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INDIAN OIL CORPORATION LIMITEDHINDUSTAN PETROLEUM CORPORATION LIMITED

IBP CO. LIMITED(EMBLEM OF 3 OIL COMPANIES TO BE PRINTED)

NOTICE INVITING TENDER

TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS. TENDER NO. _________________________ *

INDIAN OIL CORPORATION LIMITED (IOC), HINDUSTAN PETROLEUM CORPORATION LIMITED (HPC) and IBP Co. Ltd. (IBP) public sector Oil Companies, invite sealed tenders under Two Bid system, from Tank Truck (TT) owners for award of separate contracts (Company wise/ State Office wise/ Region wise/ Zone wise/ Location wise) for road transportation of bulk petroleum products for a period of 2 years, with option for extension up to 1 year at the sole discretion of the Contracting Oil Company, by IOC State Offices, HPC Zones and IBP Regions.

I. SCOPE OF WORK:

Road transportation of bulk petroleum products like MS/ HSD/ SKO/ Aviation Products/ Black Oils etc. from Bulk Oil Storage & handling locations/ Terminals/ Depots given hereunder in various locations within the State of Karnataka and outside the State.

STATE & NAME OF

LOCATIONS TENDER NO.*

Estimated Tank Truck Requirement ($)

Last date & time for selling the tender documents

Last date & time for submission of the tender documents

Opening date & time for the tender documents

HPC IOC IBP

KARNATAKA WO AV BO WO AV BO WO AV BO

DEVANGONTHI

SZ/KAR/IND/POL/BULK/2006-09/01 70 - - 170 31 - 50 - -

10.04.06 16.00 Hrs

11.04.06 11.00 Hrs

11.04.06 11.30 HrsMYSORE SZ/KAR/IND/POL/

BULK/2006-09/02 - - - 30 - - - - -

YELAHANKA SZ/KAR/IND/POL/BULK/2006-09/03 - - - - - 20 - - -

MANGALORE SZ/KAR/IND/POL/BULK/2006-09/04 35 35 35 200 30 60 12 - - 10.04.06

16.00 Hrs12.04.06 11.00 Hrs

12.04.06 11.30 Hrs

HASSAN SZ/KAR/IND/POL/BULK/2006-09/05 90 - - 100 - - 15 - -

10.04.06 16.00 Hrs

13.04.06 11.00 Hrs

13.04.06 11.30 Hrs

NAVALUR SZ/KAR/IND/POL/BULK/2006-09/06 18 - - 40 - - 7 - -

DESUR SZ/KAR/IND/POL/BULK/2006-09/07 8 - - 40 - - 8 - -

NANDUR (GULBARGA)

SZ/KAR/IND/POL/BULK/2006-09/08 28 - - 40 - - 8 - -

BIJAPUR SZ/KAR/IND/POL/BULK/2006-09/09 - - - 50 - - 10 - -

RAICHUR SZ/KAR/IND/POL/BULK/2006-09/10 - - - 10 - - 1 - -

($) The estimated Tank Trucks requirement is indicative and is subject to change. WO – White Oils, AV – Aviation Oils, BO – Black Oils.

II. TENDER DOCUMENTS:

The tender documents can be obtained on payment of Rs.1000/-(Rupees One thousand only) per set by Demand Draft (DD) (Non-refundable) drawn on any scheduled bank payable at the respective location in favour of the

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respective Oil Company from whose office the tender documents are being purchased. The tender documents for each Oil Company, which has the colour scheme as IOC – YELLOW, HPC – PINK & IBP – GREEN, will be available from their respective offices during the working hours at the following addresses. The tender documents can also be downloaded from the website of the respective Oil Company for whom the tenderer wishes to apply. Tender documents downloaded from website should be submitted along with DD (Non-refundable) of Rs.1000/- per set, drawn on any scheduled bank payable at the respective location, in favour of the respective Oil Company for whom the tenderer is applying. Tender documents, which are downloaded from website, not submitted with DD of Rs. 1000/- per set, shall be rejected.

LOCATIONNAME OF THE OIL COMPAN

Y

ADDRESS OF THE OFFICE WEBSITE ADDRESS

DEVANGONTHI HPC

DEVANGONTHI DEPOT, NEAR RAILWAY STATION, DEVANGONTHI VILLAGE, HOSKOTE TALUK, BANGALORE - 560067

www.hindustanpetroleum.com

DEVANGONTHI IOC

DEVANGONTHI TERMINAL, NEAR RAILWAY STATION, DEVANAPULIYUR, BANGALORE - 560067

www.indianoiltenders.com

MYSORE IOC MYSORE DEPOT, NO. 118, METAGALLI, MYSORE -570016


YELAHANKA IOCYELAHANKA DEPOT, KENCHANAHALLI VILLAGE, S N HALLI POST, YELAHANKA, BANGALORE – 560064


MANGALORE HPC MANGALORE POL TERMINAL, VILLAGE BALA, VIA KATIPALLA, MANGALORE -575030


MANGALORE IOC MANGALORE TERMINAL, PB NO. 6, PANAMBUR, MANGALORE - 575010


HASSAN HPCHASSAN TERMINAL, PLOT NO. 1 A, KIADB INDUSTRIAL AREA, BOMMANAIKANAHALLI, MYSORE ROAD, HASSAN –573201


HASSAN IOC C/o HPCL, PLOT NO. 1 A, KIADB, MYSORE ROAD, HASSAN - 573201


NAVALUR HPC NAVALUR DEPOT, 47, RAYAPUR INDUSTRIAL AREA, SATTUR, DISTRICT DHARWAD


NAVALUR IOCNAVALUR DEPOT, PUNE-BANGALORE ROAD, BEHIND NGEF, RAYAPUR POST, DHARWAD–580009


DESUR HPC DESUR DEPOT, NEAR RAILWAY STATION, ZAD SHAHAPUR VILLAGE, DESUR – 590014


DESUR IOC DESUR DEPOT, NEAR DESUR RAILWAY STATION, DESUR, BELGAUM – 590001


NANDUR HPCNANDUR DEPOT, KIADB INDUSTRIAL AREA, SHAHABAD VILLAGE NANDUR VILLAGE, GULBARGA - 585228


NANDUR IOCNANDUR DEPOT, KIADB INDUSTRIAL LAYOUT, POST NANDUR, VIA SHAHABAD, GULBARGA- 585229


BIJAPUR IOCBIJAPUR DEPOT, NEAR RAILWAY STATION, NH-13, SPINNING MILL ROAD, BIJAPUR – 586101


RAICHUR IOC C/o BPCL, GOODS SHED ROAD, RAICHUR www.indianoiltenders.com

DEVANGONTHI/

MANGALORE/ HASSAN/

IBPDIVISIONAL MANAGER, IBP CO LIMITED, RANKA CHAMBERS, II FLOOR, 31 , CUNNINGHAM ROAD, BANGALORE – 560052 www.ibpoil.com

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NAVALUR/DESUR/

NANDUR/ RAICHUR/ BIJAPUR

IBP

DIVISIONAL MANAGER , IBP CO LIMITED, III FLOOR, SREE KRISHNA TOWERS, 14, KHANAPAUR ROAD, TILAKWADI, BELGAUM - 590006

www.ibpoil.com

III. EARNEST MONEY DEPOSIT (EMD):

Tenderer shall pay EMD at the rate of Rs. 5,000/- per Tank Truck offered. The Demand Draft (DD) for total EMD shall be drawn in favour of concerned Oil Company (IOC/ HPC/ IBP) on any scheduled Bank payable at Bangalore for IOC and IBP and at Chennai for HPC. Existing dealers/ distributors quoting in the name of their dealership/ distributorship of the above 3 Oil Companies are to pay only Rs. 1000/- per Tank Truck as EMD by DD to respective Company whose dealers/ distributors they are.

IV. SUBMISSION OF TENDER:

1. Although Tender Notice has been invited by the Three Oil Companies (IOC, HPC & IBP) separate tenders are to be submitted for each location and each Company for which tenderer wishes to offer Tank Trucks. For example, if a tenderer wishes to apply for all the three Companies at Devangonthi and Mangalore, the tenderer should submit six separate tenders.

2. Tenderer should offer separate Tank Trucks for each tender. Same Tank Trucks offered for more than one Oil Company and /or for more than one location will be rejected.

3. Age of Tank Truck offered should not exceed 15 years.

4. Tenders duly sealed by gum/ adhesive are to be put in the Tender Box provided for the purpose at the following addresses before last date and time for submission of tender as mentioned in item no.1 against each location of the notice inviting tender. No tender document shall be accepted after closing time and date. Tenders submitted in open condition or only stapled shall be rejected outright.

DGM – O & DHINDUSTAN PETROLEUMCORPORATION LTDTHALAMUTHU NATARAJANBUILDING, 4TH FLOOR, 8, GANDHI IRWIN ROAD,EGMORE, CHENNAI - 600008

DGM – (OPERATIONS)INDIAN OILCORPORATION LTDKARNATAKA STATE OFFICE, NO. 29, P.KALINGA RAO ROAD(MISSION ROAD), BANGALORE- 560027

DIVISIONAL MANAGERIBP Co. LTDRANKA CHAMBERS, II FLOOR, 31, CUNNINGHAM ROAD,BANGALORE – 560052

V. RESERVATION:

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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 Tank Trucks will have to participate in the tender and should fulfill 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.

VI. OPENING OF TENDER:

The tenders (Technical bids) will be opened by individual companies at the addresses given above (item IV - 4) in the presence of the attending tenderers. After scrutiny of the ‘Technical bids’, the eligible tenderers will be notified regarding date, time and venue for opening of the ‘Price bids’. The tenders including the Price Bid will remain valid for 240 days from the closing date unless extended by mutual consent in writing.

The Oil Companies reserve 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, or to accept some or all of the Tank Trucks offered.

Tenders received late for whatever reasons/without EMD/submitted at the wrong address/ non conforming to the colour scheme as per item no. II above / incomplete in any other respect will not be considered.

DGM-O&D DGM (Ops) DIVISIONAL MANAGER HPC -SZ IOC - KASO IBP - BDO

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INDIAN OIL CORPORATION LTD.HINDUSTAN PETROLEUM CORPORATION LTD.

IBP CO. LTD.TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS.

TENDER NO. ________________________

TENDER TERMS & CONDITIONS

A. GENERAL:

1. Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in the Oil Companies 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 Oil Companies (IOC/ HPC/ 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 tenderer’s part entitling the Oil Companies to all rights and remedies available thereof including termination of contract.

2. 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.

3. Rates offered would be valid and binding on the tenderer for 240 days from the date of opening of tender 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.

4. The Oil Companies reserve the right, at their sole discretion, and without assigning any reason whatsoever, to:

a) Negotiate with any or all tenderers,b) Divide the work among contractor(s),c) Reject any or all tenders either in full or in part,d) Assign the offered and accepted Tank Trucks to any of the contracts,

ande) Engage additional contractors/ Tank Trucks at any time without

giving any notice whatsoever to the contractor/s already appointed against this Tender.

5. For Tank Trucks under operation with any other Oil Company, a “No Objection Certificate” is to be obtained from the concerned Oil Company for placing the same fully in the service of IOC or HPC or IBP against this tender.

6. 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.

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7. Tenderer should deposit the sealed tender (in the envelope provided) well before the closing time and date in the tender Box earmarked for this purpose at the concerned office. No tender document shall be entertained after due date and time of submission of tender. Oil Company will not be responsible for the delay under any circumstances whatsoever if the tender is not submitted before the closing date and time and in the correct tender box.

8. Tenders not meeting the tender terms & conditions or incomplete in any respect or with any additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of Oil Companies in this respect will be final and binding.

9. Although notice inviting tender has been issued by three Companies jointly, tenderers are to submit tenders separately for each Company and each location. Separate Agreements would be signed by each Company with successful tenderers finalized out of those quoting for them.

10(a) Oil Company Dealers/ Consumers should participate in this tender for award of transport contract. Petroleum products being essential commodity and having potential to create law and order situation in case of supply-chain break down, the Oil Company reserves the right to give preference to award transport contract to their dealers/ consumers for transporting their own load requirements subject to their acceptance of rates offered by the Company.

(b) Oil Company, at its sole discretion reserves the right to induct additional Tank Trucks from Dealers/ Consumers of the concerned Oil Company who had been already awarded contract, to meet incremental demand.

11(a) Tenderer must own at least one Tank Truck in their name i.e. Firm or Partner or Director or Proprietor. Additional Tank Trucks offered may be owned or attached. For award of contract, preference will be given to the Tank Trucks owned by the tenderer.

(b) In case of attached Tank Trucks offered by the tenderer, owners of such Tank Trucks should execute affidavit attaching the Tank Truck with the tenderer for the full period up to last date of proposed Agreement period. Format of Affidavit is enclosed with tender form. Oil Companies will not deal with the owners of the attached Tank Trucks. For any claim, losses, damages, etc for the attached Tank Truck, the liability will solely rest with the tenderer.

12. Age of vehicle offered should not exceed 15 years. The Tank Trucks attaining the age of 15 years during the contractual period shall be removed from the contract. Replacement within 30 days with another Tank Truck having age of less than 15 years will be the responsibility of the concerned transport contractor.

13. The estimated number of Tank Trucks shown in tender notice is indicative and is subject to change. The Oil Company reserves the right to contract the required additional Tank Trucks.

14. 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

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such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender.

15. Tenderer may witness the opening of tender on the appointed date and time by sending authorized representative.

B. Evaluation of the tenderers:

1. This Public Tender is floated in two bid system i.e. technical bid & price bid. Technical bid will be opened first on scheduled date and will be evaluated. Price bids of only the technically qualified tenderers, based on technical evaluation, will be opened on a notified date.

2. Price bid includes offer for rates in 3 different sectors as detailed below:

(i) Local delivery (within 39 KMs RTD) in Rs Per KL.(ii) Beyond local delivery, within State in Paise Per KL Per KM.(iii) Delivery in adjoining States in Paise Per KL Per KM.

Tenderers should quote rates for all the above sectors.

3. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be decided on minimum financial outgo to the Oil Company by considering the rates quoted in all three sectors and expected volumes of business in each sector. In case, any tenderer has not quoted rates for any of the above-mentioned sectors, then for the purpose of ranking of such tenderers, highest rate quoted in that sector by any of the technically qualified tenderers shall be considered.

4. Tenderers will be listed in ascending order as per their ranking. Tenderer with minimum financial outgo to the Company 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 them along with the number of Tank Trucks offered.

5. Oil Company 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 the Oil Company in this regard will be final and binding.

6. In case, rates offered by L-1 tenderers are acceptable to the Oil Company, Tank Trucks offered by the L-1 tenderers will be allocated up to the requirement.

7. In case, rates offered by L-1 tenderers are on higher side, negotiations/ counter offer exercise will be carried out with such tenderers. Tank Trucks offered by these tenderers will be allocated at the revised rates accepted by them during negotiations/ counter offers.

8. In case, Tank Trucks offered by L-1 tenderers is not meeting full requirement then negotiations/ counter offer exercise will be

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continued with the other tenderers in order of their ranking till full requirement of Tank Trucks is met.

9. In case, for a particular ranking, Tank Trucks offered are more than the requirement then the Tank Trucks will be taken on proportionate basis with minimum one owned Tank Truck from each tenderer.

10. At a particular ranking, Tank Trucks offered by technically qualified SC/ ST tenderers shall have preference as per Govt. of India directives.

C. EARNEST MONEY DEPOSIT (EMD):

1. Tenders not accompanied by EMD of Rs. 5,000/- for each Tank Truck offered or Rs. 1000/- for each Tank Truck offered by dealers/ distributors shall be rejected. Concessional EMD shall be applicable only to the dealers/ distributors who are applying in the name of their dealership/ distributorship. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favour of concerned Oil Company (IOC/ HPC/ IBP) at the location where the tender is submitted. A photocopy of cash Receipt towards purchase of tender documents should be enclosed in Technical Bid envelope ‘A’. Those tenderers who have downloaded the tender documents from website, should enclose DD (Non-refundable) of Rs. 1,000/- per set drawn on any scheduled bank payable at the respective location in favour of the respective Oil Company for whom the tenderer is applying. Tender documents, which are downloaded from website, but have not enclosed a DD of Rs. 1000/- shall be rejected.

2. A cash receipt will be issued for the EMD, after the tenders are opened and scrutinized. The tenderer for obtaining subsequent refund should retain the cash receipt.

3. 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.

4. Interest is not payable on EMD.

5. 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 Oil Company’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 Tank Truck/s within the stipulated time after the award of contract.

6. EMD would be refunded only after finalization of the tender. While claiming refund, the original Cash Receipt issued by the Oil Companies must be surrendered. In case the Cash Receipt is lost/ misplaced, an Indemnity Bond in specified proforma supplied by the Oil Companies is to be submitted on non-judicial stamp paper of appropriate value (at tenderer’s cost), duly notarized.

D. NEGOTIATIONS:8

1. The Oil Company reserves the right to negotiate with any or all the tenderers.

2. Tenderers may be required to visit IOC or HPC or IBP office or any other office of the Oil Companies for negotiations/ verification of documents, entirely at the cost of tenderers.

3. Only the proprietor of the firm or the legally authorized representative of the firm may personally attend such negotiations, 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 the Oil Company’s representative/s participating in negotiations.

4. Originals of the documents submitted as copies along with the tender documents, as well as documentation to substantiate statements made in the tender document are to be produced for verification by the Oil Companies during negotiations or at any other time at the discretion of Oil Company.

E. SECURITY DEPOSIT (SD):

1. Successful tenderers will be required to furnish SD within 15 days of issuance of LOI/ Work Order at the following rates:

(a) The security deposit will be Rs. 1,00,000/- per Tank Truck subject to maximum of Rs. 5,00,000/- . Minimum of Rs. 50,000/- shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favour of Oil Company and balance amount may be deposited in the form of Bank Guarantee strictly in specified proforma, valid for six months beyond the maximum possible tenure of the contract.

(b) For existing dealers/ distributors of the Oil Company, the SD will be RS. 50,000/- per contract irrespective of the number of Tank Trucks offered. Concessional SD shall be applicable only to the dealers/ distributors who are applying in the name of their dealership/ distributorship.

2. 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 the Oil Company.

3. Interest is not payable on SD.

4. 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 contractor under this contract or deposits made by or payments due to the contractor under any other contract with the Oil Companies.

5. Security deposit would be refunded after expiry of six months of completion of the contract on written request from the contractor and with surrender of the original cash receipt, subject to satisfactory performance. In the event of loss/ misplacement of the cash receipt of the SD, the refund would be made only after the contractor furnishes an Indemnity Bond in the prescribed proforma, on non-

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judicial stamp paper of appropriate value (at contractor’s cost), duly notarized.

6. Separate SDs are to be submitted for each contract, location wise, with IOC/ HPC/ IBP respectively.

7. Successful tenderer will be entrusted with transportation work only after signing of Agreement and payment of Security Deposit amount.

F. CONTRACT PERIOD:

Unless otherwise specified or agreed to, the contract is awarded for 2 (two) years with option for extension up to 1 (one) more year at the sole discretion of the contracting Oil Company at the same rates, terms and conditions.

G. EXECUTION OF AGREEMENT:

1. Successful tenderer/s will be required, before undertaking the contract, to execute the Agreement, within 15 days of the date of issue of the LOI/work-order and should physically place the TT at the location within 30 days from the issue of LOI / Work Order. In case of failure, the Oil Company will have the right to reject the induction of such TTs.

2. Two specimen sets of Agreement Forms are enclosed along with tender documents. Tenderers are advised to carefully scrutinize the same before submitting their tender. One set should be submitted with the tender, duly signed by the tenderer on all pages over the official seal, in token of acceptance of the terms and conditions thereof, and other set be retained with the tenderer.

3. When the person signing the tender is not the authorized signatory, necessary power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should be produced before signing the agreement, and an authenticated copy of the power of Attorney should be submitted for the record of Oil Company.

4. Failure to execute the agreement and/ or furnish required Security Deposit within 15 days time and/ or physical placement of TTs at the location within 30 days time may render the tenderer liable for forfeiture of Earnest Money Deposit and termination of contract without prejudice to the rights of the Oil Company 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.

6. Separate contract agreements will have to be executed by successful tenderers with IOC/ HPC/ IBP for each location as the case may be.

H. RESERVATION:

(a) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on all India basis.

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(b) The members of SC/ ST desirous of offering the Tank Trucks will have to participate in the tenders floated by the Oil companies.

(c) The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards.

(d) If adequate number of Tank Trucks offered by SC/ ST tenderers are not available in any particular year, the unfilled quota may be allotted to the unreserved categories in that year. However the unfilled quota may be carried forward to the next Tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories.

(e) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. 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.

(f) Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be enclosed as proof along with the Technical bid.

(g) 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.

(h) The registered owner/s of the Tank Trucks offered 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 the Tank Trucks offered against the particular LOI/ Work Order must also belong to SC.

(i) If any of the Tank Trucks offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category.

I. MISCELLANEOUS:

1. Tank Trucks provided for transportation of bulk petroleum products should preferably be covered by National Permit/ Zonal Permit at Contractor(s) cost. The contractors shall have to provide specified number of Tank Trucks for operation within the state where the loading/ unloading locations are situated and within the same state and sections where axle load restrictions are imposed, they shall supply T/Ts meeting axle load restrictions.

2. Oil Companies reserve the right to reject the tender of any or all the tenderers without assigning any reason whatsoever at its absolute discretion. Oil Companies reserves the rights to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

3. The Oil Company reserve the right to accept all or some of the Tank Trucks offered by the successful tenderers, without assigning any reason whatsoever. The decision of the Oil Company shall be final and binding.

4. IOC/ HPC/ IBP will have the right to assign the Tank Trucks offered in any one tender to any contract for IOC or HPC or IBP in any other State Office/ Region/ Zone/ Location, on any route, temporarily or permanently, and the decision of the Oil Companies will be final and binding on the successful tenderers/ contractors.

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5. The Tank Trucks offered should comply at all times with valid permits, rules and regulations of Statutory/ Government authorities.

6. Wherever the word T/T or Tank Truck or TTs has been mentioned, the same applies to Petroleum Product Tank Trucks.

7. No unsolicited correspondence/ queries will be entertained while the award of the transport contract is under review/ consideration. Oil Companies regret their inability to answer individual queries.

8. If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, Oil Company reserves the right to reject the tender/ terminate the transportation contract and reserves all rights and remedies available.

9. Each page of the tender document including notice inviting tender enclosed along with the tender document must be signed by the legally authorized representative of the tenderer, with the official seal, for having fully read and understood the terms and conditions of this tender.

10. The term “IOC”, “IOCL”, IOC (M), “The Corporation” and “Oil Company” in the appropriate context means Indian Oil Corporation Limited, a Company registered under the Companies Act, 1956 and having its registered office at G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai- 400 051 and its successors and assigns.

The terms “HPC”, “HPCL”, “The Corporation” and “Oil Company” in the appropriate context means Hindustan Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at Petroleum House, 17, Jamshedji Tata Road, Mumbai – 400 020 and its successors and assigns.

The terms “IBP”, “The Corporation” and “Oil Company “ in the appropriate context means IBP Company Ltd. a company registered under Companies Act, 1956 and having its registered office at IBP House, 34-A, Nirmal Chandra Street, Kolkata – 700 013 and its successors and assigns.

J. 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 the contracting Oil Company, will be considered applicable at the time of any dispute.

Signed in acceptance of the aforesaid tender conditions.

Date: Signature_______________________ Name of Person

signing___________________________

Tenderer's Name and address with seal ____________________

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INDIAN OIL CORPORATION LTD.HINDUSTAN PETROLEUM CORPORATION LTD.

IBP CO. LTD.

TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS.TENDER NO. _______________________________

GUIDELINES FOR TENDERERS

1. GENERAL:

1.1 This tender is being invited for road transportation of bulk petroleum products like MS/ HSD/ SKO/ Aviation Products/ Black Oils etc. from Bulk Oil Storage & handling locations/ Terminals/ Depots. Separate tender documents are to be purchased for a particular location of concerned Oil Company. The tender documents are issued in 2 sets; one set duly filled is to be submitted and other set duly filled to be retained by the tenderer.

1.2 Each page of the tender document is to be signed by the legally authorized representative of the tenderer, with the official seal.

1.3 If additional sheets are required, photocopies may be used and pasted accordingly. The number of such extra pages used should be indicated in the Covering letter (ref item 2.1 hereafter).

1.4 All entries are to be made in ink. No over-writing/ whitening/ erasing out is permitted. All corrections are to be made by scoring out incorrect entries, and such corrections are to be signed by the legally authorized representative of the tenderer, with the official seal. Tenders deficient in this respect are liable to be rejected.

1.5 For any further clarification, concerned officials at IOC State Office/ HPC Zonal/ IBP Regional Offices or tender document issuing offices may be contacted.

1.6 Copies of Registration Certificate, Certificate of Fitness, CCE Licence, etc, enclosed along with Tender Form, shall be attested by a Gazetted Officer.

1.7 This tender is in 2 bid system, comprising of Technical Bid and Price Bid.

2. TECHNICAL BID:

2.1 Covering letters listing all enclosures.2.2 Particulars of tenderer (Attachment-1).2.3 Particulars of Tank Truck/s (TT/s) offered (Attachment-2).2.4 Affidavit/s from the Owners of the attached (hired) TTs (Annexure to

Attachemnt-2).2.5 Details of the relationship with Directors of IOC/ HPC/ IBP and

Declarations ‘I’, ‘II’ and ‘III’ (Attachment-3).2.6 Attested copies of caste certificate (wherever applicable)

(Attachment-4).2.7 Enclose EMD Demand Draft, which should be drawn on a scheduled

Bank payable at the location of the office receiving the Demand Draft. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender will be rejected.

2.8 Attested copy (acknowledged copy) of the latest Income Tax Return Filed.

2.9 Attested copies of Trading Licence or Company Registration Certificate.

2.10 Attested copies of Partnership Deed or Certificate of Incorporation.

14

2.11 Attested copies of valid Registration Certificate, Certificate of Fitness, CCE Licence, Insurance Policy and Calibration Certificate for each of the TTs offered.

2.12 Bank Guarantee for Security Deposit (Attachment-6).2.13 Power of Attorney (Attachment-7).2.14 Undertaking for the TTs offered (Attachment-8).2.15 Enclose DD of Rs. 1,000/- for tender documents downloaded from

website or photocopy of the cash receipt for payment for purchase of tender document. The DD should be drawn on a scheduled Bank payable at the location of the office receiving the Demand Draft. If it is found that DD is not acceptable due to technical or any other reason, the tender will be rejected

2.16 Bulk Petroleum Products Road Transport Agreement (Attachment-5).2.17 Bank Guarantee for Security Deposit (Attachment-6).2.18 Power of Attorney (Attachment-7).2.19 Undertaking for the TTs offered (Attachment-8).

All the documents of the Technical bid are to be submitted in the envelope marked ‘A’The envelope is to be closed and sealed by gum/ adhesive.

3. PRICE BID:

All the documents of the price bid/ rate schedule are to be submitted in the envelope marked ‘B’ . The envelope is to be closed and sealed by gum/ adhesive.

IMPORTANT:

(i) Tenderers should not put price bid/ rate schedule document in the envelope marked ‘A’ containing Technical bid.

(ii) Both envelopes ‘A’ and ‘B’ are to be placed in envelope ‘C’ which should be closed and sealed by gum/ adhesive and put in the designated Tender boxes before the closing time and date at the following address

DGM – O & DHINDUSTAN PETROLEUMCORPORATION LTDTHALAMUTHU NATARAJANBUILDING, 4TH FLOOR, 8, GANDHI IRWIN ROAD,EGMORE, CHENNAI - 600008

DGM – (OPERATIONS)INDIAN OILCORPORATION LTDKARNATAKA STATE OFFICE, NO. 29, P.KALINGA RAO ROAD(MISSION ROAD), BANGALORE- 560027

DIVISIONAL MANAGERIBP Co. LTDRANKA CHAMBERS, II FLOOR, 31, CUNNINGHAM ROAD,BANGALORE – 560052

(iii) Tenders would be rejected if the price is quoted in technical bid.

15

TENDER FORM

TENDERER’S COVERING LETTER (2.1)

CATEGORY: SC/ST/GEN (Tick one)

FROM: M/s. _______________________ (Name and Address of the tenderer)

To: ___________________(Name of the Oil Company for which the tender is submitted)

Dear Sir,

Sub: TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS EX- _______ (NAME OF THE LOCATION) & TENDER NO:

__________________.

With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/ documents supplied with the tender and return them duly signed and stamped for having accepted in toto. We also submit our offer duly signed in sealed envelope as per details given here under:

Tick Y – For document enclosed.

Tick N – For document not enclosed.

ENVELOPE ‘A’ (TECHNICAL BID):

1. Covering letter listing all enclosures. -Y/N

2. Particulars of Tenderer (Attachment-1). -Y/N

3. Particulars of T/T’s offered (Attachment-2). -Y/N

4. Affidavit/s from the Owners of the attached (hired) TTs (Annexure to Attachment-2). -Y/N

5. Details of relationship with Directors of IOC/ HPC/ IBP &Declaration ‘I’ ‘II’ and ‘III’ (Attachment -3). - Y/N

6. Caste certificate (wherever applicable) issued by Competent Authority as per format (Attachment – 4). -

Y/N16

7. DD for EMD drawn on a scheduled Bank payable at the location receiving the Tender. -Y/N

8. Attested copy (acknowledged copy) of the latest Income Tax Return Filed - Y/N

9. Attested copies of Trading license or Company Registration Certificate. - Y/N

10. Attested copies of Partnership Deed or Certificateof Incorporation. -

Y/N

-Y/N

11. Attested copies of valid Registration Certificate, Certificate of Fitness, CCE Licence, Insurance Policy and Calibration Certificate for eachof the TTs offered. - Y/N

12. Bulk Petroleum Products Road Transport Agreement (Attachment-5). - Y/N

13. Bank Guarantee for Security Deposit (Attachment-6). -Y/N

14. Power of Attorney (Attachment-7). -Y/N

15. Undertaking for the TTs offered (Attachment-8). -Y/N

16. DD for tender document downloaded from website drawn on ascheduled Bank payable at the location receiving the tenderor photocopy of the cash receipt for payment for purchase oftender document. - Y/N

ENVELOPE ‘B’ (PRICE BID):

Price Bid - Y/N

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 enclosure no. __________

Thanking you, Yours Faithfully,

Date: Signature_____________________

Name of Person signing________________________

Tenderer's Name and address with seal_____________________________

17

(2.2) Attachment-1(Technical Bid)

PARTICULARS OF TENDERER

1. Name of the tenderer:

2(a) Registered office address of the tenderer:

(b) Address for correspondence:

3. Phone Nos.:

4. Fax Nos.:

5. Mobile Nos.:

6. E-mail address:

7. Status of the tenderer (Individual, Prop. firm, Partnership, Ltd. Company, Co-operative Society, Other):

8. Registration No.:

9. Year of establishment:

10. Permanent Account No. (PAN issued by Income Tax Dept.):

11. Name and address of Proprietor/ Partners/ Directors:

Sr. Name Status Address

12. Whether tenderer/ Prop./ any of the Partners/ Directors are related (as defined under Companies Act 1956) to any of Directors of Company to which tender is being submitted. If so, name of Director of Oil Company & nature of relationship.

________________________________

13. Whether the Tenderer is existing dealer/ distributor of Company to which tender is submitted. If so, enclose copy of dealership/ distributorship Agreement.

19

14. We confirm that neither tenderer nor any Tank Truck (TT) offered are blacklisted by any Oil Company.

15. We confirm that neither tenderer nor any TT offered are involved in any litigation, which would render the performance of any obligation impossible in case, the contract is awarded to us.

16. We confirm that rates offered by us will remain valid for acceptance by you up to 240 days from the date of opening of this tender.

Date: Signature_______________________

Name of Person signing___________________________

Tenderer's Name and address with seal______________________________

20

(2.3) Attachment -2

(Technical Bid)

PARTICULARS OF TANK TRUCKS OFFERED FOR WHITE OILS

Sr. No.

RTO Registratio

n No.

Make , Model & Date of

Manufacture

Engine No.

Chassis No.

Capacity

In KL

Owned by Tenderer

or Attached

Name of Owner

PARTICULARS OF TANK TRUCKS OFFERED FOR AVIATION PRODUCTS

Sr. No.

RTO Registratio

n No.


Manufacture

Engine No.

Chassis No.

Capacity

In KL

Owned by Tenderer

or Attached

Name of Owner

PARTICULARS OF TANK TRUCKS OFFERED FOR BLACK OILS

Sr. No.

RTO Registratio

n No.


Manufacture

Engine No.

Chassis No.

Capacity

In KL

Owned by Tenderer

or Attached

Name of Owner

For Tank Trucks not owned by the tenderer, an affidavit from owner of the TT in the format enclosed with tender document is required to be enclosed in addition to documents required as per Technical bid.

Age of Tank Truck offered should not exceed 15 years during the contractual period. The TTs attaining the age of 15 years shall be removed from the contract and replacement with another TT having age less than 15 years will be the responsibility of the concerned transport contractor.

21

Date: Signature______________________ Name of Person

signing_________________________

Tenderer's Name and address with seal_________________________

(2.4) Annexure to Attachment-2

(On Non-Judicial Stamp Paper 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 / We are the owners of Tank Truck no. ________________ having capacity _______ Kiloliters bearing engine no. _______________ Chassis No. _________________ make model and date of manufacture ________________

2. That I / We have attached / shall keep attached the above mentioned Tank Truck with M/S __(Name of the tenderer)____ till the validity of Petroleum Products Road Transport Contract awarded by ___ (Name of the Company)___ in favour of M/S ___(Name of the tenderer)___.

3. That during above period, M/S ___(Name of the tenderer)___ alone shall have all the rights of operating the said Tank Truck and receiving consideration for such operation.

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

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DETAILS OF RELATIONSHIP WITH IOC/ HPC/ IBP DIRECTORS, ETC.

Tenderers should furnish following details in the appropriate part based on their organization structure.

Organizational structure Part of the form applicable.

Sole Proprietor PART – APartnership Firm PART – BCompany Private / Public / Co- operative Society. PART -- C

PART – A(Applicable where Tenderer is Sole Proprietor)

1. Name:

2. Address:

3. State whether tenderer is related to any of the Director(s) of IOC/

HPC/ IBP: YES / NO

4. If ‘ YES ‘ to 3, State the name(s) of IOC/ HPC/ IBP Director(s) and Tenderer’s relationship with him / her.

Strike off whichever is not applicable.

Date: Signature___________________

Name of Person signing________________________

Tenderer's Name and address with seal________________________

PART – B(Applicable where the Tenderer is a partnership firm)

1. Name of the partnership firm responding to the tender:

2. Address:

3. Names of partners:24

4. State whether any of the partner of the tenderer is a Director of IOC / HPC / IBP: Yes/No

5. If ‘Yes’ to (4) state the name(s) of the IOC/ HPC/ IBP Director(s).

6. State whether any of the partner of the tenderer is related to any of the Director(s) of IOC / HPC / IBP: Yes/No

7. If ‘Yes’ to (6) state the name(s) of IOC/ HPC/ IBP Director(s) & the concerned partner’s (of the tenderer) relationship with him/ her.

Strike off whichever is not applicable.

Date: Signature___________________ Name of Person signing_______________________

Tenderer's Name and address with seal__________________________

PART – C(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-

operative Society)

1. Name of the Company/ Co-operative Society responding 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 IOC / HPC / IBP: Yes/No

6. If ‘Yes’ to (5) state the name(s) of the IOC/ HPC/ IBP Director(s).

25

7. State whether any of the Director of the Tenderer Company is related to any of the Director(s) of IOC / HPC / IBP: Yes/No

8. If ‘Yes’ to (7) state the name(s) of IOC/ HPC/ IBP Director(s) & the concerned Director’s (of the tenderer Co.) relationship with him/her.

Strike out whichever is not applicable. Date: Signature___________________

Name of Person signing_______________________

Tenderer's Name and address with seal__________________________

DECLARATION ‘I’

We declare that we have complied with and have not violated any clause of the standard Agreement.

Date: Signature___________________

Name of Person signing______________________

Tenderer's Name and address with seal_____________________

DECLARATION ‘II’

We declare that we do not have any employee who is related to any officer of the Oil Company/ Central/ State Government.

OR

We have the following employees working with us who are relatives of the officers of the Oil Company/ Central /State Government.

Name of the Employee Name and Designation of Of the Contractor the Officer of the Oil Company/ Central/ State

Government and relation.

1. ________________________________________________

2. ________________________________________________

Strike off whichever is not applicable. Date: Signature_______________________

26

Name of Person signing__________________________

Tenderer's Name and address with seal___________________

DECLARATION ‘III’

The Tenderer is required to state whether he/ she is a relative of any Director of the Oil Company or the tenderer is a firm in which Director of Oil Company 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 Oil Company is member or Director, (the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of the Oil Company/ Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Oil Company/ Central/ State Government.

Date: Signature________________________

Name of Person signing_________________________

Tenderer's Name and address with seal________________________

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 orii) He / She / They are Husband & Wife oriii) The one is related to the other in the manner indicated below.

1. Father2. Mother (including Step Mother)3. Son (including Step Son)4. Son’s Wife5. Daughter (including Step Daughter)6. Father’s Father7. Father’s Mother8. Mother’s Mother9. Mother’s Father10. Son’s Son11. Son’s Son’s Wife12. Son’s Daughter13. Son’s Daughter’s Husband14. Daughter’s Husband

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15. Daughter’s Son16. Daughter’s Son’s Wife17. Daughter’s Daughter18. Daughter’s Daughter’s Husband19. Brother (including Step Brother)20. Brother’s Wife21. Sister (including Step Sister)22. Sister’s Husband

************

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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 tender opening for the Bulk Petroleum Products transportation contract, 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 himself ordinarily resides otherwise than for the purpose of his own education.

The enclosed format is to be used for the purpose.

29

Annexure to Attachment - 4

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

This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of village / town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..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*…………………………….father / mother of Shri / Smt / Kumari*………………………………in District / Division……………………….of the State / Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..

3. Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily reside(s) in village / town………………… of………………………..District / Division of the State / Union territory of…………………………………..

Signature………………………Place………………………State/Union TerritoryDate……………………… Designation…………………...

30

(With seal of Office)

* Please delete the words, which are not applicable.@ Please quote specific Presidential Order.2/ 3 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

(Lakshdweep Islands).

31

(2.12) Attachment-5

BULK PETROLEM PRODUCTS ROAD TRANSPORT AGREEMENT

THIS AGREEMENT made ______________ day of ________ 2006 between ____________________________ a Company registered under Indian Companies Act, 1913/1956 having registered office at __________________________________ 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 Trucks for Road transportation of bulk petroleum products from their various storage points to customers / other storage points.

WHEREAS the Carrier is engaged in the business of operating Tank Trucks and is interested in above transportation job of the Company.

Now therefore, it is agreed between the parties as follows: -

1. The Carrier will provide the Company with _____ no. of Tank Trucks for transporting petroleum products as per LOI / Work Order issued by the Oil Company. Carrier has certified that it is the owner and / or sufficiently entitled to operate these Tank Trucks throughout the Agreement period and these Tank Trucks are not under Agreement with any other party. Further, these Tank Trucks shall remain under exclusive use with the Company throughout the Contract period.

2(a) Each of the Tank Truck would be attached to a particular loading location / storage point of the Company as per LOI / Work Order issued by the Oil Company. The Tank Truck would be required to carry bulk petroleum products from the particular loading location (-------------) to Company's Retail Outlets / Consumers / other storage points as would be instructed by the Company from time to time.

(b) In the event of resitement / change of loading location of the Company, Tank Trucks attached to the old loading location would get automatically attached to the resited / changed loading location and rate and other terms applicable to the old loading location shall apply to the new loading location.

(c) In case of exigency, Company would be entitled to utilise any Tank Truck attached to a particular loading location for bringing the petroleum products (bridging) from another loading location to the base loading location, where the Tank Truck is contracted. In such event, the rate as detailed in LOI / Work Order issued to the Carrier at

32

the base loading location shall be applicable. In case of any disputes arising out of such movements, the terms and conditions including Arbitration Clause of this Agreement would be applicable.

(d) In case of exigency, Company would be entitled to utilise any Tank Truck attached to a particular loading location for movements of the petroleum products from another loading location to Company's Retail Outlets / Consumers / other receiving locations which are normally fed from that base loading location, where the Tank truck is contracted. In such event, the rate as detailed in LOI / Work Order issued to the Carrier at the base loading location shall be applicable. In case of any disputes arising out of such movements, the terms and conditions including Arbitration Clause of this Agreement would be applicable.

(e) In case the Company desires to change the basis of loading of Tank Truck i.e. volume to weight or vise versa, the transportation rates shall be altered considering the standard conversion factors applied by the Company.

(f) Company shall be free to engage one or more additional Carriers, either to run concurrently or separately, for transportation jobs from the same loading location.

3. Carrier will ensure that Tank Trucks listed in the LOI / Work Order are always:

(a) Maintained in sound mechanical conditions and having all the fittings up to the standards laid down by the Company from time to time.

(b) Meeting requirement of the Company as regards safety and operational norms e.g. Company may require that Tank Trucks are painted in particular specifications, epicoated and / or chambers are cleaned periodically, additional declarations are made in Emergency Information Panel, colour code band, logos and advertisement of the specified Brand names as directed by Oil Company from time to time, etc is painted, at the cost of Carrier. The Carrier will ensure that panels are provided on the Tank Truck for display of Oil Company Brands as specified by Oil Company on regular basis.

(c) Conform to the statutory regulations like Indian Petroleum Act, Petroleum Rules, Motor Vehicle Act etc. as applicable from time to time. Tank trucks will be loaded strictly based on RLW restrictions as per RTO/ statutory stipulations.

(d) Properly calibrated / stamped under the Weights & Measures Act. These shall be calibrated for single capacity up to maximum permitted under Motor Vehicles Act. Company would be entitled for insisting for calibration at Company's premises at the cost of Carrier.

(e) Have adequately trained Crew (driver and cleaner) for efficient operations. The driving licence of the drivers should be endorsed for transportation of hazardous goods.

(f) Have the Crew wearing uniforms, safety shoes and safety helmets.(g) Be equipped with sufficient number of rubber hoses having suitable

couplings at both ends, bonding/ earthing with heavy-duty crocodile clips and dip-rods duly certified by Weights & Measures Department.

(h) Covered by Insurance Policy.The officials of the Company would be entitled to inspect at any time, the Tank Trucks and / or the documents of the Carrier / its crew is liable to carry under any statute / regulation or this Agreement. Further, Carrier shall submit to the Company certified true copies of calibration certificate and Explosive Licence and their renewals for every Tank Truck.

33

4(a) The Tank Trucks listed in the LOI / Work Order will be made available to the Company at all times during the Agreement period at the loading location.

(b) In case any of the Tank Trucks is not made available by the Carrier on any day, Company would be free to use the services of any other Tank Truck and recover the difference in transportation charges from the Carrier.

(c) In the event of breakdown or major repair of any of the Tank Truck, Company at its sole discretion, may accept any other Tank Truck of the Carrier for the period of break-down / major repair. Further, in the event Carrier request for the replacement of Tank Truck/s, Company at its sole discretion may accept the same.

(d) Age of the Tank Trucks offered should not exceed 15 years during the contractual period. Company shall remove the Tank Trucks attaining the age of 15 years during the contractual period. Carrier will ensure replacement with another Tank Truck having age of less than 15 years in 30 days. In case Carrier fails to provide replacement within 30 days, Company will be free to engage any other Tank Truck.

5(a) Carrier will be responsible for all taxes, levies and other costs of running the Tank Trucks / transportation business, which shall also include-

i) Salary, wages and other benefits and claims of Crew of Tank Trucks and all members of Carrier's staff;

ii) Payment of road tax, insurance and any other fees like permit, route fee etc., levied by statutory authorities;

iii) Cost of fuel, lubricants, tyres, repair etc;iv) Calibration fees and other fee payable to Weights & Measures

Department;(v) Compensation or any other benefit payable to Tank Truck Crew and

it’s other staff or third party under any statute or regulation both under regular working and arising from accident etc.;

(b) Carrier shall keep Company indemnified in respect of 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.

(c) It is agreed that the Tank Trucks covered by this Agreement shall operate at the sole risk of the Carrier. In no case, Company would be held responsible for any loss or damage done to / by the Tank Truck while on the Company's work or parked in their premises or anywhere else.

(d) Carrier shall make their own arrangement for parking of their vehicle overnight and / or during holidays.

(e) 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 Oil Company shall not be responsible for his omission or commission.

6(a) The Company will 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- A & B.

(c) (i) Octroi charges levied on the product would be reimbursed by the Company against production of original receipts.

34

(ii) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Carrier for their Tank Trucks while transporting petroleum products under this Contract would be reimbursed by the Company on round-trip basis subject to production of original receipts for payment. Company's decision whether any charge is reimbursable or not would be final and binding on the Carrier.

(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 Trucks are based are available with concerned storage point. Company would, however, be entitled to revise these RTKMs from time to time, including retrospectively, which would be binding on the Carrier. Difference in transportation charges arising out of this revision will be recoverable / payable from the date of Agreement or effective date of such revision, whichever is later.

(e) Company reserves the right to use the Tank Trucks 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.

(f) The procedure for payment of transport bills and reimbursement of entry / transit / bridge / toll tax / octroi charges prevalent in the Company from time to time would be binding on the Carrier.

(g) The Company has not guaranteed any minimum billings / mileage or loads for any period whatsoever. Hence, Company will not be responsible for their inability in offering any load on any day or during any particular period and no idle charges etc. would be payable.

(h) The Company will endeavor to arrange unloading of the Tank Trucks within reasonable time. However, no detention charges etc. are payable if, for any reason, such unloading is delayed at the receiving location.

7(a) The Carrier shall deposit a sum of Rs. ________ as Security Deposit for due fulfillment of terms of this Agreement. This sum shall not bear any interest. Further, Company would accept bank guarantee of the balance amount (Rs. 50000/- as DD and balance as Bank Guarantee) valid till 6 months after the expiry of the Agreement as part of Security Deposit.

(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(a) The Carriers will be responsible for loading and discharging of the Tank Trucks. All the instructions of the Company with regard to the same would be binding on the Carrier.

(b) Only the Crew of the Tank Truck and authorized representative of the Carrier shall be allowed entry inside the Company’s loading / unloading locations.

9(a) The Carrier shall be responsible for quantity and quality of the products received by him for transportation. Acknowledgement by any member of Crew of the Tank Truck or by any other authorized person of the Carrier by way of signing on the Challan or any other Dispatch Document would be sufficient proof of acceptance of product quantity and quality by the Carrier.

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(b) The Carrier will comply with and give full cooperation to the Company in meeting the requirement of prevailing ‘Marketing Discipline Guidelines – 2005’ as applicable to them.

(c) If any shortage in quantity and / or variation in quality of product is found at any stage after Tank Truck leaves the Dispatch Storage Point up to Receiving location, the Carrier would be responsible for the same irrespective of reason and Company would be entitled to following -

(i) In case of quantity shortage, recovery will be at the following rate:

(a) For MS / HSD - retail-selling price at dispatch location or receiving location, whichever is higher and transport charges for the shortage quantity.

(b) For SKO - industrial selling price at dispatch location or receiving location, whichever is higher and transport charges for the shortage quantity.

(c) For all other products - as decided by the Company.

(ii) In case of variation in quality, Company at its' discretion may dispose off the contaminated product. All expenses / losses and cost of product in this connection as determined by the Company shall be recoverable from Carrier.

(a) Above would be in addition to and without prejudice to the Company's right of termination of this Agreement as per clause 15.

(b) Carrier will allow representative of Company and the party, to whom the products are being sent, to travel with him.

10. Carrier will be responsible for ensuring that:

(a) Rules and regulations of the Company in force are followed by him, his staff and Crew of Tank Truck.

(b) All fittings in TT should be ISI marked. Each TT should carry one portable ISI marked 10 KGs DCP fire extinguisher in an easily accessible position away from the TT unloading facilities and one portable 1 KG CO2 / DCP / Approved equivalent fire extinguisher in drivers cabin. Company may ask for additional fittings / equipments as per requirement.

(c) Each TT should have double pole wiring system and should have security system arrangement as required by the company.

(d) Any security system (for e.g.: locking system) decided by company to guard against malpractices will be unconditionally accepted by contractor. Cost of modification / modifications of fittings if any on TT will be borne by the Carrier. Carrier shall be responsible for safety / maintenance of such security systems.

(e) Any position tracking system (for eg. Global Tracking System) decided by the Company to track the movement of the Tank Truck will be unconditionally accepted by the Carrier and install the same in the Tank Truck. Cost of modification / modifications of fittings if any on TT will be borne by the Carrier. Carrier shall be responsible for safety / maintenance of the equipment and in case the equipment is lost / damaged due to any reason, the Carrier shall replace the same at their own cost.

(f) Tank Truck delivers the product to the consignee specified.(g) The Crew has the correct delivery documents and TREM-Card.

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(h) Tank Truck follows the normal / approved route from loading location to receiving location.

(i) Average trip-time is maintained.(j) Signature of recipient is obtained on the delivery documents.(k) Wherever required by Company, collect cheques / draft / bank-slips

etc from the recipient after ensuring that remittances are correctly drawn.

(l) Handover receipted delivery documents and remittances pertaining to deliveries made, to the Company on the same day and before accepting next load. In case, return of Tank Truck is delayed for any reason whatsoever, such documents and remittance are reached to the loading location within 24 hours of completing the delivery.

(m) Each TT shall be painted with the name of the transporter / firm with 4” letters in bands on both side of TT.

11. In case any of the Tank Trucks meets with an accident while it is loaded with Company's product, the Carrier shall:

(a) Arrange conveying of information to dispatch storage points as also nearest police station;

(b) Guard the Tank Truck and product till arrival of rescue agencies;(c) Arrange another fit Tank Truck to salvage the product from Accident

Tank Truck;(d) Bring such transshipped / salvaged product to Dispatch Storage Point

or other location as directed by the Company at Carrier's cost.(e) Be responsible and liable for loss / claims as determined by the

Company.

12(a) Carrier shall be responsible for any damage or loss caused to the Company’s product or property by negligence or default of it’s Crew, authorized representative or Tank Truck. This will also include confiscation of Company's product delivered to the Carriers by any statutory authorities.

(b) The carrier should strictly adhere to Transport Discipline Guidelines as enumerated in Annexure-I to this agreement.

13(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right, title and interest under this Agreement for any reason whatsoever, or change the ownership of / their right on the Tank Trucks.

(b) The Carrier shall not cause or allow any change in the constitution of its firm without obtaining the previous written consent of the Company.

14. 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.

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15. This Agreement would be valid for period of two years from the effective date as given in the LOI / Work Order with option at the sole discretion of Company to extend the same up to one year on same terms and conditions. However, Company reserves the right to terminate this Agreement by giving two months advance notice without being liable to give any reason or pay any compensation.

Notwithstanding anything to the contrary contained hereinabove, Company reserves the right to terminate this Agreement forthwith upon or at any time after happening of any of the following -

(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise.

(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its' partners.

(c) If road permits or statutory licenses / permissions granted to Carrier / it's Tank Trucks by transport or any statutory authorities is cancelled or revoked.

(d) If any of the information submitted by the Carrier in the tender is found incorrect at any time.

(e) Breach of any of the terms or conditions of this Agreement by the Carrier.

(f) 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.

(g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision of Company will be final and binding on the Carrier.

(h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, 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.

16. 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 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

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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.

17. The parties hereby agree that the court in city of ----------- alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of any thing arising under this Agreement.

18. This Agreement covers entire understanding between the parties. 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.

19. 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.

To Dy. General Manager (Operations/Distribution) Name of the Oil Company, Address of State / Regional / Zonal Office ______________ ______________

To, Name of Carrier, Address, __________ __________

Signed and witnessed at ___________ on _________. For COMPANY WITNESS 1.

2. M/s. _____________________ (Authorized Signatory)

For CARRIERSWITNESS 1. 2.

M/s. ________________________ (PROP. /PARTNER/DIRECTORS)

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Annexure–I Transport Discipline Guidelines:

I) TRANSPORT AGREEMENT:

A. Tank Truck shall not be used for any product other than petroleum products and will operate only for the Oil Company with whom the agreement has been entered into.

B. Colour code band, 6 inches wide, shall be painted on both sides throughout the length of the Tank for easy identification of the oil company with whom the Tank Truck is under agreement. The company wise colour codes of the band are as under:IOC - Golden YellowHPC - Signal RedIBP - Indian Saffron

C. The Carrier will ensure that the name of the base location of the concerned Oil Company is indicated in block “D” of Emergency Information Panel.

D. All the tank trucks engaged in the tender shall be painted as per the standard specifications provided by the Oil Companies from time to time. Such painting of tank truck shall be carried out by the carriers at their cost.

E. Oil companies are developing a suitable computer based online system to monitor movement of tank trucks engaged under the tender. All the carriers shall not have any objection for installation of the required equipment in tank trucks to monitor their movements. Oil Companies will be advising detailed plans to all the carriers from time to time.

II) FITNESS OF TANK TRUCK:

A. Carrier shall be responsible for providing Tank Truck fit in all respects to carry petroleum products and transporting/ delivering the same in good condition, as per specifications, to the Dealers/ Consumers/ Receiving locations and shall be held accountable for any malpractice/ adulteration en route.

B. Tank Truck shall be duly approved for its design/ fittings by Explosives Department. Transporter shall be responsible for ensuring that the status of the Tank Truck fittings is maintained in accordance with the licensing authority conditions at all times.

C. Tank Truck without valid Explosives Licence will not be utilized, unless authorized by Explosives Department to use the Tank Truck pending renewal.

D. The original and a copy of the valid Explosives Licence shall be submitted to the Loading Location. Original certificate shall be returned to the Carrier after verification.

III) CALIBRATION OF TANK TRUCKS:

A. Carrier shall carry valid Calibration Certificates for Tank Trucks issued by Weights and Measure Department at all items.

B. The original and a copy of the valid calibration certificate shall be submitted to the loading location. Original certificate shall be returned to the Carrier after verification.

C. Tank Truck shall be calibrated for single capacity in line with MV Act.D. Carrier to provide dip hole/Dip pipe in center of manhole of fitting duly welded.

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E. Datum Plate height should not be more than 10 mm from the bottom plate and should be shown in the drawing.F. Carrier if found tampering with calibration of vehicle in any manner

resulting in malpractice and loss of product will be liable for recovery for the alleged losses from the date of last calibration.

IV) PRODUCT RECEIPT IN TANK TRUCKS, MAL PRACTICES AT DEALER/ CONSUMER/ RECEIVING LOCATIONS:

In case of doubt as to the quality of product following action shall be taken:A. Inform Loading Location / Sales Officer.B. MS: Draw equal quantities of bottom samples from those Tank Truck

compartments, product quality of which is in doubt, in the presence of Tank Truck crew; make a composite sample of these samples so as to have 6 Nos. samples of 1 litre each. Prepare sample tags. Signing on the sample tags and sealing of the sample containers shall be done jointly by the Dealer/ Consumer and Tank Truck crew. Two samples shall be retained by the Dealer/ Consumer, two samples given to the Tank Truck crew and two samples taken to the Loading Location.HSD: Draw equal quantities of bottom samples from those Tank Truck compartments, product quality of which is in doubt, in the presence of Tank Truck crew; make a composite sample of these samples so as to have 3 Nos. samples of 1 litre each. Prepare sample tags. Signing on the samples tags and sealing of the sample containers shall be done jointly by the Dealer/ Consumer and Tank Truck crew. One sample shall be retained by the Dealer/ Consumer, one sample given to the Tank Truck crew and one sample taken to the Loading Location.

C. The Tank Truck shall be returned to the Loading location under escort by Dealer / Customer.

D. On arrival of the Tank Truck, action in the presence of Carrier/ Tank Truck crew shall be taken by the Loading Location as under:

i) Collect the sample/s drawn at Dealer’s / Consumer’s premises.ii) Check dips of each Tank Truck compartment and subject bottom and

top samples drawn from each compartment to test C (Colour – visual, presence of water).

iii) MS: Draw equal quantities of bottom samples from those Tank Truck compartments, product quality of which is in doubt, in the presence of Tank Truck crew, make a composite samples of these samples so as to have 6 Nos samples of 1 litre each. Prepare sample tags. Signing on the sample tags and sealing of the sample containers shall be done jointly by the Loading Location and Tank Truck crew. Two samples shall be retained by the Loading Location, two samples given to the Tank Truck crew, one sample send to the nearest Oil Company’s laboratory for testing and one sample sent to the Refinery/ Industry’s laboratory (where Octane Number testing facility is available) for Octane Number testing.HSD: Draw equal quantities of bottom samples from those Tank Truck compartments, product quality of which is in doubt, in the presence of Tank Truck crew; make a composite sample of these samples so as to have 3 Nos. samples of 1 litre each. Prepare sample tags. Signing on the sample tag and sealing of the sample containers shall be done jointly by the Loading Location and Tank Truck crew. One sample shall be retained by the Loading Location, one sample given to the Tank Truck crew and one sample sent to the nearest oil company’s laboratory for testing.

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iv) The Tank Truck, thereafter, shall be sealed again in the presence of the Carrier/ Tank Truck crew and parked for safe custody within the Loading Location.

v) On receipt of test results from the lab, transporter shall be suitably advised and action taken as outlined hereunder on actions for malpractices / adulteration.

V) All incidents of malpractices and adulteration are categorized as under:

i) Deliberate attemptii) Other causes

MALPRACTICES:

Malpractices will also cover any of the following:a. Tampering with standard fittings of Tank Truck for pilferage of

product/s.b. Diversion from specified route without valid reason.c. Exceeding trip time.d. Tank Truck used for product other than petroleum product.e. Entering into an agreement with other companies.

i) Deliberate Attempt:a. In case the malpractice/ irregularity is punished under W & M Act, the

Weights & Measures Dept. shall be advised and if need be, re-verification of calibration shall be arranged.

b. Tank Truck caught for having indulged in malpractices shall be immediately suspended by the 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 Truck is blacklisted.

c. On investigation, if it is proved that the Tank Truck crew alone is responsible for the malpractice/ irregularity, then that particular Tank Truck alone shall be blacklisted along with the Tank Truck crew. However if the investigation reveals the complicity of the Carrier, then the whole contract comprising other Tank Trucks belonging to the concerned Carrier shall be cancelled and all Tank Trucks black listed along with the Tank Truck crew.

d. The period for blacklisting a Tank Truck shall be two years. However, the decision for lifting the ban on the concerned Tank Truck thereafter shall necessarily be taken by the company who had originally blacklisted the Tank Truck. Depending upon the seriousness of the offence, the Tank Truck may be banned permanently.

e. A list of all such blacklisted/ banned Tank Trucks showing their registration nos. along with their engine and chassis nos. shall be prepared and circulated to other Regions and Other Oil Companies so that Tank Trucks banned by one location/ Oil Company are not engaged by other locations/ Oil Companies.

f. Locations shall maintain records of all such blacklisted/ banned Tank Trucks with all relevant details in a register and exchange this information with their counterparts in other Oil Companies periodically.

ii) Other Causes:In all cases of malpractices/ irregularities for pilferage of the product where it is difficult to establish deliberate attempt on the part of the Carrier/ Tank Truck crew, action stipulated under clause (V) above shall be initiated

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except suspension/black listing of Tank Truck. However, Carrier shall be warned and asked to remove the Tank Truck crew.

ADULTERATION:

In all cases of suspected adulteration of products in Tank Truck due to deliberate attempt by Carrier/ Tank Truck crew or due to other causes and their subsequent confirmation by the lab, action against the transporter shall be initiated as under:

i) Deliberate attempta. Disposal of the contaminated product shall be as per advice from

Quality Control Department.b. Incidental expenses and any other expenses sustained by the

concerned oil company for disposal of the contaminated product shall also be recovered from the transporter.

c. In the event of contamination, the entire invoice value of the product including sales tax and other levies will be recovered from the transport contractor.

d. No transportation charges shall be paid for the futile trip to the Dealer/ Consumer or Receiving Location as well as for the subsequent trip for delivering the adulterated/ contaminated product to the concerned oil company’s nominated location for disposal of the product.

e. Action against the Carrier for suspension/blacklisting of Tank Truck/s or termination of transport contract shall be initiated as stipulated under clause (V).

ii) Other causes: Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be the same as that under clause (V). However, in case of accidental contamination, decision for suspension/ blacklisting of the Tank Truck/s shall be based on the investigation report.

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(2.13) Attachment- 6


BANK GUARANTEE

1. In consideration of IOC/HPC/IBP having its registered office at ___________________ (hereinafter called "The Company" having agreed to exempt M/S ____________________(Hereinafter called "the said Carrier(s)") from the demand under the terms and conditions of an Agreement dated ___________ made between _________________ the Company______________ and the Carrier(s) ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfillment by the said Carrier(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 _______________________ (Carrier(s) ) 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 Carrier(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 Carrier(s) of any of the terms and conditions contained in the said agreement or by reason of the Carrier’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 Carrier(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 Carrier(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 of 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 Carrier(s) and accordingly discharge this guarantee. Unless a demand or claim

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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 the terms and conditions of the said Agreement or to extend time of performance by the said Carrier(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 Carrier(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 Carrier(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Carrier(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 Carrier(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 ____________ 2006.

For __________________________ (Indicate name of the Bank)

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(2.14) Attachment - 7


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 IOC/ HPC/IBP.

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 two ______________.

Signatures

Signed, Sealed and delivered by 1) Shri___________________

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the within named partners/ 2) Shri___________________

Directors of M/S _____________ 3) Shri___________________

Before me.

Notary public(Notary's Stamp)

(2.15) Attachment – 8

UNDERTAKING

We declare as under:

1. That the Tank Trucks offered under contract to IOC/ HPC/IBP______________ State Office/ Zone/ Region/ Location has not been withdrawn from any other contract with any other Oil Company or any State Office/ Zone/ Region/ Location of the IOC/ HPC/IBP.

2. That the Tank Trucks under reference are not attached with any other Party/ Contractor/ Distributor and have not been withdrawn without their prior consent.

3. That the subject Tank Trucks are not involved in any litigation other than routine cases of road accident or any violation of Motor Vehicles Act.

4. That we have not been blacklisted so far by any of the Oil Company.5. We further confirm that the details as furnished by us have been

verified and found correct. We undertake to place the Tank Trucks at the disposal of IOC/ HPC/ IBP in case the contract is awarded in our favour. If any information is found to be incorrect, the contract if awarded to us shall be liable to be cancelled and we shall be liable to pay to the Oil Company such damages/ losses/ claims as the Oil Company may put to due to termination of the contract. We also undertake that should there be any action against Oil Company resulting in damages of whatsoever nature to Oil Company on account of award of contract in our favour on the basis of the misrepresentations, we shall keep the Oil Company completely indemnified against all the claims/ losses/ damages/ litigations/ court action etc.

Date: Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal___________________

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PRICE BID

PRICE BID (to be submitted in Envelope “B”)

Receipt No. & Date: _____________________ (For Purchase of Tender Form)

Rate Schedule for Road Transportation of Bulk Petroleum Products –

Tender No. _______________________ Ex_____________ (Name of the location and Oil Company for which offer is submitted)

------------------------------------------------------------------------------------------------------- WHITE BLACK

AVIATION OIL OIL PRODUCTS

-------------------------------------------------------------------------------------------------------1. Local delivery (within 39KMs RTD)

In Rs Per KL

(In words) ……… ……….……………

(In figures) ……… ……….……………

2. Beyond local delivery, within State In Paise Per KL Per KM

(In words) ……… ……….……………

(In figures) ……… ……….……………

3. Delivery to adjoining States In Paise Per KL Per KM

(In words) ……… ……….

…………… (In figures) ……… ……….

……………

---------------------------------------------------------------------------------------------------------(Minimum amount payable for outstation delivery beyond 39 Km RTKM shall

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not be less than that payable for local delivery for same volume of product transported. In case of change in loading location, sector/ category of the delivery shall be applicable from that loading location.)

Date: Signature______________________ Name of Person

signing______________________

Tenderer's Name and address with seal_______________________

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SCHEDULE -A

FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD/ PGHSD

Increase/ decrease in the transportation rate in Paise Per KL Per KM:

FORMULA: Increase/ Decrease in 1 litre of HSD/ PGHSD Retail Selling Price (RSP) ex-State Capital cities (within municipal limits) of the supply point concerned inclusive of taxes (with following clarifications) -------------------------------------------------------------------------------------------------------

Q x 4

Where Q represents notional capacity of a Tank Truck and it is taken as 12 KL and 4 represent distance (4 KMs), which a Tank Truck can run with 1 lit of HSD / PGHSD (loaded or otherwise) for the purpose of calculations.

NOTE:

1. The retail-selling price of HSD/ PGHSD as on the date of opening of the tender will be the base price.

2. The escalation/ de-escalation of transportation rates will be allowed every quarter i.e. on 1st January, 1st April, 1st July and 1st October.

3. Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of HSD/ PGHSD, which will be the weighted average of RSPs of HSD/ PGHSD during immediate previous three months, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent three months.

4. Only the increase/ decrease in RSP of HSD/ PGHSD at the State Capital cities (Within Municipal Limits) of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of the Oil Company shall be final and binding.

SCHEDULE - B

FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSORTATION RATES FOR LOCAL DELIVERIES WITHIN 39 KMs.

Increase/ decrease in transportation rate: In Rs. Per KL.

Increase/ decrease in transportation rate in Rs. Per KL, only for local deliveries, shall be increase/ decrease in transportation rate as per SCHEDULE - A, in Rs. Per KL Per KM X 39 KMs.

*************

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