e-tender for fo ex-mathura 2014 - bharat petroleum · 1 tenderer’s covering letter as per format...
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TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 1
BHARAT PETROLEUM CORPORATION LIMITED
TERRITORY MANAGER (I&C), DELHI PLOT NO A-5&6, UDYOG MARG,
SECTOR 1, NOIDA, UP - 201301 TEL NO: 0120-2474146; 2474369. FAX NO. 0120-2474380
NOTICE INVITING e-TENDER FOR TRANSPORTATION FO EX-
BPC’s INSTALLATION AT MATHURA IN UTTARPRADESH
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014
(Published on: 02.06.2014)
Tender Name: e-Tender for Road Transportation of Furnace Oil(FO) ex BPC’s INSTALLATION AT MATHURA IN UP for deliveries (i) Within FDZ of 100 RTKM (ii) Within State & (ii) Outside State on Delivery Assistance (DA) Basis.
Tender Meet All eligible tenderers are invited to a Tender meet on 10.06.2012 at 11 am at Tender Room, TM (INDL) Delhi Office, Bharat Petroleum Corpn. Ltd Plot A-5 &6 Udyog Marg, Sector 1, NOIDA UP 201301 for
clarifications on tender conditions & e-bidding process.
e-Procurement System No.
Last date / time for 16.06.2014 at 14:30 Hrs at the address given above.
submission of tender bids:
Tender bids Opening on: 16.06.2014 at 15:00 pm at the address given above.
Period of Contract: 2 years from the date of award of contract effective 01.10.2014 + Option for extension for 1 year on same
terms & conditions at sole discretion of BPCL.
Earnest Money Deposit Rs.1,00,000/- (Rupees One Lakh Only) Payable by DD in favour of BPCL, NOIDA
(EMD):
Tender Fees: Rs.2,000/- (Rs Two Thousand Only) Payable by DD in favour of BPCL, NOIDA
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 2
BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), DELHI
PLOT NO A-5&6, UDYOG MARG, SECTOR 1, NOIDA, UP - 201301
TEL NO: 0120-2474146; 2474369. FAX NO. 0120-2474380
NOTICE INVITING e-TENDER FOR TRANSPORTATION FO EX- BPC’s
INSTALLATION at MATHURA IN Uttarpradesh TENDER NO. .
BPC/I&C/NR/02/FO/Ex-MATHURA/2014
(Published on: 02.06.2014)
E-bids are invited from eligible tenderers for Road Transportation of Furnace Oil ex-
BPC’s Mathura Installation for deliveries (i) Within FDZ of 100 RTKM (ii) Within State
& (iii) Outside State on Delivery Assistance (DA) Basis.
1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender.
2. Please visit our website https://bpcl.eproc.in for participating in the tender and submit
your bid online. For viewing / downloading the tender document, please visit our website http://www.bharatpetroleum.in/tender/tender.asp
3. The Bid consists of the following documents to be submitted on-line.
a) Credential / Technical Bid (Un-priced) b). Price Bid
4. Additionally, it is mandatory for the tenderers to submit the following documents in
physical form (off-line documents) before the closing date / time of the tender in a sealed
envelope* at the following address:
Sr. No. Particulars
Attachment No.
1 Tenderer’s Covering Letter as per format Attachment-3
2 Irrevocable Powers of Attorney as per format Attachment-4
3 Affidavit for Attached Trucks on Rs. 100/- Stamp Paper as per format Attachment-5
4 Details of relationship with BPCL Directors as per format Attachment-6
5 Caste Certificate (wherever applicable) issued by Competent Authority as per format Attachment-7
6 Undertaking as per format Attachment-8
7 Declaration by Tenderer as per format Attachment-9
8 Attested copy of the last 3 yrs Income Tax Return filed and the copy of PAN Card.
9 Attested copy of previous 3 yrs audited annual report i.e. 2011-12/2012-13/2013-14.
10 Attested copies of Trading License or Company Registration Certificate.
11 Attested copies of Partnership Deed or Certificate of Incorporation.
12 Attested copies of R C Book, Fitness Certificate, Route Permit and Insurance Certificate of all trucks offered.
13 Tender Fee in the form of Demand Draft for Rs.5,000/- as per tender Para 2.1(3).
14 EMD of Rs. 1, 00,000/- by way of Demand Draft as per tender Para 2.3.
15 IP Pact duly signed and stamped
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 3
*the sealed envelope must reach / be dropped in the Tender Box at the above
address before tender closing date/time. 5. The submission of online bid as well as submission of above physical documents shall
be up to 14:30 Hrs on 16.06.2014. 6. Bids submitted after the due date and time of closing of tender (i.e. after 14:30 Hrs on
16.06.2014) and / or not submitted in the prescribed format shall be rejected. BPCL does
not take any responsibility for any delay in submission of online bid due to connectivity
problem or non-availability of site and/or other documents to be submitted in physical
form due to postal delay etc. No claims on this account shall be entertained. 7. The schedule of Price Bid opening will be advised separately to the tenderers who
qualify in the credential / technical bid. 8. Price Bid (to be submitted online) shall be opened only for those tenderers whose
credential bid / technical bid is found acceptable as defined in tender document.
Tenderer should offer their bids for all the items in the e-bid, failing which their
commercial offer is liable to be rejected. 9. The online portion of the tender shall have to be submitted through the e-procurement
system on https://bpcl.eproc.in. 10. The tender document with detailed terms and conditions is also available on our
website http://www.bharatpetroleum.in/tender/tender.asp but the submission of tender is
allowed only through the e-procurement system on https://bpcl.eproc.in. 11. As a pre-requisite for participation in the tender, tenderers are required to obtain
a valid Digital Signature Certificate of Class IIB and above as per Indian IT Act from
the licensed Certifying Authorities operation under the Root Certifying Authority of India
(RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the tenderer. In case any tenderer so desires, he
may contact our e-procurement service provider M/s.C1 India Pvt Ltd., Mumbai on the contact nos.
2232444300/65281885/65281886 for obtaining their Digital Signature Certificate. Also at BPCL
Regional office Noida 9818820646 (Mr. Ashish Goel) from C1 India can also be contacted on mail
12. Directions for submitting online offers, electronically, against e-procurement tenders
directly through internet: b. Tenderers are advised to log on to the website (http://bpcl.eproc.in) and arrange to register themselves at the earliest. c. The system time (IST) that will be displayed on e-procurement (e-bid) web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.
13. Tenderers are advised in their own interest to ensure that their bids are
submitted in e-Procurement system well before the closing date and time of bid. If
the tenderer intends to change /revise the bid already entered, they may do so any
number of times till the due date and time of submission deadline. However, no bid
can be modified after the deadline for submission of bids. 14. Tenderers submitting / uploading the on-line tender documents thru’ digitally signed certificates shall be construed as their complete agreement with the terms & conditions and that they have fully understood the tender documents.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 4
15. Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed. 16. Tenderers shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case tenderer submits such physical documents for price bids, the same shall not be considered. 17. The participating vendors will have to download signed (By Territory Manager (INDL) Delhi)
IP pact document, physically sign and upload along with technical bid.
Proforma of Integrity Pact shall be returned by the Bidders/s along with the bid documents (technical bid in
case of 2 part bids), duly signed by the same signatory who is authorized to sign the bid documents. All the
pages of the Integrity Pact shall be duly signed. Bidder’s failure to return the IP duly signed along with the bid
documents shall result in the bid not being considered for further evaluation.
If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance
with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated
Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.
If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to
terminate the contract according to provisions of the Integrity Pact, BPCL shall be entitled to demand and
recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank
Guarantee as per provisions of the Integrity Pact.
Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor as per details
hereunder.
Name Address Contact No
Shri. Brahm
Dutt
No.82, Shakti Bhavan Race Course
Road,Bangalore-560 001
080-22256568/ 09731316063 – (Mob)
1) In case of any clarification pertaining to e-procurement (e-bidding) process, the vendor
may contact our e-procurement service provider M/s.C1 India Pvt Ltd., at BPCL Regional office Noida
9818820646 (Mr. Ashish Goel) , can also be contacted on mail [email protected]. At Mumbai
,M/s. C1 India Pvt Ltd., Mumbai (Helpdesk No. 022-66865600) or Mr. Nitin Salvi
(Mob.: 9322533730) or Ms. Deeksha More (Mob.: 9987719622). 2) Please note that Corrigendum / Addendum to this tender, if any, shall be published
only on our websites http://www.bharatpetroleum.in/tender/tender.asp and
http://bpcl.eproc.in 3) BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole
discretion and without assigning any reason whatsoever at any time during the tender
process.
Yours faithfully, For BHARAT PETROLEUM CORPN. LTD., TERRITORY MANAGER (I&C), DELHI
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 5
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014
e-Tender for Road Transportation of Furnace Oil (FO) ex BPC’s MATHURA
INSTALLATION for deliveries (i) Within FDZ of 100 RTKM (ii) Within State & (iii) Outside
State on Delivery Assistance (DA) Basis. 1.0 COMPANY INTRODUCTION
4) Bharat Petroleum Corporation Limited (BPCL) is engaged in the business of refining
and marketing of petroleum products. This transportation tender seeks to move Furnace
Oil ex Mathura Installation to various destinations efficiently to meet market/customer
demand. 5) BPCL invites the eligible tenderers to participate in this e-tender for Road
Transportation of Furnace Oil (FO) ex BPC’s MATHURA INSTALLATION for deliveries
(i) Within FDZ (ii) Within State & (iii) Outside State on Delivery Assistance (DA) Basis. 2.0 TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite Bids through e-tender under Two-Bid System for Road Transportation of Furnace Oil(FO) ex-BPC’s MATHURA INSTALLATION for deliveries (i) Within FDZ (ii) Within
State & (iii) Outside State on Delivery Assistance (DA) basis for a period of 2 (two) years, with option for extension up to 1 (One) more year at the sole discretion of BPCL and will be effective from the date of award of contract and OR effective from 01.10.2014. 2.1 TENDER DOCUMENTS:
1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Certificate shall be borne by the tenderer. In case any tenderer so desires, he/she may contact our e-procurement service provider M/s. C1 India Pvt Ltd., Mumbai (Helpdesk No. 022-66865600) for obtaining Digital Signature Certificate. 2) The tenderers having valid Digital Signature Certificate and Login ID can download
the tender from the website (https://bpcl.eproc.in). The downloaded documents once
read carefully have to be uploaded by the tenderer under their Login ID duly
certified with Digital Signature Certificate, in token of acceptance of all tender terms
and conditions there-in. 3) Tenderer shall pay Rs. 2,000/- (Rupees Two Thousand Only) as Tender Fee by
Demand Draft (Non-refundable) drawn on any Scheduled Bank payable at NOIDA in
favour of M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted in
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 6
a separate envelope along with the documents to be submitted in physical form as per the
list mentioned under Para 5.2 below. 4) The tender documents can also be downloaded from BPCL website,
http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed only
through the e-procurement system on https://bpcl.eproc.in. 2.2 RATE SCHEDULE / ESTIMATED QUANTITY: 1. Lowest rates for transportation of Furnace Oil ex-BPC’s MATHURA INSTALLATION
for deliveries (i) Within FDZ (ii) Within State & (ii) Outside State on Delivery Assistance
(DA) Basis in Rs. per MT AND Rs. /MT/ RTKM (as applicable) should be quoted by the
tenderers. The Rates in the Price-Bid is to be quoted only “on-line” & no physical
document should be submitted. 2. The RTKMs applicable; the estimated quantity of FO to be transported and the
estimated number of tank-lorries required is given in the Schedule below:
Location (Ship to) Name of customer
RTKM (KMS)
Ex. Mathur
a
Turnaround time
(Day) D=
(B/320)+ 1
Expected
Qty[MT] per
Month
Expected Trips Per Month : E
= D / 16
Expected Trips Per
Tank Lorry Per Month : F = 30 / C
Total Tank Lorry
Requirement for this
Location : G = D/30/16 x C
B C D E F G Suratgarh Thermal Power Station 1180 5 292 18 6 3
KaTPP RVUNL Jhalawar 1080 4 250 16 7 2
Railway Jhansi 538 3 8 0 11 0
Field Gun Factory, Kanpur 624 3 83 5 10 1
Scooter’s India 800 4 5 0 9 0
Kanpur Dudgh Utpadak 624 3 1 0 10 0
Ordinance Factory 624 3 83 5 10 1
Nabha Power Limited 840 4 67 4 8 1
Talwandi Sabo Power Limited 940 4 67 4 8 1
7250 32 855 53 79 9
Contingency 10% 3 86 5 8 1
Grand Total 35 941 59 87 10
3. BPCL does not guarantee any minimum business and the estimated quantity / tank-
lorry requirement given in the schedule are only indicative and are subject to change
depending upon business requirement / demand for product at the customer locations. 4 The Company reserves the right to induct additional tank-lorries, if so required, from the
qualified tenderers or from outside to meet business requirement. 3. The RTKMs to BPC storage locations as stated in the Schedule shall be only
considered for payment of transportation charges for these locations. In case of addition
of new depot location or for deliveries to a customer location during the tenure of the contract, actual RTKMs shall be established by BPC and same shall be final and
applicable for payment of transportation charges. In case of change in RTKM for any
location due to diversions, realignment of roads, etc., the same shall be revised upon
verification by BPCL and the revised RTKM shall be applicable for freight payments.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 7
4. In case any new location / customers are added to the list during the tenure of contract,
the actual RTKMs to such locations shall be established by the Company and the same
shall be applicable for payment of transport bills. 2.3 EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per tender by
Demand Draft drawn on any Scheduled Bank payable at NOIDA UP in favour of BHARAT
PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope
along with the Documents to be submitted in physical form as per the list mentioned under
Para 5.2 below. Bids received without EMD shall be rejected. 2.4 SUBMISSION OF TENDER:
1) The tenderer should download the tender document from e-procurement system on
https://bpcl.eproc.in and after carefully reading the same should be uploaded under
his/her login ID, as token of acceptance of all terms & conditions therein. 2) The Bid consisting of the following documents to be submitted online @
https://bpcl.eproc.in
a. Credential / Technical Bid (Un-priced) b. Price Bid
3) Additionally, it is also mandatory for the tenderer to submit the documents in
physical form as mentioned under Para 5.2 below, to TM (I&C) Delhi, at the address
given above. The envelope containing these documents should be sealed with
adhesive and super-scribed with the Tender NoJ.”. 4) The closing date & time for submission of online bids as well as submission of
documents in physical form is 14:30 Hrs on 16th
June 2014. 2.5 MINIMUM QUALIFICATION CRITERIA 2.5.1 The tenderer must have a minimum turnover of Rs. 50 Lakhs (Rs. Fifty Lakhs) per
annum during any of the previous 3 financial years i.e. 2011-12, 2012-13 and 2013-14. 2.5.2 The tenderer having minimum 2 (Two) OR more of 16KL capacity, owned Tank Lorries duly owned and registered in their own name (i.e. Firm or Partner or Proprietor or
Director) are eligible to apply. The offered t/l should have multiple compartments (single compartment t/ls shall not be accepted in this tender). The age of the offered tank-lorries
should preferably not exceed 08 (Eight) years (or as specified by the MV Act / Rules in
force) as on the date of opening of tender.
2.5.3 The tenderers having VTS system on their Tank Lorries would be preferable and if not already having, they should be willing to provide when BPCL ask them to do so during
the period of contract. 2.6 SIGNING OF AGREEMENT / INTEGRITY PACT: Each successful tenderer will have to sign the Agreement as per the draft attached as
Annexure-1 and the Integrity Pact, as per the draft attached as Annexure-2, along with this
tender document. The period of agreement with successful tenderer would be 2 (two)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 8
years w.e.f. from the date of LOI with an option on the part of BPCL to extend the same by
one (1) more year on same rates, terms and conditions. Further, Agreement would,
however, be subject to the right of BPCL to terminate it prematurely as per clause 17 of
the Contract Agreement. 2.7 LOCAL OFFICE & CONTACT DETAILS / e-MAIL IDs: All tenderers shall be required to have a Contact Office at loading location Mathura for convenience of day-to-day operations. If any tenderer does not have a local office, they shall provide a local office within fifteen (15) days of the date of award of Contract and the address of the same should be submitted by the tenderer to BPCL before the contract agreement is signed. All tenderers shall also provide their valid e-mail IDs for ease of day to day communications in addition to their office address, contact numbers (phone; mobile, fax etc.). Any change in the address shall be promptly communicated to BPCL by the bidder.
2.8 RESERVATION: The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India
basis. The SC/ ST tenderers desirous of offering the Truck will have to participate in the tender and should fulfil all tender conditions. The SC/ ST tenderers will not be eligible for any price preference or relaxation of standards. There is no difference in EMD or any
other tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST are given in tender document. 2.9 TENDER OPENING: 1) The due date and time of opening of tender documents (technical documents submitted
in e-bidding & documents submitted in physical form) is as specified in NIT, which is on
16.06.2014 at 15:00 Hrs at the following address: Territory Manager (I&C), Delhi Bharat Petroleum Corporation Ltd, Plot A-5 & 6, Udyog Marg, Sector 1, noida UP, UP - 201301 2) On-line credential / technical bids of only those tenderers shall be opened who have
submitted physical documents as mentioned in Para 5.2 below. If any tenderer fails to
submit the physical documents and / or submits incomplete documents, their on-line bids
shall not be opened and the bid shall be considered as rejected. 3) Tenders received late for whatever reasons / without Tender Fee, EMD / submitted at
the wrong address / in open or stapled condition / incomplete in any other respect will not
be considered. 4) Tenderer or his/her authorised representative (duly authorised in writing by the
Tenderer) may witness the opening of tender on the scheduled date and time. 5) The tenderer can also witness the tender opening through e-procurement (e-bid)
system on https://bpcl.eproc.in.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 9
IMPORTANT: a. It is mandatory that, before closure of the tender at 14:30 Hrs on 16.06.2014, the
tenderer should submit the documents in physical form as specified under Para 5.2 below. b. Tenderers shall submit Price Bids only through e-bidding and no physical
documents shall be submitted. 2.10 OPENING OF PRICE BID: 1) Price Bid (to be submitted online) shall be opened only for those tenderers whose
credential bid / technical bid is found acceptable as defined in tender document. 2) The tenderers meeting minimum qualification criteria will only be considered for
opening of price bids after evaluation of Technical bids of all participating and valid
tenders. After scrutiny of the technical bids, the eligible tenderers shall be notified
regarding date, time and venue for the opening of price bids. 3) The price bid will be opened only through the e-procurement system on
https://bpcl.eproc.in. 4) The price bids will remain valid for 180 days from the date of opening of the Price Bid
unless extended by mutual consent in writing. The Corporation reserves the right to
accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the
tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason
whatsoever. 3.0 SCOPE OF WORK: 3.1 NAME OF TRANSPORTION WORK; LOCATION & PERIOD OF CONTRACT: 1) BPCL invites the eligible tenderers to participate in this e-tender for Road
Transportation of Furnace Oil (FO) ex BPC’s INSTALLATION AT MATHURA IN UP
for deliveries (i) Within FDZ (Fixed Delivery Zone) (ii) Within State & (iii) Outside State on
Delivery Assistance (DA) basis 2) The period of contract shall initially be for a period of 2 (two) years effective from the
date of issue of LOI and shall be extendable for further period of 1 (one) year at
Corporation’s sole discretion at the same rates, terms & conditions. 3.2 PARTICIPATION: (i) Tenderers are requested to view / download the tender document from the website
http://www.bharatpetroleum.in/tender/tender.asp or https://bpcl.eproc.in and go through
the same carefully. ii) If it is found that the tenderer has applied although he/she was not eligible as per conditions laid down in minimum qualification criteria of this tender or has claimed benefit of reservation on the basis of wrong documents or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material fact about trucks etc. whether at the time of application or at the time of execution of agreement, the tender/ allotment will be rejected/ cancelled summarily without issuing any show cause notice for the same. In case of such cancellation, entire amount deposited against EMD/ security deposit amount shall be forfeited.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 10
Page 9
4.0 TENDER GUIDELINES - TERMS & CONDITIONS: 4.1 GENERAL: 1) Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the BPCL & any of its subsidiary Companies such as NRL, BORL etc., IOC or HPC or IBP or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderers part entitling BPCL to all rights and remedies available thereof including termination of contract. 2) The tenderer having minimum 2 (Two) OR more of 16KL capacity, owned Tank Lorries duly owned and registered in their own name (i.e. Firm or Partner or Proprietor or Director) are eligible to apply. The offered t/l should have multiple compartments (single compartment t/ls shall not be accepted in this tender). The age of the offered tank-lorries should preferably not exceed 08 (Eight) years (or as specified by the MV Act / Rules in force) as on the date of opening of tender. For the attached Lorries offered / quoted, the tenderer must submit the Affidavit from the owners of the lorry in the standard format. 3) All rates quoted should be both in words and figures. In case of any difference between
the two, the rates quoted in words shall be considered as final and authentic. Also the
rates should be quoted in the same units as mentioned in the tender schedule. 4) In case it is observed that all the tenderers or a group of tenderers have quoted in
cartel, BPCL reserves the right to reject some or all the bids of the tenderers who have
quoted in cartel, without assigning any other reasons for the same. 5) Rates quoted would be valid and binding on the tenderer for 180 days from the date of
opening of Price Bid unless extended by mutual consent in writing. During the validity
period, tenderer will not be allowed either to withdraw or revise his offer on his own.
Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual
period. 6) BPCL reserves the right, at their sole discretion, and without assigning any reason
whatsoever, to:
a. Negotiate with any or all tenderer/s b. Distribute the work among Transporter(s) c. Reject any or all tenders either in full or in part d. Assign the offered and accepted trucks to any of the contracts and engage additional Transporter/s trucks at any time without giving any notice whatsoever to the Transporter/s already appointed against this Tender. 7) The tenderer should study all the operations/ local conditions at the loading/ unloading
point/s and route/s. Tenderers would be presumed to have acquainted themselves with
the working conditions existing at the location, before submission of the tender. 8) Tenders not meeting the tender terms & conditions or incomplete in any respect or with
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 11
any additions/ deletions or modifications are liable to be summarily rejected without any
further communication and decision of BPCL in this respect will be final and binding.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 12
9) The age of the vehicles offered and taken in the contract shall preferably not exceed 08
(eight) years as on date of opening of tender. In case the trucks offered by the tenderer
attain the age of 08 (eight) years during the currency of the contract, the tenderer is bound
to replace such trucks within 15 days of such occurrence, in accordance with MV act and
local RTO rules wherever applicable. 10) The estimated quantity to be delivered given in tender document is indicative and is
subject to change. 11) BPCL reserves the right to induct additional tank-lorries, if required, from the existing
tenderers at the finalised rates for any or all the destinations to meet additional demand
for Furnace Oil during the tender period. 12) Tenderer should submit all the details and enclosures as has been asked for in the
tender form. In case any of the information is not applicable to the tenderer, "Not
applicable" may be written against such item. Not submitting any information/ enclosure
sought for shall be a ground for rejection of tender. 13) Tenderer/his or her authorised representative may witness the opening of tender on
the scheduled date and time. 14) The tank-lorries quoted in the tender should have all valid documents such as
registration certificates, fitness certificate, Insurance & Road Permit etc. and should meet
all statutory requirements. The loading of the Lorries shall be done based on the RLW as
endorsed on the RC book. 4.2 EVALUATION / RANKING OF THE TENDERERS: 1) This Public Tender is floated in two bid system i.e. technical bid & price bid. Initially, the
technical bids will be opened on scheduled date and will be evaluated on the following
minimum qualification criteria shall be governed by Sr. No. 2.5 above), and should be
available to BPCL for the transportation of Furnace Oil ex Mathura Installation. 2) Price bids of only technically qualified tenderers, based on technical evaluation, will be
opened on a notified date which will be communicated only to technically qualified
tenderer. 3) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s
experience with them on their past performance. 4) Ranking of the tenderers i.e. L-1, L-2 etc. will be done as under: (i) based on the rates quoted by the tenderers and ranked accordingly. (ii) to meet the requirement of tank-lorries; the L1; L2; L3 tenderers shall be allocated tank-lorries in 80:20 (if L1 & L2) or 70:20:10 ( if L1,L2 & L3). (iii) for a particular ranking, if tank-lorries offered are more than the requirement then the tank-lorries will be taken on proportionate basis with preference given to tenderer offering maximum number of owned tank-lorries. 5. The corporation may decide to distribute quantity/job equally to only L1 bidders, if there
are more than one lowest bidder, either with or without recourse to L2 and/or L3 bidders.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 13
Note: While finalizing the allocation, the proportion of owned / attached tank-lorry will be
maintained at the ratio of 1:1 i.e. the maximum no. of attached T/lorries to be allocated will
be restricted to the nos. equal to owned tank-lorries offered. BPCL’s decision on allocation of tank-lorry shall be final and binding on all the Bidders.
BPCL reserves the right to divide the work among successful bidders and BPCL’s
decision in this regards shall be final. 5) Tenderers will be listed in ascending order as per their ranking. Tenderer with minimum
financial outgo to BPCL will be ranked L-1. Tenderer with the next lowest financial outgo
will be ranked L-2 and so on. The list will include all the technically qualified tenderers in
the ranking based on the rates quoted by the respective tenderers 6) BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates
quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected.
The decision of BPCL in this regard will be final and binding. 7) At a particular ranking, trucks offered by technically qualified SC/ ST tenderers shall
have preference as per Govt. of India directives. 4.3 EARNEST MONEY DEPOSIT (EMD): 1) Tenderers should submit an EMD of Rs.1,00,000/- (Rupees One Lakh only) by Demand
Draft drawn on any Scheduled Bank in favour of “M/s Bharat Petroleum Corporation
Limited”, payable at NOIDA in UP in a separate envelope marked “EMD - Tender No.:
BPC/I&C/NR/02/FO/Ex-MATHURA/2014 along with the physical documents as stated in
Para 5.2 below. Tender documents received without EMD shall be rejected. 2) Cheques or request for adjustment against any previously deposited EMD/ pending
dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and
any tender with such stipulation will be treated as without EMD and shall be rejected. 3) No interest shall be payable on EMD. 4) EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or
refuses to accept the LOI/ Work Order after acceptance of BPCL’s offer within the
prescribed validity of the tender, or if the tenderer does not furnish the required security
deposit, or if the tenderer is unable to position any or all offered truck/s within 15 days
after the issuance of Letter of Intent/award of contract. 5) EMD shall be refunded only after finalization of the tender. 4.4 NEGOTIATIONS: 1) The Corporation reserves the right to negotiate with any or all the tenderers. In such an
event, BPCL shall invite the tenderers for negotiations solely at tenderers cost. 2) Only the proprietor of the firm or the legally authorized representative of the firm will be
allowed to attend such negotiations, at their own cost, as commitments made and/ or
clarifications given during the negotiations will be binding on the tenderer/s. He/ She
should carry the necessary authorization to attend such negotiations and to hand over an
authenticated copy of the same to BPCL’s representative/s participating in negotiations.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 14
2) Originals of the documents submitted as copies and the documentation to substantiate
statements made in the tender document are to be produced for verification by the BPCL
during negotiations or at any other time at the discretion of BPCL. 4.5 SECURITY DEPOSIT (SD): 1) Successful tenderers will be required to furnish SD within 7 (Seven) days of issuance of
LOI/ Work Order. 2) The security deposit shall be Rs. 15,00,000/- (Rupees Fifteen Lakhs only), out of which
a Minimum of Rs. 1,00,000/- shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. payable at NOIDA U.P.
and balance amount may be deposited in the form of Bank Guarantee strictly in the
specified Proforma, valid for a period of 6 (six) months beyond the tenure of contract. 3) Adjustment of EMD towards SD is permissible for the portion of SD payable by DD.
Cash receipts for SD paid by DD will be issued by BPCL. 4) Interest is not payable on SD. 5) Any loss/ claim and/ or damage arising out of the performance of the contract would be
adjustable against the SD. Any loss/ claims/ damages higher than SD will be recovered
from payments due to the Transporter under this contract or deposits made by or
payments due to the Transporter under any other contract with BPCL. 6) Security deposit would be refunded after six months of expiry of the contract on written request from the Transporter and with surrendering of the original cash receipt, subject to
fulfilling all terms and conditions of the contract. In the event of loss/ misplacement of the cash receipt of the SD, the refund would be made only after the transporter furnishes an
Indemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriate
value (at transporter’s cost), duly notarized. 7) Successful tenderer will be entrusted with transportation work only after signing of
Agreement and payment of Security Deposit amount. 4.6 CONTRACT PERIOD:
Unless otherwise specified or agreed to, the contract shall be awarded for 2 (two) years
with option for extension up to 1 (one) more year at the sole discretion of BPCL at the
same rates, terms and conditions. 4.7 EXECUTION OF AGREEMENT: 1) Successful tenderer/s will be required, before undertaking the contract, to execute the
Agreement, within 10 (ten) days of the date of issue of the LOI and should physically place
the trucks at the location as per call ups given by BPCL. 2) Tenderers are advised to carefully scrutinize the specimen set of Agreements and
Forms attached with tender documents / downloaded from our website before submitting
their tender.
3) When the person signing the tender is not the authorized signatory, necessary original
Power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 15
be produced before signing the agreement, and notarized copy of the power of Attorney of
the person authorising should be submitted for the record of BPCL. 4) Failure to execute the agreement and/ or furnish required Security Deposit within 10
(ten) days of issue of LOI may render the tenderer liable for forfeiture of Earnest Money
Deposit and termination of contract without prejudice to the rights of BPCL to recover the
damages under Law. 5) All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers,
Tender Terms & Conditions, Declarations, Agreement and other documents furnished with
the Tender and related correspondence shall form part of the contract. 4.8 RESERVATION: 1) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half
percent) for Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all India
basis. 2) The members of SC/ ST desirous of offering the tank-lorries will have to participate in
the tenders floated by BPCL. 3) The SC/ST members should fulfil all tender conditions, and will not be eligible for any
price preference or relaxation of standards. 4) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Limited
Company or Public Limited Company or a Cooperative Society, or any other, should have
all the partners or members of private / public / Cooperative firms belonging to the same
category without exception, i.e. either SC or ST as the case may be. 5) A copy of Caste certificate for each individual member of a Partnership/ Public/ Private/
Cooperative Firm should be submitted along with tender as proof and for BPCL record
purpose. 6) In the event of any of the members failing to submit the caste certificate as proof of
belonging to SC/ ST category, the tender will be treated as a general category tender. 7) The registered owner/s of tank-lorries offered/quoted by the SC or ST tenderer/s must
also belong to the same category, either SC or ST, as the case may be. In other words, if
the tenderer is issued LOI/ Work Order under SC category, all the registered owners of
tank-lorries offered / quoted against the particular LOI/ Work Order must also belong to
SC. 4.9 TRANSPORTATION RATES: ESCALATION / DE-ESCALATION & OTHER LEVIES
1) The escalation / de-escalation of transportation rates shall be allowed every quarter i.e.
on 1st January, 1st April, 1st July, and 1st October etc. as per the formulae given in
Schedule-2 of the Contract Agreement (Annexure-1). 2) Escalation / de-escalation shall be applicable as per increase / decrease in RSP (Retail
selling price) of HSD, which will be the weighted average of the RSP of PGHSD during
immediate previous month, and the new transportation rates arrived at on the above date
shall be applicable for subsequent month.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 16
3) Only the increase / decrease in RSP of HSD at Mathura in BPC RO shall be considered
and the escalation / de-escalation factor shall apply; the retail-selling price of HSD as on
the date of publication of this tender shall be considered as the base price. 4) In addition, the company shall reimburse levies like octroi; entry tax; toll / Bridge
charges etc. incurred by the transporter on actual basis while transporting the petroleum
products under this contract on production of original receipts. 4.10 MISCELLANEOUS: 1) The tenderer shall ensure that all the tank-lorries quoted / offered for the purpose of
Furnace Oil transportation shall be covered under valid National Permit/ State Permits as
applicable for all the destinations at their own cost. 2) Where the loading/ unloading locations are situated and within the same State and
sections where axle load restrictions are imposed, they shall supply trucks meeting axle
load restrictions. 3) The FDZ shall be considered as 100 RTKM distance ex BPC’s Mathura Installation. 4) The tank-lorries offered in the contract must comply at all times during the tenure of the
contract with valid permits, rules and regulations of Statutory/ Government authorities. 5) No unsolicited correspondence/ queries will be entertained while the award of the
transport contract is under review/ consideration. BPCL regrets their inability to answer
individual queries 6) If any of the information submitted by the tenderer is found to be incorrect at any time
including the contract period, BPCL reserves the right to reject the tender/ terminate the
transportation contract and reserves all rights and remedies available. 7) Neither the tenderer nor the tank-lorries offered should have been blacklisted by any of
the public sector oil companies. 8) The contract is subject to compliance of MV Act, 1988, their provisions and also the
State Motor Vehicle Rules, and subsequent notifications / amendments etc., by the
tenderer 9) The Corporation shall be free to take appropriate action including suspension of tank-
lorry for any period / termination of the contract upon complaints of frequent shortages. 10) The Transporters to furnish Transporters Legal Liability Insurance Policy against each
truck. The policy should cover Riot and Strike clause and should be endorsed to BPCL. 11) Online submission of tender document is a confirmation that the tenderers have fully
read and understood the terms and conditions of this tender and have accepted the same
in toto. 12) BPCL reserves the right to reject any or all the tenders without assigning any reasons
whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders
solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the
opinion/decision of BPCL regarding the same being final and conclusive.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 17
13) The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat Petroleum
Corporation Limited” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered
office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors
and assigns. 14) In the event of discrepancy in tender conditions as stated in this tender document and
the on-line forms, the version of this tender document shall hold good. 15) BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole
discretion and without assigning any reason whatsoever at any time during the tender
process. 4.10 DUPLICATION OF CLAUSE: Whenever there is duplication of clause either in the terms and conditions or in the
Agreement, the clause which is beneficial to BPCL, will be considered applicable at the
time of any dispute. 5.0 GUIDELINES FOR TENDERERS
5.1 GENERAL: 1) This tender is for road transportation of Furnace Oil ex BPC’s Mathura Installation for
deliveries (i) Within FDZ (ii) Within State & (ii) Outside State on DA Basis. 2) Tenderers shall log on to the e-procurement website https://bpcl.eproc.in and register
themselves. 3) The tenderer should download the tender document from e-procurement system on
https://bpcl.eproc.in and after carefully reading the same should be uploaded under his
/her login ID, as token of acceptance of all terms & conditions therein. 4) The system time (IST) that will be displayed on e-procurement web page shall be the
time considered for determining the expiry of due date and time of the tender and no other
time shall be taken into cognizance. 5) All eligible tenderers are invited to a Tender Meet on 10.06.2014 at 11 am at Bharat
Petroleum Corpn. Ltd., office at sector 1, NOIDA in TM (INDL) Delhi Tender Room, for
clarifications on tender conditions & e-bidding process 6) Copies of Registration Certificate, route permits, certificate of Fitness, Insurance
Certificate etc., enclosed along with Tender Form must be self-attested by the proprietor
or director/partner of the firm. The original of these documents shall have to be produced
for verification before the award of contract. 7) This tender is in 2-bid system, comprising of Technical Bid and Price Bid. 8) The tender document shall be obtained / applied by the party in its own name as the
tender document is not transferable.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 18
9) The tender should be strictly in line with the terms and conditions. Any tender not
conforming to the terms and conditions prescribed in the tender documents shall be
summarily rejected. 10) Counter terms and conditions from the tenderer shall not be accepted. Bids with such
counter terms & conditions shall be rejected. 11) All documents submitted in physical form should be initialled on each page and signed
with seal on the last page. Also, all corrections should be initialled. Overwriting on any
tender document shall not be accepted 10) Tender terms and conditions mentioned in the tender should be carefully studied. The
online submission of tender by the tenderer under their Login ID is considered as a token
of acceptance of the terms and conditions therein. Tenderer should retain a copy of tender
document submitted online for his/her reference / record purpose. 5.2 TECHNICAL BID:
Technical Bid: The documents to be submitted on-line and in physical form are as under:
Sr. No. Particulars
Submission Online Only
Submission of Physical Document Only
1
Tender Document along with Annexure 1 to 5 under tenderer Login ID through e-procurement system on https://bpcl.eproc.in �
2 Particulars of Tenderer as per Attachment-1 �
3 Particulars of Trucks offered as per Attachment-2 �
4 Tenderer’s Covering Letter as per Attachment-3 �
5 General Irrevocable Power of Attorney as per Attachment-4 �
6 Affidavit for Attached trucks on Rs. 100/- Stamp Paper as per Attachment-5 �
7 Details of relationship with BPCL Directors as per Attachment-6 �
8 Caste Certificate (wherever applicable) issued by Competent Authority in Attachment-7 �
9 Undertaking as per format in Attachment-8 �
10 Declaration by Tenderer as per Attachment-9 �
11 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card �
12 Attested copy of previous 3 years audited annual report i.e. 2011-12, 2012-13, and 2013-14. �
Page 17
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 19
13 Attested copies of Trading license �
or Firm’s Registration Certificate.
14 Attested copies of Partnership �
Deed or Certificate of Incorporation
15 Attested copies of RC Book, �
Fitness Certificate, Route-Permit &
Insurance Certificate of all tank-
lorries offered.
16 Tender Fee by DD of Rs. 5000/- as �
per tender Para 2.1 point no. 3
17 EMD by DD of Rs. 1,00,000/- as �
per tender Para 2.3
5.3 PRICE BID: 1) Tenderer shall submit price bids online only by e-bidding through e-procurement
system on https://bpcl.eproc.in under their login ID only. 2) Online bidding shall be conducted for the following categories of rates:
Deliveries Unit of Measure (UOM) Rate
Within FDZ Rs./MT Rate to be quoted in Rs.
Per MT
Within State Rs./MT/KM Rate to be quoted in Rs.
Per MT / RTKM
Outside State Rs./MT/KM Rate to be quoted in Rs.
Per MT / RTKM
3) No physical document with respect to Price Bids should be submitted. In case
tenderer submits such physical documents for Price Bids, the same shall not be
considered. 4) Tenderers should quote rates for all deliveries listed above. In case any tenderer
has not quoted for all deliveries, their offer will not be considered. 5) The prices have to be quoted within the price-band of floor price (min. price) &
ceiling price (max. price) as stipulated in the on-line price bid. The system will not
accept any price < than the floor price or > than the ceiling price. 6) No responsibility will be taken by BPCL for any delay due to connectivity and availability
of website. 5.4 No guarantee shall be given by BPCL to any definite quantity of work to be entrusted
to transporter. However, the quantities given in schedule are purely indicative without any
obligation to the company and cannot be made the subject matter of any claim at any time
even if the quantities actually offered for handling during the period of contract are
substantially less or more than estimated quantities indicated.
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TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 20
Technical Bid Annexure-1
FURNACE OIL TRANSPORTATION CONTRACT AGREEMENT
THIS AGREEMENT made ______________ day of ________ 2014 between Bharat
Petroleum Corporation Limited, a Company registered under Indian Companies Act, 1913/
Companies Act, 1956 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate,
Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to
the context shall include its successors and assigns) of the ONE PART
AND M/S_______________________________________ a Proprietorship / Partnership Firm /
Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or Carrier (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Company is engaged in refining Crude oil and storing, distributing and selling
of the petroleum products and for this purpose require tank-lorries for Road transportation of
Furnace Oil ex Mathura Installation to their various storage points and customers. WHEREAS the Carrier is engaged in the business of operating tank-lorries and are interested
in above transportation job of the Company. Now therefore, it is agreed between the parties as follows: - 1. TANK-LORRY OFFERED IN CONTRACT (a) The Carrier shall provide the Company with _____ no. of tank-lorries (as per Schedule-1)
for transporting Furnace Oil / LDO as per LOI / Work Order issued by the Company. The
Carrier affirms that they are the owner and / or sufficiently entitled to operate these tank-lorries
throughout the Agreement period and these tank-lorries are not under Agreement with any
other party and as such, these Tank Lorries shall remain under exclusive use with the
Company throughout the Contract period. (b) Each of the tank-lorry shall be attached to Company’s Mathura Installation as per LOI /
Work Order issued by the Company. The Tank Lorry shall be required to carry Furnace Oil
from this location to its upcountry storage locations / customer destinations as shall be
instructed by the Company from time to time. (c) The carrier defaulting for three consecutive occasions in placement of trucks / refusal to
take load to the assigned destination within a period of three calendar months shall attract
suspension for a period of three months on Industry basis. (d) Any contracted tank lorry, if found to be taking loads from any other Oil Company without
BPCL’s written consent even on ex MI basis during the pendency of the contract, shall be
black-listed and warning letters will be issued by the Corporation for the failure. 2. AGE, CONDITION OF T/LS, T/L FITTINGS
(a) The carrier to ensure the age of the tank-lorries offered should preferably not exceed 08
(eight) years during the contractual period. Company shall have the right to remove tank-
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 21
lorries attaining the age 08 (eight) years during the contractual period to meet statutory rules
and act if any and the Carrier shall ensure replacement of such tank-lorries with replacement
tank-lorry of age less than 08 years within 15 days of such occurrence. (b) The Carrier shall ensure that Tank Lorries in the contract are always maintained in sound
mechanical conditions and shall have all fittings as per the standards laid down by the
Company from time to time. c) The Carrier shall be responsible for ensuring that all fittings in the tank-lorry shall be ISI marked. Also, each tank-lorry shall carry one portable ISI marked 10 KGs DCP fire
extinguisher in an easily accessible position away from the tank-lorry unloading facilities and
one portable 1 KG CO2 / DCP / Approved equivalent fire extinguisher in driver’s cabin. The
Company shall have the right to ask for additional fittings / equipments in the tank-lorry as per
requirement. d). The Carrier shall install the “position tracking system” (for e.g. Global Tracking System
Vehicle Tracking System, etc.) decided by the Company to track the movement of the tank-
lorry in all tank-lorries offered in the contract unconditionally and the cost of such equipment
shall be borne by Carrier. The Carrier shall be responsible for safety and maintenance of this
equipment and shall ensure that the same is always in working condition. (e) The Carrier shall provide (i) sealing arrangement & (ii) proper heating facility as specified
by the Corporation in all tank-lorries offered in the contract. 3. STATUTORY PROVISIONS, SAFETY, COMPANY RULES (a) The carrier shall conform to the statutory regulations like “Indian Petroleum Act”,
“Petroleum Rules”, “Motor Vehicle Act” & PUC norms etc. as applicable from time to time. In
the event of the contracted tank-lorry is found not meeting these provisions, the company shall
be free to initiate appropriate action as deemed fit. (b) The Carrier shall comply with all statutory provisions relating to his trade / business /
profession including his own employees or employees engaged by the Carrier and BPCL shall
not be responsible for his omission or commission. (c) The Carrier shall ensure valid comprehensive insurance cover for the tank-lorry & its crew
at all time during the tenure of the contract. (d) The carrier shall ensure that following mandatory requirements of the Company are met at
all times during the tenure of the contract: i) Additional declarations are made in Emergency Information Panel. ii) All tank-lorries must be fitted with standard type retractable safety seat belts. iii) Bucket type adjustable seats shall be provided for the drivers & cleaner. (e) The company reserves the right to take appropriate action as deemed fit, if any of the
above safety requirements is not complied by the transporter during the pendency of the
contract. (f) The Carrier will ensure pasting/ display of advertisements on the Tank-lorry for display of
BPCL Brands as specified / provided by BPCL on regular basis. (g) The carrier shall ensure that the Crew of the tank-lorries in contract are trained under
Motor Vehicle Act and their licences are endorsed by the RTO for having attended the training
/ refresher courses in transportation of Petroleum Products / Hazardous goods.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 22
(h) The Carrier shall be responsible for providing: i). Safety helmets/ safety shoes for crew members as specified by BPCL. ii) Uniform for the tank lorry crew members as specified by BPCL at the cost of Carrier. iii) Neat and tidy uniform made of 100% cotton cloth. iv) Minimum wages/ ESI/EPF as per local rules to their employees working under this contract. (i) The carrier shall be responsible for following the rules and regulations of the Company in
force for himself, his staff and Crew of tank-lorry. (j) The Carrier shall undertake that no person working for them is a foreigner, shall enter
into the premises declared by the Government of India as “Protected Places”. The
transporter(s) further undertake to strictly abide by the Defence of India Act and Rules. (k) The officials of the Company shall be entitled to inspect at any time, the tank-lorries and /
or the documents of the Carrier / its crew is liable to carry under any statute / regulation of this
Agreement. 4. AVAILABILITY OF T/LS (a) The Tank Lorries listed in the LOI / Work Order shall be made available to the Company at
all times during the Agreement period at the loading location. (b) If at any time during the currency of this agreement the Carrier fails to transport the
product as provided herein and / or fails to perform the various other obligations specified in this agreement, the Corporation may in its discretion and without prejudice to its other
rights and remedies engage the services of other Agencies/transporters to perform the obligations and transport the products and in such an event the Transporter(s) undertakes to reimburse the Corporation all the additional expenses incurred by the Corporation in
this connection. (c) In the event of breakdown or major repair of any of the tank-lorry under the contract, the
Carrier shall provide replacement tank-lorry which the Company at its sole discretion, may
accept for the period of break-down / major repair. 5. INDEMNITY (a) The Carrier shall be responsible for all taxes, levies and other costs of running the tank-
lorry / transportation business, which shall inter-alia include i) salary / wages etc. of the crew
and other employees; ii) payment of road tax, insurance; route permits, iii) cost of fuel,
lubricants, tyres, repairs etc & iv) statute or regulation both under regular working and arising
from accidents (b) Any loss of product, issued on the basis of the requisition slip signed by an authorised representative of the carrier, shall be at the entire risk, cost and expenses of the carrier. If however, through any mistake, inadvertence, lack of prudence or foresight of the Corporation
or its installation, any loading of product is undertaken in the truck in the absence of such requisition slips or in respect of any irregularity therein, the same shall not absolve the carrier from liability in respect of transportation of such products and all the provisions contained in
this agreement shall also apply to such products so loaded in such tank-lorries. (c) The Carrier shall keep Company indemnified in respect of a) & b) above. In case,
Company is made liable to pay any part of above cost, the same shall be recovered from the
Carrier. The Company shall not be obliged to contest any claim made upon it for payment.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 23
(d) It is agreed that the tank-lorries covered by this Agreement shall operate at the sole risk of
the Carrier and in no case, the Company shall be held responsible for any loss or damage
done to / by the Tank Lorry while on the Company's work or parked in their premises or
anywhere else.
(e) The Carrier shall indemnify the Corporation against the consequences arising out of their or their employees/ agent’s default or negligence or violation or non adherence to Municipal /State /Central Acts relating to the carriage of goods. Should the Corporation be held liable for any loss, damage or compensation to their parties arising from or in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Transporter(s) to the Corporation together with the cost incurred on any legal proceedings pertaining thereto. The Transporter(s) shall observe and comply with the requirements of the Minimum Wages Act, the ESI Act and all other Industrial/Labour legislations for the time being in force or may later be brought into force governing the relationship between the employer and the employees and also undertake to hold the Corporation indemnified against all claims, payments, losses that Corporation may have to make or suffer on account therefore (f) The Carrier shall make their own arrangement for parking of their vehicle overnight and / or
during holidays. 6. RATES / CHARGES / RTKMs / BILLINGS / TOLL CHARGES (a) The Company shall pay to the Carrier for the transportation work undertaken from the
loading location and at the rates detailed in LOI / Work Order. This rate shall be valid for all
roads and weather conditions and are calculated from loading location. (b) The above rates are subject to escalation / de-escalation as per formula given in Schedule-2 (c) (i) The Company shall reimburse the Octroi charges, if any levied on the product to the
Carrier against production of original receipts. (ii) Entry / Transit / Bridge / Toll Tax, if any, paid by the Carrier for their tank-lorries while
transporting petroleum products under this Contract shall be reimbursed by the Company on
actual basis against submission of original receipt. (d) The transport charges payable under this Agreement are based on shortest route approved by the Company on the round trip basis (called RTKM); a list of current RTKMs applicable to storage points where subject tank-lorries are based are available with concerned storage point. The Company shall, however, be entitled to revise these RTKMs from time to
time, including retrospectively, which would be binding on the Carrier and the difference in transportation charges arising out of this revision, shall be recoverable / payable from the date of Agreement or effective date of such revision, whichever is later. (e) The procedure for payment of transport bills and reimbursement of octroi charges, if any
prevalent in the Company from time to time would be binding on the Carrier. (f) The Company shall not guarantee any minimum billings / mileage or loads for any period
whatsoever and as such, the Company shall not be responsible for their inability in offering
any load on any day or during any particular period and no idling charges etc. shall be
payable.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 24
(g) The Company shall endeavour to arrange unloading of the tank-lorries within reasonable
time. However, no detention charges etc. are payable if, for any reason if such unloading is
delayed at the receiving location. (h) The Carrier would provide consignment notes for each consignment loaded on a daily
basis to the loading location. (i) The Carrier would provide transportation bill to the base location for the consignment
carried during the month, by 10th of the following month. (j) Company reserves the right to use the tank-lorries on their return trip based on Company's
own operational convenience / requirement for delivery of petroleum products. Payment in
such case would be made only to the extent of any additional distance covered beyond the
normal RTKM route for which the movement was undertaken. 7. SECURITY DEPOSIT / BANK GUARANTEE
(a) The security deposit shall be Rs. 15,00,000/- (Rupees Fifteen Lakhs only), out of
which a Minimum of Rs. 1,00,000/- shall be paid in the form of Demand Draft drawn on
any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. payable at NOIDA
U.P. and balance amount may be deposited in the form of Bank Guarantee strictly in the
specified Performa, valid for a period of 6 (six) months beyond the tenure of contract.
(b) Company shall be entitled to adjust any sum due to it from the Security Deposit amount
and / or any transport / other charges / dues pending for payment to the Carrier against any
other contract. The decision of the Company will be final and binding on the Carrier. 8. UTILISATION OF T/LS (a) The Carriers will be responsible for loading and discharging of the tank-lorries. All the
instructions of the Company with regard to the same shall be binding on the Carrier. (b) Only the Crew of the Tank Lorry and authorized representative of the Carrier shall be
allowed entry inside the Company’s loading / unloading locations. 9. QUALITY & QUANTITY 9(a) The Carrier shall be solely responsible for quantity and quality of the products received by
him for transportation and acknowledgement by any member of Crew of the tank-lorry or by
any other authorized person of the Carrier by way of signing on the Challan or any other
Dispatch Document shall be sufficient proof of acceptance of product quantity and quality by
the Carrier. (b) If any shortage in quantity and / or variation in quality of product is found at any stage after
the tank-lorry leaves the Dispatch/ Storage location, the Carrier shall be responsible for such shortage in quantity and / or variation in quality of product for whatever reason and the
Company shall be entitled to recover the cost thereof from the Carrier at the rate as decided
by the Company. This shall also apply in the event of accident, robbery, hijacking etc. of tank
lorry. (c) In case of variation in quality, Company at its discretion may dispose-off the contaminated
product and recover all expenses / losses and cost of product in this connection as determined
by the Company shall be recoverable from the Carrier. This shall be in addition to and without
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 25
prejudice to the Company's right of termination of this Agreement as per clause 16.
(d) If any adulteration/contamination is established, the adulterated/contaminated product
will be disposed off at the Corporation’s discretion. All expenses/losses and cost of
adulterated/contaminated product in this connection as determined by the Corporation
shall be recovered from the transporter. Moreover, no freight payment for such trips will be
made to the transporter. In addition to the above, if any deliberate attempt for adulteration/
contamination is established, action shall be initiated by the Corporation as per the
Industry Transport Discipline Guidelines. 10. DELIVERY OF PRODUCT (a) The carrier and the crew of the tank-lorry shall be fully responsible for correct delivery to
the destination and return of all documents of the Company to the despatching location as
required / instructed by the Officer of the Company. b) The Carrier shall ensure that the i) tank-lorry delivers the product to the consignee
specified; ii) the Crew has the correct delivery documents; iii) The tank-lorry follows the normal
/ approved route from loading location to receiving location; iv) the tank-lorry maintains
average trip-time & v) the crew of the tank-lorry obtains signature with rubber-stamp of
recipient on the delivery documents. 11. TRANSIT LOSS (a) The Transporter(s) shall bear the loss of any of the Corporation’s products while in
their charge / custody, irrespective of the reason for such loss. The amounts payable to
the Corporation on this account and other incidental out-goings suffered by the
Corporation shall be deducted from their bills/ adjusted against the Security Deposit. (b) The Transporter(s) shall operate their vehicles at entirely their own risk and the Corporation shall in no case be held responsible for any damage done to the vehicles
while on the Corporation’s work or when parked in their premises. During the course of transit the goods shall remain at the Transporter’s risk until the vehicle carrying the goods
reaches the destination as indicated by the Company. The Transporter alone shall be responsible for any accident, damage or loss suffered in respect of the goods during transit. 12. ACCIDENT OF T/L, LOSS OF PRODUCT, TRANSHIPMENT (a) In the event of a tank-lorry containing product meets with an accident en-route to the
destination, the Carrier shall immediately inform the Company and .the statutory authorities
like Police, CCOE etc. (b) The carrier shall ensure security of product at the accident site until the rescue arrives. (c) In the event it becomes inevitable for the product in the tank-lorry to be transhipped into
another tank-lorry, the carrier shall seek the Company’s permission to do so and arrange for
transhipment of product in another tank-lorry arranged by them at their cost and tranship the
product in a manner which shall meet safety requirements in order to salvage the product and
avoiding spillage of product. (d) The carrier shall transport the salvaged product to the despatch / receiving location or to a
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 26
location as advised by the Company at their cost. The carrier shall be fully responsible for the
quality and quantity of the product and shall be liable for any loss on account of loss / shortage
of product which shall be recovered from the Carrier. (e) Carrier shall be responsible for any damage or loss caused to the Company’s product or
property by negligence or default of its crew, authorized representative or tank-lorry. This will
also include confiscation of Company's product delivered to the Carriers by any statutory
authorities.
13. SUB-CONTRACTING & CHANGE IN CONSTITUTION OF FIRM /OWNERSHIP OF T/LS
IN CONTRACT (a) The Carrier shall not be entitled to assign, subrogate, sublet or part with its right, title and
interest under this Agreement for any reason whatsoever, or change the ownership of / their
right on the Tank Lorries. (b) The Carrier shall not cause or allow any change in the constitution of its firm without
obtaining the prior written consent of the Company. 14. NON PERFORMANCE, FORCE MAJEURE Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non-performance is occasioned by conditions of the force
majeure. The Force Majeure means natural calamities like floods, earthquake and other acts
of God and riots, etc. The affected party shall give the notice of occurrence of any such calamities within a period of 24 hours of occurrence of such calamities. The performance of
the respective obligations of the parties under this Agreement shall be resumed as soon such calamities, which have resulted in the non-performance, cease to occur. 15. DAMAGES TO CORPORATION’S PROPERTY / EMPLOYEE (a) The Carrier shall remain at all times liable to the Corporation for any loss or damage
caused to any building, plant, machinery or the property of the Corporation due to
careless, negligent, inexperienced act or default of the Transporter(s), his/their agents,
representative or employees. (b) The Corporation shall be the sole judge as regards the quantum of loss or damage
and it shall be entitled to deduct from the amounts payable hereunder to the Carrier’s the
cost of repairs or the amount of loss or damages. (c) The Carrier shall be liable for any loss, any injury to Corporation’s employee/agents
due to careless, negligent, inexperienced act or default of the Transporter(s), his/their
agents, representatives or employees. 16. BLACKLISTING OF TRANSPORTER/TANK-LORRY The Corporation reserves the right to black-list the transporter/ trucks which are suspected
to be indulging in any sort of malpractices or any other acts not conducive to the interest
of the Corporation such as misbehaviour, dishonesty, disobedience, pilferage etc as per
transport discipline guidelines. Such trucks shall be suspended from the business without
giving any reasons and in all such cases no compensation shall be paid to the Carrier.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 27
17. TENURE OF CONTRACT, TERMINATION (a) This Agreement shall be valid for period of two years with effect from the date of award of
contract with an option at the sole discretion of Company to extend the same up to 1 (one)
year on same terms and conditions.
(b) The Company reserves the right to terminate this Agreement by giving 60 days advance
notice without being liable to give any reason or pay any compensation.
(c) The Agreement, terms & conditions of the contract shall be binding on the carrier from the
date of intention of award of contract is made to the party irrespective of the fact as to the
actual date of execution of this Agreement and Deed. (d) Notwithstanding anything to the contrary contained hereinabove, the Company reserves
the right to terminate this Agreement forthwith upon or at any time after happening of any of
the following: i) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or
goes into liquidation whether voluntary or otherwise.
ii) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its' partners. iii) If road permits or statutory licenses / permissions granted to Carrier / its tank-lorries by transport or any statutory authorities is cancelled or revoked. iv) If any of the information submitted by the Carrier in the tender is found false at any time. v) Breach of any of the terms or conditions of this Agreement by the Carrier. vi) If the Carrier commits or suffers to be committed any act which in the opinion of the Company whose decision shall be final, is prejudicial to the good name / image of the Company or its’ products or its services. vii) If the Carrier causes disruption in transportation of Furnace Oil the decision of Company will be final and binding on the Carrier. viii) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, if Company does not exercise this option, the Agreement shall continue as between the Company and surviving / continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit. Company shall account for Security Deposit to the surviving or continuing partners. The death or retirement of any partners shall be notified by the Carriers to the Company in writing within 24 hours of such death or retirement. ix) If the crew of the carrier commits any unsafe act such as rash driving, accident, non adherence to safety guidelines and not using safety/protective equipments etc. within or outside BPCL premises. x) If the Carrier, its proprietor or any partners or tank lorry crew misbehaves (abuse/ threat/ assault/ manhandles) with the consumers/Dealers or with the employee of BPCL. 18. ARBITRATION All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Company. If such Director (Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other officer of the Company by such Director (Marketing) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Company and may be Shareholder of the Company. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be, on his being transferred or vacating his office or
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 28
being unable to act, for any reason, the Director (Marketing) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) or the person designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. 19. JURISDICTION (a)The parties hereby agree that the court in city of Delhi alone shall have jurisdiction to
entertain any application or any award/s made by the Sole Arbitrator or other proceedings in
respect of anything arising under this Agreement. (b) This Agreement covers entire understanding between the parties and no alteration /
variation of any of the terms of this Agreement shall be valid unless made with the consent of
both the parties and evidenced in writing duly signed by authorized representatives of both the
parties. (c) All notices and other communications to be given under this Agreement by either party to
the other shall unless otherwise specifically agreed be given in writing by Registered Post or
hand delivery against acknowledgement to the following addresses of the respective parties. TERRITORY MANAGER (I&C), DELHI
6th
FLOOR, BPCL NOIDA OFFICE
PLOT NO A-5 &6, UDYOG MARG
SECTOR 1, NOIDA, UP 201301 Name of Carrier,:____________________________ Address, ________ __________ For BPCL: WITNESS:
M/s. _____________________ (Authorized Signatory) For CARRIERS WITNESS: M/s. ________________________ (PROP. /PARTNER/DIRECTORS) Self attested passport size recent colour photograph of the Carrier (Authorised Signatories)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 29
Schedule-1
The details of the tank-lorries offered by the tenderer under this contract:
Sr No. 1 2 3 4 5 T/L Registration
No.(as per RC
Book)
Date of
Registration
Make & Model
Own or Attached t/l
Engine No.
Chassis No.
Capacity of t/l
Owner’s Name
Age of t/l ( as on
01.06.2014)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 30
Schedule-2
FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN
TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE
OF HSD (A) Increase/ decrease in the transportation rate in Paise per KL/MT per KM will be as per
the following formula: Increase / Decrease in 1 litre of HSD RSP at Mathura city at BPC RO (with following
clarifications) ---------------------------------------------------------------------------------------------------------
Q x 3.5 Where Q represents notional capacity of a truck and it is taken as 16 KL and 3.5 represent
distance (3.5 kms), which a 16 Kl truck can run with 1 lit of HSD (loaded or otherwise) for
the purpose of calculations. NOTE: 1) The escalation / de-escalation of transportation rates shall be allowed every quarter i.e.
on 1st January, 1st April, 1st July, and 1st October etc. as per the formulae given in
Schedule-2 of the Contract Agreement (Annexure-1) 2) Escalation / de-escalation shall be applicable as per increase / decrease in RSP (Retail
selling price) of HSD, which will be the weighted average of the RSP of PGHSD during
immediate previous month, and the new transportation rates arrived at on the above date
shall be applicable for subsequent month. 3) Only the increase / decrease in RSP of HSD at Mathura UP in BPC RO shall be
considered and the escalation / de-escalation factor shall apply. 4) The retail-selling price of HSD as on the date of tender shall be considered as the base
price.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 31
TECHNICAL BID ANNEXURE-2
INTEGRITY PACT
Between Bharat Petroleum Corporation Ltd (BPCL) hereinafter referred to as ‘The Principal”, And M/s XXXXXXXXXXXXXXXXX.. hereinafter referred to as “The Contractor” Preamble The Principal intends to award, under laid down organization procedures, contract/s for XXXXXXXXXXXXXX. The Principal values full compliance with all relevant laws and regulations, and the principal of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s. In order to achieve this goal, the Principal cooperates with the renewed international Non-
Governmental Organization “Transparency International’ (TI). Following TI’ national and
international experience, The Principal will appoint an external independent Monitor who will
monitor who will monitor the tender process and the execution of the contract for compliance
with the principles mentioned above. Section 1 – Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: 1. No employee of the Principal, personally or through family members, will in connection with
the tender for, or the execution of a contract, demand, take a promise for or accept, for him/
herself or third person, any material or immaterial benefit which he/ she is not legally entitled
to. 2. The principal will, during the tender process treat all Bidders with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder confidential/ additional information through
which the Bidder could obtain an advantage in relation to the tender process or the contract
execution. 3. The Principal will excluded from the process all know prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive
suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate
disciplinary actions. Section 2 – Commitments of the Bidder/ Contractor (1) The Principal commits itself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender
process and during the contract execution. 1. The Bidder/ Contractor will not, directly or through any other person or firm, offer promise or
give to any of the Principal’s employees involved in the tender process or the execution of the
contract or to any third person any material or immaterial benefit which he/ she is not legally
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 32
entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the
tender process or during the execution of the contract. 2. The Bidder/ Contractor will not enter with other Bidder into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bid or any other actions
to restrict competitiveness or to introduce cartelization in the bidding process. 3. The Bidder/ Contractor will not commit any offence under the relevant Anti-corruption Laws
of India; further The Bidder/ Contractor will not use improperly, for purpose of competition or
personal gain, or pass on to others, any information or document provided by the Principal as
part of the business relationship, regarding plans, technical proposal and business details,
including information contained or transmitted electronically. 4. The Bidder/ Contractor will, when presenting his bid, disclose any and all payment he has
made is committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the contract. (2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above or
be an accessory to such offences. Section 3 – Disqualification from process and exclusion from further contracts If the Bidder, before contract award has committed a transgression through a violation of
Section 2 or in any other form such as to put his reliability or credibility as Bidder into question,
the Principal is entitled to disqualify the Bidder from the tender process or to terminate the
contract, if already signed, for such reason. (1) If the Bidder/ Contractor has committed a transgression through a violation of Section 2
such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of
the exclusive will be determined by the severity of the transgression. The severity will be
determined by the circumstance of the case, in particular the number of transgression, the position of the transgressor within the company hierarchy of the Bidder and the amount of the
damage. The exclusive will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to
resort to and impose such exclusive and further accepts and undertakes not to challenge or
question such exclusive on any ground, including the lack of any hearing before the decision
to resort to such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice. (4) If the Bidder/ Contractor can prove that he has restored/ recouped the damage caused by
him and his installed a suitable corruption prevention system, the Principal may revoke the
exclusion prematurely. Section 4 - Compensation for Damages (1)If the Principal has disqualified the Bidder from the tender process prior to the award
according to section 3, the Principal is entitled to demand and recover from the Bidder
liquidated damages equivalent to Earnest Money Deposit/ Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 33
entitled to terminate the contract according to section 3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages equivalent to Security Deposit/
Performance Bank Guarantee. (3) The Bidder agrees and undertakes to pay the said amounts without protest or demur
subject only to to condition that if the Bidder/ Contractor can prove and establish that the
exclusion of the Bidder from the tender process or the termination of the contract after the
contract award has caused no damage or less damage than the amount of the extent of the
damage in the amount proved. Section 5 – Previous Transgression (1) The bidder declares that no previous transgression occurred in the last 3 years with any
other Company in any country conforming to the TI approach or with any other Public Sector
Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be terminated for such
reason. Section 6 – Equal treatment of all Bidder/ Contractor/ Subcontractors (1) The Bidder/ Contractor undertake to demand from all subcontractors a commitment in
conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all
Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or
violate its provisions. Section 7 – Criminal charges against violating Bidders/ Contractors/ Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an
employee or a representative or a representative or an associate of a Bidder, contractors or
Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this
regard, the Principal will inform the Vigilance Office. Section 8 – External Independent Monitor/ Monitors (three in number depending on the
size of the contract) (to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor for this Pact.
The task of the Monitor is to review independently and objectively and objectively, whether
and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the Chairperson of the Board of the
Principal. (3) The Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to this project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Subcontractor with confidentiality. (4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the Monitor
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 34
the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will
so inform the Management of the Principal and request the Management to discontinue or
heal the violation, or to take other relevant action. The Monitor can in this regard submit non-
binding recommendation. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However, the
Independent External Monitor shall give an opportunity to the bidder/ contract to present its
case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal
within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and,
should the occasion arise, submit proposals for correcting problematic situations. (7) Monitor shall be entitled to compensation on the same terms as being extended to/
provided to Outside Expert Committee members/ Chairman as prevailing with Principal. (8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Vigilance Commissioner, Government of India. (9) The word “Monitor” would include both singular and plural. Section 9 – Pact Duration This Pact begins when both parties have legally singed it. It expires for the Contractor 12
months after the last payment under the respective contract, and for all other Bidders, 6
months after the contract has been awarded. If any claim is made/ lodged during this time, the
same shall be binding and continue to be valid despite the lapse of this pact as specified
above, unless it is discharged/ determined by Chairperson of the Principal. Section 10 – Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Mumbai Terminals. The Arbitration clause provided in
the main tender document/ contract shall not be applicable for any dispute arising under
Integrity Pact. (2) Change and supplements as well as termination notices need to be made in writing. Side
agreements have not been made. (3) If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the reminder of
this agreement remains valid. In this case, the parties will strive to come to an agreement to
their original intentions. ----------------------- -------------------------------- For the Principal For the Contractor Place XXXXXXX. Witness 1: XXXXXX. DateXXXXXXX.. Witness 2:XXXXXX.
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 35
Technical Bid Annexure–3
TRANSPORT DISCIPLINE GUIDELINES 1) Transport Agreement: a) All cases of malpractices and adulteration shall be dealt in accordance with the
Transport Discipline Guidelines and these guidelines shall form part of Transport
Agreement.
b) All the clauses of the Transport Agreement enclosed shall be adhered to. c) Transporter shall give an undertaking at the time of agreement with the Company that their tank-lorries are not under agreement with any other Company including Oil companies other than BPC. 2) All incidents of malpractices and adulteration are categorized as under:
a) Deliberate attempt. b) Other causes 3) Malpractices: Malpractices will also cover any of the following:
a) Tampering with standard fittings of Tank Lorries b) for pilferage of products c) Diversion from specified route without any valid reasons d) Exceeding trip time
4) Deliberate attempt a) Truck caught for having indulged in malpractices shall be immediately suspended by
location-in-charge. However, an investigation shall be conducted as per the procedure of
the Company and approval of the appropriate authority obtained before the tank-lorry is
black-listed.
b) On investigation, if it is proved that the truck crew alone is responsible for the malpractice/irregularity, then that particular truck alone shall be blacklisted along with the truck crew. However, if the investigation reveals the complicity of the owner of the truck, then the whole contract comprising the trucks belonging to the concerned transporters shall be cancelled and all trucks blacklisted along with the tank-lorry crew. c) The period of blacklisting a truck shall be of two years. However, the decision of lifting ban on the concerned truck shall necessarily be taken who had originally blacklisted the truck. Depending upon the seriousness of the offence, the tank-lorry may be banned permanently. d) A list of all such blacklisted / banned tank-lorries showing their registration nos. along with their Engine and Chassis Nos. shall be prepared and circulated to all Regions and other oil companies so that the trucks banned in one location/oil Company are not engaged by other locations/Oil companies. e) Locations shall maintain records of all such blacklisted/banned tank-lorries with all relevant details in a register and exchange this information with other Oil Companies. 5) Adulteration In all cases of suspected adulteration of products in truck due to deliberate attempt by
transporter/truck crew or due to other causes and their subsequent confirmation by the
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lab, action against the transporter shall be initiated as under: a) Disposal of contaminated product shall be as per advice from Quality Control
Department. b) Incidental expenses and any other expenses sustained by the Company for disposal of the contaminated product shall also be recovered from the transporter. c) No transportation charges shall be paid for the futile trip to the Customer or Receiving Location as well as for the subsequent trips for delivering the adulterated/ contaminated product to the Company’s nominated location for disposal of the product. d) Action against the transporter for suspension/blacklisting of truck/s or termination of
transport contract shall be initiated as stipulated under clause (4) above. 6) Other Causes a) In all cases of malpractices / irregularities for pilferage of the product where it is difficult
to establish deliberate attempt on the part of the transporter/ tank-lorry crew, action
stipulated above under Deliberate Attempt, shall be initiated except suspension /
blacklisting of truck. However, transporter shall be warned and asked to remove the crew.
b) Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be same as that under clause 5 above. However, in case of accidental contamination, decision for suspension /blacklisting of the tank-lorries shall be based on the investigation report. 7) Health Safety & Environment Requirements a) All rules / regulations and statutory requirements shall be strictly followed by the
transporter and their work force i.e. drivers / cleaners at the work place and on the road
while transporting petroleum goods.
b) Driver and cleaner shall wear safety belts while driving vehicle on the road. c) No truck shall be plied by the driver without cleaner, either on the road or at any work place. d) The truck crew would not be permitted to enter the location premises without use of the Personal protective equipment i.e. safety shoes, helmet, spectacles (wherever necessary). e) Safety fittings, fitness conditions of vehicles to ply on road shall be checked by the crew of trucks before start. f) Safety procedures for unloading and loading of vehicles at the supply location as well as at the unloading location shall be strictly adhered to. g) It shall be mandatory for all drivers to undergo refresher training course. h) All drivers must have licenses duly endorsed by RTO certifying eligibility for driving hazardous goods, and without above certification shall not drive any vehicle. i) All drivers and cleaners must undergo periodic health check for Blood pressure, sugar & vision. j) No driver shall drive the vehicle under ill health condition.
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Technical Bid Annexure-4 (On Non-Judicial Stamp Paper as prescribed in the respective State)
BANK GUARANTEE
1) In consideration of Bharat Petroleum Corporation Limited having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinafter called "The Company" having agreed to exempt M/S ____________________(Hereinafter called "the said Transporter(s)") from the demand under the terms and conditions of an Agreement dated ___________ made between _________________ the Company______________ and the Transporter(s) ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfilment by the said Transporter(s) of the terms and conditions contained in the said Agreement on production of Bank Guarantee for Rs. _________ (Rupees ________________ only), We ____________________(name of Bank) (hereinafter referred to as "Bank") at the request of M/s ______________________ (Transporter) do hereby undertake to pay to the Company an amount not exceeding Rs__________________(Rupees ______________ only) against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Transporter(s) of any of the terms and conditions contained in the said Agreement. 2) We ______________ (name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reasons of breach by the said Transporter(s) of any of the terms and conditions contained in the said agreement or by reason of the Transporter’s failure to perform the said Agreement. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs. _________________ (Rupees _________________ only). 3) We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the Transporter(s) in any suit or proceeding pending before
any Court or Tribunal or Arbitrator relating thereto our liability under this present being
absolute and unequivocal. The payment so made by us under this guarantee shall be a
valid discharge of our liability under this guarantee for payment there under and the
Transporter(s) shall have no claim against us for making such payment. 4) We______________ (name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Company under by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Transporter(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before _____________ we shall be discharged from all liabilities under this guarantee thereafter. 5) We _______________________ (name of Bank) further agree with
the________________ Company that the Company shall have the fullest liberty without
our consent and without affecting in any manner our obligations hereunder to vary any of
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 38
the terms and conditions of the said Agreement or to extend time of performance by the
said Transporter(s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Company against the said Transporter(s) and to forbear
or enforce any of the terms and conditions relating to the said Agreement and shall not be
relieved from our liability by reason of any such variation or extension being granted to the
said Transporter(s) or for any forbearance, act or omission on the part of the Company or
any indulgence by the Company to the said Transporter(s) or by any such matter or thing
whatsoever which under the law relating to sureties would but for this provisions have
effect of so relieving us. 6) This guarantee will not be discharged due to the change in the constitution of the Bank
or the Transporter(s). 7) We ___________________ (name of the Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the Company in writing. Dated____________________ day of ____________ 2014.
For __________________________ (Indicate name of the Bank)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 39
Technical Bid Annexure-5
(On a non-judicial stamp paper of Rs. 200/-as applicable on date and statute)
INDEMNITY BOND This Indemnity Bond executed on this XXXXX. day of XXXXX Two thousand
eleven by M/s. XXXXXXXXXX. and having its registered Office at XXXXXXXXXXXXXXXXXXXXX hereinafter called the said Transporter/s (which expression shall mean and include the partner or partners for the time being of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Bharat Petroleum Corporation Limited, a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART And M/S _______________________________________ a Proprietorship / Partnership Firm /
Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or Transporter (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Corporation has awarded transport contract to the said Carrier for
transportation of Furnace Oil for the period of 2 years effective from __________ and
extendable for another one year at Corporation’s option on the same rates, terms and
conditions as per contract agreement signed and WHEREAS the said Transporter has
offered XXX. Nos. of tank-lorries to the Corporation owned by the said Transporter and
XXXXXNo. of tank-lorries attached to their firm but not owned by them and declared under their control as their own. Details of these tank-lorries are given in the list attached to the said transport contract Agreement. AND WHEREAS the Carrier offers the aforesaid number of tank-lorries either owned by
them and/or declared by the Carrier claiming as their own or any addition of tank-lorries
made subsequent to the award of contract and declared as (either owned directly or
attached to the firm). AND WHEREAS the said Carrier has requested the Corporation to accept the said tank-
lorries and the additional tank-lorries made available subsequent to the award of contract,
offered under the requisition slip of the said Transporter and the said Transporter has
agreed to execute this Indemnity Bond. IT IS, therefore, the intent of the Indemnity Bond of M/s._________________ the said
Carrier to indemnify and keep indemnified the Corporation as stated hereinafter: 1) The said Transporter hereby agrees and undertakes to abide by all the terms and
conditions of the tender and the transport contract agreement and that the said
Transporter shall be solely and absolutely responsible and liable with regard to the said tank-lorries and the additional trucks made available subsequent to the award of contract
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 40
and keep the Corporation indemnified against any loss, damage, liability and/or third party
claim, whatsoever, which the Corporation may suffer due to utilisation of the said tank-
lorries and the additional tank-lorries made available subsequent to the award of contract,
not owned by the said Transporter. 2) M/s. XXXXXXXXXXXXX., the said Carrier, hereby undertakes to indemnify and keep indemnified the Corporation against all losses, damages and claims of whatsoever nature which may arise against the Corporation by way of utilisation of the said tank-lorries and the additional tank-lorries made available subsequent to the award of contract, due to accident, negligence of the driver / cleaner or other staff of the truck or due to the truck operator getting involved in any criminal act of whatsoever nature and the said Carrier undertakes and hold himself liable and responsible for all these losses, damages and/or liabilities without involving the Corporation therein. 3) M/s. XXXXXXXXXXXXX , the said Carrier further undertakes to indemnify
and keep the Corporation indemnified against all suits, litigations / court proceedings,
demands, claims or any action which may arise against the Corporation due to utilisation
of the said tank-lorries and the additional tank-lorries made available subsequent to the
award of contract. 4) Finally, M/s. XXXXXXXXXXX.., the said Carrier undertakes that all the terms and conditions of the tender and transport contract agreement datedXXXXXXshall be
applicable and the said Transporter shall be liable as per these terms and conditions for
the utilisation of the said tank-lorries and the additional tank-lorries made available
subsequent to the award of contract, offered to the Corporation in the same manner as if
these trucks are owned by the said Transporter. SIGNATURE: JJJJJJJJJJ.. NAME: (Signed as Proprietor / Partner / Director) NAME & ADDRESS JJJJJJJJJJ.. OF THEIR FIRM JJJJJJJJJJJ JJJJJJJJJJJJ BEFORE ME PUBLIC NOTARY
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 41
Technical bid Attachment-1 PARTICULARS OF THE TENDERER
Sr. No Particulars Please provide information here.
1 Name of Tenderer:
2 a. Registered Office Address:
b. Address for Correspondence:
c. E-mail ID:
3 Contact Details:
Telephone No. :
Mobile No.:
4 Status of Tenderer viz. Individual,
Firm, (Proprietor, Partnership Limited co. etc.)
5 Name/s of Proprietor/Partners/ Directors of the Company:
6 Year of establishment
Registration No.
PAN No.
7 Please provide previous 3 years annual turn-over in Rs. lakhs. 2011-12:
2012-13:
2013-14:
8 Whether The tenderer (Proprietor/Partners/ Directors of the Company) are related to (as defined under Companies Act 1956) any of Directors of BPC. If yes, please give details:
9 Whether the tenderer is existing dealer / distributor of BPC. If yes, please give details.
Category: SC ST GENERAL
(Please tick whichever is applicable)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 42
10 Whether the Tenderer has previous
transportation experience. If yes, pl
provide details as under:
Name of the Oil Company:
Contract Reference No.:
No. of tank-lorries in Contract:
Contract Validity:
11 Whether the Tenderer has ever
been black-listed by any Oil
Company. If yes, please give
details:
Name of the Oil Company:
Year of black-listing:
12 Whether any litigation / court case
is pending against the tenderer
which may affect the tenderer’s
obligation to this contract, if
awarded. 13 No. of tank-lorries offered by the
tenderer against this tender:
Own tank-lorries:
Attached tank-lorries:
I / We confirm that the information furnished above are true and open for verification at
any time.
Name of Authorised Signatory: Signature of Authorised Signatory: Date / Place:
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 43
Technical Bid Attachment-2
FORM – ‘B’ STATEMENT TO BE FURNISHED BY TENDERER IN REPSECT OF OWN /
ATTACHED TANK-LORRIES OFFERED IN THE TENDER (Particulars to be filled by the tenderer)
Name of the Tenderer:________________________________________
Sr No. 1 2 3 4 5 T/L Registration
No.(as per RC
Book)
Date of
Registration
Make & Model
Own or Attached t/l
Engine No.
Chassis No.
Capacity of t/l
Owner’s Name
Relationship with
the tenderer:
Affidavit furnished
by the Owner (Y/N)
Age of t/l ( as on
01.06.2014)
Hypothecation
details of the t/l: Whether the t/l is
running in some
other contract (Y/N)
Whether the t/l has
been black-listed
by any Oil Co (Y/N)
*If more than 5 t/ls are offered, please use additional sheet. 1. Please attach an attested photocopy of the RC Book of the each tank-lorry offered,
both owned & attached t/ls) in the tender. 2. For attached tank-lorries, an affidavit from the Owner/s of the tank-lorry as per the
format provided must be attached in original. 3. The age of the tank-lorries offered should not be more than 08 years on the date of
tender opening i.e., 01.06.2014. Moreover, if any t/l offered in this contract completes 08
years, the tenderer must provide a replacement t/l as per the terms of the contract. This is to certify that the details as furnished by us have been verified and found
correct. If any information is found to be incorrect, the contract awarded to us shall be
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 44
liable to be cancelled by BPCL and we shall be liable to pay to the Corporation such
damages as Corporation may be put to due to termination of the contract. We also undertake that should there be any action against the Corporation on account of
award of contract in our favour on the basis of misrepresentation, we shall keep the
Corporation completely indemnified against all the losses/damages, litigation, court action
etc. This undertaking forms a part of contract agreement. The above certification is true and if subsequently any of above declaration is found
false or suppressed, action as deemed fit in respect of the tank-lorry or me as a
transporter can be taken by BPCL. Signature: _______________________ (Signed as Proprietor/Partner/Director) Name: _________________________ Name / Seal of the firm: __________________________________ DATE/PLACE: ____________________________________________________
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 45
Technical Bid Attachment-3 TENDERER’S COVERING LETTER
FROM: M/s. _______________________ _______________________ (Name and Address of the tenderer) To: Territory Manager (I&C), DELHI Bharat Petroleum Corporation Ltd, 6
th FLOOR, BPCL NOIDA OFFICE
PLOT NO A-5 &6, UDYOG MARG
SECTOR 1, NOIDA, UP 201301
Dear Sir, Sub: FO- TRANSPORT CONTRACT EX BPCL MATHURA INSTALLATION IN UP :
E-TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014. With reference to your subject tender, we confirm having carefully read and understood
various conditions / documents supplied with the tender. We confirm having participated in the e-tender and submitted the required documents on-
line. We hereby submit the following credential / technical bid documents, duly completed in a
sealed envelope as per details given here under: Pl tick “Y – For Document enclosed; N – For Document not enclosed”.
Sr. Particulars Attachment Enclosed
No.
1 Tender Document along with Annexure 1 to 5 under tenderer Login ID through e-procurement
system on https://bpcl.eproc.in
2 Particulars of Tenderer as per Attachment-1
3 Particulars of Trucks offered as per Attachment-2
4 Tenderer’s Covering Letter Attachment-3 YES / NO
5 General Irrevocable Power of Attorney Attachment-4 YES / NO 6 Affidavit for Attached Trucks on Rs. 20/- Stamp Attachment-5 YES / NO Paper.
7 Details of relationship with BPCL Directors. Attachment-6 YES / NO 8 Caste Certificate (wherever applicable) issued by Attachment-7 YES / NO Competent Authority as per format.
9 Undertaking as per format Attachment-8 YES / NO
10 Declaration by Tenderer Attachment-9 YES / NO
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 46
11 Attested acknowledged copy of the latest Income YES / NO
Tax Return filed and the copy of PAN Card 12 Attested copy of previous 3 years audited annual YES / NO
report i.e. 2011-12, 2012-13, 2013-14.
13 Attested copies of Trading license or Company YES / NO Registration Certificate.
14 Attested copies of Partnership Deed or YES / NO Certificate of Incorporation
15 Attested copies of R C Book, Fitness Certificate, YES / NO Route Permit and Insurance Certificate of all
tank-lorries offered.
16 Tender Fee by DD of Rs. 5000/- as per tender YES / NO Para 2.1 point no. 3
17 EMD by DD of Rs. 1, 00,000/- as per tender Para YES / NO 4.3
We attach herewith the following DDs: 1. EMD vide DD No._________dated _______drawn on ____________(Name of the
Bank) for Rs. 1,00,000 in favour of BPCL, payable at NOIDA UP. 2. Tender Fee vide DD No._________dated _______drawn on ____________(Name of
the Bank) for Rs. 5,000/- in favour of BPCL, payable at NOIDA UP. I am / we are authorized to sign this tender as Proprietor or as per Power of Attorney
issued by all other Partners / Directors as per Attachment-8. Thanking you,
Yours Faithfully,
Signature / Seal of the Tenderer: Name and Address of the Tenderer: Place / Date:
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 47
Attachment-4
(On Non-Judicial Stamp Paper as prescribed in the respective State)
GENERAL IRREVOCABLE POWER OF ATTORNEY We, the undersigned (1) Shri ________________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/s __________________________ having its registered office at _________________________________ do hereby nominate, authorize and appoint Shri __________________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/s ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and/or complete the tender document of transportation of
petroleum products and also other relevant documents required by M/S __________________ Corporation Ltd. (hereinafter called The Company) in respect thereof. ii) To negotiate, enter into correspondence with the Company and do all and everything
necessary suitable or proper with regard to the said tender for transportation of petroleum
products. iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all
and/or any other document, Indemnity Bond etc. required by the Company in connection
with the said Transport Contract Agreement. iv) To do all acts, deeds, as may be necessary for and incidental to the execution of
proper performance of the said transport contract agreement with BPCL. We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This Power of Attorney shall remain irrevocable till the validity period of our
quotation/Transport Contract Agreement / or refund of our Security Deposit whichever is
later. In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand ______________.
Signatures Signed, Sealed and delivered by 1) Shri___________________ the within named
partners/ 2) Shri___________________ Directors of M/S ______________________ 3)
Shri___________________ Before me.
Notary public
(Notary's Stamp)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 48
Attachment-5 (On Non-Judicial Stamp Paper of Rs. 100/- or as prescribed in the respective
State) AFFIDAVIT
I/We _________________________, S/O Shri _______________________ resident of _______________________________________, do hereby solemnly affirm and declare as under: 1. That, I am / we are the owner/s of the following tank-lorry / tank-lorries:
Registration No. Chassis No Engine No. Make / Model i) ii) iii) iv) v) 2. That, the aforementioned tank-lorries are attached and shall remain attached with
M/s____________________ (vendor name) till the validity of Transport Contract for Furnace
Oil if awarded by M/s. Bharat Petroleum Corpn. Ltd in favour of M/s. _____ _______________(vendor name) . 3. That, during the said contract period, M/s. _______________(vendor name) shall have full
rights of operating the said tank-lorry / tank-lorries and receiving consideration for such
operation. 4. That, I / We also declare that the tank- lorry/tank-lorries mentioned in Item 1) above are not
in contract with any other Oil Company. DEPONENT VERIFICATION: Verified that the contents of the above affidavit are true and correct to the best of my
knowledge and belief. No part of it is false and nothing has been concealed therein. DEPONENT Verified at ________________ on _____________. Notary Public
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 49
Attachment-6
DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS
Tenderers should furnish following details in the Part A, B or C as applicable, as under: PART – A -Sole Trader PART – B- Partnership PART – C- Company (Private / Public / Co- operative Society)
PART – A (Applicable where Tenderer is Sole Proprietor)
1.Name:
2.Address: Residence: Office: 3. State whether tenderer is related to any of the Director(s) of BPCL YES / NO 4. If answer is ‘YES‘ to Sr. No. 3, State the name of BPCL’s Director and Tenderer’s relationship with him/her.
PART – B (Applicable where the Tenderer is a partnership firm)
1. Name of the partnership firm responding the tender: 2. Address: 3. Name of partners: 4. State whether any of the partner is a Director of BPCL: YES/NO* 5. If “YES” to Sr. No. 4, State the name(s) of BPCL’s Director. 6. State whether any of the partner is related to any of the Director(s) of BPCL: YES/NO 7.If answer is “YES” to Sr. No.6, State the name(s) of BPCL’s Director and the concerned partner’s relationship with him/her.
PART – C (Applicable where the Tenderer is a Public/Private Ltd. Co./Co-operative Society) 1.Name of the Company responding to the tender:
2.Address of: (a) Registered Office: (b) Principal Office: 3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society. 4. Names of Directors of the Company/Co-operative Society 5. State whether any of the Director of the Tenderer/Company is a Director of BPCL: Yes/No 6. If answer is ‘Yes’ to Sr. No.5, state the name(s) of the BPCL’s Director. 7. State whether any of the Director of the Tenderer Company is related to any of the Directors of BPCL: Yes/No 8. If ‘Yes’ to (7) state the name(s) of BPCL’s Director & the concerned Director’s (of the tenderer Co.) relationship with him/her. *Strike out whichever is not applicable.
DATE / PLACE SIGNATURE OF TENDERER:
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 50
Attachment-7
SC/ST CERTIFICATE A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding the date of the opening for the Tender for transportation of Furnace Oil, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent
to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer ordinarily resides otherwise than for the purpose of his own education. The enclosed format is to be used for the purpose. ---------------------------------------------------------------------------------------------------------------------------------------------- Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his claim.
FORM OF CASTE CERTIFICATE 1. This is to certify that Shri / SMT / Kumari* son /daughter* of XXXXXXXXX.of village /
town* XXXXXXXin district / division*XXXXXXXXXof the State / Union
Territory*XXXXXXX belongs to the XXXXX..caste / tribe* which is recognized as
Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951
@The Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, The State of Himachal Pr. Act. 1970; the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.) @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978
@The Constitution (Sikkim) Scheduled Tribes Order, 1978 2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / SMT*XXXXXXXXXXX.father / mother of Shri / SMT / Kumari*XXXXXXXXXXXXin District / DivisionXXXXXXXXX.of the State / Union Territory*XXXXXXXXXXXXwho belong to the XXXXXXXX.. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*XXXXXXXX..issued by the XXXXXXXXXXXXX.. (Name of prescribed authority) vide their no. XXXXX.datedXXXXXXX.. 3. Shri / SMT /Kumari*XXXXXXXXX.and/or his / her* family ordinarily reside(s) in village / townXXXXXXX ofXXXXXXXXX..District / Division of the State / Union
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 51
territory ofXXXXXXXXXXXXX.. SignatureXXXXXXXXX
PlaceXXXXXXXXXState/Union Territory
DateXXXXXXXXX DesignationXXXXXXX...
(With seal of Office) * Please delete the words, which are not applicable.
@ Please quote specific Presidential Order.
% Delete the paragraph, which is not applicable. Note: The term ‘ordinarily reside(s) used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950. ** List of authorities empowered to issue Scheduled Caste/Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka
Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st
Class Stipendiary Magistrate). 2.Chief Presidency Magistrate /Additional Chief Presidency Magistrate/Presidency Magistrate. 3. Revenue Officers not below the rank of Tehsildar. 4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides. 5. Administrator/Secretary to Administrator/Development Officer (Lakshadweep Islands). ---------------------------------------------------------------------------------------------------------------------------
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 52
Attachment-8
UNDERTAKING
We, hereby, declare as under: 1. That the tank-lorries offered under this contract has not been withdrawn from any other
contract of BPCL. 2. That the vehicles under reference are not running in contract with any other Oil Company
and not attached with any other Contractor/ Distributor and have not been withdrawn without
their prior consent. 3. That the subject vehicles are not involved in any litigation other than routine cases of road
accident or any violation of Motor Vehicles Act. 4. That neither we as a transporter nor any of our offered tank lorry have been blacklisted so
far by any of the Oil Company. We further confirm that; 1. The details as furnished by us are correct. We undertake to place the tank-lorries offered in
this tender, at the disposal of BPCL in case the contract is awarded in our favour. 2. If any information is found to be false / incorrect, the contract if awarded to us shall be liable
to be cancelled and we shall be liable to pay to the Corporation such damages as the
Corporation may put to due to termination of the contract. We also undertake that should there
be any action against Corporation resulting in damages of whatsoever nature to Corporation
on account of award of contract in our favour on the basis of the misrepresentations. 3. We shall keep the Corporation completely indemnified against all the losses / damages,
litigations, court action etc. Signature / Name of the Tenderer: ___________________ Name of the Firm: _____________________ Address with seal: ________________________
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 53
Attachment-9
DECLARATION ‘A’
We declare that we have complied with and have not violated any clause of the standard
Agreement Place: Signature & Seal Date:
DECLARATION ‘B’ We declare that we do not have any employee who is related to any officer of the Corporation
/ Central / State Government OR We have the following employees working with us who are near relatives of the officers of the Corporation / Central / State Government. Name of the employee; Name & designation of the officer of the Corporation /Central / State
Government: 1. ________________________________________________ 2. ________________________________________________ 3. ________________________________________________ 4. ________________________________________________ Place: Signature & Seal Date: Strike off whichever is not applicable.
DECLARATION ‘C’ The Tenderer is required to state whether he is a relative of any Director of our Corporation or
the tenderer is a firm in which Director of our Corporation or his relative is a partner or is any
other partner of such a firm or alternatively the Tenderer is a private company in which
Director of our Corporation is member or Director, (the list of relative(s) for this purpose is
given overleaf) Place: Signature & Seal Date: N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent
to signing the above declaration and the employee so appointed happen to be near relatives
of the Officer of the Corporation/Central/State Government, the Contractor should submit
another declaration furnishing the names of such employees who is/are related to the Officer/s
of the Corporation/Central/State Government. (Pl refer to the enclosed list of relatives)
TENDER NO. BPC/I&C/NR/02/FO/Ex-MATHURA/2014 Page 54
LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are
members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The one
is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife 5. Daughter (including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife. 21. Sister (including Step Sister) 22. Sister’s Husband
END OF TENDER DOCUMENT Page 53