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T000003547_FileName_BHILAI FO Tender ... - Bharat Petroleum

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BHARAT PETROLEUM CORPORATION LIMITEDTERRITORY MANAGER (I&C), MUMBAI4 TH FLOOR, OLD ADMIN BLOCK,BPCL REFINERY, MAHUL, MUMBAI- 400074TEL NO: 022-2553 3452; 2552 4418. FAX NO. 022-2554 0486NOTICE INVITING e-TENDER <strong>FO</strong>R TRANSPORTATION FURNACE OILEX BPC’s <strong>BHILAI</strong> DEPOTTENDER NO. BPC/I&C/WR/02/<strong>FO</strong>/2012(Published on: 17.03.2012)<strong>Tender</strong> Name:Pre-Bid Meete-<strong>Tender</strong> for Road Transportation of Furnace Oil exBPC’s Bhilai Depot for deliveries (i) Within FDZ (ii)Within State & (ii) Outside State on Delivery Assistance(DA) Basis.Eligible tenderers are invited to a pre-bid meeting on23.03.2012 at 11 am at Conference Room, <strong>Bharat</strong><strong>Petroleum</strong> Corporation Ltd, Shaheed Veer NarayanSingh Marg, Commercial Complex, 1 st Floor, NagarGhadi Chowk, RAIPUR- 492 001 for clarifications on e-bidding process & tender conditions.e-Procurement System No. 8893Last Date for Submission 02.04.2012 at 2:00 pmof <strong>Tender</strong>:02.04.2012 at 2:30 pm<strong>Tender</strong> Opening on:Period of Contract: 2 years from the date of award of contract + Option forextension for 1 year on same terms & conditions at solediscretion of BPCL.Earnest Money Deposit Rs.1,00,000/- (Rupees One Lakh Only)(EMD)T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 1


BHARAT PETROLEUM CORPORATION LIMITEDTERRITORY MANAGER (I&C), MUMBAI4 TH FLOOR, OLD ADMIN BLOCK,BPCL REFINERY, MAHUL, MUMBAI- 400074TEL NO: 022-2553 3452; 2552 4418. FAX NO. 022-2554 0486NOTICE INVITING e-TENDER <strong>FO</strong>R TRANSPORTATION OF FURNACEOIL EX OUR <strong>BHILAI</strong> DEPOTTENDER NO. BPC/I&C/WR/02/<strong>FO</strong>/2012(Published on: 17.03.2012)E-bids are invited from eligible tenderers for Road Transportation of Furnace Oil exBPC’s Bhilai Depot for deliveries (i) Within FDZ (ii) Within State & (ii) Outside State onDelivery Assistance (DA) Basis.1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender.2. Please visit our website https://bpcl.eproc.in for participating in the tender and submityour bid online. For viewing / downloading the tender document, please visit our websitehttp://www.bharatpetroleum.in/tender/tender.asp3. The Bid consists of the following documents to be submitted on-line.a. Credential / Technical Bid (Un-priced)b. Price Bid4. Additionally, it is mandatory for the tenderers to submit the following documents inphysical form to the Area Manager (Industrial), Raipur in a sealed envelope* at thefollowing address:Area Manager (Industrial),<strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd,Shaheed Veer Narayan Singh Marg, Commercial Complex, 1 st Floor,Nagar Ghadi Chowk, RAIPUR- 492 001. (Ph. No. (0771) 2233512)Sr. No. ParticularsAttachment No.1 <strong>Tender</strong>er’s Covering Letter as per format Attachment-32 Irrevocable Powers of Attorney as per format Attachment-43 Affidavit for Attached Trucks on Rs. 100/- Stamp Attachment-5Paper as per format4 Details of relationship with BPCL Directors as per Attachment-6format5 Caste Certificate (wherever applicable) issued by Attachment-7Competent Authority as per format6 Undertaking as per format Attachment-88 Declaration by <strong>Tender</strong>er as per format Attachment-99 Attested acknowledged copy of the latest IncomeTax Return filed and the copy of PAN Card.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 2


10 Attested copy of previous 3 years audited annualreport i.e.2008-09, 2009-10, 2010-11.11 Attested copies of Trading License or CompanyRegistration Certificate.12 Attested copies of Partnership Deed or Certificate ofIncorporation.13 Attested copies of R C Book, Fitness Certificate,Route Permit and Insurance Certificate of all tanklorriesoffered.14 <strong>Tender</strong> Fee in the form of Demand Draft for Rs.1,000/- as per tender Para 2.1 point no. 3.15 EMD of Rs. 1, 00,000/- by way of Demand Draft asper tender Para 2.3.*the sealed envelope may be dropped in the <strong>Tender</strong> Box at the above address.5. The submission of online bid as well as submission of above physical documents shallbe upto 02:00 pm on 02 nd April 2012.6. Bids submitted after the due date and time of closing of tender (i.e. after 02:00 pm on02.04.2012) and / or not submitted in the prescribed format shall be rejected. BPCL doesnot take any responsibility for any delay in submission of online bid due to connectivityproblem or non-availability of site and/or other documents to be submitted in physical formdue to postal delay etc. No claims on this account shall be entertained.7. The schedule of Price Bid opening will be advised separately to the tenderers whoqualify in the credential / technical bid.8. Price Bid (to be submitted online) shall be opened only for those tenderers whosecredential bid / technical bid is found acceptable as defined in tender document.9. The online portion of the tender shall have to be submitted through the e-procurementsystem on https://bpcl.eproc.in.10. The tender document with detailed terms and conditions is also available on ourwebsite http://www.bharatpetroleum.in/tender/tender.asp but the submission of tender isallowed only through the e-procurement system on https://bpcl.eproc.in.11. As a pre-requisite for participation in the tender, tenderers are required to obtain avalid Digital Signature Certificate of Class IIB and above as per Indian IT Act from thelicensed Certifying Authorities operation under the Root Certifying Authority of India(RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such DigitalSignature Certificate shall be borne by the tenderer. In case any tenderer so desires,he/she may contact our e-procurement service provider M/s.C1 India Pvt Ltd., Mumbaiat the contact no. 022- 66865600 (10 lines) for obtaining Digital Signature Certificate.12. Directions for submitting online offers, electronically, against e-procurement tendersdirectly through internet:a. <strong>Tender</strong>ers are advised to log on to the website (http://bpcl.eproc.in) and arrange toregister themselves at the earliest.b. The system time (IST) that will be displayed on e-procurement (e-bid) web page shallbe the time considered for determining the expiry of due date and time of the tender andno other time shall be taken into cognizance.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 3


c. <strong>Tender</strong>ers 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 tochange /revise the bid already entered, he may do so any number of times till the duedate and time of submission deadline. However, no bid can be modified after the deadlinefor submission of bids.d. <strong>Tender</strong>ers submitting / uploading the on-line tender documents thru’ digitally signedcertificates shall be construed as their complete agreement with the terms & conditionsand that they have fully understood the tender documents.e. Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date /time of tender. Hence, no bid can be submitted after the due date and time of submissionhas elapsed.f. <strong>Tender</strong>ers shall submit price bids only through e-bidding and no physicaldocuments with respect to price bids should be submitted. In case tenderer submitssuch physical documents for price bids, the same shall not be considered.13. In case of any clarification pertaining to e-procurement (e-bidding) process, the vendormay contact M/s. C1 India Pvt Ltd., Mumbai (Helpdesk No. 022-66865600) or Mr. NitinSalvi (Mob.: 9322533730) or Ms. Deeksha More (Mob.: 9987719622).14. Please note that Corrigendum / Addendum to this tender, if any, shall be publishedonly on our websites http://www.bharatpetroleum.in/tender/tender.asp andhttp://bpcl.eproc.in15. BPCL reserves the right to withdraw or cancel this tender in full or in part at its solediscretion and without assigning any reason whatsoever at any time during the tenderprocess.Yours faithfully,For BHARAT PETROLEUM CORPN. LTD.,TERRITORY MANAGER (I&C), MUMBAIT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 4


TENDER NO. BPC/I&C/WR/02/<strong>FO</strong>/2012E-bids are invited from eligible tenderers for Road Transportation of Furnace Oil exBPC’s Bhilai Depot for deliveries (i) Within FDZ (ii) Within State & (ii) Outside State on DAbasis.1.0 COMPANY INTRODUCTION1) <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited (BPCL) is engaged in the business of refiningand marketing of petroleum products. This transportation tender seeks to move FurnaceOil from Bhilai Depot to various destinations efficiently to meet market/customer demand.2) BPCL invites the eligible tenderers to participate in this e-tender for RoadTransportation of Furnace Oil ex BPC’s Bhilai Depot for deliveries (i) Within FDZ (ii)Within State & (ii) Outside State.2.0 TENDER NO. BPC/I&C/WR/02/<strong>FO</strong>/2012BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise,invite Bids through e-tender under Two-Bid System for Road Transportation of FurnaceOil ex BPC’s Bhilai Depot for deliveries (i) Within FDZ (ii) Within State & (ii) OutsideState for a period of 2 (two) years, with option for extension up to 1 (One) more year at thesole discretion of BPCL and will be effective from the date of award of contract.2.1 TENDER DOCUMENTS:1) As a pre-requisite for participation in the tender, tenderers are required to obtain a validDigital Signature Certificate of Class IIB and above as per Indian IT Act from thelicensed Certifying Authorities operation under the Root Certifying Authority of India(RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such DigitalCertificate shall be borne by the tenderer. In case any tenderer so desires, he/she maycontact our e-procurement service provider M/s. C1 India Pvt Ltd., Mumbai (HelpdeskNo. 022-66865600) for obtaining Digital Signature Certificate.2) The tenderers having valid Digital Signature Certificate and Login ID can download thetender from the website (https://bpcl.eproc.in). The downloaded documents once readcarefully have to be uploaded by the tenderer under their Login ID duly certifiedwith Digital Signature Certificate, in token of acceptance of all tender terms andconditions there-in.3) <strong>Tender</strong>er shall pay Rs. 1,000/- (Rupees One Thousand Only) as <strong>Tender</strong> Fee byDemand Draft (Non-refundable) drawn on any Scheduled Bank payable at Mumbai infavour of M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted ina separate envelope along with the documents to be submitted in physical form as per thelist mentioned under Para 5.2 below.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 5


4) The tender documents can also be downloaded from BPCL website,http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed onlythrough the e-procurement system on https://bpcl.eproc.in.2.2 RATE SCHEDULE / ESTIMATED QUANTITY:1. Lowest rates for transportation of Furnace Oil ex BPC’s Bhilai Depot for deliveries (i)Within FDZ (ii) Within State & (ii) Outside State in Rs. per KL or Rs./KL/ RTKM (asapplicable) should be quoted by the tenderers. The Rates in the Price-Bid is to be quotedonly “on-line” & no physical document should be submitted.2. The estimated quantity of Furnace Oil to be transported and the estimated number oftank-lorries required is given in the Schedule-A enclosed. The schedule, however, givesonly indicative quantity and may undergo a change depending upon businessrequirement.3. The RTKMs to BPC storage locations as stated in the Schedule shall be onlyconsidered for payment of transportation charges for these locations. In case of additionof new depot location or for deliveries to a customer location during the tenure of thecontract, actual RTKMs shall be established by BPC and same shall be final andapplicable for payment of transportation charges. In case of change in RTKM for anylocation due to diversions, realignment of roads, etc., the same shall be revised uponverification by BPCL and the revised RTKM shall be applicable for freight payments.2.3 EARNEST MONEY DEPOSIT (EMD):<strong>Tender</strong>er shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per tender byDemand Draft drawn on any Scheduled Bank payable at RAIPUR in favour of BHARATPETROLEUM CORPORATION LTD. This should be submitted in a separate envelopealong with the Documents to be submitted in physical form as per the list mentioned underPara 5.2 below. Bids received without EMD shall be rejected.2.4 SUBMISSION OF TENDER:1) The tenderer should download the tender document from e-procurement system onhttps://bpcl.eproc.in and after carefully reading the same should be uploaded underhis/her login ID, as token of acceptance of all terms & conditions therein.2) The Bid consisting of the following documents to be submitted online @https://bpcl.eproc.ina. Credential / Technical Bid (Un-priced)b. Price Bid3) Additionally, it is also mandatory for the tenderer to submit the documents inphysical form as mentioned under Para 5.2 below, to Area Manager (I&C), Raipur atthe address given above. The envelope containing these documents should besealed with adhesive and super-scribed with the <strong>Tender</strong> No….”.4) The closing date & time for submission of online bids as well as submission ofdocuments in physical form is 02:00 pm on 02 nd April 2012.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 6


2.5 MINIMUM QUALIFICATION CRITERIAThe tenderer must offer minimum 1 (one) tank-lorries of minimum 16 KL capacity whichshould be owned by them and registered in their own name (i.e. Firm or Partner orProprietor or Director). The age of the offered tank-lorries should not exceed 15 years (oras specified by the MV Act / Rules in force) as on the date of opening of tender.2.6 SIGNING OF AGREEMENT:Each successful tenderer will have to sign an Agreement as per the draft attached asAnnexure-1, along with the tender document. The period of agreement with successfultenderer would be 2 (two) years w.e.f. from the date of LOI with an option on the part ofBPCL to extend the same by one (1) more year on same rates, terms and conditions.Further, Agreement would, however, be subject to the right of BPCL to terminate itprematurely as per clause 16 of the Agreement.2.7 LOCAL OFFICE:Outstation tenderer(s), should have a Contact Office at loading location within Ten (10)days from the date of award of Contract and the address of the same should be submittedbefore the contract/agreement is signed.2.8 RESERVATION:The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a halfpercent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all Indiabasis. The SC/ ST tenderers desirous of offering the Truck will have to participate in thetender and should fulfil all tender conditions. The SC/ ST tenderers will not be eligible forany price preference or relaxation of standards. There is no difference in EMD or anyother tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST aregiven in tender document.2.9 TENDER OPENING:1) The due date and time of opening of tender documents (technical documents submittedin e-bidding & documents submitted in physical form) is as specified in NIT, which is02.04.2012 at 02:30 pm at the following address:Area Manager (Industrial),<strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd.,Shaheed Veer Narayan Singh Marg,Commercial Complex, 1 st Floor,Nagar Ghadi Chowk, RAIPUR- 492 001.2) On-line credential / technical bids of only those tenderers shall be opened who havesubmitted physical documents as mentioned in Para 5.2 below. If any tenderer fails tosubmit the physical documents and / or submits incomplete documents, their on-line bidsshall not be opened and the bid shall be considered as rejected.3) <strong>Tender</strong>s received late for whatever reasons / without <strong>Tender</strong> Fee, EMD / submitted atthe wrong address / in open or stapled condition / incomplete in any other respect will notbe considered.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 7


4) <strong>Tender</strong>er or his/her authorised representative (duly authorised in writing by the<strong>Tender</strong>er) may witness the opening of tender on the scheduled date and time.5) The tenderer can also witness the tender opening through e-procurement (e-bid)system on https://bpcl.eproc.in.IMPORTANT:a. It is mandatory that, before closure of the tender at 02:00 pm on 02.04.2012, thetenderer should submit the documents in physical form as specified under Para 5.2 below.b. <strong>Tender</strong>ers shall submit Price Bids only through e-bidding and no physicaldocuments shall be submitted.2.10 OPENING OF PRICE BID:1) Price Bid (to be submitted online) shall be opened only for those tenderers whosecredential bid / technical bid is found acceptable as defined in tender document.2) The tenderers meeting minimum qualification criteria will only be considered foropening of price bids after evaluation of Technical bids of all participating and validtenders. After scrutiny of the technical bids, the eligible tenderers shall be notifiedregarding date, time and venue for the opening of price bids.3) The price bid will be opened only through the e-procurement system onhttps://bpcl.eproc.in.4) The price bids will remain valid for 180 days from the date of opening of the Price Bidunless extended by mutual consent in writing. The Corporation reserves the right toaccept or reject any or all the tenders in part or in totality, or to negotiate with any or all thetenderers, or to withdraw/ cancel/ modify this tender without assigning any reasonwhatsoever.3.0 SCOPE OF WORK:3.1 NAME OF TRANSPORTION WORK; LOCATION & PERIOD OF CONTRACT:1) The tenders are invited for transportation of Furnace Oil ex BPC’s Bhilai Depot fordeliveries (i) Within FDZ (ii) Within State & (ii) Outside State for a period of 2 (two) years,with option for extension up to 1 (One) more year at the sole discretion of BPCL and willbe effective from the date of issue of LOI.2) The period of contract shall initially be for a period of 2 (two) years and shall beextendable for further period of 1 (one) year at Corporation’s sole discretion at the samerates, terms & conditions.3.2 PARTICIPATION:(i) <strong>Tender</strong>ers are requested to view / download the tender document from the websitehttp://www.bharatpetroleum.in/tender/tender.asp or https://bpcl.eproc.in and go throughthe same carefully.ii) If it is found that the tenderer has applied although he/she was not eligible as perconditions laid down in minimum qualification criteria of this tender or has claimed benefitT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 8


of reservation on the basis of wrong documents or has given false affidavit/ informationincluding quoting wrong PAN number or has suppressed any material fact about trucksetc. 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 forthe same. In case of such cancellation, entire amount deposited against EMD/ securitydeposit amount shall be forfeited.4.0 TENDER GUIDELINES - TERMS & CONDITIONS:4.1 GENERAL:1) Relatives (as per list enclosed) of officer/s responsible for award and execution of thiscontract in BPCL are not permitted to quote against this tender. The tenderer shall beobliged 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 anyofficer in the State or Central Government, and who are working with the tenderer in theiremployment or are subsequently employed by them. Any violation of this condition even ifdetected subsequent to the award of contract, would amount to breach of contract ontenderers part entitling BPCL to all rights and remedies available thereof includingtermination of contract.2) The tenderer must offer minimum number of 1 tank-lorry of minimum 16 KL capacity,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 theowners of the lorry in the standard format.3) All rates quoted should be both in words and figures. In case of any difference betweenthe two, the rates quoted in words shall be considered as final and authentic. Also therates should be quoted in the same units as mentioned in the tender schedule.4) In case it is observed that all the tenderers or a group of tenderers have quoted incartel, BPCL reserves the right to reject some or all the bids of the tenderers who havequoted in cartel, without assigning any other reasons for the same.5) Rates quoted would be valid and binding on the tenderer for 180 days from the date ofopening of Price Bid unless extended by mutual consent in writing. During the validityperiod, 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 thetender is accepted and work awarded, the rates will be valid for the entire contractualperiod.6) BPCL reserves the right, at their sole discretion, and without assigning any reasonwhatsoever, to:a. Negotiate with any or all tenderer/sb. Distribute the work among Transporter(s)c. Reject any or all tenders either in full or in partd. Assign the offered and accepted trucks to any of the contracts and engage additionalTransporter/s trucks at any time without giving any notice whatsoever to the Transporter/salready appointed against this <strong>Tender</strong>.7) The tenderer should study all the operations/ local conditions at the loading/ unloadingpoint/s and route/s. <strong>Tender</strong>ers would be presumed to have acquainted themselves withthe working conditions existing at the location, before submission of the tender.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 9


8) <strong>Tender</strong>s not meeting the tender terms & conditions or incomplete in any respect or withany additions/ deletions or modifications are liable to be summarily rejected without anyfurther communication to the tenderers and decision of BPCL in this respect will be finaland binding.9) The age of the vehicles offered and taken in the contract shall not exceed 15 (fifteen)years as on date of opening of tender. In case the trucks offered by the tenderer attain theage of 15 (fifteen) years during the currency of the contract, the tenderer is bound toreplace such trucks within 15 days of such occurrence.10) The estimated quantity to be delivered given in tender document is indicative and issubject to change.11) BPCL reserves the right to induct additional tank-lorries, if required, from the existingtenderers at the finalised rates for any or all the destinations to meet additional demandfor Furnace Oil during the tender period.12) <strong>Tender</strong>er should submit all the details and enclosures as has been asked for in thetender form. In case any of the information is not applicable to the tenderer, "Notapplicable" may be written against such item. Not submitting any information/ enclosuresought for shall be a ground for rejection of tender.13) <strong>Tender</strong>er/his or her authorised representative may witness the opening of tender onthe scheduled date and time.14) The tank-lorries quoted in the tender should have all valid documents such asregistration certificates, fitness certificate, Insurance & Road Permit etc. and should meetall statutory requirements. The loading of the Lorries shall be done based on the RLW asendorsed on the RC book.4.2 EVALUATION / RANKING OF THE TENDERERS:1) This Public <strong>Tender</strong> is floated in two bid system i.e. technical bid & price bid. Initially, thetechnical bids will be opened on scheduled date and will be evaluated on the followingminimum qualification criteria of tenderer offering / quoting minimum 1 (one) tank-lorry of16 KL or higher capacity, which must be registered in the tenderer’s own name (i.e. Firmor Partner or Proprietor or Director), and should be available to BPCL for thetransportation of Furnace Oil ex Bhilai Depot.2) Price bids of only technically qualified tenderers, based on technical evaluation, will beopened on a notified date which will be communicated only to technically qualifiedtenderer.3) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’sexperience with them on their past performance.4) Ranking of the tenderers i.e. L-1, L-2 etc. will be done as under:(i) based on the rates quoted by the tenderers and ranked accordingly.(ii) to meet the requirement of tank-lorries; the L1; L2; L3 tenderers shall be allocatedtank-lorries in 80:20 (if L1 & L2) or 70:20:10 ( if L1,L2 & L3).T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 10


(iii) for a particular ranking, if tank-lorries offered are more than the requirement then thetank-lorries will be taken on proportionate basis with preference given to tenderer offeringmaximum number of owned tank-lorries.Note: While finalizing the allocation, the proportion of owned / attached tank-lorry will bemaintained at the ratio of 1:1 i.e. the maximum no. of attached T/lorries to be allocated willbe restricted to the nos. equal to owned tank-lorries offered.BPCL’s decision on allocation of tank-lorry shall be final and binding on all the Bidders.BPCL reserves the right to divide the work among successful bidders and BPCL’sdecision in this regards shall be final.5) <strong>Tender</strong>ers will be listed in ascending order as per their ranking. <strong>Tender</strong>er with minimumfinancial outgo to BPCL will be ranked L-1. <strong>Tender</strong>er with the next lowest financial outgowill be ranked L-2 and so on. The list will include all the technically qualified tenderers inthe ranking based on the rates quoted by the respective tenderers6) BPCL reserves the right at its sole discretion to reject unworkable/ unviable ratesquoted by tenderers. Such tenderers will be treated as disqualified and will be rejected.The decision of BPCL in this regard will be final and binding.7) At a particular ranking, trucks offered by technically qualified SC/ ST tenderers shallhave preference as per Govt. of India directives.4.3 EARNEST MONEY DEPOSIT (EMD):1) <strong>Tender</strong>ers should submit an EMD of Rs.1,00,000/- (Rupees One Lakh only) by DemandDraft drawn on any Scheduled Bank in favour of “M/s <strong>Bharat</strong> <strong>Petroleum</strong> CorporationLimited”, payable at Raipur in a separate envelope marked “EMD - <strong>Tender</strong> No.:BPC/I&C/WR/02/<strong>FO</strong>/2012” along with the physical documents as stated in Para 5.2below. <strong>Tender</strong> documents received without EMD shall be rejected.2) Cheques or request for adjustment against any previously deposited EMD/ pendingdues / bills / security deposits for other contracts etc. will not be accepted as EMD, andany tender with such stipulation will be treated as without EMD and shall be rejected.3) No interest shall be payable on EMD.4) EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / orrefuses to accept the LOI/ Work Order after acceptance of BPCL’s offer within theprescribed validity of the tender, or if the tenderer does not furnish the required securitydeposit, or if the tenderer is unable to position any or all offered truck/s within 15 daysafter the issuance of Letter of Intent/award of contract.5) EMD shall be refunded only after finalization of the tender.4.4 NEGOTIATIONS:1) The Corporation reserves the right to negotiate with any or all the tenderers. In such anevent, BPCL shall invite the tenderers for negotiations solely at tenderers cost.2) Only the proprietor of the firm or the legally authorized representative of the firm will beallowed to attend such negotiations, at their own cost, as commitments made and/ orclarifications given during the negotiations will be binding on the tenderer/s. He/ SheT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 11


should carry the necessary authorization to attend such negotiations and to hand over anauthenticated copy of the same to BPCL’s representative/s participating in negotiations.2) Originals of the documents submitted as copies and the documentation to substantiatestatements made in the tender document are to be produced for verification by the BPCLduring negotiations or at any other time at the discretion of BPCL.4.5 SECURITY DEPOSIT (SD):1) Successful tenderers will be required to furnish SD within 7 (Seven) days of issuance ofLOI/ Work Order.2) The security deposit shall be Rs.1, 00,000/- (Rs. One Lakh) per tank-lorry included inthe contract, subject to maximum of Rs.5, 00, 00/- (Rs. Five Lakhs), which shall bepayable in the form of Demand Draft drawn on any Scheduled Bank in favour of <strong>Bharat</strong><strong>Petroleum</strong> Corporation Ltd. and balance amount may be deposited in the form of BankGuarantee strictly in the specified Proforma, valid for a period of 6 (six) months beyondthe tenure of contract.3) Adjustment of EMD towards SD is permissible for the portion of SD payable by DD.Cash receipts for SD paid by DD will be issued by BPCL.4) Interest is not payable on SD.5) Any loss/ claim and/ or damage arising out of the performance of the contract would beadjustable against the SD. Any loss/ claims/ damages higher than SD will be recoveredfrom payments due to the Transporter under this contract or deposits made by orpayments due to the Transporter under any other contract with BPCL.6) Security deposit would be refunded after six months of expiry of the contract on writtenrequest from the Transporter and with surrendering of the original cash receipt, subject tofulfilling all terms and conditions of the contract. In the event of loss/ misplacement of thecash receipt of the SD, the refund would be made only after the transporter furnishes anIndemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriatevalue (at transporter’s cost), duly notarized.7) Successful tenderer will be entrusted with transportation work only after signing ofAgreement and payment of Security Deposit amount.4.6 CONTRACT PERIOD:Unless otherwise specified or agreed to, the contract shall be awarded for 2 (two) yearswith option for extension up to 1 (one) more year at the sole discretion of BPCL at thesame rates, terms and conditions.4.7 EXECUTION OF AGREEMENT:1) Successful tenderer/s will be required, before undertaking the contract, to execute theAgreement, within 7 (Seven) days of the date of issue of the LOI and should physicallyplace the trucks at the location as per call ups given by BPCL.2) <strong>Tender</strong>ers are advised to carefully scrutinize the specimen set of Agreements andForms attached with tender documents / downloaded from our website before submittingtheir tender.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 12


3) When the person signing the tender is not the authorized signatory, necessary originalPower of Attorney authorizing the signatory to act on behalf of the proprietor/ firm shouldbe produced before signing the agreement, and notarized copy of the power of Attorney ofthe person authorising should be submitted for the record of BPCL.4) Failure to execute the agreement and/ or furnish required Security Deposit within 7(seven) days of issue of LOI may render the tenderer liable for forfeiture of Earnest MoneyDeposit and termination of contract without prejudice to the rights of BPCL to recover thedamages under Law.5) All terms & conditions stipulated in the Notice Inviting <strong>Tender</strong>, Guidelines for <strong>Tender</strong>ers,<strong>Tender</strong> Terms & Conditions, Declarations, Agreement and other documents furnished withthe <strong>Tender</strong> and related correspondence shall form part of the contract.4.8 RESERVATION:1) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a halfpercent) for Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all Indiabasis.2) The members of SC/ ST desirous of offering the tank-lorries will have to participate inthe tenders floated by BPCL.3) The SC/ST members should fulfil all tender conditions, and will not be eligible for anyprice preference or relaxation of standards.4) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private LimitedCompany or Public Limited Company or a Cooperative Society, or any other, should haveall the partners or members of private / public / Cooperative firms belonging to the samecategory 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 recordpurpose.6) In the event of any of the members failing to submit the caste certificate as proof ofbelonging 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 mustalso belong to the same category, either SC or ST, as the case may be. In other words, ifthe tenderer is issued LOI/ Work Order under SC category, all the registered owners oftank-lorries offered / quoted against the particular LOI/ Work Order must also belong toSC.4.9 MISCELLANEOUS:1) The tenderer shall ensure that all the tank-lorries quoted / offered for the purpose ofFurnace Oil transportation shall be covered under valid National Permit/ State Permits asapplicable for all the destinations at their own cost.2) Where the loading/ unloading locations are situated and within the same State andsections where axle load restrictions are imposed, they shall supply trucks meeting axleload restrictions.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 13


3) The FDZ shall be considered as 50 RTKM distance ex Bhilai Depot.4) The trucks offered in the contract must comply at all times during the tenure of thecontract with valid permits, rules and regulations of Statutory/ Government authorities.5) No unsolicited correspondence/ queries will be entertained while the award of thetransport contract is under review/ consideration. BPCL regrets their inability to answerindividual queries6) If any of the information submitted by the tenderer is found to be incorrect at any timeincluding the contract period, BPCL reserves the right to reject the tender/ terminate thetransportation contract and reserves all rights and remedies available.7) Neither the tenderer nor the tank-lorries offered should have been blacklisted by any ofthe public sector oil companies.8) The contract is subject to compliance of MV Act, 1988, their provisions and also theState Motor Vehicle Rules, and subsequent notifications / amendments etc., by thetenderer9) The Corporation shall be free to take appropriate action including suspension of tanklorryfor any period / termination of the contract upon complaints of frequent shortages.10) The Transporters to furnish Transporters Legal Liability Insurance Policy against eachtruck. The policy should cover Riot and Strike clause and should be endorsed to BPCL.11) Online submission of tender document is a confirmation that the tenderers have fullyread and understood the terms and conditions of this tender and have accepted the samein toto.12) BPCL reserves the right to reject any or all the tenders without assigning any reasonswhatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenderssolely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, theopinion/decision of BPCL regarding the same being final and conclusive.13) The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “<strong>Bharat</strong> <strong>Petroleum</strong>Corporation Limited” in the appropriate context means <strong>Bharat</strong> <strong>Petroleum</strong> CorporationLimited, a Company registered under Companies Act, 1956 and having its registeredoffice at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successorsand assigns.14) In the event of discrepancy in tender conditions as stated in this tender document andthe on-line forms, the version of this tender document shall hold good.15) BPCL reserves the right to withdraw or cancel this tender in full or in part at its solediscretion and without assigning any reason whatsoever at any time during the tenderprocess.4.10 DUPLICATION OF CLAUSE:Whenever there is duplication of clause either in the terms and conditions or in theAgreement, the clause which is beneficial to BPCL, will be considered applicable at thetime of any dispute.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 14


5.0 GUIDELINES <strong>FO</strong>R TENDERERS5.1 GENERAL:1) This tender is for road transportation of Furnace Oil ex BPC’s Bhilai Depot for deliveries(i) Within FDZ (ii) Within State & (ii) Outside State on DA Basis.2) <strong>Tender</strong>ers shall log on to the e-procurement website https://bpcl.eproc.in and registerthemselves.3) The tenderer should download the tender document from e-procurement system onhttps://bpcl.eproc.in and after carefully reading the same should be uploaded under his/her login ID, as token of acceptance of all terms & conditions therein.4) The system time (IST) that will be displayed on e-procurement web page shall be thetime considered for determining the expiry of due date and time of the tender and no othertime shall be taken into cognizance.5) For any further clarification, please contact Area Manager (Industrial), Raipur at theaddress given above.For clarification on e-bidding process & tender conditions, a pre-Bid meeting shallbe conducted on 23.03.2012 at 11 am at Conference Room, <strong>Bharat</strong> <strong>Petroleum</strong>Corporation Ltd, Shaheed Veer Narayan Singh Marg, Commercial Complex, 1 st Floor,Nagar Ghadi Chowk, RAIPUR- 492 001. All eligible tenderers are invited to attend thePre Bid Meeting.6) Copies of Registration Certificate, route permits, certificate of Fitness, InsuranceCertificate etc., enclosed along with <strong>Tender</strong> Form must be self-attested by the proprietoror director/partner of the firm. The original of these documents shall have to be producedfor verification before the award of contract.7) This tender is in 2-bid system, comprising of Technical Bid and Price Bid.8) The tender document shall be obtained / applied by the party in its own name as thetender document is not transferable.9) The tender should be strictly in line with the terms and conditions. Any tender notconforming to the terms and conditions prescribed in the tender documents shall besummarily rejected.10) Counter terms and conditions from the tenderer shall not be accepted. Bids with suchcounter terms & conditions shall be rejected.11) All documents submitted in physical form should be initialled on each page and signedwith seal on the last page. Also, all corrections should be initialled. Overwriting on anytender document shall not be accepted10) <strong>Tender</strong> terms and conditions mentioned in the tender should be carefully studied. Theonline submission of tender by the tenderer under their Login ID is considered as a tokenof acceptance of the terms and conditions therein. <strong>Tender</strong>er should retain a copy of tenderdocument submitted online for his/her reference / record purpose.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 15


5.2 TECHNICAL BID:Submission of Technical Bid: Details of documents to be submitted on-line and in physicalform are as under:Sr. ParticularsNo.1 <strong>Tender</strong> Document along withAnnexure 1 to 5 under tendererLogin ID through e-procurementsystem on https://bpcl.eproc.in2 Particulars of <strong>Tender</strong>er as perAttachment-13 Particulars of Trucks offered as perAttachment-24 <strong>Tender</strong>er’s Covering Letter as perAttachment-35 General Irrevocable Power ofAttorney as per Attachment-46 Affidavit for Attached trucks on Rs.100/- Stamp Paper as perAttachment-57 Details of relationship with BPCLDirectors as per Attachment-68 Caste Certificate (whereverapplicable) issued by CompetentAuthority as per format inAttachment-79 Undertaking as per format inAttachment-810 Declaration by <strong>Tender</strong>er as perAttachment-911 Attested acknowledged copy of thelatest Income Tax Return filed andthe copy of PAN Card12 Attested copy of previous 3 yearsaudited annual report i.e. 2008-09,2009-10, 2010-11.13 Attested copies of Trading licenseor Firm’s Registration Certificate.14 Attested copies of PartnershipDeed or Certificate of Incorporation15 Attested copies of RC Book,Fitness Certificate, Route-Permit &Insurance Certificate of all tanklorriesoffered.16 <strong>Tender</strong> Fee by DD of Rs. 1000/- asper tender Para 2.1 point no. 317 EMD by DD of Rs. 1,00,000/- asper tender Para 2.3SubmissionOnline OnlySubmission ofPhysical Document OnlyT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 16


5.3 PRICE BID:1) <strong>Tender</strong>er shall submit price bids online only by e-bidding through e-procurementsystem on https://bpcl.eproc.in under their login ID only.2) Online bidding shall be conducted for the following categories of rates:Deliveries Unit of Measure (UOM) RateWithin FDZ Rs./KL Rate to be quoted in Rs.Per KLWithin State Rs./KL/KM Rate to be quoted in Rs.Per KL / RTKMOutside State Rs./KL/KM Rate to be quoted in Rs.Per MT / RTKM3) No physical document with respect to Price Bids should be submitted. In casetenderer submits such physical documents for Price Bids, the same shall not beconsidered.4) <strong>Tender</strong>ers should quote rates for all deliveries listed above. In case any tendererhas not quoted for all deliveries, their offer will not be considered.5) No responsibility will be taken by BPCL for any delay due to connectivity and availabilityof website.5.4 No guarantee shall be given by BPCL to any definite quantity of work to be entrustedto transporter. However, the quantities given in schedule are purely indicative without anyobligation to the company and cannot be made the subject matter of any claim at any timeeven if the quantities actually offered for handling during the period of contract aresubstantially less or more than estimated quantities indicated.****************************************************************************************************T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 17


SCHEDULE: ARTKM APPLICABLE TO EXISTING LOCATIONS EX <strong>BHILAI</strong> DEPOT; ESTIMATEDQUANTITY & TANK-LORRY REQUIREMENTLOCATIONSRTKM ex<strong>BHILAI</strong>DEPOTESTIMATEDTURN AROUNDTIME (DAYS)EXPECTEDQTY [MT]PER MONTHTANK LORRYREQUIREMENTA B C D ERaigarh 637 4 450 4Korba 528 4 250 2Gopalnagar 208 3 90 1Bhilai FDZ 1 100 1TOTAL 890 8Notes:1. The estimated quantity / tank-lorry requirement given in the schedule are only indicativeand are subject to change depending upon business requirement / demand for product atthese locations.2. The product demand varies significantly due to seasonality factor and as such, themovement of product is expected to get affected during certain months.3. The Company reserves the right to induct additional tank-lorries, if so required, to meetbusiness requirement for any or all locations.4. In case any new location / customers are added to the list during the tenure of contract,the actual RTKMs to such locations shall be established by the Company and the sameshall be applicable for payment of transport bills.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 18


Technical BidAnnexure-1FURNACE OIL TRANSPORTATION CONTRACT AGREEMENTTHIS AGREEMENT made ______________ day of ________ 2012 between <strong>Bharat</strong><strong>Petroleum</strong> Corporation Limited, a Company registered under Indian Companies Act, 1913/Companies Act, 1956 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate,Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant tothe context shall include its successors and assigns) of the ONE PARTAndM/S_______________________________________ a Proprietorship / Partnership Firm /Private Limited / Limited Company having registered office / place of business at___________________________ hereinafter called “THE CARRIER” or Carrier (whichexpression shall be deemed to include legal heirs and executors of the present constituents incase of firm or official liquidator in case of Company) of the OTHER PART.WHEREAS the Company is engaged in refining Crude oil and storing, distributing and sellingof the petroleum products and for this purpose require Tank Lorries for Road transportation ofFurnace Oil from their various storage points to customers / other storage points.WHEREAS the Carrier is engaged in the business of operating tank-lorries and are interestedin above transportation job of the Company.Now therefore, it is agreed between the parties as follows: -1. TANK-LORRY OFFERED IN CONTRACT(a) The Carrier shall provide the Company with _____ no. of tank-lorries for transportingFurnace Oil as per LOI / Work Order issued by the Company. The Carrier affirms that they arethe owner and / or sufficiently entitled to operate these tank-lorries throughout the Agreementperiod and these tank-lorries are not under Agreement with any other party and as such, theseTank Lorries shall remain under exclusive use with the Company throughout the Contractperiod.(b) Each of the tank-lorry shall be attached to Company’s Bhilai Depot as per LOI / WorkOrder issued by the Company. The Tank Lorry shall be required to carry Furnace Oil from thislocation to its upcountry storage locations / customer destinations as shall be instructed by theCompany from time to time.(c) The carrier defaulting for three consecutive occasions in placement of trucks / refusal totake load to the assigned destination within a period of three calendar months shall attractsuspension for a period of three months on Industry basis.(d) Any contracted tank lorry, if found to be taking loads from any other Oil Company withoutBPCL’s written consent even on ex MI basis during the pendency of the contract, shall beblack-listed and warning letters will be issued by the Corporation for the failure.2. AGE, CONDITION OF T/LS, T/L FITTINGS(a) The carrier shall ensure that the age of the tank-lorries offered should not exceed 15(fifteen) years during the contractual period. The Company shall have the right to removetank-lorries attaining the age 15 (fifteen) years during the contractual period and the CarrierT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 19


shall ensure replacement of such tank-lorries with replacement tank-lorry of age less than 15years within 15 days.(b) The Carrier shall ensure that Tank Lorries in the contract are always maintained in soundmechanical conditions and shall have all fittings as per the standards laid down by theCompany from time to time.c) The Carrier shall be responsible for ensuring that all fittings in the tank-lorry shall be ISImarked. Also, each tank-lorry shall carry one portable ISI marked 10 KGs DCP fireextinguisher in an easily accessible position away from the tank-lorry unloading facilities andone portable 1 KG CO2 / DCP / Approved equivalent fire extinguisher in driver’s cabin. TheCompany shall have the right to ask for additional fittings / equipments in the tank-lorry as perrequirement.d). The Carrier shall install the “position tracking system” (for e.g. Global Tracking SystemVehicle Tracking System, etc.) decided by the Company to track the movement of the tanklorryin all tank-lorries offered in the contract unconditionally and the cost of such equipmentshall be borne by Carrier. The Carrier shall be responsible for safety and maintenance of thisequipment and shall ensure that the same is always in working condition.(e) The Carrier shall provide (i) sealing arrangement & (ii) proper heating facility as specifiedby the Corporation in all tank-lorries offered in the contract.3. STATUTORY PROVISIONS, SAFETY, COMPANY RULES(a) The carrier shall conform to the statutory regulations like “Indian <strong>Petroleum</strong> Act”,“<strong>Petroleum</strong> Rules”, “Motor Vehicle Act” & PUC norms etc. as applicable from time to time. Inthe event of the contracted tank-lorry is found not meeting these provisions, the company shallbe free to initiate appropriate action as deemed fit.(b) The Carrier shall comply with all statutory provisions relating to his trade / business /profession including his own employees or employees engaged by the Carrier and BPCL shallnot be responsible for his omission or commission.(c) The Carrier shall ensure valid comprehensive insurance cover for the tank-lorry & its crewat all time during the tenure of the contract.(d) The carrier shall ensure that following mandatory requirements of the Company are met atall times during the tenure of the contract:i) Additional declarations are made in Emergency Information Panel.ii) All tank-lorries must be fitted with standard type retractable safety seat belts.iii) Bucket type adjustable seats shall be provided for the drivers & cleaner.(e) The company reserves the right to take appropriate action as deemed fit, if any of theabove safety requirements is not complied by the transporter during the pendency of thecontract.(f) The Carrier will ensure pasting/ display of advertisements on the Tank-lorry for display ofBPCL Brands as specified / provided by BPCL on regular basis.(g) The carrier shall ensure that the Crew of the tank-lorries in contract are trained underMotor Vehicle Act and their licences are endorsed by the RTO for having attended the training/ refresher courses in transportation of <strong>Petroleum</strong> Products / Hazardous goods.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 20


(d) It is agreed that the tank-lorries covered by this Agreement shall operate at the sole risk ofthe Carrier and in no case, the Company shall be held responsible for any loss or damagedone to / by the Tank Lorry while on the Company's work or parked in their premises oranywhere else.(e) The Carrier shall indemnify the Corporation against the consequences arising out oftheir or their employees/ agent’s default or negligence or violation or non adherence toMunicipal /State /Central Acts relating to the carriage of goods. Should the Corporation beheld liable for any loss, damage or compensation to their parties arising from or in relationto the transport operation under this agreement such loss, damage or compensation shallbe reimbursed by the Transporter(s) to the Corporation together with the cost incurred onany legal proceedings pertaining thereto. The Transporter(s) shall observe and complywith the requirements of the Minimum Wages Act, the ESI Act and all otherIndustrial/Labour legislations for the time being in force or may later be brought into forcegoverning the relationship between the employer and the employees and also undertaketo hold the Corporation indemnified against all claims, payments, losses that Corporationmay have to make or suffer on account therefore(f) The Carrier shall make their own arrangement for parking of their vehicle overnight and / orduring holidays.6. RATES / CHARGES / RTKMs / BILLINGS / TOLL CHARGES(a) The Company shall pay to the Carrier for the transportation work undertaken from theloading location and at the rates detailed in LOI / Work Order. This rate shall be valid for allroads and weather conditions and are calculated from loading location.(b) The above rates are subject to escalation / de-escalation as per formula given inAnnexure-2(c) (i) The Company shall reimburse the Octroi charges, if any levied on the product to theCarrier against production of original receipts.(ii) Entry / Transit / Bridge / Toll Tax paid by the Carrier for their tank-lorries while transportingpetroleum products under this Contract, if any, implemented after the date of the LOI shallonly be reimbursed by the Company against submission of original receipt.(d) The transport charges payable under this Agreement are based on shortest routeapproved by the Company on the round trip basis (called RTKM); a list of current RTKMsapplicable to storage points where subject tank-lorries are based are available with concernedstorage point. The Company shall, however, be entitled to revise these RTKMs from time totime, including retrospectively, which would be binding on the Carrier and the difference intransportation charges arising out of this revision, shall be recoverable / payable from the dateof Agreement or effective date of such revision, whichever is later.(e) The procedure for payment of transport bills and reimbursement of octroi charges, if anyprevalent in the Company from time to time would be binding on the Carrier.(f) The Company shall not guarantee any minimum billings / mileage or loads for any periodwhatsoever and as such, the Company shall not be responsible for their inability in offeringany load on any day or during any particular period and no idling charges etc. shall bepayable.(g) The Company shall endeavour to arrange unloading of the tank-lorries within reasonabletime. However, no detention charges etc. are payable if, for any reason if such unloading isdelayed at the receiving location.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 22


(h) The Carrier would provide consignment notes for each consignment loaded on a dailybasis to the loading location.(i) The Carrier would provide transportation bill to the base location for the consignmentcarried during the month, by 10th of the following month.(j) Company reserves the right to use the tank-lorries on their return trip based on Company'sown operational convenience / requirement for delivery of petroleum products. Payment insuch case would be made only to the extent of any additional distance covered beyond thenormal RTKM route for which the movement was undertaken.7. SECURITY DEPOSIT / BANK GUARANTEE(a) The Carrier shall deposit a sum of Rs. 1, 00,000/- (Rupees One Lakh only) per tank-lorryby way of DD drawn on any scheduled bank payable at Raipur in favour of the Company asSecurity Deposit. In case the carrier offers more than 1 tank-lorry, the SD amount shall bepayable by DD or Bank Guarantee for the balance amount a period of 3 ½ years which shallinclude inter alia the full period of the contract including the option period and additional sixmonths for due fulfilment of terms of this Agreement. This sum shall not bear any interest.(b) Company shall be entitled to adjust any sum due to it from the Security Deposit amountand / or any transport / other charges / dues pending for payment to the Carrier against anyother contract. The decision of the Company will be final and binding on the Carrier.8. UTILISATION OF T/LS(a) The Carriers will be responsible for loading and discharging of the tank-lorries. All theinstructions of the Company with regard to the same shall be binding on the Carrier.(b) Only the Crew of the Tank Lorry and authorized representative of the Carrier shall beallowed entry inside the Company’s loading / unloading locations.9. QUALITY & QUANTITY9(a) The Carrier shall be solely responsible for quantity and quality of the products received byhim for transportation and acknowledgement by any member of Crew of the tank-lorry or byany other authorized person of the Carrier by way of signing on the Challan or any otherDispatch Document shall be sufficient proof of acceptance of product quantity and quality bythe Carrier.(b) If any shortage in quantity and / or variation in quality of product is found at any stage afterthe tank-lorry leaves the Dispatch/ Storage location, the Carrier shall be responsible for suchshortage in quantity and / or variation in quality of product for whatever reason and theCompany shall be entitled to recover the cost thereof from the Carrier at the rate as decidedby the Company. This shall also apply in the event of accident, robbery, hijacking etc. of tanklorry.(c) In case of variation in quality, Company at its discretion may dispose-off the contaminatedproduct and recover all expenses / losses and cost of product in this connection asdetermined by the Company shall be recoverable from the Carrier. This shall be in addition toand without prejudice to the Company's right of termination of this Agreement as per clause16.(d) If any adulteration/contamination is established, the adulterated/contaminated productwill be disposed off at the Corporation’s discretion. All expenses/losses and cost ofadulterated/contaminated product in this connection as determined by the CorporationT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 23


shall be recovered from the transporter. Moreover, no freight payment for such trips will bemade to the transporter. In addition to the above, if any deliberate attempt for adulteration/contamination is established, action shall be initiated by the Corporation as per theIndustry Transport Discipline Guidelines.10. DELIVERY OF PRODUCT(a) The carrier and the crew of the tank-lorry shall be fully responsible for correct delivery tothe destination and return of all documents of the Company to the despatching location asrequired / instructed by the Officer of the Company.b) The Carrier shall ensure that the i) tank-lorry delivers the product to the consigneespecified; ii) the Crew has the correct delivery documents; iii) The tank-lorry follows the normal/ approved route from loading location to receiving location; iv) the tank-lorry maintainsaverage trip-time & v) the crew of the tank-lorry obtains signature with rubber-stamp ofrecipient on the delivery documents.11. TRANSIT LOSS(a) The Transporter(s) shall bear the loss of any of the Corporation’s products while intheir charge / custody, irrespective of the reason for such loss. The amounts payable tothe Corporation on this account and other incidental out-goings suffered by theCorporation shall be deducted from their bills/ adjusted against the Security Deposit.(b) The Transporter(s) shall operate their vehicles at entirely their own risk and theCorporation shall in no case be held responsible for any damage done to the vehicleswhile on the Corporation’s work or when parked in their premises. During the course oftransit the goods shall remain at the Transporter’s risk until the vehicle carrying the goodsreaches the destination as indicated by the Company. The Transporter alone shall beresponsible for any accident, damage or loss suffered in respect of the goods duringtransit.12. ACCIDENT OF T/L, LOSS OF PRODUCT, TRANSHIPMENT(a) In the event of a tank-lorry containing product meets with an accident en-route to thedestination, the Carrier shall immediately inform the Company and .the statutory authoritieslike Police, CCOE etc.(b) The carrier shall ensure security of product at the accident site until the rescue arrives.(c) In the event it becomes inevitable for the product in the tank-lorry to be transhipped intoanother tank-lorry, the carrier shall seek the Company’s permission to do so and arrange fortranshipment of product in another tank-lorry arranged by them at their cost and tranship theproduct in a manner which shall meet safety requirements in order to salvage the product andavoiding spillage of product.(d) The carrier shall transport the salvaged product to the despatch / receiving location or to alocation as advised by the Company at their cost. The carrier shall be fully responsible for thequality and quantity of the product and shall be liable for any loss on account of loss / shortageof product which shall be recovered from the Carrier.(e) Carrier shall be responsible for any damage or loss caused to the Company’s product orproperty by negligence or default of its crew, authorized representative or tank-lorry. This willalso include confiscation of Company's product delivered to the Carriers by any statutoryauthorities.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 24


13. SUB-CONTRACTING & CHANGE IN CONSTITUTION OF FIRM /OWNERSHIP OF T/LSIN CONTRACT(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with its right, title andinterest under this Agreement for any reason whatsoever, or change the ownership of / theirright on the Tank Lorries.(b) The Carrier shall not cause or allow any change in the constitution of its firm withoutobtaining the prior written consent of the Company.14. NON PER<strong>FO</strong>RMANCE, <strong>FO</strong>RCE MAJEURENeither party to this Agreement shall be liable for the non-performance of any of its obligationsunder this Agreement so far as such non-performance is occasioned by conditions of the forcemajeure. The Force Majeure means natural calamities like floods, earthquake and other actsof God and riots, etc. The affected party shall give the notice of occurrence of any suchcalamities within a period of 24 hours of occurrence of such calamities. The performance ofthe respective obligations of the parties under this Agreement shall be resumed as soon suchcalamities, which have resulted in the non-performance, cease to occur.15. DAMAGES TO CORPORATION’S PROPERTY / EMPLOYEE(a) The Carrier shall remain at all times liable to the Corporation for any loss or damagecaused to any building, plant, machinery or the property of the Corporation due tocareless, negligent, inexperienced act or default of the Transporter(s), his/their agents,representative or employees.(b) The Corporation shall be the sole judge as regards the quantum of loss or damageand it shall be entitled to deduct from the amounts payable hereunder to the Carrier’s thecost of repairs or the amount of loss or damages.(c) The Carrier shall be liable for any loss, any injury to Corporation’s employee/agentsdue to careless, negligent, inexperienced act or default of the Transporter(s), his/theiragents, representatives or employees.16. BLACKLISTING OF TRANSPORTER/TANK-LORRYThe Corporation reserves the right to black-list the transporter/ trucks which are suspectedto be indulging in any sort of malpractices or any other acts not conducive to the interestof the Corporation such as misbehaviour, dishonesty, disobedience, pilferage etc as pertransport discipline guidelines. Such trucks shall be suspended from the business withoutgiving any reasons and in all such cases no compensation shall be paid to the Carrier.17. TENURE OF CONTRACT, TERMINATION(a) This Agreement shall be valid for period of two years with effect from the date of award ofcontract with an option at the sole discretion of Company to extend the same up to 1 (one)year on same terms and conditions.(b) The Company reserves the right to terminate this Agreement by giving 60 days advancenotice without being liable to give any reason or pay any compensation.(c) The Agreement, terms & conditions of the contract shall be binding on the carrier from thedate of intention of award of contract is made to the party irrespective of the fact as to theactual date of execution of this Agreement and Deed.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 25


(d) Notwithstanding anything to the contrary contained hereinabove, the Company reservesthe right to terminate this Agreement forthwith upon or at any time after happening of any ofthe following:i) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt orgoes into liquidation whether voluntary or otherwise.ii) If attachment in execution of a decree is passed against the Carrier, its proprietor or any ofits' partners.iii) If road permits or statutory licenses / permissions granted to Carrier / its tank-lorries bytransport or any statutory authorities is cancelled or revoked.iv) If any of the information submitted by the Carrier in the tender is found false at any time.v) Breach of any of the terms or conditions of this Agreement by the Carrier.vi) If the Carrier commits or suffers to be committed any act which in the opinion of theCompany whose decision shall be final, is prejudicial to the good name / image of theCompany or its’ products or its services.vii) If the Carrier causes disruption in transportation of Furnace Oil the decision of Companywill be final and binding on the Carrier.viii) On the death or retirement of proprietor or any of the partners of the Carrier firm.However, in case, if Company does not exercise this option, the Agreement shall continue asbetween the Company and surviving / continuing partners of the Carrier. The legalrepresentatives of the deceased partner or the retiring partner himself shall be liable for all theobligation of the carrier incurred up to the date of death or retirement but shall not be entitledto claim from the company any portion of Security Deposit. Company shall account forSecurity Deposit to the surviving or continuing partners. The death or retirement of anypartners shall be notified by the Carriers to the Company in writing within 24 hours of suchdeath or retirement.ix) If the crew of the carrier commits any unsafe act such as rash driving, accident, nonadherence to safety guidelines and not using safety/protective equipments etc. within oroutside BPCL premises.x) If the Carrier, its proprietor or any partners or tank lorry crew misbehaves (abuse/ threat/assault/ manhandles) with the consumers/Dealers or with the employee of BPCL.18. ARBITRATIONAll questions, disputes and differences arising under or in relation to this Agreement shall bereferred to the sole arbitration of the Director (Marketing) of the Company. If such Director(Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred tothe sole arbitration of some other officer of the Company by such Director (Marketing) in hisplace, who is willing to act as such sole arbitrator. It is known to the parties herein that theArbitrator appointed hereunder is an employee of the Company and may be Shareholder ofthe Company. The arbitrator to whom the matter is originally referred, whether the Director(Marketing) or officer, as the case may be, on his being transferred or vacating his office orbeing unable to act, for any reason, the Director (Marketing) shall designate any other personto act as arbitrator in accordance with the terms of the Agreement and such person shall beentitled to proceed with the reference from the stage at which it was left by his predecessor. Itis also the term of this Agreement that no person other than the Director (Marketing) or theperson designated by the Director (Marketing) as aforesaid shall act as arbitrator. The awardof the Arbitrator so appointed shall be final, conclusive and binding on all the parties to theAgreement and provisions of the Arbitration & Conciliation Act 1996 or any statutorymodification or re-enactment thereof and the Rules made there under and for the time being inforce shall apply to the arbitration proceedings under this clause.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 26


19. JURISDICTION(a)The parties hereby agree that the court in city of Chennai alone shall have jurisdiction toentertain any application or any award/s made by the Sole Arbitrator or other proceedings inrespect 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 ofboth the parties and evidenced in writing duly signed by authorized representatives of both theparties.(c) All notices and other communications to be given under this Agreement by either party tothe other shall unless otherwise specifically agreed be given in writing by Registered Post orhand delivery against acknowledgement to the following addresses of the respective parties.TERRITORY MANAGER (I&C), MUMBAI4 TH FLOOR, OLD ADMIN BLOCK,BPCL REFINERY, MAHUL, MUMBAI- 400074Name of Carrier,:____________________________Address, ________ __________For BPCL:WITNESS:M/s. _____________________(Authorized Signatory)For CARRIERSWITNESS:M/s. ________________________(PROP. /PARTNER/DIRECTORS)Self attested passport size recent colour photograph of the Carrier (Authorised Signatories)T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 27


Technical BidAnnexure-2<strong>FO</strong>RMULA <strong>FO</strong>R WORKING OUT ESCALATION/ DE-ESCALATION INTRANSPORTATIONRATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OFHSD(A) Increase/ decrease in the transportation rate in Paise per MT per KM will be as per thefollowing formula:Increase / Decrease in 1 litre of HSD RSP at Raipur city in BPC R.P.O. (with followingclarifications)---------------------------------------------------------------------------------------------------------Q x 4Where Q represents notional capacity of a truck and it is taken as 15 MT and 4 representdistance (4 kms), which a truck can run with 1 lit of HSD (loaded or otherwise) for thepurpose of calculations.NOTE:1) The retail-selling price of HSD as on the date of opening of the tender will be the baseprice.2) The escalation / de-escalation of transportation rates will be allowed every quarter i.e.on 1st January, 1st April, 1st July, 1 st October etc.,3) Escalation / de-escalation shall be applicable as per increase / decrease in RSP (Retailselling price) of HSD, which will be the weighted average of the RSP of PGHSD duringimmediate previous month, and the new transportation rates arrived at on the above dateshall be applicable for subsequent month.4) Only the increase / decrease in RSP of HSD at Raipur in BPC R.P.O. shall beconsidered and the escalation / de-escalation factor shall apply.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 28


Technical BidAnnexure–31) Transport Agreement:TRANSPORT DISCIPLINE GUIDELINESa) All cases of malpractices and adulteration shall be dealt in accordance with theTransport Discipline Guidelines and these guidelines shall form part of TransportAgreement.b) All the clauses of the Transport Agreement enclosed shall be adhered to.c) Transporter shall give an undertaking at the time of agreement with the Company thattheir tank-lorries are not under agreement with any other Company including Oilcompanies other than BPC.2) All incidents of malpractices and adulteration are categorized as under:a) Deliberate attempt.b) Other causes3) Malpractices: Malpractices will also cover any of the following:a) Tampering with standard fittings of Tank Lorriesb) for pilferage of productsc) Diversion from specified route without any valid reasonsd) Exceeding trip time4) Deliberate attempta) Truck caught for having indulged in malpractices shall be immediately suspended bylocation-in-charge. However, an investigation shall be conducted as per the procedure ofthe Company and approval of the appropriate authority obtained before the tank-lorry isblack-listed.b) On investigation, if it is proved that the truck crew alone is responsible for themalpractice/irregularity, then that particular truck alone shall be blacklisted along with thetruck crew. However, if the investigation reveals the complicity of the owner of the truck,then the whole contract comprising the trucks belonging to the concerned transportersshall be cancelled and all trucks blacklisted along with the tank-lorry crew.c) The period of blacklisting a truck shall be of two years. However, the decision of liftingban on the concerned truck shall necessarily be taken who had originally blacklisted thetruck. Depending upon the seriousness of the offence, the tank-lorry may be bannedpermanently.d) A list of all such blacklisted / banned tank-lorries showing their registration nos. alongwith their Engine and Chassis Nos. shall be prepared and circulated to all Regions andother oil companies so that the trucks banned in one location/oil Company are notengaged by other locations/Oil companies.e) Locations shall maintain records of all such blacklisted/banned tank-lorries with allrelevant details in a register and exchange this information with other Oil Companies.5) AdulterationIn all cases of suspected adulteration of products in truck due to deliberate attempt bytransporter/truck crew or due to other causes and their subsequent confirmation by thelab, action against the transporter shall be initiated as under:T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 29


a) Disposal of contaminated product shall be as per advice from Quality ControlDepartment.b) Incidental expenses and any other expenses sustained by the Company for disposal ofthe contaminated product shall also be recovered from the transporter.c) No transportation charges shall be paid for the futile trip to the Customer or ReceivingLocation as well as for the subsequent trips for delivering the adulterated/ contaminatedproduct to the Company’s nominated location for disposal of the product.d) Action against the transporter for suspension/blacklisting of truck/s or termination oftransport contract shall be initiated as stipulated under clause (4) above.6) Other Causesa) In all cases of malpractices / irregularities for pilferage of the product where it is difficultto establish deliberate attempt on the part of the transporter/ tank-lorry crew, actionstipulated above under Deliberate Attempt, shall be initiated except suspension /blacklisting of truck. However, transporter shall be warned and asked to remove the crew.b) Action for disposal of the contaminated product and cost recoveries from thetransporter thereof shall be same as that under clause 5 above. However, in case ofaccidental contamination, decision for suspension /blacklisting of the tank-lorries shall bebased on the investigation report.7) Health Safety & Environment Requirementsa) All rules / regulations and statutory requirements shall be strictly followed by thetransporter and their work force i.e. drivers / cleaners at the work place and on the roadwhile transporting petroleum goods.b) Driver and cleaner shall wear safety belts while driving vehicle on the road.c) No truck shall be plied by the driver without cleaner, either on the road or at any workplace.d) The truck crew would not be permitted to enter the location premises without use of thePersonal protective equipment i.e. safety shoes, helmet, spectacles (wherevernecessary).e) Safety fittings, fitness conditions of vehicles to ply on road shall be checked by the crewof trucks before start.f) Safety procedures for unloading and loading of vehicles at the supply location as well asat the unloading location shall be strictly adhered to.g) It shall be mandatory for all drivers to undergo refresher training course.h) All drivers must have licenses duly endorsed by RTO certifying eligibility for drivinghazardous goods, and without above certification shall not drive any vehicle.i) All drivers and cleaners must undergo periodic health check for Blood pressure, sugar &vision.j) No driver shall drive the vehicle under ill health condition.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 30


Technical BidAnnexure-4(On Non-Judicial Stamp Paper as prescribed in the respective State)BANK GUARANTEE1) In consideration of <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited having its registered office at<strong>Bharat</strong> Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinaftercalled "The Company" having agreed to exempt M/S ____________________(Hereinaftercalled "the said Transporter(s)") from the demand under the terms and conditions of anAgreement dated ___________ made between _________________ theCompany______________ and the Transporter(s) ____________for (hereinafter called"the said Agreement") of the Security Deposit for the due fulfilment by the saidTransporter(s) of the terms and conditions contained in the said Agreement on productionof Bank Guarantee for Rs. _________ (Rupees ________________ only), We____________________(name of Bank) (hereinafter referred to as "Bank") at the requestof M/s ______________________ (Transporter) do hereby undertake to pay to theCompany an amount not exceeding Rs__________________(Rupees ______________only) against any loss or damage caused to or suffered or would be caused to or sufferedby the Company by reason of any breach by the said Transporter(s) of any of the termsand conditions contained in the said Agreement.2) We ______________ (name of the Bank) do hereby undertake to pay the amounts dueand payable under this guarantee without any demur, merely on a demand from theCompany stating that the amount claimed is due by way of loss or damage caused to orwould be caused to or suffered by the Company by reasons of breach by the saidTransporter(s) of any of the terms and conditions contained in the said agreement or byreason of the Transporter’s failure to perform the said Agreement. Any such demand onthe Bank shall be conclusive as regards the amount due and payable by the bank underthis guarantee. However, our liability under this guarantee shall be restricted to an amountnot exceeding Rs. _________________ (Rupees _________________ only).3) We undertake to pay to the Company any money so demanded notwithstanding anydispute or disputes raised by the Transporter(s) in any suit or proceeding pending beforeany Court or Tribunal or Arbitrator relating thereto our liability under this present beingabsolute and unequivocal. The payment so made by us under this guarantee shall be avalid discharge of our liability under this guarantee for payment there under and theTransporter(s) shall have no claim against us for making such payment.4) We______________ (name of Bank) further agree that the guarantee herein containedshall remain in full force and effect during the period that would be taken for theperformance of the said agreement and that it shall continue to be enforceable till all thedues of the Company under by virtue of the said Agreement have been fully paid and itsclaims satisfied or discharged or till the Company certifies that the terms and conditions ofthe said Agreement have been fully and properly carried out by the said Transporter(s)and accordingly discharge this guarantee. Unless a demand or claim under this guaranteeis made on us in writing on or before _____________ we shall be discharged from allliabilities under this guarantee thereafter.5) We _______________________ (name of Bank) further agree withthe________________ Company that the Company shall have the fullest liberty withoutour consent and without affecting in any manner our obligations hereunder to vary any ofthe terms and conditions of the said Agreement or to extend time of performance by thesaid Transporter(s) from time to time or to postpone for any time or from time to time anyT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 31


of the powers exercisable by the Company against the said Transporter(s) and to forbearor enforce any of the terms and conditions relating to the said Agreement and shall not berelieved from our liability by reason of any such variation or extension being granted to thesaid Transporter(s) or for any forbearance, act or omission on the part of the Company orany indulgence by the Company to the said Transporter(s) or by any such matter or thingwhatsoever which under the law relating to sureties would but for this provisions haveeffect of so relieving us.6) This guarantee will not be discharged due to the change in the constitution of the Bankor the Transporter(s).7) We ___________________ (name of the Bank) lastly undertake not to revoke thisguarantee during its currency except with the previous consent of the Company in writing.Dated____________________ day of ____________ 2011.For __________________________(Indicate name of the Bank)T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 32


Technical BidAnnexure-5(On a non-judicial stamp paper of Rs. 200/-as applicable on date and statute)INDEMNITY BONDThis Indemnity Bond executed on this ……………. day of …………… Two thousandeleven by M/s. …………………………. and having its registered Office at……………………………………………………… hereinafter called the said Transporter/s(which expression shall mean and include the partner or partners for the time being of thefirm and also include their or his respective heirs, executors, administrators, its successorsand assigns in law) in favour of <strong>Bharat</strong> <strong>Petroleum</strong> Corporation Limited, a Companyregistered under Indian Companies Act, 1913 having registered office at 4 & 6,Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY'(which expression unless repugnant to the context shall include its successors andassigns) of the ONE PARTAndM/S _______________________________________ a Proprietorship / Partnership Firm /Private Limited / Limited Company having registered office / place of business at___________________________ hereinafter called “THE CARRIER” or Transporter(which expression shall be deemed to include legal heirs and executors of the presentconstituents in case of firm or official liquidator in case of Company) of the OTHER PART.WHEREAS the Corporation has awarded transport contract to the said Carrier fortransportation of Furnace Oil for the period of 2 years effective from __________ andextendable for another one year at Corporation’s option on the same rates, terms andconditions as per contract agreement signed and WHEREAS the said Transporter hasoffered ………. Nos. of tank-lorries to the Corporation owned by the said Transporter and……………No. of tank-lorries attached to their firm but not owned by them and declaredunder their control as their own. Details of these tank-lorries are given in the list attachedto the said transport contract Agreement.AND WHEREAS the Carrier offers the aforesaid number of tank-lorries either owned bythem and/or declared by the Carrier claiming as their own or any addition of tank-lorriesmade subsequent to the award of contract and declared as (either owned directly orattached to the firm).AND WHEREAS the said Carrier has requested the Corporation to accept the said tanklorriesand the additional tank-lorries made available subsequent to the award of contract,offered under the requisition slip of the said Transporter and the said Transporter hasagreed to execute this Indemnity Bond.IT IS, therefore, the intent of the Indemnity Bond of M/s._________________ the saidCarrier to indemnify and keep indemnified the Corporation as stated hereinafter:1) The said Transporter hereby agrees and undertakes to abide by all the terms andconditions of the tender and the transport contract agreement and that the saidTransporter shall be solely and absolutely responsible and liable with regard to the saidtank-lorries and the additional trucks made available subsequent to the award of contractand keep the Corporation indemnified against any loss, damage, liability and/or third partyclaim, whatsoever, which the Corporation may suffer due to utilisation of the said tank-T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 33


lorries and the additional tank-lorries made available subsequent to the award of contract,not owned by the said Transporter.2) M/s. …………………………………., the said Carrier, hereby undertakes to indemnifyand keep indemnified the Corporation against all losses, damages and claims ofwhatsoever nature which may arise against the Corporation by way of utilisation of thesaid tank-lorries and the additional tank-lorries made available subsequent to the award ofcontract, due to accident, negligence of the driver / cleaner or other staff of the truck ordue to the truck operator getting involved in any criminal act of whatsoever nature and thesaid Carrier undertakes and hold himself liable and responsible for all these losses,damages and/or liabilities without involving the Corporation therein.3) M/s. ………………………………… , the said Carrier further undertakes to indemnifyand keep the Corporation indemnified against all suits, litigations / court proceedings,demands, claims or any action which may arise against the Corporation due to utilisationof the said tank-lorries and the additional tank-lorries made available subsequent to theaward of contract.4) Finally, M/s. …………………………….., the said Carrier undertakes that all the termsand conditions of the tender and transport contract agreement dated………………shall beapplicable and the said Transporter shall be liable as per these terms and conditions forthe utilisation of the said tank-lorries and the additional tank-lorries made availablesubsequent to the award of contract, offered to the Corporation in the same manner as ifthese trucks are owned by the said Transporter.SIGNATURE: …………………………..NAME:(Signed as Proprietor / Partner / Director)NAME & ADDRESS …………………………..OF THEIR FIRM ……………………………………………………………BE<strong>FO</strong>RE MEPUBLIC NOTARYT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 34


Technical bidAttachment-1Category: SC ST GENERAL(Please tick whichever is applicable)PARTICULARS OF THE TENDERERSr. No Particulars Please provide information here.1 Name of <strong>Tender</strong>er:2 a. Registered Office Address:b. Address for Correspondence:c. E-mail ID:3 Contact Details:Telephone No. :Mobile No.:4 Status of <strong>Tender</strong>er viz. Individual,Firm, (Proprietor, PartnershipLimited co. etc.)5 Name/s of Proprietor/Partners/Directors of the Company:6 Year of establishmentRegistration No.PAN No.7 Please provide previous 3 yearsannual turn-over in Rs. lakhs.2008-09:2009-10:2010-11:8 Whether the tenderer(Proprietor/Partners/ Directors ofthe Company) are related to (asdefined under Companies Act1956) any of Directors of BPC. Ifyes, please give details:9 Whether the tenderer is existingdealer / distributor of BPC. If yes,please give details.T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 35


10 Whether the <strong>Tender</strong>er hasprevious transportation experience.If yes, pl provide details as under:Name of the Oil Company:Contract Reference No.:No. of tank-lorries in Contract:Contract Validity:11 Whether the <strong>Tender</strong>er has everbeen black-listed by any OilCompany. If yes, please givedetails:Name of the Oil Company:Year of black-listing:12 Whether any litigation / court caseis pending against the tendererwhich may affect the tenderer’sobligation to this contract, ifawarded.13 No. of tank-lorries offered by thetenderer against this tender:Own tank-lorries:Attached tank-lorries:I / We confirm that the information furnished above are true and open for verification atany time.Name of Authorised Signatory:Signature of Authorised Signatory:Date / Place:T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 36


Technical BidAttachment-2<strong>FO</strong>RM – ‘B’STATEMENT TO BE FURNISHED BY TENDERER IN REPSECT OF OWN / ATTACHEDTANK-LORRIES OFFERED IN THE TENDER(Particulars to be filled by the tenderer)Name of the <strong>Tender</strong>er:________________________________________Sr No. 1 2 3 4 5T/L RegistrationNo.(as per RCBook)DateofRegistrationMake & ModelOwn or Attached t/lEngine No.Chassis No.Capacity of t/lOwner’s NameRelationship withthe tenderer:Affidavit furnishedby the Owner (Y/N)Age of t/l ( as on02.04.2012)Hypothecationdetails of the t/l:Whether the t/l isrunning in someother contract (Y/N)Whether the t/l hasbeen black-listedby any Oil Co (Y/N)*If more than 5 t/ls are offered, please use additional sheet.1. Please attach an attested photocopy of the RC Book of the each tank-lorry offered, bothowned & attached t/ls) in the tender.2. For attached tank-lorries, an affidavit from the Owner/s of the tank-lorry as per theformat provided must be attached in original.3. The tank-lorries offered should not be more than 8 years old as on the date of tenderopening i.e., 05.03.2012. Moreover, if any t/l offered in this contract completes 8 years,the tenderer must provide a replacement t/l as per the terms of the contract.This is to certify that the details as furnished by us have been verified and found correct.If any information is found to be incorrect, the contract awarded to us shall be liable to beT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 37


cancelled by BPCL and we shall be liable to pay to the Corporation such damages asCorporation may be put to due to termination of the contract.We also undertake that should there be any action against the Corporation on account ofaward of contract in our favour on the basis of misrepresentation, we shall keep theCorporation completely indemnified against all the losses/damages, litigation, court actionetc. This undertaking forms a part of contract agreement.The above certification is true and if subsequently any of above declaration is foundfalse or suppressed, action as deemed fit in respect of the tank-lorry or me as atransporter can be taken by BPCL.Signature: _______________________(Signed as Proprietor/Partner/Director)Name: _________________________Name / Seal of the firm: __________________________________DATE/PLACE: ____________________________________________________T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 38


Technical BidTENDERER’S COVERING LETTERAttachment-3FROM:M/s. ______________________________________________(Name and Address of the tenderer)To:Area Manager (Industrial),<strong>Bharat</strong> <strong>Petroleum</strong> Corporation Ltd.,Shaheed Veer Narayan Singh Marg,Commercial Complex, 1 st Floor,Nagar Ghadi Chowk,RAIPUR- 492 001.Dear Sir,Sub: FURNACE OIL TRANSPORT CONTRACT EX BPCL <strong>BHILAI</strong> DEPOT: TENDERNO. - BPC / I&C/ WR/ 02/ <strong>FO</strong>/ 2012.With reference to your subject tender, we confirm having carefully read and understoodvarious conditions / documents supplied with the tender.We confirm having participated in the e-tender and submitted the required documents online.We hereby submit the following credential / technical bid documents, duly completed in asealed envelope as per details given here under:Pl tick “Y – For Document enclosed; N – For Document not enclosed”.Sr.No.Particulars Attachment Enclosed1 <strong>Tender</strong> Document along with Annexure 1 to 5under tenderer Login ID through e-procurementsystem on https://bpcl.eproc.in2 Particulars of <strong>Tender</strong>er as per Attachment-13 Particulars of Trucks offered as per Attachment-24 <strong>Tender</strong>er’s Covering Letter Attachment-3 YES / NO5 General Irrevocable Power of Attorney Attachment-4 YES / NO6 Affidavit for Attached Trucks on Rs. 20/- Stamp Attachment-5 YES / NOPaper.7 Details of relationship with BPCL Directors. Attachment-6 YES / NO8 Caste Certificate (wherever applicable) issued by Attachment-7 YES / NOCompetent Authority as per format.9 Undertaking as per format Attachment-8 YES / NOT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 39


10 Declaration by <strong>Tender</strong>er Attachment-9 YES / NO11 Attested acknowledged copy of the latest IncomeYES / NOTax Return filed and the copy of PAN Card12 Attested copy of previous 3 years audited annualYES / NOreport i.e. 2008-09, 2009-10, 2010-11.13 Attested copies of Trading license or CompanyYES / NORegistration Certificate.14 Attested copies of Partnership Deed orYES / NOCertificate of Incorporation15 Attested copies of R C Book, Fitness Certificate,YES / NORoute Permit and Insurance Certificate of alltank-lorries offered.16 <strong>Tender</strong> Fee by DD of Rs. 1000/- as per tenderYES / NOPara 2.1 point no. 317 EMD by DD of Rs. 1, 00,000/- as per tender Para4.3YES / NOWe attach herewith the following DDs:1. EMD vide DD No._________dated _______drawn on ____________(Name of theBank) for Rs. 1,00,000 in favour of BPCL, payable at Mumbai.2. <strong>Tender</strong> Fee vide DD No._________dated _______drawn on ____________(Name ofthe Bank) for Rs. 1,000/- in favour of BPCL, payable at Mumbai.I am / we are authorized to sign this tender as Proprietor or as per Power of Attorneyissued by all other Partners / Directors as per Attachment-8.Thanking you,Yours Faithfully,Signature / Seal of the <strong>Tender</strong>er:Name and Address of the <strong>Tender</strong>er:Place / Date:T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 40


(On Non-Judicial Stamp Paper as prescribed in the respective State)GENERAL IRREVOCABLE POWER OF ATTORNEYAttachment-4We, the undersigned (1) Shri ________________________________ (2) Shri_________________________ (3) Shri ___________________ all residing at_________________ the Partners / Directors of M/s __________________________having its registered office at _________________________________ do herebynominate, authorize and appoint Shri __________________________________ & Shri_____________________ who are our Partners/Directors in the firm to act as attorneys ofour firm M/s ____________________ with full power and authority to exercise thefollowing powers or any of them on our behalf and on behalf of our firm:i) To sign, seal, execute, perfect and/or complete the tender document of transportation ofpetroleum products and also other relevant documents required by M/S__________________ Corporation Ltd. (hereinafter called The Company) in respectthereof.ii) To negotiate, enter into correspondence with the Company and do all and everythingnecessary suitable or proper with regard to the said tender for transportation of petroleumproducts.iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement and alland/or any other document, Indemnity Bond etc. required by the Company in connectionwith the said Transport Contract Agreement.iv) To do all acts, deeds, as may be necessary for and incidental to the execution ofproper performance of the said transport contract agreement with BPCL.We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever thesaid Shri. __________________, and Shri____________________ shall or may do orcause to be done in or about the said tender and the Transport Contract Agreement, theexecution and proper performance thereof by virtue of these presents.This Power of Attorney shall remain irrevocable till the validity period of ourquotation/Transport Contract Agreement / or refund of our Security Deposit whichever islater.In witness whereof, we have hereunto set and subscribed our hands at ____________this _________ day of ____________ Two thousand ______________.SignaturesSigned, Sealed and delivered by 1) Shri___________________ the within namedpartners/ 2) Shri___________________ Directors of M/S ______________________ 3)Shri___________________Before me.Notary public(Notary's Stamp)T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 41


Attachment-5(On Non-Judicial Stamp Paper of Rs. 100/- or as prescribed in the respective State)AFFIDAVITI/We _________________________, S/O Shri _______________________ resident of_______________________________________, do hereby solemnly affirm and declare asunder:1. That, I am / we are the owner/s of the following tank-lorry / tank-lorries:i)ii)iii)iv)v)Registration No. Chassis No Engine No. Make / Model2. That, the aforementioned tank-lorries are attached and shall remain attached withM/s____________________ (vendor name) till the validity of Transport Contract for FurnaceOil if awarded by M/s. <strong>Bharat</strong> <strong>Petroleum</strong> Corpn. Ltd in favour of M/s. ____________________(vendor name) .3. That, during the said contract period, M/s. _______________(vendor name) shall have fullrights of operating the said tank-lorry / tank-lorries and receiving consideration for suchoperation.4. That, I / We also declare that the tank- lorry/tank-lorries mentioned in Item 1) above are notin contract with any other Oil Company.DEPONENTVERIFICATION:Verified that the contents of the above affidavit are true and correct to the best of myknowledge and belief. No part of it is false and nothing has been concealed therein.DEPONENTVerified at ________________ on _____________.Notary PublicT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 42


Attachment-6DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS<strong>Tender</strong>ers should furnish following details in the Part A, B or C as applicable, as under:PART – A -Sole TraderPART – B- PartnershipPART – C- Company (Private / Public / Co- operative Society)PART – A(Applicable where <strong>Tender</strong>er is Sole Proprietor)1. Name:2. Address: Residence: Office:3. State whether tenderer is related to any of the Director(s) of BPCL YES / NO4. If answer is ‘YES‘ to Sr. No. 3, State the name of BPCL’s Director and <strong>Tender</strong>er’srelationship with him/her.PART – B(Applicable where the <strong>Tender</strong>er is a partnership firm)1. Name of the partnership firm responding the tender:2. Address:3. Name of partners:4. State whether any of the partner is a Director of BPCL: YES/NO*5. If “YES” to Sr. No. 4, State the name(s) of BPCL’s Director.6. State whether any of the partner is related to any of the Director(s) of BPCL: YES/NO7.If answer is “YES” to Sr. No.6, State the name(s) of BPCL’s Director and the concernedpartner’s relationship with him/her.PART – C(Applicable where the <strong>Tender</strong>er is a Public/Private Ltd. Co./Co-operative Society)1. Name of the Company responding to the tender:2. Address of: (a) Registered Office: (b) Principal Office:3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.4. Names of Directors of the Company/Co-operative Society5. State whether any of the Director of the <strong>Tender</strong>er/Company is a Director of BPCL: Yes/No6. If answer is ‘Yes’ to Sr. No.5, state the name(s) of the BPCL’s Director.7. State whether any of the Director of the <strong>Tender</strong>er Company is related to any of theDirectors of BPCL: Yes/No8. If ‘Yes’ to (7) state the name(s) of BPCL’s Director & the concerned Director’s (of thetenderer Co.) relationship with him/her.*Strike out whichever is not applicable.DATE / PLACESIGNATURE OF TENDERER:T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 43


Attachment-7SC/ST CERTIFICATEA tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes shouldsubmit in support of his claim a certificate issued within one year preceding the date of theopening for the <strong>Tender</strong> for transportation of Furnace Oil, in original, with a copy thereof, in theform enclosed from the District Officer or the sub-Divisional Officer or any other Officer asindicated 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 competentto issue such a certificate. If both his parents are dead, the officer signing the certificatesshould be of the district in which the tenderer ordinarily resides otherwise than for the purposeof his own education. The enclosed format is to be used for the purpose.----------------------------------------------------------------------------------------------------------------------------------------------Form of certificate to be produced by a candidate belonging to a Scheduled Caste orScheduled tribe in support of his claim.<strong>FO</strong>RM OF CASTE CERTIFICATE1. This is to certify that Shri / SMT / Kumari* son /daughter* of ……………………….of village /town* …………………in district / division*………………………of the State / UnionTerritory*………………… belongs to the ……………..caste / tribe* which is recognized asScheduled 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, TheState of Himachal Pr. Act. 1970; the North Eastern Areas (Reorganization) Act, 1971 andScheduled 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, 19782. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migratedfrom one State / U.T.:This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificateissued 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 / UnionTerritory*……………………..issued by the ………………………………….. (Name of prescribedauthority) vide their no. …………….dated…………………..3. Shri / SMT /Kumari*……………………….and/or his / her* family ordinarily reside(s) invillage / town………………… of………………………..District / Division of the State / Unionterritory of…………………………………..T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 44


Signature………………………Place………………………State/Union TerritoryDate……………………… 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 ofthe Representation of the Peoples Act, 1950.** List of authorities empowered to issue ScheduledCaste/Scheduled Tribe Certificates:1. District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/DeputyCollector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/TalukaMagistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1 stClass Stipendiary Magistrate).2.Chief Presidency Magistrate /Additional Chief Presidency Magistrate/Presidency Magistrate.3. Revenue Officers not below the rank of Tehsildar.4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides.5. Administrator/Secretary to Administrator/Development Officer (Lakshadweep Islands).---------------------------------------------------------------------------------------------------------------------------T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 45


Attachment-8UNDERTAKINGWe, hereby, declare as under:1. That the tank-lorries offered under this contract has not been withdrawn from any othercontract of BPCL.2. That the vehicles under reference are not running in contract with any other Oil Companyand not attached with any other Contractor/ Distributor and have not been withdrawn withouttheir prior consent.3. That the subject vehicles are not involved in any litigation other than routine cases of roadaccident or any violation of Motor Vehicles Act.4. That neither we as a transporter nor any of our offered tank lorry have been blacklisted sofar by any of the Oil Company.We further confirm that;1. The details as furnished by us are correct. We undertake to place the tank-lorries offered inthis tender, at the disposal of BPCL in case the contract is awarded in our favour.2. If any information is found to be false / incorrect, the contract if awarded to us shall be liableto be cancelled and we shall be liable to pay to the Corporation such damages as theCorporation may put to due to termination of the contract. We also undertake that should therebe any action against Corporation resulting in damages of whatsoever nature to Corporationon account of award of contract in our favour on the basis of the misrepresentations.3. We shall keep the Corporation completely indemnified against all the losses / damages,litigations, court action etc.Signature / Name of the <strong>Tender</strong>er: ___________________Name of the Firm: _____________________Address with seal: ________________________T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 46


Attachment-9DECLARATION ‘A’We declare that we have complied with and have not violated any clause of the standardAgreementPlace: Signature & SealDate:DECLARATION ‘B’We declare that we do not have any employee who is related to any officer of the Corporation/ Central / State GovernmentORWe have the following employees working with us who are near relatives of the officers of theCorporation / Central / State Government.Name of the employee; Name & designation of the officer of the Corporation /Central / StateGovernment:1. ________________________________________________2. ________________________________________________3. ________________________________________________4. ________________________________________________Place: Signature & SealDate:Strike off whichever is not applicable.DECLARATION ‘C’The <strong>Tender</strong>er is required to state whether he is a relative of any Director of our Corporation orthe tenderer is a firm in which Director of our Corporation or his relative is a partner or is anyother partner of such a firm or alternatively the <strong>Tender</strong>er is a private company in whichDirector of our Corporation is member or Director, (the list of relative(s) for this purpose isgiven overleaf)Place: Signature & SealDate:N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequentto signing the above declaration and the employee so appointed happen to be near relativesof the Officer of the Corporation/Central/State Government, the Contractor should submitanother declaration furnishing the names of such employees who is/are related to the Officer/sof the Corporation/Central/State Government.(Pl refer to the enclosed list of relatives)T E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 47


LIST OF RELATIVESA person shall be deemed to be a relative of another, if any and only if, i) He / She / They aremembers of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The oneis related to the other in the manner indicated below.1. Father2. Mother (including Step Mother)3. Son (including Step Son)4. Son’s Wife5. Daughter (including Step Daughter)6. Father’s Father7. Father’s Mother8. Mother’s Mother9. Mother’s Father10. Son’s Son11. Son Son’s Wife12. Son’s Daughter13. Son’s Daughter’s Husband14. Daughter’s Husband15. Daughter’s Son16. Daughter’s Son’s Wife17. Daughter’s Daughter18. Daughter’s Daughter’s Husband19. Brother (including Step Brother)20. Brother’s Wife.21. Sister (including Step Sister)22. Sister’s HusbandT E N D E R N O . B P C / I & C / W R / 0 2 / F O / 2 0 1 2 Page 48

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