T000002446_FileName_Tender document - ET ... - Bharat Petroleum

SPECIAL NOTES:1. e-Auction Website : https://bpcl.abcprocure.com2. Demo Auction to Bidders : 09.06.2010All participants are requested to participate at demo e-Auction to get acquainted with the e-Auction system. All qualifying participants will be given training on demo auction by M/s. e-Procurement Technologies Ltd.3. The Sale will be through e-Auction (online bidding) only.4. BPCL reserves the right to extend the closing time of the lot during the auction time as consideredappropriate.5. The starting bid price and minimum increment amount for the lot is indicated in the Annexure-H.6. BPCL also reserves the right to change the start bid price during the auction time and before closingtime if considered appropriate.7. Once bids are given during the online auction, the same cannot be revised downwards, which maykindly be noted.8. The starting bid price indicated in Annexure-H for the item is not the reserve price and it is not bindingupon BPCL to accept the quoted price, if the same does not match with the reserve price.9. Please note that the offers quoted should be valid for 45 days from the date of e-auction since thistime period is required for obtaining various internal approvals. Letter of Acceptance will be issuedonly after obtaining internal approvals and all efforts will be made to issue LOA within 45 days validityperiod. Therefore your offer should be firm and valid for 45 days.If any dispute is raised for any reason whatsoever, by the successful H1 bidder, the validity of his offerwill remain firm till the resolution of dispute which may be more than 45 days from the date of e-auction and their EMD shall be held during the period.10. BPCL reserves the right to seek extension of validity period from the H1 bidder, if required, due toexigencies.11. Parties interested to participate in the auction have to submit within due date and time the requiredEMD amount for the particular lot/s or NSIC certificate along with the Annexures (A, B, D, E, F,& H) stamped and signed on all pages, failing which their candidature for the auction may not beconsidered. Annexure H shall be submitted as such without mentioning price.12. The H1 and H2 bidders has to confirm their rate immediately after the completion of the e-auction (within two working days) by courier / fax in the format given in Annexure-C. The fulloffer document can be viewed, downloaded or printed at following website.

• https://bpcl.abcprocure.com• www.bpcltenders.inYour quote should be only for Basic Price per Unit. Taxes will be extra as applicable.LIST OF ANNEXURES(a) Annexure A – Instruction to the e-auction participants.(b) Annexure B – EMD Submission Details.(c) Annexure C – Confirmation of Bidding.(d) Annexure D – Bidding Procedure and Instructions.(e) Annexure E – General Terms and Conditions of Online Auction for Disposal of scrapmaterials.(f) Annexure F – Specific Terms and Conditions of e-Auction.(g) Annexure G – Form 27 C.(h) Annexure H – Details of items.(i) Annexure J – Contact Details of M/s. e-Procurement Technologies Ltd.

ANNEXURE – AINSTRUCTIONS TO THE e- AUCTION PARTICIPANTS1. For bidding at our e-Auction, the intending participants are requested to log on to our website,https://bpcl.abcprocure.com. Prior to the final auction all Tenders / Bidders are requested to readand familiarize themselves with the BIDDING PROCEDURE & INSTRUCTIONS as per Annexure – D,which should also be signed and stamped and sent along with Annexures A, B, E, F, & H, alongwith earnest money deposit (EMD) as applicable. Annexure – C to be submitted by the H1 and H2parties duly signed and stamped immediately after the e-auction confirming the lots and the ratesquoted by them, within two working days from date of e-auction.2. Please contact M/s. e-Procurement Technologies Ltd., Ahmedabad (Contact Information asmentioned in Annexure – J) for any assistance.3. All those who wish to participate in the e-Auction, should deposit their Earnest Money Deposit (EMD)by DD favoring Bharat Petroleum Corporation Ltd., (Kochi Refinery) payable at Ambalamugal orErnakulam along with Required Annexures, duly signed and stamped on all pages, to reach theoffice of M/s. e-Procurement Technologies Ltd. (ETL), or BHARAT PETROLEUMCORPORATION LIMITED (Kochi Refinery) Ambalamugal, before due date and time. The Tenderdocuments should be submitted in sealed envelopes duly super-scribing the TENDER NUMBERand DUE DATE. Tender Forms received after the due date will be rejected outright and such Bidderswill not be allowed to participate in the e-Auction and their DD will be returned to them throughCourier/Post at their own risk. Hence, in your own interest, you are requested to complete all theformalities to become Registered Participant in advance and well in time.4. Tender Form Fee of Rs. 500/- per form will have to be paid by way of demand draft in favour ofBHARAT PETROLEUM CORPORATION LIMITED (Kochi Refinery), payable at Ernakulam /Ambalamugal and drawn on any nationalized / scheduled bank. Only parties who have paidTender Form Fee will be allowed to participate in inspection of materials. Parties who downloadthe tender documents from the web-sites and do not participate in the site inspection shouldsubmit a separate Demand Draft for Rs.500/- towards tender document fee along with tenderdocument. Documents without tender document fee are liable to be rejected.5. EMD exemption is applicable only for those NSIC / SSI units who fulfill following conditions.(a) SSI units should be registered with National Small Scale Industrial Corporation (NSIC).(b) The unit should be registered for the item tendered for e-auction.(c) The monetary limit indicated in NSIC registration certificate should cover the value of item.(d) Registration certificate should be valid as on date of order.(e) Photostat copy of valid NSIC registration certificate duly attested by Notary, should besubmitted as support.(f) Registration with DGS&D will not entitle a Bidder to claim exemption from EMD.(g) Only parties satisfying all the above points will be considered eligible for EMD exemption andany offer not satisfying any one of the above criteria and seeking EMD exemption shallbe summarily rejected

6. Any party claiming exemption from payment of EMD, shall submit the copy of the currently valid NSICcertificate, duly attested by a notary along with the tender documents. Such parties should submit thecertificates to either ETL or BPCL (KR), Ambalamugal along with tender documents.7. On EMD receipt / NSIC Certificate, M/s. e-Procurement Technologies Ltd. will provide your User ID &Password by email, which is confidential and you have to confirm the receipt by return email, and onlythen it will be activated. This User ID & Password should not be disclosed to any other person.8. Any misuse of your User ID & Password without your knowledge will be at your risk and cost for whichBPCL / ETL will not be responsible.9. To participate in the e-auction, kindly login to https://bpcl.abcprocure.com and for detailed biddingprocedures & instructions, kindly refer to annexure “D”.10. Neither BPCL nor ETL will be liable for the delay or late receipt of DD, whether sent through courier /post, after the due date.11. The starting bid price and minimum increment amount for the lot is indicated in Annex-H12. During the online bidding process, BPCL reserves the right to change the starting price as consideredappropriate. Once the bids are posted during the online auction and the same is accepted, theycannot be revised downwards which may kindly be noted. Every bidder is under obligation to buy thematerial at that price offered and confirmed by BPCL failing which the EMD / other payments will beforfeited. This condition is applicable to all bidders. BPCL is at liberty to offer and / or sell suchmaterial to another party of its choice or even retain it. The EMD paid for an auction or an item maynot be adjusted and forfeited against non–compliance with the terms and conditions for another item.Terms & Conditions for all Participants / Bidders to the Online Auction, organized by M/s. e-Procurement Technologies Ltd on behalf of M/s. Bharat Petroleum Corporation Limited (KochiRefinery), Ambalamugal.13. The Auction will be organized only through Online Auction.14. Sale is on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS”. No complaint regarding Quality,quantity, or composition of the material will be entertained.15. Rights of participation will be for people who after inspecting the material pre-qualify themselves bypaying the EMD and who have not been previously blacklisted by BPCL (KR). Final decisionregarding participation will be with BPCL (KR).16. The quantity indicated in the list of Scrap Items is only an approximate quantity.17. Your bids must be only for Basic price per Unit. All taxes and other levies will be extra, asapplicable at the time of lifting the material.18. Successful Bidder has to deposit 100% of the value of the materials (including all taxes, duties, andlevies) for the lot by way of Demand Draft drawn in favour of BHARAT PETROLEUMCORPORATION LTD (Kochi refinery), within 15 days of the issue of Letter of award of sale.19. The Bidders cannot retract from their offer, under any circumstances, whatsoever. If done so,the EMD will be forfeited in case of parties who have submitted EMD.

transactions by business, revenues, profit, costs direct and incidental, consequential or punitivedamages of any claim. Both the parties agree to have discussed all the related matter regarding thistransaction and have understood in full that e-Procurement Technologies Ltd. has provided a sourceof supply and has nothing to do any further especially with regards to quality, warranty, guarantees,delivery schedules, payments, rejections, transportation, legal laws and regulations to be followedfrom time to time etc. Since e-Procurement Technologies Ltd. does not possess knowledge base ofthe commodities under transaction both the parties agree that the matter contained in the materials asa part or as a whole does not violate any applicable law.T. LaxmanDeputy General Manager (P & C S)

(On your letterhead with company seal and stamp with contact details)EMD Submission DetailsANNEXURE – BFrom:Date: ______________ToM/s. e-Procurement Technologies Ltd.B 705, Wall Street-2, Opp-Orient Club,Near Gujarat College,Ellis Bridge,Ahmedabad - 380 006.Dear Sir,Sub: EMD Submission Details against Disposal Tender: KGR/MTRL/30/ET-2/10.Please find herewith our Demand Draft in favour of Bharat Petroleum Corporation Ltd. (Kochi Refinery),payable at Ambalamugal or Ernakulam.Lot No. DD No. AmountEMD Exemption Details (if applicable):Please find below the Lots for which we may be allowed to participate in the e-Auction due to exemption asper the documents enclosed (as mentioned in Annexure – A (Clause No. 4)).Lot No.DescriptionWe also confirm the following:1. We hereby confirm that we have read and understood the terms & conditions of the e-Auction Saletender documents for all the lots and same are acceptable to us.2. We confirm that we have also physically inspected the materials and understood the scope ofmaterials and its condition and there are no deviations to the same as per the auction cataloguedetails and I accept all terms and conditions of the e-auction sale tender document in full.

3. We confirm that we have understood the steps for bidding in e-auction and would like to participate inthe mock online training to be conducted on 09.06.2010.4. We confirm that we will honour the bids placed by us during the actual e-auction.5. We also confirm that we will e-mail a scanned copy or fax the price confirmation of our final onlinequoted rate as per Annexure – C immediately after completion of e-auction, within two working days,followed by original price confirmation sent through courier.You are requested to issue our login-id and password on our valid & official email-id to enable us toparticipate in the e-auction.Thanking you,Yours truly,Signature(Complete Office Address)(Seal)

(On your letterhead with company seal and stamp with contact details)ANNEXURE – CLetter of Confirmation to be submitted by the bidder by fax/courier immediately afterthe e-auctionFrom:Date: __________________ToM/s. e-Procurement Technologies Ltd.B 705, Wall Street-2, Opp-Orient Club,Near Gujarat College,Ellis Bridge,Ahmedabad - 380 006.Dear Sir,Ref: Disposal Tender: KGR/MTRL/30/ET-2/10Sub: Confirmation of bidding at the e-Auction on behalf of BPCL (KR), Ambalamugal.We hereby confirm that we have participated in the above e-auction and our highest bid for the lot/s weparticipated was as under:LotNo.Highest Bid[Unit Rate] infigures.Highest Bid (Unit Rate) in wordsOur CST No. is ______________________________Our TIN No. is _______________________________Our PAN No. is ______________________________Thanking you,Yours truly,Signature(Seal)

ANNEXURE – D(on your letterhead with company seal and stamp with contact details)BIDDING PROCEDURE & INSTRUCTIONSDate: __________From:To,M/s. e-Procurement Technologies Ltd.B 705, Wall Street-2, Opp-Orient Club,Nr.Gujarat College,Ellis Bridge,Ahmedabad - 380 006.Dear Sir,Sub: Confirmation of bidding procedure at the e-Auction on behalf of BPCL, (KR)AmbalamugalSteps for Actual Bidding ProcedureGo to https://bpcl.abcprocure.comEnter “Login ID “and “Password”.1. When a bidder logs in for the first time for the particular auction, bidder has to agree to the Terms &Conditions. (Only after accepting the terms & conditions of the company you can bid).2. After accepting the terms you will be taken to the auction-listing page where you will be able to see allthe details about the auctions.3. Click on Auction Room link on the top of this page. This will take you to the Bidding Page. A separateWindow opens which is the Bidding room.4. Now Start Bidding. You can either Bid Manually OR can use Auto-Bid denoting ‘A’, the computer willbid on your behalf up to that value given by you.5. In the Manual Bid option, you can give your bid in the blank column available (highlighted with “PINK”background) against each ITEM and submit it every time. A bid confirmation pop up box will appear toconfirm the bid to be posted or not. This confirmation will be asked twice and if you confirm, byclicking yes, your bid will be posted. After it accepts, that will appear in “Your bid” column on the rightside screen of Bidding Room. Also the highest bid amount will be displayed in “Highest bid” column. Ifyou are the highest bidder at the time, “Your Bid” column will be highlighted with “Yellow” background.

6. Auto Bid facility is provided for bidders intending to place a maximum value for lot/lots. Auto bid is nota confirmed bid. It is only the maximum ceiling amount set by the bidder to enable the auction engineto place bids on his behalf, whenever he is out bided, up to the ceiling set by him. Once auto bid isset, the auction engine will consider the ceiling amount for the next possible Bid only, depending onthe highest bid prevailing at that point of time and the increment amount prescribed for that particularlot. Bidders may please note that in the event of a manual bid amount matching that of auto bid, themanual bid will prevail and the same will be considered. Also please note that the auto-bid facility willbe available only once for a particular lot and the value once entered in the auto-bid cannot be deletedor revised till the maximum ceiling amount is reached either by the auto-bidder or any competingbidder. Once the same is reached, the auto-bidder gets the manual control back after which he canbid manually if he decides to increase his price further.7. The bid of the highest bidder will also be displayed without the identity.8. There is an Auto Time Extension at the time of closing time. If a bidder posts his bid in the last 3minutes of the auction closing time, the auction will be extended automatically for further 3 minutesfrom the time of the last accepted bid. The end time for a particular lot will go on extending till there isno valid bid in the last 3 minutes of the auction closing time.I have understood the above-mentioned steps for bidding on M/s. e-Procurement Technologies Ltd.site https://bpcl.abcprocure.com and would like to participate in the Demo Online training auction forBPCL and also the online auction.SIGNATURE:NAME:RUBBER STAMP:VALID AND CONFIDENTIAL EMAIL ID: ___________________________________(Required as secure auto generated login/password will be mailed directly from our servers.)

General Terms & Conditions of Online Auction for Disposal of Scrap MaterialsANNEXURE – E1. All scrap material will be sold in “As is where is” condition and the awardee(s) / buyer(s) will have topay for and remove the entire materials on a CLEAN SWEEP basis. The materials will be availablefor inspection at the site on production of the tender forms to the Security / Officer or Staff on duty onthe date and time of inspection. Please ensure that you arrive at least half an hour before theinspection starting time for our security procedural requirements.2. Participation in the online auction will mean that the bidder has inspected the facilities (Materials) atsite and fully satisfied himself regarding the condition, sizes, accuracy numerically dimensionally etc.of the items available for sale.Starting Bid Price and minimum increment amount:3. The starting bid & minimum increment amount is mentioned in the Annexure-H. M/s. BPCL reservesthe right to revise the starting bid price for the lot if deemed fit during the auction event.(a) Minimum increment amount: during the bidding process the parties may quote at incrementsequal to or higher than the minimum increment price for the lot over and above the earlier bid. Thefirst quote should be more than the Starting bid price by at least minimum incremental value.(b) Starting bid price is based on the ‘UNIT’ of the lot mentioned. If the Unit is Lot basis, the partieshas to quote for the full LOT; if the unit is MT, the quotation should for “per MT”.(c) In the auction, the parties have to quote only the basic price per Unit, all taxes; duties will be extraas applicable.(d) As the items are put for disposal on ‘LOT’ basis, parties should inspect the material at the locationbefore bidding. No claim about the qty or quality of material will be entertained on a later date.4. BIDDER must specifically confirm that they accept the conditions of tenders by signing theundertaking that “I agree to abide by the terms and conditions of the disposal”. Name and address inblock letters along with telephone number if any should be given. Tenders without signature are liableto be rejected outright.5. Special Note: Bidders are requested to check the Bid Entry in words & figures beforeconfirming it. Wrong bidding (e.g. bid with an extra digit etc) will lead to forfeiture of EarnestMoney Deposit (EMD) and the lot will be re-auctioned and the bidder is liable to be barred fromthe future bidding if any.6. The cost of removal and transportation of items offered for sale and clearing the site including removalof debris to the satisfaction of the company’s representative at site, will be entirely to the successfulbidder’s account. The party shall bear the cost of loading, unloading, packing, carting to the vehicleetc.7. EMD: An Earnest Money Deposit as mentioned in the tender cover must accompany each tender.The required amount must be paid by any Nationalized Bank / Scheduled Bank Demand Draftdrawn in favour of “Bharat Petroleum Corporation Limited (Kochi Refinery)” payable at

Ambalamugal or Ernakulam duly crossed and super scribed “Account Payee only”. Tenderswithout a Bank Draft as above are liable to be rejected outright. Tenders accompanied by Cheque, asEarnest Money Deposit will not be accepted. No interest is payable for the Earnest Money Depositamount held by BPCL. The EMD of the highest bidder will be retained by us and will not be adjustedagainst the sale proceeds. The successful bidder will be advised the outcome of the tender by a “letterof acceptance” and his earnest money will be refunded on completion of the job to the full satisfactionof the company. The EMD of the H-2 bidder will be refunded within one month from the date of awardof the tender. The EMD of all other parties will be credited to the company account and will bereturned within 45 days after the e-auction, by way of fresh cheque issued by BPCL (KR),Ambalamugal.8. Security Deposit: Upon issuance of the Letter of Authority for the uplifting of the material tothe successful bidder (H1), the EMD amount will be treated as Security Deposit for theperformance of the contract.9. Refund of EMD: The EMD/Security deposit of the H1 bidder, upon completion of the disposalprocess in all respects to the satisfaction of the company will be refunded by way of local Chequeonly.Tax Collection at Source10. Successful party shall remit TCS @ 1% of the gross value, i.e., the total value inclusive ofbasic plus excise duty (if applicable) plus sales tax/VAT.11. TCS shall not be applicable to manufacturers, who submit declaration in Form 27 C, copy ofwhich is attached.12. TCS shall not be applicable for any item, for which it is mentioned as not applicablespecifically, in the item list.13. Sales Tax / Surcharge / Contingent deposit for sales tax, if applicable, as per prevailing Central / StateGovernment Acts / Rules will be entirely borne by the party and will be exclusive of the quoted salesprice.Payment of Sale Proceeds14. The successful bidder will have to pay the total amount in full, exclusive of earnest Money Deposit, ina single installment, within 15 days of the issue of the "Letter of Acceptance", failing which appropriateaction as deemed fit including cancellation of order/ forfeiture of EMD, will be taken against the bidder.The required amount must be paid by any Nationalized Bank / Scheduled Bank DD drawn in favour of"Bharat Petroleum Corporation Ltd, (Kochi Refinery)" payable at Ambalamugal or Ernakulam dulycrossed "A/C Payee only". No part payment is allowed.Letter of Authority15. Letter of Authority for uplifting the materials will be issued only after the realization of the DemandDrafts submitted towards sale proceeds and the amount cleared, transferred and credited to BPCL’saccount which may take 7 working days from the date of receipt of full payment by way of DD.

16. The items offered for sale will be handed over to the successful bidder by our representative at site onproduction of our "Letter of Authority" which will be issued after the total sale price including sales taxetc. is paid. The items will have to be removed and site cleared of debris etc., as per the schedule ofassets laid down in our "Letter of Authority". In the event the work is not completed within thestipulated date, the company reserves the right to take action against the party as deemed fit.17. The successful bidder or his persons working to remove the items will have to observe all safetyregulations in force and will not be allowed to carry lighters, matches inside the premises nor will beallowed to smoke. The Bidders should obtain suitable work permits and hot work permits wherevernecessary from the authorities at site. The work will be allowed to be carried out during working hoursonly. The work will be commenced only after obtaining necessary permission from the company'srepresentative. The men employed to carry out the work should observe the rules and regulationspertaining to employees working in the location.18. Any injuries to workers employed by the successful bidder during removal/transport of the items soldto him and any risks/liabilities (including under Workmen's Compensation Act etc.,) arising out of thesame will be the liability of the bidder and not of the company. The successful bidder will keep thecompany indemnified against all damages/claims arising out of the aforesaid. The successful biddershould also indemnify the company against all liabilities/demurrage claims arising out of noncomplianceby the bidder of all statutory requirements currently in force or made applicablesubsequently.19. Any damage to company's or third party's property during removal of the items will have to be madegood by the successful bidder at his own cost. The Company reserves the right to claim from thesuccessful bidder any expenses which might have been incurred by it over and above the EarnestMoney Deposit by way of restoring damages caused to properties belonging to the company or thirdparty by the action of the successful bidder or his representatives.20. Successful Bidder should not sell, transfer or assign the un-removed / un-dismantled materials to anyother party until the materials are removed from the premises of BPCL (Kochi Refinery).21. Bidders are cautioned/ warned against the use of pipelines/tanks/pumps etc. for carriage of DrinkingWater/Edible Oils/other Products, which have contained leaded gasoline at one time or other evenafter vigorous cleaning/sand blasting.22. Items once sold cannot be taken back or exchanged except when it is in the Company's interest.Should any successful bidder withdraw his bid either prior to our issue of acceptance letter orafterwards, we will be at liberty to resell the items to any person of our choice at the risk and cost ofthe original successful bidder. Any shortfall in the price received from such a resale, as compared tothe original offer will be recovered from the Earnest Money Deposit of the successful bidder. However,if the sale proceeds are more than the successful bidder's offer, he will not be entitled for anyincreased proceeds realized by the Company.23. The Company reserves the right to accept/reject any bid or to split the award of items from the tenderto suit their convenience without assigning any reasons whatsoever.24. C Form is acceptable as per applicable rules. Any party, quoting with “C” Form, shall submit the samealong with their payment for the material.25. Only the courts in Ernakulam shall have jurisdiction to entertain any application or otherproceedings in respect of anything arising under this tender or the contract.

Removal of Materials:26. It will be successful purchaser’s responsibility to produce the weighbridge certificate for each vehicleand each lot of material duly witnessed and attested by an authorized representative of BPCL (KR).27. In order to facilitate the Company to complete the transactions before 16.00 hrs, the goods should becollected before 15.00 hrs on any working day with prior appointment with the concerned Departmentwithin the stipulated delivery days.28. Should the original purchaser wish to take delivery of the scrap material through a representative, hemust authorize the latter by a letter of authority or continuing authority which shall be presented to theOfficer concerned. The Officer concerned may, at his entire discretion, decline to act on any suchauthority and it shall be for the purchaser to satisfy the Officer concerned that the authority is genuine.Delivery to such person shall be sole responsibility of the purchaser and no claim shall lie against theCompany on any account whatsoever, if delivery is offered to a wrong person.29. During the course of the removal of the scrap material if any damage is caused to the Company’spremises, installations or instruments, the buyer will be entirely held responsible to make good suchlosses. Till such period, the damage is repaired or compensated to the Company, no delivery of anylot/s purchased by the said bidder will be allowed.30. Lot sold on Accumulated / Arranged basis at the auction must be removed by the purchaser beforethe stipulated time.31. Once the goods / materials are taken out of the factory gate, purchaser will be solely responsible forall sort of claims like shortage, missing parts, damage, incident, accident, loss of material etc.32. BPCL (KR) will raise Letter of Acceptance, Letter of Authority and Invoices in the name of the originalpurchaser only.33. Only representative of the purchaser authorized by the Company will be allowed for the loading /handling of the scrap. However if the need arises for additional person, the same may be allowed onlyat the discretion of the BPCL (KR) Management.ARBITRATION34. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off ofthe Corporation against the Contractor or regarding any right, liability, act, omission on account of anyof the parties hereto arising out of or in relation to his agreement shall be referred to the soleArbitration of the Director (Refinery) of the corporation or of some officer of the Corporation who maybe nominated by the Director (Refinery). The Contractor will not be entitled to raise any objection toany such arbitrator on the ground that the arbitrator is an Officer of the Corporation or that he hasdealt with the matters to which the contract relates or that in the course of his duties as an Officer ofthe Corporation he had expressed views on all or any other matters in dispute or difference. In theevent of the arbitrator to whom the matter is originally referred being transferred or vacating his officeor being unable to act for any reason, the Director (Refinery) as aforesaid at the time of such transfer,vacation of office Or inability to act may in the discretion of the Director (Refinery) designate anotherperson to act as arbitrator in accordance with the terms of the agreement to the end and intent thatthe original Arbitrator shall be entitled to continue the arbitration proceedings not withstanding his

transfer or vacation or office as an Officer of the Corporation if the Director (Refinery) does notdesignate another person to act as arbitrator on such transfer, vacation of office or inability of originalarbitrator. Such persons shall be entitled to proceed with the reference from the point at which it wasleft by his predecessor. It is also a term of this contract that no person other than the Director(Refinery) or a person nominated by such Director (Refinery) of the Corporation as aforesaid shall actas arbitrator, hereunder. The award of the arbitrator so appointed shall be final conclusive and bindingon all parties to the agreement subject to the provisions of the Arbitration and Conciliation Act, 1996or any statutory modification or re-enactment thereof and the rules made there under for the timebeing in force shall apply to the arbitration proceedings under this clause.35. The arbitrator shall have power to order and direct either of the parties to abide by, observeand perform all such directions as the arbitrator may think fit having regard to the mattersin difference i.e. dispute before him. The arbitrator shall have all summary powers and maytake such evidence oral and/or documentary, as the arbitrator in his absolute discretionthinks fit and shall be entitled to exercise all powers under the Arbitration and Conciliation Act, 1996including admission of any affidavit as evidence concerning the matter in difference i.e. dispute beforehim.36. The parties against whom the arbitration proceedings have been intimated, that is to say theRespondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim or set offbefore the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreementwithout seeking a formal reference of arbitration to the Director (Refinery) for such counter-claim,cross or set off and the Arbitrator shall be entitled to consider and deal with the same as if the mattersarising there from has been referred to him origin and deemed to form part of the reference made bythe Director (Refinery).37. The arbitrator shall be at liberty to appoint, if necessary any accountant or engineers other technicalperson to assist him and to act by the opinion so taken.38. The arbitrator shall have power to make one or more awards whether interim or otherwise in respectof the dispute and difference and in particular will be entitled to make separate awards in respect ofclaims or cross-claims of the parties.39. The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party insuch manner and to such extent as the arbitrator may in his discretion detent and shall also beentitled to require one or both the parties to deposit funds in such proportion to meet the arbitratorsexpenses whenever called upon to do so.40. The parties hereby agree that the courts in the city of Ernakulam alone shall have jurisdiction toentertain any application or other proceedings in respect of anything arising under agreement and anyaward or awards made by the Sole Arbitrator hereunder shall be in the concerned courts in the city ofErnakulam only.Termination of Contract41. The Company reserves the right to terminate the contract at any time by giving three days notice onthe following grounds:• Unsatisfactory execution or performance of the contract by the Purchaser.• For improper behavior of the Purchaser or breach of the terms and conditions of the contract.

• The Purchaser shall not be entitled to resell any lot or part of a lot while the goods are still lyingwithin the premises of the Company and no delivery would be effected by the Company to anyperson other than the Purchaser whose names are mentioned in the delivery order.• The Company will in no way be responsible for any accident, damage or injury to the contract’sworkman or equipment while on BPCL site premises.T. LaxmanDeputy General Manager (P & C SAccepted the above terms and conditions.Date: ___________ Signature: ___________________ Seal:

ANNEXURE – FSPECIFIC TERMS & CONDITIONS OF e-Auction1. In the case of scrap disposal, only one Letter of Award of Sale for the entire quantity of the materialmeant for disposal will be given to the successful bidder.2. Any party, seeking exemption from payment of EMD, as SSI units, shall comply with all the followingconditions to be eligible for exemption:(a) The SSI unit should be registered with National Small Scale Industrial Corporation Ltd.(b) The unit should be registered for the item tendered.(c) The monetary limit indicated in NSIC registration certificate should cover the value of the itemstendered.(d) Registration Certificate should be valid as on date.(e) Photostat copy of valid NSIC registration certificate duly attested by a notary should besubmitted in support.(f) Only parties satisfying all the above points will be considered eligible for EMD exemption andany offer not satisfying any one of the above criteria and seeking EMD exemption shallbe summarily rejected.3. All taxes including sales tax or other levies entailing on transaction under any provincial, local orcentral statute in force for the time being or enforced hereafter & having its impact on the transactionwill be to bidder’s account and shall be deposited by them along with the cost of materials.4. The rates of sales tax/ surcharge indicated in the tender documents are the current rates. However,whatever rate of excise duty/sales tax/other levies if any be assessed/ applicable on the date ofactual removal/lifting of materials shall be paid by the buyer(s).5. The buyer(s) will be responsible to comply with provisions of Central & State, Excise/ Sales Tax Act ofconcerned state and rules framed there under and also by the order or instruction issued on thisbehalf by the appropriate authority.6. For interstate transactions, “C” Form is acceptable, if applicable. However, all the parties quotingbased on “C” Form will have to specify the same in the tender documents submitted at the time ofregistration and shall submit the “C” Forms along with the payment for the material, at BPCL (KR),Ambalamugal.7. In the event of any dispute with regard to sales tax/Excise duty and any additional charges, if any,payable as per rules/Act, such duties/charges shall be payable by the buyers. Any penalty imposed bythe Sales Tax/Excise authorities for non-compliance of procedure by the buyers shall be borne bythem.

8. Your offer should be valid for 45 days from the date of the e-auction. If any dispute is raised forany reason whatsoever, by the successful H1 bidder, the validity of his offer will remain firm till theresolution of dispute which may be more than 45 days from the date of e-auction and their EMD shallbe held during the period.T. LaxmanDeputy General Manager (P & C S)Accepted the above Terms & Conditions:Date: ________________SIGNATURE & SEAL:

ANNEXURE – GFORM NO. 27C[See rule 37C]Declaration under sub-section (1A) of section 206C of the Income-tax Act, 1961 to be made by a buyerfor obtaining goods without collection of tax.PART II/We* _______________________________,*son/daughter/wife of ________________, resident of (at__________________________________________, do hereby declare:1. that *my/our present occupation is _________________,2. that _________________ [nature of the goods referred to in the Table in sub-section (1) ofsection 206C] is to be utilised for the purpose of *manufacturing/processing/producing articlesor things and not for trading purposes;3. that *I am/we are assessed to income-tax by the Assessing Officer ______________Circle/Ward and the permanent account number allotted to me is______________________;ORthat *I was/we were last assessed to income-tax for the assessment year _________ by theAssessing Officer ____________ Circle/Ward and the permanent account number allotted to me is_________;ORthat *I/we have not been assessed to income-tax at any time in the past but I fall within the jurisdictionof the Chief Commissioner or Commissioner of Income-tax _____________.Verification__________________________**Signature of the declarant*I/We ______________________ do hereby declare that to the best of *my/our knowledge and belief what isstated above is correct, complete and is truly stated.Verified today, this the ___ day of ________________ 20 __.Place :______________ ___________________________________________Signature of the declarant

Notes:1. @Give complete postal address.2. The declaration should be furnished in duplicate.3. *Delete whichever is not applicable.4. **Indicate the capacity in which the declaration is furnished on behalf of a Hindu undividedfamily, association of persons, firm etc.5. Before signing the verification, the declarant should satisfy himself that the informationfurnished in the declaration is true, correct and complete in all respects. Any person making afalse statement in the declaration shall be liable to prosecution under section 277 of theIncome-tax Act, 1961, and on conviction be punishable :-(i)(ii)in a case where tax sought to be evaded exceeds one lakh rupees, with rigorousimprisonment which shall not be less than six months but which may extend to sevenyears and with fine;in any other case, with rigorous imprisonment which shall not be less than threemonths but which may extend to three years and with fine.

ANNEXURE – HBHARAT PETROLEUM CORPORATION LTD(KOCHI REFINERY)AMBALAMUGAL 682 302ITEMS FOR DISPOSALYour offer should be for Basic Price per Unit Only.All statutory duties, taxes, & levies, including variations, if any, will be EXTRA as applicable on the Date ofDelivery.Sl.NoQty Unit Material Description E.D.(%)1. 50 MT Aluminum Scrapconsisting of cut sheets,channels, angles,damaged door frames,Etc.Location: Behind MainWarehouseRef: MTRL/30/03/092. 200 MT Contaminated (subspec)Sulphur fromDHDS SRU.MTRL/30/22/093. 1 NO Maruti Baleno CarNo.07/AZ-5070MTRL/30/23/094. 1 NO Hyundai Accent CarNo.KL-07/AR-9669MTRL/30/25/095. 1 NO Omega Voltas 20TCrane (includingSpares)MTRL/30/27/09NILVAT /SalesTax(%)4% VATor2% CSTagainst‘C’ Form10.3% 4% VATor2% CSTagainst‘C’ FormNIL 12.5%VAT or2% CSTagainst‘C’ FormNIL 12.5%VAT or2% CSTagainst‘C’ FormNIL 12.5%VAT or2% CSTagainst‘C’ FormE.M.D.(Rs.)Start BidPrice(Rs. PerMT)250000/- 74100.00per MT75000/- 2550/-per MTIncremental Rate(Rs.)Rs.50/-per MTRs.50/-per MT15000/- 127500/- Rs.100/-15000/- 127500/- Rs.100/-Time forcompletinglifting ofmaterialTwomonthsfrom dateof awardletter.Threemonthsfrom dateof awardletterOne monthfrom dateof awardletterOne monthfrom dateof awardletter15000/- 170000/- Rs.100/- Twomonthsfrom dateof awardletter

6. 120 MT Ferrous scrap lyinginside scrap yard nearPOL wagon loadingMTRL/30/01/107. 800 MT Ferrous scrap lying inscrap yard near DHDSWarehouseMTRL/30/02/108. 150 MT Ferrous scrap lying onroadside near Waterquarry and road toAQMSMTRL/30/03/109. 150 MT Ferrous scrap lying inscrap yard near DHDSFlareMTRL/30/04/1010.3% 4% VATor2% CSTagainst‘C’ Form10.3% 4% VATor2% CSTagainst‘C’ Form10.3% 4% VATor2% CSTagainst‘C’ Form10.3% 4% VATor2% CSTagainst‘C’ Form175000/- 9850/-per MT250000/- 9850/-per MT175000/- 9850/-per MT1732,500175000/- 9850/-per MTRs.50/-per MTRs.50/-per MTRs.50/-per MTRs.50/-per MTTwomonthsfrom dateof awardletterFivemonthsfrom dateof awardletterTwomonthsfrom dateof awardletterTwomonthsfrom dateof awardletterPLEASE TAKE NOTE THAT NO EXTENSION OF TIME FOR COMPLETING LIFTING OF MATERIALSWILL BE ALLOWED FOR WHATEVER REASONS.For item Sl. No. 1, Aluminum Scrap, the offered material for sale being non-ferrous in nature, it willbe sold to those bidders who are actual users/processors (Registered with the Ministry ofEnvironment & Forests, Government of India.) and who have valid authorization from the respectiveState Pollution Control Board(s) / Pollution Control Committees in Union Territories. Copies of thevalid certificate to this effect should be submitted at the time of registration for participation in the e-Auction for the item, failing which, the offer will not be considered.For Serial No.2, Contaminated (sub-spec) sulphur, offers received from parties who satisfy thefollowing conditions only would be considered for evaluation:1. The bidder should possess a valid license for storing the quantity of sulphur being removedfrom our premises (200.00 MT approx).2. The bidder should furnish NOC for transporting the quantity from our premises to thepremises of the buyer.

ANNEXURE – JContact details of e-Procurement Technologies LimitedSr. Location Address Contact PersonNo.1 Ahmedabad(Head Office)B-704/705, Wall Street – II,Nr. Gujarat College,Opp. Orient Club, Ellisbridge,Ahmedabad – 380 006.Tel. No: 079 – 4001 6860 / 6861 / 6863/ 6864 / 6866 / 6874 / 6877 / 6878 /6880 / 6882Fax No: 079 – 4001 6816 / 68762 Mumbai 427/429, 1St Floor,I.R. Road,Nr. Police Station,Pydhonie,Mumbai – 400 003.3 New Delhi B – 170, Mansarovar Garden,New Delhi – 110 015.India.4 Kolkata 19 Synagogue Street City Centre, Suite#217BKolkata - 700 001.5 Chennai Vel Amrutha Towers,Old 15 ( New 7),Nallanna Mudali Street,Royapettah,Chennai – 600 014.6 Bangalore 10/2, Narendra Plaza,Victoria Road,Bangalore – 560 047.7 Lucknow 124,First FloorCity CentreNr. U.P Press ClubHazratganj,Lucknow – 226 001.Mr. Pradip ParmarMob: 0 – 93286 57215(079 – 4001 6864 (Direct))Email: pradip@abcprocure.comMr. Piyush PatadiaMob: 0 – 97238 22331(079 – 4001 6866 (Direct))Email: piyush@abcprocure.comHelpdesk Email-Id:support@abcprocure.com ;helpdesk@tendertiger.comMr. Nimesh ShahMob: 0 – 98203 00770Email:mumbai@abcprocure.comMr. Ravi NarulaMob: 0 – 98911 72377Email:delhi.sales@abcprocure.comMr. Rajiv TapariaMob: 0 – 98300 42060Email: rajiv@tendertiger.comMr. GovindasamyMob: 0 – 97907 19796Email: chennai@tendertiger.comMr. Robin KennedyMob: 0 – 98454 84101Email: robin@abcprocure.comMr. Mitul SharmaMob: 0 – 94155 17902Email: mitul@tendertiger.com--:0:--