bharat petroleum corporation ltd. bharat petroleum corporation ltd. cpo(mktg.), ―a‖...

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1 BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207 Fax-022-24117878 Email- [email protected]/[email protected] e-AUCTION SALE Online Auction platform and Support Services Provided By : e-Procurement Technologies Ltd. A-201-208, Wall Street-II, Opp. Orient Club, Near Gujarat College, Ellis Bridge, AHMEDABAD 380 006 Phone : 079-40016802 to 877, Fax : 079-40016876 e-mail : [email protected] URL : www.abcprocure.com Tender Ref: DISP/CPO 11-12(2)/04-SCRAP/VEHICLES e-Procurement Technologies Ltd. is an authorized e- commerce service provider for BPCL Ltd. to obtain rates online through its portal www.auction.abcprocure.com . The sale and purchase are directly made by the Seller and Buyer/s [Bidder/s]. BPCL will sell SCRAP/VEHCILES/TANK LORRY, AT OUR VARIOUS PLANTS / LOCATIONS, ON ―AS IS WHERE IS‖ AND ―NO COMPLAINT‖ BASIS as per List, through Online Auction subject to Terms and Conditions annexed hereto and as per schedule of programme given below: Schedule of Programme Inspection of materials TILL 13.12.2011. [11.00 AM to 4.00 PM on any working day] Venue of Inspection Refer list as per TABLE A [PART 1] Training to all participating bidders 15.12.11- 20.12.2011 Auction date and time 23.12.2011,10.30 hrs onwards Earnest Money Deposit Refer List TABLE A [PART 1] Last date to receive documents and EMD for participation 13.12.2011 upto 5.00 PM

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Page 1: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015.

Tel No : 022-24176416/24176207 Fax-022-24117878

Email- [email protected]/[email protected]

e-AUCTION SALE

Online Auction platform and Support Services Provided By : e-Procurement Technologies Ltd. A-201-208, Wall Street-II, Opp. Orient Club, Near Gujarat College, Ellis Bridge, AHMEDABAD – 380 006 Phone : 079-40016802 to 877, Fax : 079-40016876 e-mail : [email protected] URL : www.abcprocure.com

Tender Ref: DISP/CPO 11-12(2)/04-SCRAP/VEHICLES e-Procurement Technologies Ltd. is an authorized e- commerce service provider for BPCL Ltd. to obtain

rates online through its portal www.auction.abcprocure.com. The sale and purchase are directly made by

the Seller and Buyer/s [Bidder/s]. BPCL will sell SCRAP/VEHCILES/TANK LORRY, AT OUR

VARIOUS PLANTS / LOCATIONS, ON ―AS IS WHERE IS‖ AND ―NO COMPLAINT‖ BASIS as per

List, through Online Auction subject to Terms and Conditions annexed hereto and as per schedule of

programme given below:

Schedule of Programme

Inspection of materials

TILL 13.12.2011.

[11.00 AM to 4.00 PM on any working day]

Venue of Inspection Refer list as per TABLE – A [PART – 1]

Training to all participating bidders 15.12.11- 20.12.2011

Auction date and time 23.12.2011,10.30 hrs onwards

Earnest Money Deposit Refer List TABLE – A [PART – 1]

Last date to receive documents and

EMD for participation 13.12.2011 upto 5.00 PM

Page 2: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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E-Procurement Technologies Ltd. Contacts:- Mr Dharam Rathod– Cell : +91 9374519754 Land Line no. 079 40016883

Email: [email protected]

For details of Offices All India, visit www.auction.abcprocure.com

Special Notes :-

1. All EMDs should be directly submitted to the following address:

Sr. Manager- CEC,

CPO(Mktg.),

A-Installation,

Bharat Petroleum Corp. Ltd.,

Sewree, Mumbai-400015

The EMDs not received at CPO(Mktg.) will not be considered for auction.

2. The sale will be through Internet auction only. 3. BPCL reserves the right to extend the closing time of one or all the lots during the

auction time as considered appropriate.

4. BPCL also reserves the right to change the start bid price during the auction time and

before close of auction time as considered appropriate.

5. Once bids are given during the online auction, they cannot be revised downwards which

may kindly be noted.

6. Unless Earnest Money Deposit (EMD) is paid to the auctioneers in advance, i.e.

13.12.2011 upto 5.00 PM, participation is not allowed. EMD should be by DD favoring

Bharat Petroleum Corporation Limited payable at Mumbai.

Training and Demo „e‟-Auction:- A demo auction will be conducted on web site www.auction.abcprocure.com for all registered

participants who have given the EMD & other documents as per tender to practice and get

acquainted with the system. Further Training with a Mock e-Auction will be held during

15.12.11 till 20.12.2011. Parties received training should send their confirmation of receipt of

training by sending /faxing the filled Annexure for receipt of training to the M/s. e-procurement

technologies office.

Fax no. of sending the training confirmation: 079-40016876

Email address for sending the training confirmation: [email protected]

You are requested to submit your confirmation for receipt of confirmation by 20.12.2011 till 5:00

pm. Your participation may be cancelled if the confirmation does not reach BPCL by 20.12.2011.

All participants are requested to participate at Mock e-Auction to get acquainted with the e-

Page 3: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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Auction system.

In case of any problem, please call HELP DESK ON

07940016880/887/866 [Contact Person - Mr. Dharam Rathod ]. The full offer document can be viewed, downloaded or printed at following website:

1. www.auction.abcprocure.com

2. www.bharatpetroleum.com --> Energizing Business -->Tenders →Search Tender by

Category→ CPO(Mktg.)-Disposal

Pl. refer the following documents enclosed for further details:

a. Annexure – 1 : General Conditions for Auction

b. Annexure – 2 : General Conditions of Sale/Disposal

c. Annexure – A : Request for participation /

Confirmation of DD details

d. Annexure – B: Confirmation for Training

e. Annexure – C : Steps for Actual bidding procedure

f. Annexure – D : Confirmation from H1 Bidders

g. Table – A [Part – 1]: Auction Lot Details/ Auction

timing and Start Bid & Increment value details

h. Table – A [Part – 2]: Tentative Tax Details

i. Annexure – E : Arbitration Clause.

Page 4: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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ANNEXURE – 1: GENERAL CONDITIONS FOR AUCTION

Definitions:-

SELLER: Seller referred in this catalogue, is BHARAT PETROLEUM

CORPORATION LTD.

SERVICE PROVIDER: e-Procurement Technologies Ltd. (hereinafter referred to as

―abcprocure‖) is an e-commerce service provider appointed by the seller to facilitate

virtual auction by the seller. e-Procurement Technologies Ltd. will only facilitate

online auction and are considered as third party not particularly interested in the item/s

being sold on behalf of seller.

BIDDER: Any person - as an individual OR a proprietor OR a partner OR an

authorized representative of any company OR any legal entity and who is paying

the requisite EMD and registered at e-Procurement Technologies Ltd. and who

makes or places a bid for and purchases the auction property either in part or in

full is considered as a bidder. One individual can represent as a bidder on his own

behalf and on behalf of other companies provided he registers himself in those

capacity separately, i.e. for each representation he should pay separate Earnest

Money Deposit. Successful Bidder is that Bidder in whose name confirmation of

sale is issued by the seller.

Annexure – 1: General Conditions for Auction

1.1 The Auction will be organized only through Internet.

1.2 Subject to the reserve price, if any, fixed by the SELLER and subject to the Term

and Conditions set out herein, sale shall be made to the HIGHEST BIDDER on “AS

IS WHERE IS” and “NO COMPLAINT” basis. The Seller does not undertake

any responsibility to procure any permission / license etc., in respect of the auction

property offered for sale.

1.3 SELLER reserves the right to modify and amend the Terms & Conditions and

announce the same at any time before the auction concludes. Announcements during

the auction on the website including announcement of any additional conditions OR

correction in the catalogue and / or additions or deletions of items being offered for

sale are being done with the consent and knowledge of the seller, and it is binding

on the bidder.

1.4 Participation and bidding in this Auction shall be treated as conclusive evidence of

the fact that the bidder has inspected the Items and the documents pertaining to it

and is satisfied in all respects regarding quantity, quality, condition of the Items,

taxes and duties, and other extraneous factors and the Principle of Caveat Emptor

(let the buyer beware) will apply. It shall also imply that the bidder has carefully

gone through and understood the terms and conditions of Auction including the

amendments if any, prevailing at the time of Auction. Seller / e-Procurement

Technologies Ltd. will not entertain any complaints or objections once Bid is

placed.

1.5 Seller / e-Procurement Technologies Ltd. does not give warranty or guarantee of

the quality, quantity, measurement, condition, chemical composition of each

individual item/s or lot/s that form the auction Item and about its ―End Use‖ or

fitness for a particular purpose.

Page 5: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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1.6 The highest bidder does not get any right to demand acceptance of his offer.

SELLER reserves the right to accept / reject / cancel any bid, withdraw any portion

of the Auction Property at any stage from Auction even after acceptance of bid/

issue of delivery order or release order / deposit of full value by successful bidder

without assigning any reason there of. In the event of such rejection/ cancellation/

withdrawal, SELLER, shall refund the value of Auction Property, if paid for, to the

successful bidder. SELLER shall not be responsible for any damages/loss

whatsoever to the successful bidder on account of such withdrawal.

1.7 EMD amount will not carry interest.

1.8 In the event of failure on the part of the successful bidder to fulfill his contractual

obligations, seller / e-Procurement Technologies Ltd. Reserves the right to debar

such bidder from participating in any future auction conducted by e-procurement

Technologies Ltd. on behalf of seller.

1.9 All other terms and conditions as specified from time to time by BPCL and

abcprocure will apply.

2.0 PARTICIPATION:

2.1 For bidding at our e-Auction, the intending participants are requested to log on to

website www.auction.abcprocure.com Prior to the final auction all bidders are

requested to read and familiarize themselves with the BIDDING PROCEDURE

& INSTRUCTIONS as per Annexure-C, which should also be signed and

stamped and sent along with Annexure-A, and EMD. Please contact us on

9723822331/9825027089/07940016866/880/877/881

All those who wish to participate in the e-Auction, should deposit their Earnest Money Deposit

(EMD) by Demand Draft (DD) issued by any Nationalized Bank/Scheduled Bank favoring

Bharat Petroleum Corporation Ltd., payable at Mumbai duly crossed and superscribed ―Account

Payee Only ―along with Annexure “A” and “C” attached herewith and other documents like

NSIC Certificate, wherever applicable on or before 13.12.2011 upto 5.00 PM

The Annexure A, Annexure C and EMD should reach at the following address:

CPO(Mktg.)

A Installation ,

Bharat Petroleum Corp. Ltd.,

Sewree (East),

Mumbai -400015

Page 6: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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3. IN CASE OF PROBLEM DURING AUCTION PLEASE CONTACT THE

FOLLOWING ADDRESS:

NAME ADDRESS MOBILE/

LAND LINE /

FAX

E MAIL

Mr. Dharam Rathod

Mr. Mitesh

Bhadesiya

M/s. E – Procurement

Technologies Ltd,

B – 704/705, Wall

Street – II, Near

Gujarat College, Opp.

Orient Club,

Ellisbridge,

Ahmedabad – 380

006. Gujarat

09924490568

09725320935

079 – 4001 6860/

6861/6863/6864/

6866/6874/6877/

6878/6880/6882

Fax : 079 – 4001

6816 / 6876

Mr. Dharam Rathod

Mob: 0 – 9924490568

(079 – 4001 6861 (Direct))

Email:

[email protected]

Mr. Mitesh Bhadesiya

Mob: 0 – 9725320935

(079 – 4001 6860 (Direct))

Email:

[email protected]

Helpdesk Email-Id:

[email protected] ;

[email protected]

Mr. Nikhil Shah Mr. Nikhil Shah

e-Procurement

Technologies Ltd.

716, Autumn Grove,

Lokhandwala Township,

Akurli Road, Kandivali

(East),

Mumbai – 400101

Ph: 022 - 32608843

09967506299 Mr. Nikhil Shah

Mob: 09967506299

Email:

[email protected]

Mr. Ravi Narula M/s. E – Procurement

Technologies Ltd,

B – 170, Mansarovar

Garden, New Delhi –

110 015

098911 72377 [email protected]

Mr. Ravi Taparia M/s. E – Procurement

Technologies Ltd,

19 Synagogue Street

City Centre, Suite

#217B, Kolkatta –

700 001.

098300 42060 [email protected]

Mr. Govindaswamy M/s. E – Procurement

Technologies Ltd,

Vel Amrutha Towers,

Old 15 [ New 7 ],

Nallanna Mudali

Street, Royapettah,

Chennai – 600 014.

097907 19796 [email protected]

Page 7: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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Mr. Robin Kennedy M/s. E – Procurement

Technologies Ltd,

10/2, Narendra Plaza,

Victoria Road,

Bangalore – 560 047.

098454 84101 [email protected]

Mr. Mitul Sharma M/s. E – Procurement

Technologies Ltd,

124, 1st Floor, City

Centre, Nr. U.P Press

Club, Hazratganj ,

Lucknow – 226 001

094155 17902 [email protected]

Mr. V. Jaykumar Nellickal Building,

CMS College Road,

Kottayam – 686 001

Kerala.

097443 16367

2.2 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 units should be registered for the item tendered for e-auction.

C. The monetary limit indicated in NSIC registration certificate should cover

the value of items ordered.

D. Registration certificate should be valid as on date of order.

E. Photostat copy of valid NSIC registration certificate should be submitted

as support.

2.3 Registration with DGS&D will not entitle a tenderer to claim exemption from

security deposit EMD.

2.4 BPCL / E-Procurement Technologies Ltd. reserves the right to reject the request

for EMD exemption if any one of above conditions are not met in full to their

satisfaction and BPCL decision in this matter is final and binding to accept or

reject on this EMD exemption clause.

2.5 On receipt of your EMD and other documents, your login ID / Password will be

e-mailed by M/s. e-procurement technologies by 16.12.2011, through our

secured server to your valid and confidential email provided by you in

ANNEXURE “A”. On receipt of the passwords a confirmatory email will have

to be sent back to us that you have received the login / password, please do not

disclose your login / password in the confirmatory mail. On receipt of this

confirmation you will then be enabled and activated for bidding.

2.6 Please do not reveal / pass your Login ID and Password to any other person/s. It

is your personal property and we will not be responsible for any leakage or

misuse or illegal use of your User ID and Password. Nevertheless, you will be

held personally liable to the Seller and the Auctioneers for any misuse or illegal

use of your User ID and password by other person/s and any successful

transaction online by such unauthorized person due to your negligence will be

considered as your own transaction and you will be required to fulfill the contract

as per terms and conditions of the sale.

2.7 To enter the e-auction on www.auction.abcprocure.com and get the bidding

screen kindly refer to Annexure-C on bidding procedure & instructions. The

Page 8: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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auto extension feature gives equal opportunity to all bidders to place their bids in

the closing minutes of the auction. For details on auto extension refer to

Annexure-C. Hence bidders are requested to stay tuned to the end of the auction

even after the auction closing time in case the auction gets extended due to auto

extension till the bidding screen closes. Please do not wait till last few seconds,

but enter your bid at least 1 minute before end time. Confidential instructions can

also be given to the website to carry out secure and confidential Auto bid. (Refer

to Annexure-C for instruction of Auto bid.)

2.8 Please Note each Registered Participants shall pay refundable Earnest Money

Deposit (EMD) to participate and bid at our e-Auction. The Participant at our e-

Auction will be allowed to bid only after they have paid EMD in advance to us

by DD as mentioned in the General Conditions of sale.

2.9 During the online bidding process, BPCL reserves the right to change the start

bid price as considered appropriate. Once the bids are posted during the online

auction, they cannot be revised downwards which may kindly be noted. Every

bidder is under obligation to buy the material at the price he bid should the

material be offered to him at that price. If any bidder to whom the material is

offered at his bid price fails to effect the payment or other payments or carry out

the clearances of material within the prescribed time frame or do not fully

comply with the terms and conditions of the auction as displayed on the website,

the EMD and any other payment made by him will be forfeited. This condition is

applicable to all bidders. The seller is at liberty to offer and / or sell such material

to another party of his choice or even retain it. The EMD paid for an auction or

an item may be appropriated and forfeited against non–compliance with the

terms and conditions in another or item.

Page 9: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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ANNEXURE - 2

GENERAL CONDITIONS OF SALE/DISPOSAL

1. Inspection of the materials : 1.1 All SCRAP Items/scrap materials will be sold in MT / Lot / No. basis as mentioned in

Table „A‟ [Part-1] on ―As Is Where Is and No Complaint‖ basis. The materials will be

available for inspection at the respective site on production of this catalogue to the

Security / Engineering / Operating Staff on duty on any working day and time specified

in this catalogue till 13.12.2011 at 4:00pm with prior appointment.

2. Earnest Money Deposit (EMD) :

2.1 For participating at our e-Auction, the intending bidders shall pay refundable Earnest Money

Deposit (EMD) by Demand Draft from any Nationalised or Scheduled Banks as mentioned

against each Category in the catalogue on or before 13.12.2011 along with Annexure-A &

Annexure-C drawn in favour of Bharat Petroleum Corporation Ltd., payable at Mumbai,

duly crossed and superscribed ―Account Payee only‖. No interest is payable for the deposit

amount held by us.

2.2 As per BPCL Corporate policy all EMD payments irrespective of successful or unsuccessful

bidders shall be deposited in the operating Bank of BPCL immediately. The EMD payments

of unsuccessful bidders shall be returned by cheque without any interest subsequently

within 30 working days approximate through courier or Registered A.D. at the address given

by them. No interest will be payable for such refunds. In case of any undue delay in refund

of cheque due to unforeseen reasons at BPCL end or due to any postal / courier delays BPCL

is not liable for any claims of interest or any disputes arising out of this. Therefore, parties

are requested to take note of this.

2.3 Every bidder is under unconditional obligation to buy materials at the price offered by him

whether he has been the highest bidder or not.

2.4. The successful party will be advised the outcome of the e-auction result by issuing a sale

letter within a reasonable time, i.e. 30 working days approximate after the e-auction after getting

internal approvals. The successful party‘s EMD will be refunded only on completion of the job

to the full satisfaction of the Corporation.

3. Participation in e-auction will mean that the party has inspected the facilities / materials / lots /

nos. available for sale / disposal at site as per auction details in Table-A [Part-1 ] on as is

where is and no complaint basis and fully satisfied / understood the lot details and site conditions

himself regarding the condition, size, quantity, quality, weight, numbers etc of the items available

for sale / disposal. Therefore, no claim shall be entertained in case of any variations in quantities

particularly on down ward side or condition / quality / weight / numbers of the materials etc. at

the time of upliftment which may kindly be noted.

4. Since the quantities mentioned are approximate, BPCL reserves the right at the time of issue

of sale letter to direct the successful bidder to deposit additional amount equivalent to 10% of the

tender quantities to take care of any upward variations at the time of upliftment of materials with

mutual consent and agreement. Successful parties are requested to inform immediately after the e-

auction whether they are willing to accept 10% additional quantity. In case of downward

Page 10: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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quantities, the amount paid will be adjusted and returned to party without any interest by cheque.

EMD payment retained can not be adjusted against additional quantities at the time of upliftment

which may please be noted.

5. At any given time there can be only one H-1 bidder per lot / item.

If more than one bidder bids, same value for an item / lot, the bidder who quotes the highest price

first as per the server time is considered as the H-1 bidder for that lot / item.

The sale proceeds submitted by the H1 bidder shall not be refunded in any case. Therefore it is in

the interest of the bidder to uplift the material within 4 weeks of the issue of Authority Letter.

6. e-Procurement Technologies Ltd. :

6.1. e-Procurement Technologies .Ltd. runs its business on the basis of a robust Web Site.

However, e-Procurement Technologies Ltd. is outsourcing server space from a third

party hosting company and hence shall ensure the smooth running in all good faith and

intention. However, BPCL / e-Procurement Technologies Ltd. will not be held

responsible for any failure of power, network, server, hosting server, internet

connectivity, ISP or otherwise at Bidder‘s end or at BPCL / e-Procurement

Technologies Ltd. directly or indirectly effecting On-line method of Bidding.

6.2. e-Procurement Technologies Ltd. takes no responsibility of the quality, quantity,

documentation details of buyers / sellers. Both the buyers & sellers agree to defend

indemnity and hold harmless, e-Procurement Technologies Ltd. from any loss,

damage, cost and expenses caused by any reason during this transaction. In no event

shall e-Procurement Technologies Ltd. be liable for any loss for the transactions by

business, revenues, profit, costs direct and incidental, consequential or punitive damages

of any claim. Both the parties agree to have discussed all the related matter regarding

this transaction and have understood in full that e-Procurement Technologies Ltd. has

provided a source of supply and has nothing to do any further especially with regards to

quality, warranty, guarantees, delivery schedules, payments, rejections, transportation,

legal laws and regulations to be followed from time to time etc. Since e-Procurement

Technologies Ltd. does not possess knowledge base of the commodities under

transaction both the parties agree that the matter contained in the materials as a part or as

a whole does not violate any applicable law. No complaint will be entertained after the

lot is once knocked down. e-Procurement Technologies Ltd. is only an e-commerce

service provider, and is not and cannot be a party to or control in any manner any

transactions between the seller and the bidder. e-Procurement Technologies Ltd. shall

neither be responsible nor liable to mediate or resolve any disputes or disagreements

between the Seller and Bidder.

6.3. The Seller / Bidder agrees to limit the liability of e-Procurement Technologies Ltd. to

them for any and all claims, losses, costs, damages of any nature whatsoever or claims

expenses from any cause or causes, including attorneys‘ fees and costs, so that the total

aggregate liability of e-Procurement Technologies Ltd. to the Seller / Bidder shall not

exceed it‘s total fee receivable from the Seller / Bidder. It is intended that this limitation

apply to any and all liability or cause of action however alleged or arising, unless

otherwise prohibited by law.

Page 11: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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6.4. In the event of any dispute with regard to non-lifting / non-availability of inspected

materials etc. and forfeiture of ‗EMD‘ by participant. e-Procurement Technologies

Ltd. will not be held responsible for the loss / forfeiture. 7. Auction Result : 7.1 Auction Result will be declared subject to confirmation from BPCL. The result will be

declared within 30 working days approximate from the date of Auction. The H-1 party for

each lot have to submit Annexure-D duly filled with their highest bid quoted immediately

after the e-auction event is over by fax or courier to e-Procurement Technologies Ltd/

BPCL within 24 Hrs. Delay in submission of Annexure-D will not be accepted.

Fax no. for submitting the Annexure 022-24117878

7.2 The rate offered by the bidder shall be considered as Basic Price Per Unit of the items

mentioned. All taxes, Duties, VAT, Additional Tax, TCS and Turn-over Tax or any other

statutory levies or taxes as applicable under the relevant Sales Tax / Excise Act / IT Act or

any other act shall be charged extra at the rate prevailing at the time of sale letter / delivery.

7.3 The present tentative rate of Local Sales Tax (VAT), CST with Form ―C‖, CST without form

‗C‖ as applicable are given In Table “A” [Part -2 ]. However, these Taxes, i.e. VAT, CST with

Form or Without Form C / Excise Duty / TCS rates etc as applicable shall be on actuals. In case,

CST with C from if applicable and claimed by successful party, they have to submit the C form

along with the sale amount. Tax Collection at Source [TCS ] @ 1 % of [basic value + Sales Tax ]

will be charged extra to all Bidders for all items. Successful bidder has to deposit the amount of

equal to [basic + ST + TCS ]. BPCL would provide Tax Collection Certificate to successful

Bidder. In case, TCS is not applicable bidder can take refund from appropriate authority based on

TCS Certificate of BPCL. Full amount for VAT/CST with applicable rates shall be paid in case

the party is not able to produce the ‗C‘ form.

7.4. Please note that taxes / duties, TCS etc. statutory levies shall be as applicable at the time of

sale letter / upliftment. Decision in regard to applicability of VAT / CST / Excise / TCS rates etc.

as decided by BPCL would be final and binding to the successful bidder and bidders can not

claim / dispute on this matter.

7.5. Any failure to accept the rate of taxes / duties / TCS etc. as may be indicated by BPCL in the

sale letter, BPCL reserves the right to forfeiture of EMD and cancellation of sale letter without

assigning any reasons.

BIDDING SCREEN:

7.6. The start bid price & increment price have been mentioned vide Table-A (Part-1) which shall be visible to all the bidders on their respective bidding screen for each Lot for which they are qualified to bid. Please note that the first bid that comes in the system should be equal to the start price + one increment or higher than the increment value for each Lot. The second online bid and onwards for any particular Lot will have to be higher than the H1 rate by the minimum increment value, or higher than the increment value.

Please note that the start bid price is the minimum basic price excluding all taxes etc and bidders

have to put their bids above the start bid price indicated above. BPCL reserves the right not to sell

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at the highest offer received during the auction in case their expected reserve / target price is not

achieved or for any other reasons.

7.7. Bidders to note that Start Bid Price provided by BPCL is only to proceed with start of

e-auction. It is to be noted that Start Bid Price is not considered as expected sale price.

Customers who are interested to purchase the material are requested to give their best price

for the material even in case where there are no competitive bids. BPCL reserves to sell

material only when sale price obtained is as per BPCL requirement. Also please note that

the Start Price mentioned is only indicative and can be changed on the auction day, based

on market conditions.

8. Payment & Delivery :

8.1 Successful Bidder [H-1 Party ] will have to make payment of full Sale value [including

Local Sales Tax / CST / VAT and TCS as applicable ] in the form of Demand draft in favour

of Bharat Petroleum Corporation Ltd., payable at Mumbai, within 4 weeks of Sale Letter /

intimation of bid acceptance and uplift the materials by making their own arrangements

within 4 weeks of Authority Letter issued by BPCL, failing which action as under will be

taken by BPCL without any recourse

A ]. Party‘s EMD will be forfeited.

B ]. Sale letter will be treated as cancelled and Seller shall have the right to

dispose off the materials. No claim whatsoever from the said party shall be

entertained.

C]. The party may also be debarred from participation in any future sales /

auctions.

NOTE : 1) EMD payment will not be adjusted against the sale value. EMD will be returned

after completion of the disposal activity.

2) Successful party has to make payment in full and in one installment only.

No part payments will be allowed. Also it may please be noted that Authority letter for lifting the materials can be

issued only after the DD‘s are realized and the amount has been cleared, transferred

and credited to BPCL accounts which may take 7 working days from the date of

receipt of full payments by DD‘s.

9. Description of Materials and Quality and Quantity : 9.1 The materials shall be disposed off in ―AS-IS-WHERE-IS‖ and ―NO COMPLAINT‖

basis in single lot only.

9.2 Numbers, quantities and nature of material given in the catalogue are approximate /

indicative only and the materials will be sold without any regard or consideration of these

numbers or nature of materials and no Warranty or guarantee shall be implied. The

Purchaser must lift the declared quantity within prescribed time of two weeks. The sale /

disposal offer may be withdrawn by the seller any time before issue of sale letter and the

decision of the seller in this regard is final and binding on all.

9.3 Each truck may be weighed, both before and after loading on weighbridge and

weighment witnessed jointly by officers of BPCL / Purchasers representatives if required.

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10 Removal of Materials :

10..1. The purchaser shall complete the transaction including collecting the scrap material

before 5.00 p.m. on any working day with prior appointment with the concerned

department within the stipulated delivery days. The items offered for sale will be handed

over to the successful tenderer by our representative at site on production of our Authority

Letter which will be issued after the payment of total sale price including Sales Tax, etc.

10.2 The Seller reserves the right to unload the vehicles for inspection purpose. If it is

suspected at any time that the purchaser has loaded the material / materials for which he is

not purchaser or if the purchaser is found to carry excess material than that mentioned in

the documents, the Co. will be within its right to detain the truck, unload the goods at the

cost & expenses of the purchaser & terminate the contract forthwith and forfeit the sale

value & claim such further losses and damages that may be caused to the Seller.

10.3 Any damage to the Seller‘s or Third Party‘s properties during removal of the items will

have to be made good by the successful purchaser at their own cost. The Seller reserves

the right to claim from the purchaser any expenses which might have been incurred by it

over and above the EMD by way of restoring damages caused to properties belonging to

the Seller / Third Parties by the action of such purchaser or their men. Until such losses

are reimbursed, delivery of the material sold will not be given to the purchaser.

10.4 Loading / Unloading will be carried out by the purchaser at his own costs & risk. All

material handling machines / equipments, tools and tackles, labour, etc. or any other

items as may be required to be supplied by party or as insisted by the seller for successful

completion of the job will be arranged by the purchasers at their own cost. Non-

availability of the same will not be considered as a ground for ‗Late-Lifting‘ of the

materials.

Scrap material shall be weighed as far as possible within BPCL premises in presence of

the buyer and seller (BPCL representative) before clearance for dispatch. In case there are

no facilities for weighing in sellers premises, the purchaser shall arrange for weighing in

an approved weighing machine at his cost as directed and to be witnessed by the

purchaser‘s representative.

11. Decision in case of disputes : 11.1 In case of any dispute regarding the contract, the decision of the Seller shall be final and

binding. If there is any dispute as to the last or highest bid or dispute in identifying the

item belonging to particular lot, the dispute shall be determined by the Seller and their

decision shall be final and binding to all.

11.2 Only the appropriate Court in Mumbai, Maharashtra will have Jurisdiction to deal with

any disputes arising out of this contract. In case, of any dispute arising out of or relating to the terms of this contract the matter

shall be referred to one Arbitrator appointed by Seller. The arbitrator so appointed shall

act in accordance with the provision of Arbitration & Conciliation Act, 1996 and the

venue of arbitration shall be Seller‘s Office or as suggested by the Seller.

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12. Right of Acceptance / Rejection of offer : 12.1 The Seller reserves the right to withdraw wholly or partially any or all the items set for

sale at any time during the period of contract without assigning any reasons.

12.2 The goods are sold subject to the reserve / expected price obtained by the Seller to their

satisfaction. The Seller is not bound to accept the highest offer. The Seller reserves the right

to reject any conditional offers.

13. Forfeiture of Earnest Money Deposit :

13.1 In case of failure of the purchaser to comply with the conditions of the tender / contract,

the Seller may at its discretion, terminate the contract and the EMD paid by the purchaser

will stand forfeited for the breach of contract by the purchaser. The lot in question will be

re-sold by the Seller, without any reference to the purchaser, to any other buyer at the cost

and risk of the defaulting purchaser. The deficit if any will be recovered from the defaulting

purchaser.

13.2 The lots paid for must be completely removed at the purchaser‘s expense within the

schedule period specified. If any lot is not removed within this specified period, the Seller

may re-sell / re-auction the said lot or portion thereof at the purchaser‘s risk and expense. In

this event, the purchaser will be liable to compensate the Seller for all the damages and

losses that the Seller may suffer on account of re-selling / re-auctioning the lot. This will be

in addition to EMD that will stand forfeited in the event of the purchaser not removing the

lots within the specified time.

13.3 In case the bidder backs out from any of the LOT mentioned in which he is H1 bidder, then

the complete EMD amount submitted for that Category will be forfeited by BPCL.

14. Termination of Contract : The Seller reserves the right to terminate the contract at any time by giving three days

notice on the following ground.

14.1 Unsatisfactory execution or performance of the contract by the purchaser.

14.2 For improper behavior of the purchaser or breach of the terms and conditions of the

contract.

14.3 Decision of the Seller to terminate the contract shall be final and binding and no claim for

damages and compensation shall be entertained. In the event of the purchaser or his agent or

servant committing or attempting to commit theft, fraud, dishonesty or gross misbehaviour in

connection with the subject matter of this contract or in any other connection whatsoever

concerning the business of the Seller, the Seller will be entitled to terminate the contract

forthwith and forfeit the EMD / Sale Value at its sole discretion.

14.4 In case of any incomplete job, or only part job done before the schedule time for

completion, and if the delays are found to be attributable to the purchaser‘s failures, the

seller, i.e. BPCL if not satisfied with their performance, reserves the right to terminate the

contract and award the job to any other Contractor at their cost and risk.

15. Passing of Property In the goods :

It is expressly made clear that the property in the goods whether sold by units, weights or lots,

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whether arranged or otherwise, will remain that of the Seller and will pass on to the purchaser

only when material is taken out by the Purchaser from the factory Premises after getting valid

dispatch documents.

16. General : 16.1 All Safety Regulations should be followed by the purchaser and their men in removing

the items. Also the purchaser and their men will be neither allowed to carry lighters nor

to smoke inside the premises. They should obtain suitable Work Permits / Safety

Certificates for excavation, hot work etc. from the authorities at site. The work will be

allowed to carry out during working hours of the Installation / Scrap / Division / SCRAP

Plants etc. only. The work should be commenced only after obtaining necessary

permission from the Corporation‘s representative. The men employed to carry out the

work should observed the Corporation‘s rules and regulations at the location.

16.2 Any injuries to workers employed by the successful purchaser while removal / transport

of the items and any risk / liabilities (including under Workmen‘s Compensation Act etc.)

arising out of the same, will be the liability of the purchaser and not of the Corporation.

The Purchaser should also indemnity the Corporation against all liabilities / demurrage

claims arising out of non-compliance by the purchaser of all statutory requirements

currently in force or made applicable subsequently. The successful purchaser will keep

the Corporation indemnified against all damages / claims arising of the aforesaid.

16.3 All notices, letters sent to the purchaser shall be deemed to have been received by him /

them on expiry of 48 hours from the time of posting if the same are sent at the address

given by the purchaser.

16.4 Resale will not be recognized and release order will be made out in the name of actual

successful purchasers only.

16.5 The purchaser shall not be entitled to resell any lot or part of a lot while the goods are still

lying within the premises of the Company and no delivery would be effected by the Company to

any person other than the purchaser whose names are mentioned in the delivery order.

16.6 The successful party shall also be liable for any pecuniary liability arising on account of

any violation by them of the safety requirements. Should any injury to people or loss or damage

due to fire / or accident to any property or a portion thereof occur as a result of failure to comply

with such regulations, the successful party shall be held responsible for the consequences thereof

and shall keep the company / seller harmless and indemnified .

16.7. The terms and conditions of tender for disposal of scrap material as per Annexure –1 & 2

shall be applicable. 16.8 Any change in Conditions of sale or Additional Conditions of sale, if any, will be

announced in e-Procurement Technologies Ltd. web site at the time of auction on line. 16.9. The list of disposal items and their location with address / contact person and their Tel.

No.and EMD details etc. are provided at TABLE-A [Part – 1 ]

16.10. The lot location with quantities / auction start time / Auction close time / start bid Price /

bid increment value etc. details are provided in TABLE-A [PART – 1 ]

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16.11. The sales tax (VAT / CST with form ―C‖/ CST without form ―C‖) and TCS applicable are

provided in TABLE-A [PART – 2 ] 16.12 The decision of seller is final and binding in all matters related to this sale.

17. The Validity period of the offer is 45 days from the date of e-auction.

18. Successful parties may note that :

(a) Item once sold cannot be taken back or exchanged. Should any successful

tenderer withdraw their bid either prior to our issue of acceptance letter or

afterwards, the Seller will be at liberty to resell the items to any person of

their choice at the risk and cost of the original successful tenderer. If such re-

sale proceeds is more than the earlier de-faulting successful tenderer‘s offer,

they will not be entitled for any increased proceeds realized by the

Corporation. However, if the re-sale proceeds are less than the earlier

defaulting successful bidder, the seller reserves the right to recover the

difference in re-sale realization from the defaulting earlier successful bidder.

(b) Resale, transfer on assigning the unremoved / undismantled materials to any

other party will not be allowed until the materials are removed from our

premises.

(c) Any damage to the Corporation‘s / Railway‘s or Third Party‘s properties

during removal of the items will have to be made good by the successful

tenderer at their own cost. The Corporation reserves the right to claim from

the tenderer any expenses which might have been incurred by it over and

above the EMD by way of restoring damages caused to properties belonging

to the Corporation/ Railways/Third Parties by the action of such tenderer or

their men.

19. The Corporation reserves the right to accept or reject any tender in part or completely to

suit their convenience without assigning any reasons whatsoever.

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ANNEXURE – A

(on bidder letterhead with company seal and stamp with contact details)

From:

Date :

To, M/s. Bharat Petroleum Corp. Ltd.,

CPO (Mktg.),

A-Installation,

Sewree(East), Mumbai -400015

Fax. 022 24117878

Sirs,

Re: REQUEST TO ISSUE OUR LOGIN ID / PASSWORD FOR PARTICIPATING IN

THE e-AUCTION TO BE HELD ON BEHALF OF BPCL ON 23.12.2011 FROM 1030

HRS FOR VARIOUS LOTS.

A. EMD Details :

Please find attached herewith our Demand Draft payable to Bharat Petroleum Corporation Ltd., at

Mumbai, as per details given hereunder for participating at the above e-Auction.

All DDs are payable to Bharat Petroleum Corporation Ltd. at Mumbai

LOT No. DD No. Amount

B. EMD Exemption Details : (if applicable) :

We are exempted from EMD as per Clause No.2.4 of Annexure-I. Accordingly we are

enclosing the documents for exemption of EMD.

C. General Notes:

We hereby confirm that we have understood the steps for Bidding on e-Procurement

Technologies Ltd. Site www.auction.abcprocure.com and would like to participate in the mock

online training auction for BPCL to be held from 13.12.11 onwards.

We hereby confirm that we have read and understood the terms & conditions of the e-Auction

Sale tender documents for all the lots and same are acceptable to us. We have also physically

inspected the materials and understood the scope of materials and its condition and there are no

deviations to the same as per the auction catalogue details and I accept all terms and conditions of

the e-auction sale tender document in full.

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1. We will honour the Bids placed by us during the auction

procedure.

2. We also confirm that we will e-mail a scanned copy or fax the

price confirmation of our final online quoted rate as per

Annexure B immediately after completion of e-auction followed

by original price confirmation sent through courier.

You are requested to ISSUE our Login ID / Password on our valid and official email as given in

below on receipt of above DD and relevant documents.

E Mail Id____________________________

PAN No. ____________________________

(Please enclose PAN Card Copy/ In case PAN Card copy is not enclosed, your DD will not be

accepted)

VAT/TIN No._________________________

Thanking you,

Yours truly,

Company Stamp &Seal

[Name & Signature]

Encl : 1] Drafts as above.

2 ] Other documents [ provide full details ] Tel. No. : Office

Residence:

Mobile :

Ph No.:

Fax No :

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ANNEXURE – B

Confirmation of Training

To,

M/s. Bharat Petroleum Corp. Ltd.,

CPO (Mktg.),

A-Installation,

Sewree(East), Mumbai -400015

Fax. 022 24117878

This is to confirm that we have understood all bidding procedures for the Forward auction to be

held on 23.12.11. We also confirm that we have understood and comply with all tender terms and

conditions mentioned in the tender document -DISP/CPO 11-12(2)/04-SCRAP/VEHICLES

Thanking you,

Yours truly,

Company Stamp &Seal

[Name & Signature]

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Annexure – C : Bidding procedure and Auction guidelines

A. Steps for Actual Bidding Procedure :

1 Go to www.auction.abcprocure.com

2. Enter ―Login ID― and ―Password‖.

3. When a bidder logs in for the first time for the particular auction, bidder has to accept to

the Terms & Conditions. (After accepting to the terms & conditions of the company only

you can be able to bid)

4. After accepting to the terms you will be taken to the auction-listing page where you will

be able to see all the details about the auctions.

5. Click on Auction Room link on the top of this page. This will take you to the Bidding

Page. A separate Window opens which is the Bid room.

6. Now Start Bidding. You can either Bid Manually OR can use Auto-Bid. (In Auto bid,

the computer will bid on your behalf upto that value you given).

7. In the Manual Bid option, you can put your bid in the text box available for each ITEM

and submit it every time. A bid confirmation pop up box will appear to confirming

whether you want to go ahead with the bid posted or not. If you confirm the bid, your

bid will be posted. If your bid is accepted, that will be displayed in ―My Last Accepted

Rate‖ column on your right side screen. Also the highest bid amount will be displayed in

―H1 Rate‖ column. If you are the highest bidder at the time, ―Your Rank‖ column will

be highlighted with ―green‖ background with rank mentioned as 1 (which is indicative

that you are H1 i.e. the highest bidder for that particular item at that point of time)..

8. During the auction, the current highest bid of the bidder, the bid status and the bid

history can be viewed on the screen all the times. Bids can be placed at the specified

time mentioned during the auction day.

9. For Auto Bid, Click on the ―Auto Bid‖ icon related to the item you want to bid. It will

open a small window where you can place your ―auto bid―.

The starting bid amount in ―Lower Limit‖ text box will be either the Opening Price +

One Increment or the H1 Price at that point of time. Enter the maximum amount in the

―Upper Limit‖ text box. Submit your auto bid after filling the upper limit.

10. You can see your Bid Value and the Highest Bid Value for a particular lot after bidding

once.

11. There is Auto Time Extension will be done by the system. If any bidder post his bid in

the last 10 minutes of the auction closing time, the auction will be extended

automatically for further 10 minutes.

Special Note : Bidders are requested to check the Bid Entry in words & figures before confirming it.

Any wrong bids will lead to forfeiture of Earnest Money Deposit (EMD) and said lot will be re-

auctioned and the bidder is liable to be barred from the future bidding if any.

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B. E-Auction Guidelines

BPCL shall finalise the disposal of the items (Lots) against this Tender through e-auction mode. BPCL has made arrangement with M/s. e-Procurement Technologies Limited, Ahmedabad, (ETL), who shall be BPCL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same. 1. E-Auction shall be conducted by BPCL, on pre-specified date and time, which the

bidders shall be quoting from their own offices / place of their choice. Internet connectivity shall have to be ensured by bidders themselves. In extreme case of failure of Internet connectivity, (due to any reason whatsoever may be) it is the bidders’ responsibility / decision to send fax communication immediately to M/s. e-Procurement Technologies Limited, Ahmedabad furnishing the price the bidder wants to bid online with a request to upload the faxed price on line so that ETL will up load that price on line on behalf of the Bidder. It shall be noted clearly that the concerned bidder communicating this price to ETL has to solely ensure that the fax message is received by ETL in a readable / legible form and also the bidder should simultaneously check up with ETL about the clear receipt of the price faxed. It shall also be clearly understood that the bidder shall be at liberty to send such fax communications of prices to be up loaded by ETL only within the closure of Bid time for that particular Lot and under no circumstance it shall be allowed beyond the closure of Bid time for that particular Lot. It shall also be noted that ETL should be given a reasonable required time by the bidders, to upload such prices online and if such required time is not available at the disposal of ETL at the time of receipt of the fax message from the bidders, ETL will not be uploading the prices and either BPCL or ETL are not responsible for this unforeseen circumstances. In order to ward-off such contingent situation bidders are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the e-auction successfully. Failure of power at the premises of bidders during the e-auction cannot be the cause for not participating in the e-auction. On account of this, the time for the e-auction cannot be extended and neither BPCL nor ETL is responsible for such eventualities.

2. M/s. e-Procurement Technologies Limited shall arrange to train your nominated

person (s), without any cost to you after the submission of the required documents & the EMD amount.

3. Starting Bid / Bid Increment: The opening price and the bid increment value for

the respective Lot has been mentioned vide Annexure A Table-1. BPCL reserves the right to revise the start bid price at the time of auction.

4. BIDDING CURRENCY AND UNIT OF MEASUREMENT: Bidding and evaluation will be conducted in Indian Rupees (INR) of the item / Lot. The price bid placed during the “e-Auction” shall be “Rate per Unit” against each Lot.

5. At the end of the e-auction, bidder has to provide the Price Confirmation for his

valid highest offer submitted in the e-Auction, as per BPCL’s format, immediately after the completion of the e-Auction.

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6. Procedure of e-Auction:

i. The start bid price & increment price have been mentioned vide Annexure A Table-1 which shall be visible to all the bidders on their respective bidding screen for each Lot for which they are qualified to bid. Please note that the first bid that comes in the system should be equal to the start price + one increment or higher than the increment value for each Lot. The second online bid and onwards for any particular Lot will have to be higher than the H1 rate by the minimum increment value, or higher than the increment value.

ii. E-Auction shall be for a period as mentioned in the tender

document for all the items / Lots in this e-auction. If a bidder places a bid in the last 10 minutes of closing of the e-Auction and if that bid gets accepted, then the duration for that particular Lot shall get extended automatically for another 10 minutes, from the time that bid comes in. Please note that the auto-extension will take place only if a bid comes in those last 10 minutes and if that bid gets accepted. If the bid does not get accepted, the auto-extension will not take place even if that bid might have come in the last 10 minutes. In case, there is no bid in the last 10 minutes of closing of any particular Lot, the time shall get closed automatically without any extension for that particular Lot. However, bidders are advised not to wait till the last minute or last few seconds to enter their bid during the auto-extension period to avoid complications related with internet connectivity, network problems, system crash down, power failure, etc.

iii. The Bidder who has submitted the DD for any category can bid for

all LOTS mentioned under this category. In case the bidder is H1 in any or more categories, he has to uplift the said LOT as will be confirmed by BPCL at its discretion. In case the bidder backs out from uplifting this LOT, then the whole EMD for that category will be forfeited by BPCL.

iv. Auto Bidding: Auto Bidding feature is a feature to safe guard the

bidder’s interest of any Internet failure or to avoid last minute rush. This feature allows Bidders to place an automated bid against other Bidders in an auction for each Lot and bid without having to enter a new amount each time a competing Bidder submits a new offer for any particular Lot.

The bid amount that a Bidder enters is the maximum at that point of time that the Bidder is willing to offer for a particular Lot. Here the software bids on behalf of the supplier.

The auto-bid amount is the maximum amount that the Bidder is willing to offer. During the course of bidding, the Bidder cannot delete or change the amount of an Auto Bid.

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Bids are submitted in increments (increasing bid amounts). The application automates auto bidding by processing auto bids automatically, according to the increment that BPCL originally established when creating the auction, submitting offers to the next bid increment each time a competing Bidder bids, regardless if competing bids are submitted as auto or manual bids.

This feature can be used only once for a particular Lot during a particular e-Auction and only after the H1 rate is equal to or higher than the maximum bid amount that the bidder has put in the system OR when the auto-bidder is not the highest (H1) bidder, will he get the option to further manually bid for the same.

7. Successful bidder shall be required to submit the final prices, quoted during the

e-Auction in the Format provided to you after the completion of Auction to ETL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of auction immediately after the completion of the e-Auction.

8. Your bid will be taken as an offer to collect the items mentioned in that particular

Lot. Bids once made by you, cannot be cancelled / withdrawn and you shall be bound to collect the item as mentioned above at your final bid price. Should you back out and not agree as per the final rates quoted, BPCL shall take action as appropriate, including forfeiture of EMD for the whole category.

9. After the receipt of the EMD and other required documents, the bidder shall be

assigned a Unique User Name & Password by e-Procurement Technologies Limited. The bidders are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password from e-Procurement Technologies Limited to ensure confidentiality. All bids made from the Login ID given to them will be deemed to have been made by their company.

10. The bidders will be able to view the following on their screen along with the

necessary fields in the e-Auction: a. Highest Bid (H1 unit Rate) in the Auction for the Lots for which they are

qualified to bid b. Bid Placed by them (Unit Rate) c. Their Own Rank (H1, H2, H3…. etc. where H1 would be the highest bidder,

H2 would be the second highest bidder and so on….) d. Opening unit Price & Bid Increment value for each Lot.

11. At the end of the e-Auction, BPCL will decide upon the winner. BPCL’s decision on award of Contract shall be final and binding on all the Bidders.

12. BPCL shall be at liberty to cancel the e-auction process at any time, before

disposing, without assigning any reason. 13. BPCL / ETL shall not have any liability to bidders for any interruption or delay in

access to the site irrespective of the cause.

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14. Other Terms & Conditions:

- The Bidder shall not involve himself or any of his representatives in Price

manipulation of any kind directly or indirectly by communicating with other

bidders.

- The Bidder shall not divulge either his Bids or any other exclusive details of BPCL to any other party.

- BPCL’s decision on award of Contract shall be final and binding on all the

Bidders. - BPCL along with ETL can decide to extend, reschedule or cancel any

Auction. Any changes made by BPCL and / or ETL, after the first posting will have to be accepted if the Bidder continues to access the site after that time.

- ETL shall not have any liability to Bidders for any interruption or delay in

access to the site irrespective of the cause. - ETL is not responsible for any damages, including damages that result

from, but are not limited to negligence.

- ETL will not be held responsible for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.

15. ONLINE BID FORM General description of details available online during bidding to enable bidders to put their prices online are as below.

Lot No.

Item Description Location Qty Unit Unit Rate in INR

(In Fig.)

Unit Rate in INR

(In Words)

1 As given in Table – A

As given in Table – A

As given in Table –

A

As given in Table –

A

Important Note:

1. The bidders have to quote in the “Unit Rate in INR (In Fig.)” column only during the e-auction.

2. Please note that in case you are H1 in any LOT then it is mandatory for you to submit the total amount to BPCL and uplift the material. Failure to do so will result in forfeiture of EMD for that category.

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3. The “Unit Rate in INR (In Words)” will be automatically converted by the System.

4. After the bidder submits the bid, confirmation of the price he has quoted for any

particular Lot is asked from him twice, after which only the system accepts or rejects his bid based on the Start Price / H1 rate at that point of time / Confirming to the minimum increment value.

Page 26: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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ANNEXURE D

[On Bidder letterhead with company seal and stamp with contact details ]

Letter of Confirmation [To be submitted by H-1 parties immediately

after the auction event ]

From :

Date :

To,

To,

M/s. Bharat Petroleum Corp. Ltd.,

CPO (Mktg.),

A-Installation,

Sewree(East), Mumbai -400015

Fax. 022 24117878

Dear Sir,

Sub : Confirmation of bidding at the e-Auction held on 23.12.2011 on behalf of BPCL,

Mumbai.

We hereby confirm that we bidded at the e-Auction held on 23.12.2011 by you and our highest

bid for the lot/s we participated were as under:

Lot

No.

Highest Bid [

Unit Rate ] in

figures.

Highest Bid (Unit Rate) in words

We also confirm that in case of acceptance of our offer, we have to deposit an amount in the form

of DD equivalent to [Total Basic amount for the LOT corresponding to the above unit rate ie qty

multiplied by Unit Rate + Sales tax as applicable + TCS @1 %]. Thanking you,

Yours truly,

(Name & SIGNATURE)

Company Stamp & Seal

Tel No. : Office

Residence:

Mobile:

E-mail:

PAN NO:

Page 27: BHARAT PETROLEUM CORPORATION LTD. BHARAT PETROLEUM CORPORATION LTD. CPO(Mktg.), ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015. Tel No : 022-24176416/24176207

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LOT NO. Location

Item Brief Description ( You are requested to visit the place before

quoting for the items. Pleae take prior appointment from the contact person before visiting the site)

EMD (`)

START PRICE

(`)

INCREMENTAL VALUE(`)

UOM AUCTION

START TIME

AUCTION CLOSE TIME

1

HYDERABAD AFS, BEGAMPET, HYDERABAD AIRPORT-560016. Contact Person : Anand Kumar S Tel No. 9848529252

MOVABLE/IMMOVABLE ASSETS: Buildings, Drain, Interceptor System, DG Sets, Pipes, Pump House, Borewell, Workshop Shed, MS Gates, Floating Suction, Tanks, Microfilters, Filter Water Separator, Power Cables, Transformer, Chain Pulley Block, Fire Extinguisher, Buckets, Air Cooler etc. 175000 1516640 10000 LOT 10.30 HRS 11:00 HRS

2

MANGLIA TERMINAL Contact Person: Mr. Rajat Sengupta Tel No. 9893024572

API Pipes, CS Pipes, Elbow, Tee, Valves, Coupling, Flanges, Gate Valves etc. 175000 1104000 6900 LOT 10.30 HRS 11:00 HRS

3

NHAVA DEPOT Contact Person: Dhiraj Karwale Tel No. 9930147668

DISPOSAL OF ASSET AT ONGC NHAVA DEPOT : Pump House, Flow Meter, Tank 181000 Liters, Iron gate- 2 Nos. Black Iron Pipe, Asbestos sheet, Valves, Hose Pipe, Aluminium Cables, Fire System and Extinguishers, Buildings, Fan, Tube Light, Cupboard etc. 75000 561600 3500 LOT 10.30 HRS 11:00 HRS

4

TRIVANDRUM LPG,LPG FILLING PLANT, POST BOX NO.6,KAZHAKUTTAM , Kerala-695582 Contact Person: Krishnamurthy N Tel No. 9446333610 OLD MECH. CAROUSELS 3750 32000 200 LOT 10.30 HRS 11:00 HRS

5

BHITONI LPG, P.O.SHAHPURA, DIST - JABALPUR. Contact Person : Vinod Somavanshi Tel NO. 8889200034

MECHANICAL CAROUSEL FILLING MACHINE WITH PNEUMATIC COMPRESSORS 15000 140000 900 LOT 10.30 HRS 11:00 HRS

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6

SEWREE INSTLN., SEWREE FORT ROAD,, SEWREE(EAST), Mumbai -400015, Contact Person : Ranjan Nair Tel No. 9930343199 ABOVE GROUND STORAGE TANK S11 15000 128000 800 LOT 11.00 HRS 11.30 HRS

7

SEWREE INSTLN., SEWREE FORT ROAD,, SEWREE(EAST), Mumbai -400015, Contact Person : Ranjan Nair Tel No. 9930343199

*Scrap consisting of HDPE Barrels, MS Barrels, Flanges, Tyres, HDPE Tanks, Scrap Cables etc. 35000 320000 2000 LOT 11.00 HRS 11.30 HRS

8

SEWREE INSTLN., SEWREE FORT ROAD,, SEWREE(EAST), Mumbai -400015, Contact Person : Ranjan Nair Tel No. 9930343199

Storage Tank , Fire Fighting system, Pumps, Pumpsets, Godown etc. 35000 224000 1400 LOT 11.00 HRS 11.30 HRS

9

Lube Plant Budge Budge, 2, GRAHAM ROAD, P.O. BUDGE BUDGE, DIST. 24-PARGANAS [SOUTH], WB-700137 Contact Person: Amrendra Kumar Tel No. 9433061962 *Empty Barrels (18 Kg)- 1800 Nos. 175000 640/ Barrel 4 Nos. 11.00 HRS 11.30 HRS

10

Lube Plant Budge Budge, 2, GRAHAM ROAD, P.O. BUDGE BUDGE, DIST. 24-PARGANAS [SOUTH], WB-700137 Contact Person: Amrendra Kumar Tel No. 9433061962 *Empty Barrels (20 Kg)- 1200 Nos. 175000 680/Barrel 4 Nos. 11.00 HRS 11.30 HRS

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11

Lube Plant Budge Budge, 2, GRAHAM ROAD, P.O. BUDGE BUDGE, DIST. 24-PARGANAS [SOUTH], WB-700137 Contact Person: Amrendra Kumar Tel No. 9433061962 *HDPE Containers 1500 28/KG 1 Kgs. 11.30 HRS 12.00 HRS

12

IRIMPANAM INSTLN.,IRIMPANAM INSTALLATION, NEW OIL INSTALLATION,COCHIN, Kerala- 682309 Contact Person : Ananda Bose Tel No. 9544456823 MAHINDRA TOURER, KL-7-L-946 (scrap) 1500 16000 100 PC 11.30 HRS 12.00 HRS

13

IRIMPANAM INSTLN.,IRIMPANAM INSTALLATION, NEW OIL INSTALLATION,COCHIN, Kerala- 682309 Contact Person : Ananda Bose Tel No. 9544456823 AMBASSADOR CAR, KL-7-S-7015 (scrap) 1500 20000 125 LOT 11.30 HRS 12.00 HRS

14

IRIMPANAM INSTLN.,IRIMPANAM INSTALLATION, NEW OIL INSTALLATION,COCHIN, Kerala- 682309 Contact Person : Ananda Bose Tel No. 9544456823 BAJAJ MOTOR CYCLE, KL-7-A-7508 (scrap) 1500 400 5 LOT 11.30 HRS 12.00 HRS

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15

IRIMPANAM INSTLN.,IRIMPANAM INSTALLATION, NEW OIL INSTALLATION,COCHIN, Kerala- 682309 Contact Person : Ananda Bose Tel No. 9544456823 BAJAJ MOTOR CYCLE, KL-7-A-6994 (scrap) 1500 400 5 LOT 11.30 HRS 12.00 HRS

16

COCHIN AFS,COCHIN AFS, VAPALASSERY(PO), NEDUMBASSERY,ERNAKULAM, Kerala- 683572 Contact Person: Milind Varhade Tel No. 9496449205

TATA 709 HYD DIS CHASSIS OF DISPENSER D23 ( This Chassis is being sold as a scrap) 3750 28000 200 NO. 12.00 HRS 12.30 HRS

17

BPCL, A Installation, HRS West, Sewree (East), Mumbai 400015. Contact Person- Sushil Kumar Tel No. 022 24176302 VEHICLE OPTRA, MH-01-MA-8713 (Vehicle) 35000 200000 1250 NO. 12.00 HRS 12.30 HRS

18

BPCL, A Installation, HRS West, Sewree (East), Mumbai 400015. Contact Person- Sushil Kumar Tel No. 022 24176302 HONDA CITY, MH-01-GA-5600 (Vehicle) 15000 104000 650 NO. 12.00 HRS 12.30 HRS

19

BPCL, A Installation, HRS West, Sewree (East), Mumbai 400015. Contact Person- Sushil Kumar Tel No. 022 24176302 MARUTI BALENO, MH-01-NA-620 (Vehicle) 35000 176000 1100 NO. 12.00 HRS 12.30 HRS

20

BPCL, A Installation, HRS West, Sewree (East), Mumbai 400015. Contact Person- Sushil Kumar Tel No. 022 24176302 MARUTI BALENO, MH-01-NA-612 (Vehicle) 35000 180000 1125 NO. 12.00 HRS 12.30 HRS

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21

GAIGAON/BADNERA DEPOT, P.B.NO.154, TALUKA - BALAPUR, DIST. - AKOLA, GAIGAON-444004, Maharashtra, Contact Person : Tirpude Milind Tel No. 888877 9200 OLD CO. TANK LORRY, MH-27-A-3129 15000 100000 625 NO. 12.30 HRS 13.00 HRS

22

HRS DEPT., 28-A, ECE HOUSE, K.G. MARG, CANNAUGHT PLACE, ECE House,Delhi- 110001 Contact Person : Nadeem Khan Tel No. 9818465300 AMBASSADOR RJ14-9C-1128 (Scrap) 3750 48000 300 NO. 12.30 HRS 13.00 HRS

23

HRS DEPT., 28-A, ECE HOUSE, K.G. MARG, CANNAUGHT PLACE, ECE House,Delhi- 110001 Contact Person : Nadeem Khan Tel No. 9818465300 AMBASSADOR DL 2CM 8630 (Scrap) 3750 32000 200 NO. 12.30 HRS 13.00 HRS

*Pollution control Board Certificate required from the parties. EMD should accompany the PCB Certificate , without which the DD will

not be accepted.

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TABLE - A ( PART-2)

TENTATIVE TAX RATES

STATE TAX SCRAP

BARRELS # Barrels made

of MS/Plastic/HDPE

MATERIAL

TAMILNADU VAT 12.50% 4%

CST WITH 2% 2%

FORM"C"

CST

WITHOUT 12.50% 4%

FORM "C"

VAT 14.50% 4%

ANDHRA CST WITH 2% 2%

FORM"C"

CST

WITHOUT 14.50% 4%

FORM "C"

KARNATAKA VAT 5% 5% #

CST WITH 2% 2%

FORM"C"

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CST

WITHOUT 5% 5%

FORM "C"

*KERALA VAT 12.50% 4%

*In addition to VAT/CST 1% surcharge will be collected

CST WITH 2% 2%

FORM"C"

CST WITHOUT 12.50% 4%

FORM "C"

Rajasthan VAT 5% 4% CST WITH FORM ‘C’

2% 2% CST

WITHOUT FORM ‘C’ 5% 4%

*Punjab I0% surcharge will be charged additionally

VAT 5% 4% CST WITH FORM ‘C’

2% 2% CST

WITHOUT FORM ‘C’ 5% 4%

Haryana VAT 5% 4%

CST WITH FORM ‘C’

2% 2%

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CST WITHOUT FORM ‘C’

5% 5%

Delhi VAT 5% 4% CST WITH FORM ‘C’

2% 2% CST

WITHOUT FORM ‘C’ 5% 4%

UTTAR PRADESH

VAT

5% 4%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’ 5% 4%

Bihar VAT 4% 4%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

4% 4%

West Bengal VAT 4% 4%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

4% 4%

Orissa VAT 4% 4%

CST WITH FORM ‘C’

2% 2%

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CST WITHOUT FORM ‘C’

4% 4%

Maharashtra VAT 4% 5%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

4% 5%

Gujarat VAT 4%+1% 4%+1%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

4%+1% 4%+1%

Madhya Pradesh

VAT 5% 5%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

5% 5%

Chhattisgarh VAT 5% 5%

CST WITH FORM ‘C’

2% 2%

CST WITHOUT FORM ‘C’

5% 5%

Goa VAT * 5%

CST WITH FORM ‘C’

2% 2%

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CST WITHOUT FORM ‘C’

* 5%

(In case of Gujarat State in addition to VAT rate, there is Additional Tax @ 1% in all the cases. However, the same is not applicable in case of CST

sales which are made only against Form C. In other words the Gujarat VAT and CST full rate would be 5% i.e. 4% VAT and Additional Tax 1 %.)

The above mentioned tax rates are tentative and BPCL reserves the right to apply the rates applicable for ferrous and Non –ferrous items, which will be

informed during the auction.

Tax rates for vehicles shall be 12.5% until BPCL specifies that the subject vehicle is being sold as scrap, where the scrap rates will be applicable.

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SPECIAL CONDITIONS for Disposal of Scrap: The following items are not covered in the subject disposal and they are excluded from

contractor‘s scope of work.

a) Land.

b) Grown up Big Trees. However small bushes / shrubs etc are to be

removed and area to be cleaned from all vegetation etc.

1. Pipelines running under Railway Tracks

2. Any petroleum products such as petrol,/diesel/kerosene/lubricants/greases /gear oils etc

found in tanks/pipes/barrels/loose/bulk/packages etc either inside or outside scrap

premises. Petroleum products /sludge are not covered in sale and to be handed over to

BPCL if any found/salvaged.

Please note that as BPCL has to handover land to Govt. Authorities for their construction of sheds

etc., urgently and therefore the sequence of disposal in Phases and Time Lines shall be as under.

Contractor has to immediately complete the disposal of facilities falling under area from

boundary wall.

The contractor‘s obligations for completion of entire job will be as per tender terms & conditions.

At the time of dismantling of facilities, the contractor has to provide separate temporary fencing

at his cost so that even after handing over part land to Govt. Authorities for their construction

activities, other facilities are demarcated, and any encroachment from unauthorized authority /

people are avoided. The contractor has to make their own

arrangements for safety and security during the entire operations of disposal activities. The entire job must be completed as above, but not exceeding 8 weeks from the date of

authority letter as shown above, failing which appropriate action as deemed fit will be taken

in line with the general terms and conditions of the auction tender. The successful bidder has to surface & level the complete area after shifting all the materials. All

debris are to be removed from site. For leveling the ground to one level and filling up all trenches

of under ground tanks or any low level or trenches, all debris, earth, rubble, bricks, mortar etc.

salvaged from dismantling are to be used. The bidder has to arrange and bear the cost of

dismantling, loading, unloading & transportation of materials to his / their place. After excavating

/ removing the underground tanks, pipelines etc. the same are to be filled up with available

material or material brought from outside if required at contractor‘s cost and risk in particular for

filling up of under ground tank trenches etc.

Dismantling of Underground pipelines in the Railway siding area from decantation header /

manifold sections and up to BPCL scrap compound wall needs Railways permission for

dismantling / excavation etc which are to be obtained by the Purchaser only.

However, BPCL may provide any assistance if required to the Purchaser in obtaining such

permissions. After excavation, etc. the area is to be filled back and brought to original condition

to the satisfaction of the BPCL and as directed. All safety precautions as stipulated by BPCL are

to be followed at the time of disposal of facilities both inside and outside BPCL scrap premises /

compound wall. Any damage to the Corporation‘s or Third Party‘s properties during removal of

the items will have to be made good by the successful tenderer at their own cost. The Corporation reserves the right to claim from the contractor any expenses which might have been incurred by it

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over and above the EMD by way of restoring damages caused to properties belonging to the

Corporation / Third Parties by the action of such contractor‘s or their men.

Party has to make his own arrangement for power connections to cut the tanks or lighting or any

other purpose. BPCL shall not provide any power connection.

The scrap disposal as per scope mentioned shall be sold in one lot only for each scrap on

“As is where is basis”.

However, since there are both Ferrous and Non–Ferrous material for which VAT rates varies, the

lump sum rate quoted by you shall be proportionately broken as under in case of Pathankot

Scrap:

90% of the lump sum rate shall be levied @ 4% VAT rate considering the same as Ferrous scrap

& 10% of the lump sum rate shall be levied @ 12.5% VAT considering as Non - Ferrous

items.However the tax rates are not final and are subjected to change at the time of collection of

Sales Proceeds, which will be as per applicable rates. Decision of BPCL in regard to applicability of VAT as per above break up of lump sum rate

quoted would be final and binding to the successful bidder and bidders can not claim / dispute on

this matter.

No invoice / challan will be issued by BPCL for each truck of materials to be removed since the

entire materials are being disposed on lumpsum single lot basis. OTHER SPECIAL CONDITIONS FOR DEMOLITION OF SCRAP FACILITIES

1. The intending bidder should inspect the site prior to submitting of the offer and make himself

familiar with the site conditions and available facilities.

2. Bidders alongwith the offers must give an undertaking that the steel plates of tanks / pipelines

that have contained leaded gasoline will not be used for edible products / drinking water unless

they are rendered completely safe by suitable means.

3. Demolition is an inherently hazardous process and hence every person involved in demolition

activity must wear protective equipment including helmet, gloves, safety footwear etc. as per

BPCL guidelines.

4. Demolition must be supervised by persons, having thorough knowledge of demolition process.

5. Successful bidder shall carryout a survey to assess the physical characteristics and design of the

facilities to be demolished so as to arrive at a safe demolition method. Based on survey

Demolition Action Plan shall be submitted for BPCL‘s approval, before starting any demolition.

The plan should include :

• Sequence of demolition of facilities with time frame.

• Method of demolition of facilities including drawings / sketches if any.

• The proposed treatment for steel plates particularly for tanks which contained

leaded gasoline.

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• How the party will further utilize the steel plates obtained from product tanks and also the

product pipes.

• Method of disposal of debris.

• Manpower to be deployed.

• Machinery, Equipment to be deployed.

• List of PPE [ Personal Protective Equipments ] required and that would be worn by people

involved in the activity.

6. Before demolition begins, all utility services to the structure like electricity / water etc. must be

disconnected. Arrangements must be made to keep the unwanted persons as far away as possible

from the site by necessary barricade.

7. It is dangerous to leave isolated parts of a wall / structures standing as they are liable to

collapse from the effect of high winds / self weight etc. and hence necessary cordoning should be

made for such cases.

8. Debris should not be allowed to build up against walls or floors with the consequent risk of the

structure being unintentionally overloaded.

9. Disposal process for debris and pit / yard for the same should be identified for safe disposal

within the stipulated time.

10. Order dismantling :

From safety consideration following order for dismantling of the scrap facility is recommended :

• All equipment / fittings

• A/G Product piping and allied fittings

• A/G Product tanks

• U/G Product tanks

• Fire protection facilities i.e. fire water tanks, hydrant mains, monitors, etc.

• Internal electrification

• Structures

• Buildings

• Electrical – external yard lighting, cabling MCC etc.

• Communication.

The above is a standard sequence for dismantling, but for this particular tender above sequence is

superseded by earlier conditions of dismantling in 3 phases as mentioned in special conditions

above.

11.1. Demolition of Above Ground (AG) Tanks :

Before the start of demolition of above ground tanks, ensure that the copies of the tank cleaning

certificates for the tanks are available. The same to be certified by the BPCL officer (or)

authorized inspector from BPCL who is witnessing the demolition before the start of the work.

After opening of the manhole cover,test the small vapor space with a gas detector and if the

reading is below 5% of the LEL, then the demolition activity may be taken over. If the same is

found above 5%,. the disposal vendor may inform BPCL about the higher LEL readings and

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41

BPCL shall arrange to clean the tank further. No work shall be taken up on the tank in this case

.Please note that the reading of the gas detector has to be witnessed by the BPCL officer (or)

authorized inspector from BPCL.

There are fatal and serious accidents caused by persons entering confined spaces without the

necessary tests being carried out and correct safety / rescue equipment being provided. It is

therefore absolutely essential to ensure that product tanks are tested and certified gas free prior to

starting of hot work.

Following sequence shall be followed for dismantling of A/G tanks.

a) Mechanical isolation of Tank by removing all pipe connections, fittings like Level Gauges,

Dip hatch, PV Valves, Inter-tank catwalk (if any).

b) Internal treatment and further dismantling.

AG tanks shall be demolished preferably by reverse jacking method.

For safe working, necessary scaffolds / platforms etc. shall be erected and proper access to them

shall be provided. The steel plates cut from tank shall be lowered using safe hoisting devices

having valid test certificates.

Prevention of further use of steel plates which contained leaded gasoline for storage of edible

products / drinking water, unless they are removed.

While disposing of the steel plates obtained from product tanks, which contained leaded gasoline,

it shall be ensured that they are not further used for storing edible product and drinking water,

unless they are rendered completely safe. This could be ensured by the following methods.

* By heat treatment of steel plates using flame cleaner.

* By removing all scales etc. by abrasive blast cleaning using grits / shots.

If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to

prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and

not reused for other operations. It should be disposed off along with the residue thus obtained as

per practice followed for leaded sludge.

All parties involved in handling the plates should be made aware of their origin and risks

involved in view of leaded gasoline.

Disposal of steel plates from tanks, which didn‘t contain leaded gasoline

Steel plates of other tanks, in which leaded products have never been stored, can be disposed off

after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The

responsibility of ensuring that the plates are completely safe for further use lies with the

successful vendor.

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11.2 Demolition of UG tanks

Following sequence should be sued for the disposal of Underground tanks :

1. Mechanical isolation of Tank by removing all pipe connections, fittings like Level

Gauges, Dip hatch, PV Valves etc.

2. All personnel involved in the removal and disposal of underground tanks should be aware

of the potential hazards associated with—

(a) flammable and/or combustible liquids;

(b) product toxicity;

(c) entry into confined spaces; and

(d) entry into excavations.

3. Before start of any work on the UG tank, ensure that the copies of the tank cleaning

certificates for the tanks are available. The same to be certified by the BPCL officer (or)

authorized inspector from BPCL who is witnessing the demolition before the start of the

work.

4. Open the manhole covers with the anchoring supports in place and if the tank is found to

be filled with water, it will be necessary to dispose of the water in an environmentally

safe manner.

5. After removal of the water from the tank, refill the tank with fresh potable water until the

tank starts to overflow. Do not allow excess water to escape into the excavation and

ensure the level does not rise into the vent pipe and submit the tank to excess static

pressure.

6. Withdraw water until the level is again down to 150 mm below the top of the tank.

Use only pumping equipment suitable for the purpose and collect all water for proper

Disposal.

7. Allow the tank to settle for 2-3 hours and test the small vapor space with a gas detector

and if the reading is below 5% of the LEL, then the tank may be emptied. If the same is

found above 5%, remove the water from the tank . The disposal vendor may inform

BPCL about the higher LEL readings and BPCL shall arrange to clean the tank further.

No work shall be taken up on the tank in this case .Please note that the reading of the gas

detector has to be witnessed by the BPCL officer (or) authorized inspector from BPCL.

8. If the reading of the gas detector is below 5%, the water may be removed and the cutting

operations may be carried out.

For safe working, necessary shoring /shuttering /platforms shall be done and proper access shall

be provided. The steel plates cut from tank shall be lifted using safe hoisting devices having valid

test certificates.

Prevention of further use of steel plates which contained leaded gasoline for storage of edible

products / drinking water, unless they are removed.

While disposing of the steel plates obtained from product tanks, which contained leaded gasoline,

it shall be ensured that they are not further used for storing edible product and drinking water,

unless they are rendered completely safe. This could be ensured by the following methods.

* By heat treatment of steel plates using flame cleaner.

* By removing all scales etc. by abrasive blast cleaning using grits / shots.

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If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to

prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and

not reused for other operations. It should be disposed off along with the residue thus obtained as

per practice followed for leaded sludge.

All parties involved in handling the plates should be made aware of their origin and risks

involved in view of leaded gasoline.

Disposal of steel plates from tanks, which didn‘t contain leaded gasoline

Steel plates of other tanks, in which leaded products have never been stored, can be disposed off

after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The

responsibility of ensuring that the plates are completely safe for further use lies with the

successful vendor.

12. Product Pipelines :

The pipelines can be disposed off after cleaning by sufficient water flushing. The successful

vendor shall ensure that these pipes are not re-used for carrying edible products / drinking water

unless they are rendered completely safe. All parties involved in handling the pipes should be

made aware of their origin and risks involved.

13. General Safety regulations / precautions while carrying out dismantling works.

The objective of this documents is to provide and establish safe-working practices at the work site

of Bharat Petroleum Corporation Ltd. These summarized safety requirements are mandatory and

should be fully understood both by the successful vendor and their employees. The contractual

obligation for safety lies completely with the contractor himself. Further some additional safety requirements also can come up. In such an even, the successful vendor shall follow the more

stringent regulation at all times.

The successful vendor shall at his own expense arrange and comply with all safety provisions as

stipulated by the Company / Bueuro of Indian Standards / the Electricity act / Factory act / OISD

and other acts as applicable, in respect of all personnel, directly or indirectly employed for the

work. The successful vendor shall ensure that he, his sub-contractor and workers employed by

him shall comply with all fire / safety / heath regulations issued from time to time by the

company.

The successful vendor shall also be liable for any pecuniary liability arising on account of any

violation by him of the safety requirements. Should any injury to people or loss or damage due to

fire / or accident to any property or a portion thereof occur as a result of failure to comply with

such regulations, the successful

vendor shall be held responsible for the consequences thereof and shall keep the company

harmless and indemnified.

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Relevant Indian standard codes on safety :

1) IS:3764-1922-Excavation work-code of safety

2) IS:401 (Part1&2) – 1967 - Safety regulations for steel tubular scaffolding

3) IS:3696(Part 1)-1987-Safety code for scaffolds

4) IS:3696(Part 2)-1987-Safety code for Ladders

5) IS:7293-1974-Safety code for working with construction machinery

6) IS:3016-1982-Code of practice for fire precautions in welding and cutting

operations

7) IS:4130-1991-Demolition of buildings-Code of safety

8) IS:5216(Part 1&2)-1982-Recommendation on safety procedures and

practices in Electrical work.

9) IS:10667-1983-Guide for selection of industrial safety equipments for protection foot and leg.

10) IS:6994(Part 1)-1973-Specification for safety gloves:Part 1-Leather and cotton gloves.

11) IS:2925-1984-Specification for Industrial safety helmets

12) IS:3521-1983-Industrial safety belts and harnesses

Working at Height :

Working at height is one of the most hazardous construction operations. Utmost care is to be

taken while working at height.

* Working at height more than 2 Mtrs. Shall be done with suitable guard rails and toe board.

Guard rail and toe board dimensions shall be same as given for scaffoldings.

* While working at height 2 Mtrs. And above safety harness must be used. All openings must be

boldly & clearly marked and properly barricaded. If cover is used it must be capable to bear the

weight.

* Proper crawling ladders must be used for sloping roof where tile battens are not strong enough

to take the load.

* For fragile roof crawling boards or roof ladder shall be used.

* Openings / cut outs on floor / roof must be guarded with barricade / cover having capacity to

withstand human load and clearly marked with colour and notice board.

Using Ladder :

* Only one person shall climb or descent from one ladder at a time.

* It shall be secured at top and bottom and in addition one person should be present at the ground

to hold the ladder as a second check.

* If the ladder is used for carrying material as well, suitable foot holds and handholds shall be

provided on the ladder.

* The slope of the ladder shall not be too steep or flat (the ladder shall be given an inclination not

steeper than 1 to 4 i.e. 1 horizontal to 4 vertical) to cause slipping or falling off and it shall rest on

firm surface.

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* No portable single ladder shall be over 10 M in lengths, while the width between the side rails

in ring ladder shall in no case be less than 30 cms. for ladder upto and including 3 Mtrs. in length.

* Ladder shall extend at least 1 M above landing place.

* For longer ladders this width should be increased by at least by 6 mm for each additional 30

cms. of length. Uniform step spacing shall not exceed 15 cms. Rung of the ladder shall not be

used for support or to tie, stiles or side members are meant for this.

* Ladder shall not be hung from its rungs or from one stile as this tends to pull out the rungs.

* Make sure that footwear is free from mud or grease etc. before climbing a ladder.

* Ladder used shall be of standard material like wooden / steel and be

sufficiently strong conforming to IS:3696-1991(Part 2). Scaffolding :

Scaffolding can be defined as a temporary structure supporting one or more platforms and which

is used either as a workplace or for storage of materials in the course construction work, including

both for maintenance and demolition.

* Scaffolding shall be provided for all works that cannot be safely done from the ground except

such short period of work, as can be done safely from ladders.

* Scaffolds shall be erected, altered or dismantled only by competent

persons under proper supervision.

* After erection, scaffolds shall be inspected at least once in a week and a written report on each

inspection is kept.

* The height above which scaffolding is mandatory is 2 Mtrs.

* Scaffolding shall be of good quality Bamboo or steel tubular structure conforming to IS:

4014(Part I and II).

* Scaffolds shall be designed for their maximum load and with a safety factor of at least 4 or as

prescribed by the site-in-charge.

* Scaffolds shall be provided with safe means of access, such as stairs, ladders or ramps.

* Scaffold shall be tied or anchored to the building or structure at suitable intervals so as to

prevent movement.

* Joints in the scaffolds shall be tied up and clamped properly to avoid any slippage.

* The upright members of the scaffolding shall be placed on firm and level ground and base

plates at their feet shall rest on timber sole boards. All the uprights shall be kept equidistant and

shall be connected and strengthened by ladders fixed on the inside of the uprights, for strength,

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joints in ladders shall be staggered. Transforms shall be set on top of ladders and at right angles to

them and building structure. Bracing is essential to stiffen the scaffolds and prevent sideways

movement and it should run diagonally from ladder to ladder or upright to upright. * Working platforms and gangways should rest squarely and evenly on

transforms to prevent risk of trippling. Recommended width of it are :

a) Not less than 60 cm if used as footing only.

b) Not less than 80 cm if used also for stacking of materials

c) Not less than 1.1 Mtrs. If used for the support of a trestle platform.

* The provision of security guard rails and toe board at every point at which full height is more

than 2 Mtrs. Shall be made. Guard rail height should be between 90cm and 115 cm and toe board

should raise 15 cm above the working platform.

* Suitable protection shall be made by providing debris netting against falling of materials.

* Mobile tower scaffold – wheels should be locked when in use.

* Static tower scaffold should not exceed 12 Mtrs. In height when free

standing and above this height should tied

* Height to base width ratio for static tower should not more than 4:1, 3.5:1 and 3:1 for indoor,

outdoor and mobile tower respectively.

*Safety harness should be used while working at height more than 2 Mtrs.

* Scaffolding shall be physically checked for load carrying capacity

occasionally.

* Following BIS safety codes shall be referred for further safety precautions

a) IS:3696-1987 PART I-Safety of scaffolding

b) IS:3696-1991 PART II-Safety code for ladder

c) IS:4014-PART 2-Code of practive for steel tubular scaffolding –

safety regulations. Working Platform :

Wherever possible, all works to be done at a height greater than 2 Mtrs. Above ground level must

be performed from properly constructed and maintained working platform. Safe means of access

shall be provided to all working platforms. Working platforms, gangways and stairways shall be

so constructed that they shall not sag unduly or unequally. Every opening in a working platform

shall be provided with suitable beams to prevent the fall of persons or materials.

The working platform shall be :

- Closely boarded

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- At least 60 cm wide if used only as a footing only, at least 80 cm wide if used also for stacking

material, and at least 1.1 Mtrs. If used for the support of a trestle platform.

- Provided with tow-boards of minimum 0.15 Mtrs. in height.

- Provided with hand rails not greater than 0.85 Mtrs. above toe-board.

- Constructed as close to the structure or building as possible. Working on roof :

People working on roof shall be properly protected by providing temporary railing/ hand rails /

safety harness. Workers working underneath shall use helmets. Care shall be taken to prevent

falling of material from top to adjoining area in slat roofs more than 10° safety belt shall be used

and belt end fastened properly to a fixed object. Workmen shall not be allowed to work on

slippery roofs.

Fragile materials such as wired glass, corrugated plastic sheeting and unreinforced insulating

slabs etc. shall be identified and necessary precautions taken while working on them. People

working on fragile roof shall be properly protected by providing two Crawling Bards or Roof

ladders so that one is available to stand on while the other is being moved. Crawling Boards shall

have cross batons atleast 32 mm. thick and not more than 380 mm. apart and shall be secured in

position. Gas cutting :

Adherence to relevant codes and employment of qualified workers are two basic requirements for

gas cutting process. Hazards such as electricity, heat / flame, flammable gas etc. are present in

this process. Hence following precautions must be followed while carrying these operations.

* All fire precautions as stipulated in IS:3016 (Code of practice for fire precautions in welding

and cutting operations) shall be followed while gas cutting operations) shall be followed while

gas cutting.

* Fire extinguishers, sand buckets, water and gunny bags shall be provided when hot work is in

progress. Gas cylinders used for gas cutting.

* Gas cylinders shall be of approved make

* Gas cylinder valves shall always be checked and shall be closed when not in use.

* Be stored in a well-ventilated area.

* Be fitted with safety caps when not in use

* Not be lifted by nozzle and rolled.

* All gas and oxygen regulators shall be fitted with Flashback arrestors, being non-return valves

designed to prevent and explosive mix developing in cylinder.

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* Checking for leaks shall be by means of soapy liquid applied to each joint and under no

circumstances shall a naked flame be applied to any part of the cylinder.

* When working at a height, do not place cylinders directly beneath the working area, as molten

metal may fall in to the hoses, causing leaks and possibly igniting the gases.

* The welder and any person working in close proximity, in order to prevent permanent damage

to the eyes must wear suitable eye protection when not in use, electricity to the holder and

electrode shall turned off. * Hose shall be in good condition, properly clamped as per specifications Welding cable shall

have proper insulation with minimum number of joints.

* All equipments shall be properly earthed, and cables properly insulated and connected.

* SCRAP Cylinders, if used, should be stored / kept in a well-ventilated placed and there should

be no excavations, drains or basements nearby.

* SCRAP Cylinders should never be stored below ground level or closer than 3 M to cylinder

containing oxygen or materials which are toxic and corrosive.

* Cylinders full or empty should never to stored upright with the valve uppermost.

* The valve of empty SCRAP cylinders should be kept closed, if they are left open, air will

diffuse into the cylinder and may form an explosive mixture.

* BIS Code IS:3016-1982 on ―code of practice for fire precautions in welding and cutting

operations‖ shall be referred for further safety measures.

Electrical work :

Some of the basic safety steps to be ensured are given below.

1) Only authorised person shall carry out dismantling of electrical system.

2) Isolation of the electrical system before taking up the work must be ensured.

3) Before working on an electrical line fuse should be physically removed and the line is isolated

and a suitable locking mechanism must be provided to prevent accidental switching / fixing fuses

by other persons. A notice board displaying ―Men at work‖ message should be placed. The

section of circuit under repair should be connected to earth.

4) IS: 5216-1982 ―Recommendations on safety procedures and practices in Electric Works‖ shall be

referred for further safety measures.

Working with machineries / Material handling equipments :

Many accidents take place while handling materials at site. It is highly hazardous operation.

Hence special attention by contractor is required in this respect. Following precautions are

recommended.

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* Safe working space for all these equipments must be provided. Proper material stockyard

should be made and all material should be staked / arranged / kept in orderly manner with proper

moving space for handling machinery.

* Proper warning boards / signs shall be provided when machineries like cranes hoists are being

operated.

* Brakes, clutches of winches shall be checked on regular basis. Chains, ropes belts shall be

inspected and repaired / changed as necessary.

* All moving part of the material handling equipment must be provided with suitable guards.

* Lifting ropes should be inspected for kinking, loose wires, high strands, corrosion, nicking,

lubrication, change in diameter / cross section.

* Slings and other lifting materials which are not suitable for use should be promptly withdrawn

and destroyed.

* Lifting chains should be inspected for bent links, cracks in weld areas or any other section of

link, trasverse nicks and gauges and corrosion pits. * Elongation of the lifting chain link due to over loading should be inspected before using it.

* For lifting hook, if the throat opening exceeds 15% of the normal opening, it should be

replaced. When inspecting the hook, measurement must be made between the shank and

narrowest point of the hook opening.

* A chain used for lifting should not be spliced by inserting a bolt between two links.

* Strain should not be put on a kinked chain.

* Hammer should not be used to force a hook over a chain link.

* A safety hook fitted with a latch to prevent displacement of loads should only be used for

material handling / lifting.

* IS:7293-1974 (Code of Practice for Working with Construction Machinery) shall be referred for

further safety measures.

Cranes :

* All works involving the use of crane shall be properly planned in advance and the following

shall be ensured.

* The crane is capable of lifting the load. Safe load capacity should be clearly marked on jibs,

winches, pulleys, slings and ropes. All job cranes should have an automatic safe load indicator

which alerts the operator.

* The condition of the ground at the crane location is satisfactory to support the crane and the

load.

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* The rotation of the cab and, therefore the boom is not restricted-suitable matting or plates are

available to protect underground services and paving.

* All slings shackles, hooks etc. are of correct rating and in good condition.

* Cranes and lifting equipments must be inspected and carry a valid test certificate issued by an

accredited testing agency.

* Crane hooks etc. are to be fitted with properly functioning safety clips to prevent displacement

of the sling from the hook during the lift.

* Driver of the crane must be watchful and must ensure before driving the vehicle either forward

or reverse that no one is near the wheel of the vehicle and no one is trying to climb the vehicle

while moving.

* Crane operators and signalers must be over the age of 18 trained and sufficiently experienced.

There should always to a signalman or a signaling system such as a telephone, if the crane

operator cannot see the load throughout the lift. Hand signal shall be clear and distinct and shall

follow recognised code or system. Workers must be use safety shoe and helmet. They are also

required to wear gloves and other PPE for handling of some special materials.

* Raising, lowering and braking of jib should not be done abruptly in order to prevent it from

snapping.

* All vehicles used by the contractor shall be in worthy conditions and in conformance to the land

transport requirements. Cranes should be tested and examined by a competent person for its wear

and tear. * No part of the crane or crane load should be closer than 4 Mtrs. to live overhead.

* For movement of crane or other material handling equipment ramp gradient should not exceed

1 in 10.

* No person should be allowed to stand or work under lifted load.

* All drivers shall hold a valid driving license for the class of vehicle to be driven. Manual Handling :

Assistance should be obtained if the load is too heavy or awkward for manual handing.

Clear walkway to the destination and safe stack should be ensured before handing the load

manually. Following procedure should be followed while lifting the load manually.

* Stand close to the load on a firm footing and with feet about 30 am apart.

* Bend the knees and keep your back as straight as you can.

* Take a firm grip on a load.

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* Breathe in and throw the shoulders backwards.

* Straighten the legs & continue to keep the back as straight as you can.

* Make sure that your view is not obstructed by the load.

* Keep the load close to the body.

* Lift slowly and smoothly.

* When carrying the load, avoid twisting spine to run, move your feet instead.

* One person should not be allowed to pull more than 63 kg.

* The best weight unit for lifting by a worker is 18 kg. and hence should be fixed as upper limit

of load to be lifted by worker.

* If two or more workers are lifting, one should give instructions to ensure that the team works

together.

• Type of clothing is very important in manual handling of material. Clothing should be such that

it allows easy movement of arms and will not catch in machinery or on a load.

• The successful bidder of the said scrap assets will assume full responsibility for demolishing

and dismantling the said facilities and it‘s removal from the corporation‘s land ,whether through

his own employees or through contract labour. It should also be a condition of the tender

documents that consequent upon the sale of the said scrap assets, the scrap shall cease to be the

corporation‘s ―establishment‖, as that expression is defined in the Building and other construction

workers act‘1996,and if the successful bidder employs 50 or more building workers for the

demolition of the said facilities, he as the ―employer‖ in relation to the said establishment will

ensure full compliance with the said act ,including section 44 & 45 thereof. Upon the cancellation

of the factory license and the slump sale of the assets of the said scrap, the storage and

distribution of petroleum products is no longer carried on in the said facilities. The successful

bidder or purchaser of the said scrap assets, who demolishes the said facilities with the intention

of selling the various items from the scrap as scrap for his own benefit, cannot be regarded as a

―contractor‖ as that expression is defined in the contract labour (regulation & abolition act,1970,

Similarly, the workmen engaged by the successful bidder or purchaser of the said scrap assets for

carrying out the work of demolition, cannot be regarded as contract labour under the said act. In

the circumstances, no sooner the property in the assets of the scrap facilities is transferred to the

successful bidder or purchaser, the corporation can not be regarded as the ―principle employer‖

under the said act, in as much as the Corpn. has ceased to continue the work of the establishment

viz. The storage and distribution of the petroleum products in the concerned scrap.

• Under the Environment (protection) Act, 1986 read with Hazardous waste (management &

handling) rules,1989, the ―occupier‖ in relation to the scrap facilities is obliged to ensure that all

hazardous waste are properly handled and disposed of without any adverse effects which may

result from such wastes and is also responsible for proper collection, reception, treatment, storage

or disposal of these wastes either himself or through the ―operator of the facility‖. Since the

corporation is governed by the said act and rules and highest bidder / purchaser of the scrap assets

is not the occupier generating hazardous, it is incumbent on the corporation to continue its

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practice namely handing over the site to the successful bidder, the product including the sludge /

vapour and gas etc is completely removed as per the Company‘s operating procedure. It may also

be appreciated that the highest bidder/purchaser may fail to take any safeguards to protect his

employees or the employees of a contractor engaged by him or the public at large from the toxic

or poisonous effects of the residual sludge / vapour or gas.

Special Conditions for Vehicles

Further please note that TANK LORRY/CAR/MOTOR CYCLES can be handed over to the successful bidders who has paid full sale value including Sales Tax amount & TCS only after transfer of name from BPCL to buyer’s name and proof of the same is shown to us. However in case the buyer is likely to take time for transfer of name in documents such as RC book and Insurance etc. for reasons beyond their control, BPCL as a special case may agree to hand over the cars after taking an Affidavit Cum Indemnity Bond on Rs.220/- (Rupees two hundred twenty only) Non Judicial stamp paper document and duly notarised as per BPCL format indemnifying BPCL from all liabilities / risks etc. EMD shall be refunded only after the transfer of name only. All relevant papers like RC Book etc. will be given to the buyer along with the respective Vehicles at the time of sale wherever available. The bidder should check the document before bidding. Please note certain vehicles do not have RC paper & for certain vehicles road tax has not been paid. The same may be checked and accordingly bidders may quote. BPCL shall not be liable for any cost on this account. The vehicles are being sold on as is where basis and no complaint basis. If successfully bidder (either individual/firm/dealer ) is to register the vehicle 1) Either they have to register the vehicle in their name/firm name after that only the vehicle shall be handed over to the successful bidder. 2) Or submit an undertaking on Rs.220/- non judicial stamp paper to BPCL in the format as per BPCL that the successful bidder will subsequently get the vehicle transferred to the person they resell/their name and till such time (time between handing over the vehicle by BPCL and the transfers takes place), BPCL is not responsible for any liabilities,consequences, damages ,losses, claims resulting out of this sale and it has to be presumed that for all practical purposes, after delivery by BPCL the successful bidder is the owner of the vehicle and not BPCL since BPCL has sold the vehicle to the successful bidder who has submitted the 100% payment. Only after the receipt of this undertaking the vehicle shall be handed over to the successful bidder. However BPCL shall not release the EMD till such time proof of change of ownership is shown in RC book /Insurance documents etc. And if the successful bidder intend to scrap the vehicle and sell the parts separately, no RC or documents will be given. The successful bidder shall submit an undertaking to this effect at the time of deposit of 100% payment to BPCL. The EMD shall be returned once the vehicle is scrapped (duly witnessed by BPCL representative). Please note that the tank lorries and cars are sold in nos/lot. The bid price received for the lots shall be equitably proportioned for individual vehicle for purposes of sales tax/VAT/any other statutory levies. While disposing of the tanks obtained from refueller/tank lorries, which contained leaded gasoline, it shall be ensured that they are not further used for storing edible products and drinking water, unless they are rendered completely safe. This should be ensured by following methods:

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1. By heat treatment of the steel plates with flame cleaner 2. By removing all scales etc. by abrasive blast cleaning using grit shots. 3. If the lorries are grit/shot blasted care shall be taken to collect the grit or shot from the operation to prevent spread of lead bearing dust. The used grit/shot must be treated as contaminated and not reused for any other operations. It should be disposed off along with the residue obtained as per the practice followed for leaded sludge. 4. All parties involved in handling the tank lorries should be made aware of there origin and risk involved in view of leaded gasoline. 5. Undertaking for the above on a Rs.220/- non judicial stamp paper to be submitted by the bidder.

ARBITRATION CLAUSE:

“Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set

off of Owner / Vendor against omission or account of any of the parties hereto arising out of or in

related to this Contract shall be referred to the Sole Arbitration of Director (Marketing) of BPCL

or to some officer of BPCL who may be nominated by the Director (Marketing).

In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the Director

(Marketing) of BPCL shall designate another person to act as an Arbitrator in accordance with the

terms of the said Agreement. The Arbitrator newly appointed shall be entitled to proceed with the

reference from the point at which it was left by his predecessor.

It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the

Corporation and may be Share holder of the Corporation.

The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties

to the contract and the law applicable to arbitration proceedings will be the Arbitration and

Conciliation Act, 1996 or any other enactment in replacement thereof.

The language of the proceedings will be English and the place of proceedings will be Mumbai

The parties hereby agree that the Courts in the city of Mumbai alone shall have jurisdiction to

entertain any application or other proceedings in respect of anything arising under this Agreement

and any Award or Awards made by the Sole Arbitrator hereunder shall be filed, if required, in the

concerned Courts in the City of Mumbai alone.‖

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