation of the cab and, therefore the boom is not restricted-suitable matting or plates are available to protect underground services and paving. * All slings shackles, hooks etc. are of correct rating and in good condition. * Cranes and lifting equipments must be inspected and carry a valid test certificate issued by an accredited testing agency. * Crane hooks etc. are to be fitted with properly functioning safety clips to prevent displacement of the sling from the hook during the lift. * Driver of the crane must be watchful and must ensure before driving the vehicle either forward or reverse that no one is near the wheel of the vehicle and no one is trying to climb the vehicle while moving. * Crane operators and signalers must be over the age of 18 trained and sufficiently experienced. There should always to a signalman or a signaling system such as a telephone, if the crane operator cannot see the load throughout the lift. Hand signal shall be clear and distinct and shall follow recognised code or system. Workers must be use safety shoe and helmet. They are also required to wear gloves and other PPE for handling of some special materials. * Raising, lowering and braking of jib should not be done abruptly in order to prevent it from snapping. * All vehicles used by the contractor shall be in worthy conditions and in conformance to the land transport requirements. Cranes should be tested and examined by a competent person for its wear and tear. * No part of the crane or crane load should be closer than 4 Mtrs. to live overhead. * For movement of crane or other material handling equipment ramp gradient should not exceed 1 in 10. * No person should be allowed to stand or work under lifted load.
46
* All drivers shall hold a valid driving license for the class of vehicle to be driven. Manual Handling : Assistance should be obtained if the load is too heavy or awkward for manual handing. Clear walkway to the destination and safe stack should be ensured before handing the load manually. Following procedure should be followed while lifting the load manually. * Stand close to the load on a firm footing and with feet about 30 am apart. * Bend the knees and keep your back as straight as you can. * Take a firm grip on a load. * Breathe in and throw the shoulders backwards. * Straighten the legs & continue to keep the back as straight as you can. * Make sure that your view is not obstructed by the load. * Keep the load close to the body. * Lift slowly and smoothly. * When carrying the load, avoid twisting spine to run, move your feet instead. * One person should not be allowed to pull more than 63 kg. * The best weight unit for lifting by a worker is 18 kg. and hence should be fixed as upper limit of load to be lifted by worker. * If two or more workers are lifting, one should give instructions to ensure that the team works together. • Type of clothing is very important in manual handling of material. Clothing should be such that it allows easy movement of arms and will not catch in machinery or on a load. • The successful bidder of the said depot assets will assume full responsibility for demolishing and dismantling the said facilities and it’s removal from the corporation’s land ,whether through his own employees or through contract labour. It should also be a condition of the tender documents that consequent upon the sale of the said depot assets, the depot shall cease to be the corporation’s “establishment”, as that expression is defined in the Building and other construction workers act’1996,and if the successful bidder employs 50 or more building workers for the demolition of the said facilities, he as the “employer” in relation to the said establishment will ensure full compliance with the said act ,including section 44 & 45 thereof. Upon the cancellation of the factory license and the slump sale of the assets of the said depot, the storage and distribution of petroleum products is no longer carried on in the said facilities. The successful bidder or purchaser of the said depot assets, who demolishes the said facilities with the intention of selling the various items from the depot as scrap for his own benefit, cannot be regarded as a “contractor” as that expression is defined in the contract labour (regulation & abolition act,1970, Similarly, the workmen engaged by the successful bidder or purchaser of the said depot assets for carrying out the work of demolition, cannot be regarded as contract labour under the said act. In the circumstances, no sooner the property in the assets of the depot facilities is transferred to the successful bidder or purchaser, the corporation can not be regarded as the “principle employer”
47
under the said act, in as much as the Corpn. has ceased to continue the work of the establishment viz. The storage and distribution of the petroleum products in the concerned depot. • Under the Environment (protection) Act, 1986 read with Hazardous waste (management & handling) rules,1989, the “occupier” in relation to the depot facilities is obliged to ensure that all hazardous waste are properly handled and disposed of without any adverse effects which may result from such wastes and is also responsible for proper collection, reception, treatment, storage or disposal of these wastes either himself or through the “operator of the facility”. Since the corporation is governed by the said act and rules and highest bidder / purchaser of the depot assets is not the occupier generating hazardous, it is incumbent on the corporation to continue its practice namely handing over the site to the successful bidder, the product including the sludge / vapour and gas etc is completely removed as per the Company’s operating procedure. It may also be appreciated that the highest bidder/purchaser may fail to take any safeguards to protect his employees or the employees of a contractor engaged by him or the public at large from the toxic or poisonous effects of the residual sludge / vapour or gas.
ARBITRATION CLAUSE:
Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence, validity, construction, interpretation, application, meaning, scope, operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below : (a) The dispute or difference shall, in any event, be referred only to a Sole Arbitrator (b) The appointment and arbitration proceedings shall be conducted in accordance with SCOPE forum of Arbitration Rules for the time being in force or as amended from time to time (c) The Seat of arbitration shall be at Mumbai (d) The proceedings shall be conducted in English language (e) The cost of the proceedings shall be equally borne by the parties, unless otherwise Directed by the Sole Arbitrator.
![Bharat Petroleum |Oil & Gas Companies in India …...Bharat Petroleum Corporation Limited Welcome, x C:] 6:33 PM Bharat Petroleum Feedback & Rating](https://static.documents.pub/doc/80x56/5f0ecc287e708231d440fc95/bharat-petroleum-oil-gas-companies-in-india-bharat-petroleum-corporation.jpg)
