notice inviting e-tender - bharat petroleum bid bpcl...lakh only) drawn on _____ (only scheduled...

BPCL/LPG/LOGS/TANKER AGENCY/2015-17

NOTICE INVITING E-TENDER

Electronic bids (e-tenders) are invited under Two-Bid system for operating as our “Agent for BPC Time Chartered LPG Vessels at Indian Disports”. (E-tender system ID: 4099).

Bharat Petroleum seeks offers from prospective bidders. Tender documents (non-transferable) can

be downloaded from our e-tendering website during the download period. The details for

downloading / information are available at our website https://bpcleproc.in

http://eprocure.gov.in/cppp www.bharatpetroleum.in

The website for bid submission is https://bpcleproc.in

Tender Ref no. BPCL/LPG/LOGS/TANKER AGENCY/2015-17

Name of Work : TANKER AGENCY CONTRACT FOR BPC‟s TIME CHARTERED LPG VESSELS AT

ALL THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY

NIT No. Tender Download Period Bid submission / Upload

Closing date & time NIT No. : From To

24.08.2015

(1000 hrs)

11.09.2015 (1100 hrs)

11.09.2015 (1100 hrs)

Pre Bid Meeting Date and Time : 31.08.2015 (1100 hrs)

Tender Opening Date and Time : 11.09.2015 (1400 hrs)

CONTACT PERSON: Name / phone No. / email id : Manager Logistics (LPG), HQ Phone No. 022-

22713776 / 9819927127 (between 1000 to 1730 Hrs; Monday to Friday) followed with an email to

[email protected] with subject tag as “BPCL/LPG/LOGS/TANKER AGENCY/2015-

17”

Note: All bidders must have Digital Signature Certificate and shall have to register themselves at

the above mentioned websites in order to download the tender documents and also for submission

of the bid. Online response submitted on our website https://bpcleproc.in shall only be accepted.

All revisions, clarifications, corrigenda, addenda, time extensions, etc. to the tender will be hosted

on above mentioned websites only. Bidders should regularly visit the websites to keep themselves

updated.

https://bpcl.eproc.in/

http://eprocure.gov.in/cpp

http://www.bharatpetroleum.in/


mailto:[email protected]



BHARAT PETROLEUM CORPORATION LIMITED

Bharat Bhavan-II, Currimbhoy Road, Ballard Estate,

MUMBAI – 400 001

Tel. off.: 22713776 / Fax: 22713813 REF: BPCL/LPG/LOGS/TANKER AGENCY/2015-17

VERY IMPORTANT INSTRUCTIONS: 1) The rates quoted / approved will remain in force for minimum 2 years and no

revision will be made during the tenure of the contract period. 2) Contractor is required to pay the Minimum Wages/ Revised wages to the

workers engaged by them, the rates finalised by BPCL will not be revised accordingly, Increase, if any on account of revision in workmen‟s wages, is to be fully borne by the contractor. No rate escalation or reimbursement of any

kind will be entertained by BPCL. 3) Contractor is required to quote rates only after fully understanding the jobs to

be carried out and after carefully going through the important instructions / scope of job and other tender conditions.


TENDERER’S COVERING LETTER

FROM: Dated:

M/s._________________________ _____________________________

_____________________________ (Name and Address of the tenderer)

To,

Bharat Petroleum Corporation Limited, LPG SBU, Bharat Bhavan-II, Currimbhoy Road, Ballard Estate,

MUMBAI – 400 001 Dear Sir,

TENDER NO: BPCL/LPG/LOGS/TANKER AGENCY/2015-17 FOR TANKER AGENCY CONTRACT FOR BPC’s TIME CHARTERED LPG VESSELS AT ALL

THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY.

With reference to your subject tender, we confirm having carefully read, studied and understood various conditions / documents supplied with tender and returning them duly signed and stamped for having accepted in toto. We also

submit our quotations duly signed in sealed envelope as per enclosed documents: A) CREDENTIAL BID: TO BE SUBMITTED ON E-PLATFORM / IN

PHYSICAL FORM:

I) Particulars of tenderers as per Annexure-1 – On E-Platform. II) Acceptance of General Terms and conditions by way of signing each

page of the same is enclosed - Annexure -2 – Acceptance on E-

Platform. III) Acceptance of Broad Outlines for subject Tanker Agency contract duly

signed as a token of acceptance - Annexure – 3 - Acceptance on E-

Platform. IV) Declaration to be given as per - Annexure –4 – On E-Platform. V) Demand Draft No.____ dated _______ for Rs._____ /- (Rupees One

Lakh Only) drawn on _______________ (only Scheduled Bank) in favour of M/s. Bharat Petroleum Corporation Ltd. Payable at Mumbai towards Earnest Money Deposit (for a sum equivalent to 5% of the


total tendered value of works as EMD (Earnest Money Deposit), subject to a minimum of Rs.5,000/- (Rupees Five Thousand Only) and

a maximum of Rs.1.0 Lakh (Rupees One Lakh Only), is put in sealed envelope for Credential Bid – to be submitted to BPCL Office at Bharat Bhavan-II, LPG Dept., 5th Floor, Ballard Estate, Mumbai

– 400 001. Scan copy of EMD is to be loaded on E-Platform. VI) Latest Income Tax Clearance Certificate (immediate preceding Financial

year) for Self / Proprietor / All the Legal Partner / Company enclosed –

to be loaded on E-Platform. VII) Proof of similar nature of job handling during last three years (Work

Order and payment voucher are enclosed) with any Public Sector

Undertaking / Large Organization Undertaking. – to be loaded on E-Platform.

VIII) Acceptance of Draft Agreement by way of signing of each page of the

same enclosed as Annexure -5 – Digital sign on E-Platform. IX) Acceptance of draft proforma for Bank Guarantee, by signing of each

page of the same enclosed as Annexure -6 – Digital sign on E-Platform.

X) Attested copies of Trading License or Company Registration Certificate

– to be loaded on E-Platform. XI) Attested copies of Registration Number as Tanker Agents / copies of

deposits paid to ports – to be loaded on E-Platform.

XII) Attested Copies of Partnership Deed or Certificate of Incorporation – to be loaded on E-Platform / hand over to BPCL Office.

XIII) SC/ST certificate (in case of SC/ST candidate) as Annexure – 7 – to

be loaded on E-Platform. XIV) POA (Power of Attorney) authorized to sign this tender as Proprietor or

as per POA issued by all other Partners/ Directors enclosed as

Annexure -8 – to be loaded on E-Platform. XV) Integrity Pact enclosed as Annexure - 9 – Digital sign on E-

Platform.

B) PRICE BID: TO BE SUBMITTED ON E-PLATFORM

Lump sum agency fees quoted (in Indian Rupees) both in words and figures needs to be given in the PRICE BID – format is given on e-platform.

Signature:______________________

Full Name:______________________ (Signed as Proprietor/Partner/Director)

PLACE: DATE: (NAME & ADDRESS OF THE TENDERER WITH SEAL)


ANNEXURE -I

TENDER NO: BPCL/LPG/LOGS/TANKER AGENCY/2015-17 FOR TANKER AGENCY CONTRACT FOR BPC’s TIME CHARTERED LPG VESSELS AT ALL THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY.

PARTICULARS OF TENDERER: 1. Constitution of the firm

2. Nature of Firm (State whether Limited Company / Partnership / Sole

Proprietor etc.)

3. Year of Establishment

4. Registration Number

5. Regd. Postal Address

6. Telephone Number

7. Mobile Number

8. Email address

9. Postal Address, Telephone Number, E-mail address of Branches in the country at following ports:

a) Kandla

b) Sikka

c) Porbandar


d) Pipavav

e) Dahej

f) JNPT g) Mumbai

h) Mangalore

i) Tuticorin

j) Ennore

k) Vizag

l) Haldia

10. Name of Directors, in case of Co.

11. Name of partners in case of

Partnership

12. Name of Proprietor, in case of Sole Proprietor

13. Permanent Income Tax Number of the Firm

14. Service Tax Registration Number

15. Last Income Tax clearance certificate either in original or self attested

photo copy


16. Latest Income Tax Clearance Certificate (attach copy)

17. (a) Name of the Bankers and Branch with full address

(b) Style of Account & Number

(c) Name(s) of Person(s) operating

the account

18. (a) Certificate of Incorporation in case of Co. (attach copy)

(b) Trade Licence Number & Date

(attach copy) (c) Provident Fund Reg. Number

(attach copy)

(d) ESI Regn. Number (attach copy)

19. Name(s) of the Proprietor / Partners / Directors who is / are authorized to act as our representatives

20. Registration Number as Tanker Agents / Details of Deposits paid to Ports (attach copy)

21. Past Experience

Number of Tankers / Vessels handled during the last three years at


Locations are given below

a) LPG Vessels

b) Dry Cargo vessel

c) Bulk Petroleum Tankers (Fuel)

d) Bulk Lube Oil Tankers

e) Chemical Tankers

f) Container Vessels

22. Indicate the names of parties for

whom the jobs are handled / tankers handled as sub-agents. However, jobs handled through sub-agents are not to be included.

23. Copies of Work Orders / Certificates of Performance from parties indicating

Volume/value of work should also be enclosed.

24. Whether Tenderer - Proprietor or any of the Partners/ Directors are related

(as defined under Companies Act 1956) to any of Directors or the Corporation to which tender is being submitted.

If so, name of Director of Oil Corporation and nature of

relationship

25. a) Name of Bankers with full address

b) Style of Account and A/c No.


c) Certificate from the Bankers regarding worthiness and financial sound health of the tenderer to be

enclosed

26. Balance Sheet and Profit and Loss account of the last two years to be

enclosed

(Additional data if any has to be provided on Letterhead of the Tenderer)

We confirm the following:

a) To comply with Contract Labour Act YES/NO

b) To maintain register and confirm payment and all dues as per Minimum Wages Act, Maharashtra State / PF and other benefits. The register to be presented to Location Incharge for inspection

every month. YES/NO c) To abide all applicable Rules/Regulation as per relevant Acts

of State/Central Govt. with regard to engaging contract labour. YES/NO To settle all claims which may be raised by contract labours & binding on the party for reimbursement as per rules prevailing in

the state and also as per rules of Central Govt.

We confirm that rates offered by us will remain valid for acceptance by the Corporation for a period of 180 (One Hundred and Eighty) days from the date of opening of this

tender.


ANNEXURE - 2

TENDER NO: BPCL/LPG/LOGS/TANKER AGENCY/2015-17 FOR TANKER AGENCY CONTRACT FOR BPC’s TIME CHARTERED LPG VESSELS AT ALL

THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY.

GENERAL TERMS AND CONDITIONS

(TO BE READ CAREFULLY BEFORE SUBMISSION OF THE TENDER)

(A) SUBMISSION OF TENDERS : Before submitting the tender, the tenderers are requested to read very carefully

the terms and conditions laid down in the enclosed tender document. All the enclosed tender documents shall form part of the contract.

1. Tender must be submitted online as per document duly downloaded from

downloaded from our website and should be strictly in line with our terms and

conditions. Any tender not conforming to the terms and conditions prescribed in the tender document is liable to be rejected.

2. Counter terms and conditions will not be accepted.

3. Tender documents

Downloading Of Documents: Tender documents can be downloaded from BPCL web Site

http://www.bharatpetroleum.in at the following link Energizing Business

Tenders Search Tenders by categories LPG Logistics by the interested

parties. Details of the tender can also be viewed at https://bpcleproc.in and

http://eprocure.gov.in . Corrigendum, if any, shall be given at above mentioned

websites.

Pre bid meeting: 31/08/2014 AT 11.00 HRS at our Office at Ballard Estate. One authorized representative having sound knowledge of the system /

bid, and, carrying authority letter on letter head duly signed by the authorized signatory is allowed to participate in the pre bid meeting.

Submission: Tenderers are required to submit bid only through online mode on or before

the due date of closing of the tender. No manual bids / offers along with

electronic bids / offers shall be permitted.

http://www.bharatpetroleum.in/

https://bpcleproc.in/

http://eprocure.gov.in/


The DDs for EMD, Tender Fee, proof for exemption (if applicable) with

covering letter on the original letterhead of the tenderer, signed, and

stamped by authorized person to be put in a sealed envelope marked

“Tender for operating as Agent for BPC Time Chartered LPG Vessels at Indian

Disports, tender no: BPCL/LPG/LOGS/TANKER AGENCY/2015-17” and should be

dropped only in the Tender Box available at the following office of BPCL

(these documents shall not be accepted by courier / post / or in person):

BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II,

LPG DEPARTMENT, 5TH FLOOR,

BALLARD ESTATE,

MUMBAI - 400 001 For any clarification kindly contact the person mentioned below:

MANAGER LOGISTICS (LPG) HQ

BHARAT PETROLEUM CORPORATION LTD,

BHARAT BHAVAN – II,

LPG DEPARTMENT, 5TH FLOOR,

BALLARD ESTATE,

MUMBAI - 400 001

Tel No. 022-22713776

GENERAL INSTRUCTIONS TO TENDERERS FOR E-TENDERING 1. Tender document with detailed terms and conditions is available on our

website https://bpcleproc.in . Interested parties may download the same and participate in the tender as per the instructions given therein, on or

before the due date of the tender. The tender shall have to be submitted online through the e-procurement system on https://bpcleproc.in

2. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root

Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the tenderer.

In case any tenderer so desires, they may contact our e-procurement

service provider M/s. E-PROCUREMENT TECHNOLOGIES PVT LTD at +91-

79-40016868 (Help Desk is available between 10:00 to 19:00 Hrs; Monday to Friday and 10:00 to 15:30 hrs on Saturday) for obtaining the digital signature certificate.




3. Corrigendum / amendment, if any, shall be notified on the site

https://bpcleproc.in . In case any corrigendum / amendment is issued after the submission of the bid, then such tenderers who have submitted their bids, shall be intimated about the corrigendum / amendment by a system-

generated email. It shall be assumed that the information contained therein has been taken into account by the tenderer. They have the choice of making changes in their bid before the due date and time.

4. Tenderers are required to complete the following process online on or

before the due date of closing of the tender:

i Tender documents to be down loaded in full and each of the

pages needs to be stamped & signed and have to be

uploaded in bid common form while submitting the tender online. (Do not send any hard copy of the tender

document). ii Notify the deviations if any, in the forms provided for this

purpose. 5. This e-tender is floated in two-bid system i.e. Credential bid & Price bid.

Credential bid will be first opened on scheduled date and will be evaluated as per the terms and conditions of the tender. Price bids of the bidders, who have qualified in credential bid based on above evaluation by the

Corporation, will be opened on subsequent notified date. The schedule for opening the price bid shall be advised separately.

6. Original ranking of the tenderer(s) i.e. L-1, L-2, L-3 etc will be decided on the basis of ascending order of financial outgo to BPCL on overall basis, considering the tentative volume, original rates quoted for each Port as

mentioned in the Price bid. In case any bidder has not quoted rate for one / some Ports, then the highest quoted rates of any bidder for that

particular Port shall be taken while calculating the financial outgo to the Corporation for arriving at the ranking of that tenderer.

7. To ensure better co-ordination BPCL prefers a single agent for handling vessels at all our LPG handling ports and, the agents should have office/experienced staff at these ports.

8. Directions for submitting online offers, electronically, against e-

procurement tenders directly through internet:



(i) Tenderers are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the

earliest. (ii) The system time (IST) that will be displayed on e-Procurement web

page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

(iii) Tenderers are advised in their own interest to ensure that their bids

are submitted in e-Procurement system well before the closing

date and time of bid. If the tenderer intends to change / revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be

modified after the deadline for submission of bids.

(iv) Once the entire process of submission of online bid is complete, the tenderers are required to go to option “own bid” view through dashboard and take the print of the envelope receipt as a proof of

submitted bid. (v) Bids / Offers shall not be permitted in e-procurement system after

the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

(vi) No manual bids / offers along with electronic bids/offers shall be permitted.

9. Once the price bids are opened, tenderers can see the rates quoted by all the participating bidders by logging on to the portal under their user ID and password and clicking on “Other Bids” view.

10. No responsibility will be taken by BPCL and / or the e-procurement

service provider for any delay due to connectivity and availability of website. They shall not have any liability to tenderers for any interruption or delay in access to the site irrespective of the cause. It is

advisable that tenderers who are not well conversant with e-tendering procedures, start filling up the tenders much before the due date / time so that there is sufficient time available with him / her to acquaint

with all the steps and seek help if they so require. Even for those who are conversant with this type of e-tendering, it is suggested to complete all the activities ahead of time. It should be noted that the

individual bid becomes viewable only after the opening of the bid on / after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date / time of the


tender opening. The non availability of viewing before due date and time is true for e-tendering service provider as well as BPCL officials.

BPCL and / or the e-procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising

out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

In case of any clarification pertaining to e-procurement process, the tenderer may contact the following agencies / personnel:

For System related issues : Send an email to help desk id [email protected] followed with a

telephone call to Help Desk of M/s. E-PROCUREMENT TECHNOLOGIES PVT LTD +91-79-40016868 (Help Desk is available between 10:00 to 19:00 Hrs; Monday to Friday and 10:00 to 15:30 hrs on Saturday).

For Tender related issues :

Send an email to [email protected] followed with a telephone call to Mr. R.C. Kurian, Manager Logistics (LPG) HQ, Phone No. 022-22713776 / 9819927127 (between 1000 to 1730 Hrs; Monday

to Friday) followed with subject tag as “BPCL/LPG/LOGS/TANKER AGENCY/2015-17”

4. The applicant shall be in a position to produce the original documents towards copies submitted in respect of Annexure-I of the tender document, as & when

required and asked to produce during the process of evaluation. 5. When the person signing the tender / agreement is not the sole proprietor or

authorized representative of the company, the original power of Attorney or Notaries Certified copy thereof, authorizing such a person to act and sign on behalf of the company must be enclosed alongwith the tender document.

6. Your quotations should be submitted only on our website https://bpcleproc.in

before the due date & time. The Corporation will not accept any responsibility if

the tender is not submitted on our website but instead handed over to any employee / person or sent through “Registered Post”.

7. (a) The tenderer shall be required to submit along with this quotation a Bank Draft payable at Mumbai in favour of M/s. BHARAT PETROLEUM CORPORATION LIMITED for a sum equivalent to 5% of the total tendered value of works as EMD

(Earnest Money Deposit), subject to a minimum of Rs.5,000/- (Rupees Five Thousand Only) and a maximum of Rs.1.0 Lakh (Rupees One Lakh Only).

(b) No interest is payable on the Earnest Money Deposit (EMD).





(c) EMD of the tenders will be refunded only after finalization of the tender. In

case of successful tenderer EMD will be refunded only after completion of all formalities i.e. signing of Agreement and submission of requisite Security Deposit to the Corporation.

(d) EMD will be forfeited if the tenderer:

i. Modifies / withdraws the offer during the validity period of 180 days from the opening date of tender.

ii. Refuses to sign the Agreement on acceptance of the offer / award of business or fails to furnish Security Deposit within the stipulated 15 days period.

(e) Cheque and / or request for adjustment of any pending dues or any other

deposit of contractors will not be accepted as EMD. 8. Tenderer should submit all the details and enclosures as has been asked. In case

any of the information is not applicable to them, “Not applicable” may be written against that para. Not submitting any information / enclosure sought may be the ground for rejecting the tender.

9. Any additions / deletions or changes in our tender document will not be accepted

and such tenders are liable to be rejected.

10. Tenderer, without prior permission of BPCL cannot disclose any information

provided by BPCL to any third party, and shall not disclose the tender or any

provision, specification, prototype etc, to any person who is not involved in the performance of the contract.

11. All entries in the tender must be written in permanent ink or typewritten and there should not be any erasing or over writing or usage of white correction fluid.

Corrections, if any, should be attested under the full signature of the tenderer.

12. Tenderer would be presumed to have acquainted themselves with the working

conditions existing at the locations, before submission of the tender. 13. The estimated number of vessel handling at each port is given below: -

No Port Estimated number of vessel handling per annum (nos)

1. Kandla 18

2. Sikka 6

3. Porbandar 36

4. Pipavav 36

5. Dahej 36


6. JNPT 24

7. Mumbai 6

8. Mangalore 12

9. Tuticorin 6

10. Ennore 6

11. Vizag 6

12. Haldia 12

The estimated number of vessel handling at each port as given above is purely

indicative and will depend on various factors like LPG availability at sources (indigenous / imported), demand fluctuations, commissioning of new bottling plants, supply sources, pipelines, railway sidings, alternate fuel, etc.

BPCL does not give guarantee for any minimum number of vessel handling at each port and for such reason; the tenderer cannot claim any minimum amount

per port and also claim any consequential damages from the Corporation.

14. EMD should be submitted at our Office at Bharat Petroleum Corporation

Ltd., Bharat Bhavan – II, LPG Dept., 5th Floor, Ballard Estate, Mumbai – 400 001 before the due date and time. EMDs / e-tenders received after the due date or time for whatever reasons will be rejected forthwith.

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

sending one of his authorized representative.

16. In case of unscheduled holiday on opening day of tender, the next working day

will be treated as scheduled prescribed day of opening of tender. Time and venue will remain same.

17. The successful tenderer shall not be permitted to participate in this tender for work in the Corporation in which any of their near relatives is an Officer of the Corporation. They shall also intimate the names of persons who are working with

them in any capacity or are subsequently employed by them and who are near relative of any officer of the Corporation or in the State or Central Government. Any violation in this condition that comes to the notice of the Corporation, after

the contract is awarded will entitle the Corporation to treat the Tenderer as having committed a breach of the Contract and exercise all the rights and remedies available to the Corporation on account thereof.

18. No Officer of the Corporation is allowed to work with the Contractor for a period

of two years after his retirement from the Corporation‟s service without the

previous permission of the Corporation. This contract is liable to be cancelled if either the successful Tenderer or any of their employees is found to be such a person who had not obtained the permission of the Corporation as aforesaid

before submission of the Tender or engagement in the Contractor‟s service as the case may be.


19. Tenderer shall give proof for handling similar nature of work i.e. vessel handling

during the last 3 years (Work order and payment vouchers to be enclosed) with any Public Sector Undertaking / large organization undertaking.

20. Work to be done to the satisfaction of the Corporation: The Contractor shall carry out and complete the work in accordance with the terms / condition / agreement in every respect to the entire satisfaction of the Corporation.

21. Transfer or Assignment of Contract: This contract shall not be assigned or

transferred or sublet in any manner whatsoever. If the Contractor shall assign or

transfer or sublet or attempt to do so, the Corporation may by notice in writing rescind the contract.

22. All rates should be quoted in words and figures. In case if any difference exists between the two, the rates quoted in words would be considered as final and

authentic.

23. The rates should be inclusive of all statutory payments except Service Tax &

Educational Cess, if any. 24. The successful tenderer will have to execute an agreement with Bharat Petroleum

Corporation Limited covering all aspects of the contract in the prescribed format immediately before commencement of work. Intending tenderers should acquaint themselves with the provision of the agreement before sending the tenders.

25. The successful tenderer will abide by all rules, regulations, and status imposed by

Government or other concerned authorities. Tenderer will be responsible for

workmen's compensation and other requirements for housing of any other amenities and site facilities, such as water, power required by their Contractor's crew and shall provide them at his own cost and risk. Any casualty or damage

caused by any untoward incident during the execution of work will be at the entire risk and cost of the Contractor.

26. The successful tenderer shall have trained representative at the site throughout

the execution of the work. Tenderer has to nominate a Supervisor for the work.

All the workmen should have their antecedent verification cleared by the Competent Authority.

27. Once the quotation is accepted and work awarded, the rates would be valid for the entire contract period.

28. Before finalizing the contract, tenderers may be invited, at short notices also, for discussions / clarifications / negotiations / verification of documents, if required


entirely at the cost of the tenderers, in respect of their quotations without any commitment from the Corporation.

29. The Tenderer is advised to visit the sites of work and locality to have an idea of

the prevailing conditions before quoting for this work and it will be deemed that

he has done so, for all practical purposes.

30. Corporation reserves the right to

a) Negotiate with any or all tenderer‟s as considered necessary. b) To divide the work among the tenderers in the manner considered suitable by

the Corporation.

31. No guarantee is extended for the quantum of work at any of the ports under this

Contract. Corporation reserves the right to give the part job (any ports) to any

other party if job is not found satisfactory and cost will be recovered from the successful tenderer‟s bills with penalty. The penalty so imposed will be at the

sole discretion of the Corporation. 32. Termination:

Upon the occurrence of any of the following events (“Event of Default”), both the Parties shall have the rights as set forth in this Article:

a. The occurrence of any of the following events : (A) the passing of a

resolution by the shareholders of a Party for the winding up of Party; (B)

the voluntary filing by any Party of a petition of bankruptcy, moratorium,

or other similar relief; (C) the appointment of a provisional liquidator or

administrator in a proceeding for the winding up of any Party after notice

to Party and due hearing, which appointment has not been set aside or

stayed within 90 days of such appointment; or (D) the making by a court

with jurisdiction over any Party of an order winding up any Party that is

not stayed or reversed by a court of competent authority within 60 days;

b. Any material statement, representation, or warranty by any Party in this

Agreement proving to have been incorrect, when made and such

incorrect statement, representation, or warranty having a material adverse

effect on Party‟s ability to perform its obligations under this Agreement;

c. The dissolution or liquidation of a Party except for the purpose of a

merger, consolidation or other solvent restructuring that does not affect

the ability of the resulting entity to perform its obligations under this

Agreement and such resulting entity expressly and effectively assumes the

obligations of the Party under this Agreement to the reasonable

satisfaction of the other Party.

d. Repudiation of this Agreement by a Party;


e. Failure to make any payment or payments required to be made to the

other Party under this Agreement within fifteen days after the due date

for such payment, which shall constitute a material breach;

f. Any material breach by a Party which is not remedied within 15 days of

receiving written notice from other Party specifying the breach.

Upon the occurrence of the events described above, unless such Event of Default has been remedied, either Party shall be entitled to

terminate this Agreement by giving a notice of 30 days. Substituted Performance. In the event that BPC issues a notice of

termination based upon a default in performance or payment by Tenderer, BPC shall have no objection to any Financing Party stepping in and discharging Tenderer‟s outstanding obligations by

payment or performance to cure such default. Either Party may terminate this agreement by giving at least three

months written notice to that effect without any reason. Effect of Termination:

Any termination of this Agreement under this Article shall be without prejudice to any rights and remedies of the non-defaulting Party arising hereunder with respect to a breach of this Agreement, including the right of the non-defaulting

Party to be put in as good a position as it would have been had the Agreement not been breached and terminated.

33. FORCE MAJURE:

In the event of either Party being rendered unable, wholly or in part, by Force Majeure, to carry out its obligations under this Agreement, other than buying Party‟s obligations to make any payment coming due hereunder, it is agreed that

upon such Party giving notice and full particulars of such Force Majeure, in writing, to the other Party as soon as reasonably possible after the occurrence of the cause relied on and in any event within forty eight hours therefrom, the

obligations of such Party giving such notice, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall, as far as reasonably

practicable, be remedied with all reasonable dispatch.

As used herein, the term “Force Majeure” means any event or circumstance or combination of events and circumstances that materially and adversely affect the performance of either Party of its obligations pursuant to the terms of this

Agreement (including by preventing, hindering, or delaying such performance), but only if and to the extent that such events and circumstances are beyond the Affected Party‟s control and were not foreseeable. The term “Force Majeure” may


include, among others, the following events and circumstances to the extent they satisfy the foregoing definition: acts of God, strikes, lockouts or other industrial

disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of government or people, explosions, breakdown of or accident to

machinery, equipment or process units, and valid rules, regulations and orders of governments or governmental agencies.

It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty and that the above

requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing Party when such course is inadvisable in the discretion

of the Party having the difficulty. The Party giving notice of Force Majeure shall promptly give notice in the same

manner as set forth above upon termination of such Force Majeure event. 34. REPRESENTATIONS & WARRANTIES:

Existence and Authority: Each Party represents and warrants to the other that the execution, delivery, and performance by it of this Agreement are within its

powers, have been duly authorized by all necessary action, and do not contravene its certificate or articles of incorporation or by-laws or any law or applicable requirement of any Government Agency.

Approvals: Each Party represents and warrants to the other that no

authorization or approval or other action by, and no notice to or filing with, any Government Agency is required for the due execution, delivery, and performance of this Agreement or for the validity or enforceability thereof, except for those

approvals and authorizations that have been obtained or that are required from time to time after the Effective Date and are customarily received in the ordinary course of business. Each Party further represents and warrants that it has no

reason to believe that such authorizations or approvals will not be granted in the usual course prior to the date required by Applicable Law.

Binding Effect: Each Party represents and warrants to the other that it has full power and authority to execute, deliver, and perform its obligations under this

Agreement and this Agreement constitutes the legal, valid, and binding obligation of that Party enforceable against it in accordance with its terms

35. Indemnification

CONTRACTOR: Except as expressly provided in this Agreement CONTRACTOR shall forgo all claims against BPC for and shall hold harmless and indemnify BPC

against any and all liability in respect of any of the following insofar as caused by or arising in the course of performance or purported performance of this


Agreement (whether or not involving the negligent act or omission of BPC, its directors or other officers, employees, agents, contractors, or sub-contractors)

namely:

any death or injury of any officer, employee, agent, contractor or sub-

contractor of CONTRACTOR;

any physical loss or damage (and any loss directly associated with or arising from such loss or damage); or

any death or injury of any third Party or damage to the property of any

third Party occurring on or as a result of an accident and CONTRACTOR shall hold harmless and indemnify BPC from and against any and all costs,

damages or expenses whatsoever incurred by CONTRACTOR in respect of any claims, demands, proceedings or causes of action arising from such death, injury, loss or damage.

(b) BPC: Except as expressly provided in this Agreement BPC shall forgo all

claims against CONTRACTOR for and shall hold harmless and indemnify CONTRACTOR against any and all liability in respect of any of the following insofar as caused by or arising in the course of performance or purported

performance of this Agreement (whether or not involving the negligent act or omission of CONTRACTOR, its directors or other officers, employees,

agents, contractors or sub-contractors) namely:

any death or injury of any officer, employee, agent, contractor or sub-

contractor of BPC; any death or injury of any third Party or damage to the property of any

third Party occurring on or as a result of an accident involving any of BPC‟s facilities or any facilities of BPC‟s customers or facilities involved in the receipt, handling, transportation, or storage of the Products, and BPC shall

hold harmless and indemnify CONTRACTOR from and against any and all costs, damages, or expenses whatsoever incurred by CONTRACTOR in respect of any claims, demands, proceedings or causes of action arising

from such death, injury, loss or damage.

36. Assignment

This Agreement shall ensure for the benefit of the Parties and their successors and permitted assigns. Neither Party may sell, transfer or assign its rights or duties under this Agreement or its interest in this Agreement to any other person except with the prior written approval of the other Party; provided, however, that either Party may, without the written approval of but with prior written Notice to the other Party, assign its rights under this Agreement to, and/or create a security interest in this Agreement in favor of, the Financing Parties and/or their nominees in connection with financing of the assigning Party‟s facilities, and such other Party shall provide acknowledgements of any such security, opinions of counsel, and other documents as the assigning Party may reasonably request or as may be required in connection with such security or assignment. Any assignment of this


Agreement in violation of this Article shall be void. The term “Financing Parties” shall mean Indian financial institutions, Scheduled Banks in India, international banks and financial institutions, and, in the event of a capital markets offering, the nominees, trustees, and agents appointed to act on behalf of holders of such instruments offered by such assigning Party.

37. Confidentiality:

Each Party shall maintain in confidence in accordance with the standards of care and diligence that it utilizes in maintaining its own confidential information the

terms of this Agreement and any information supplied or obtained by a Party pursuant to the terms hereof. Notwithstanding the preceding sentence, either Party may disclose information that would otherwise be confidential to the extent

required by law in the opinion of legal counsel to the disclosing Party.

38. Severability: The invalidity, illegality or unenforceability of any of the terms of this Agreement

in any respect shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement. The Parties shall make all reasonable endeavors to agree as far as possible that invalid terms shall be amended or

replaced by valid terms with a similar effect in order to maintain the purpose and continuity of this Agreement and till the amendments are carried out, such invalid terms will be inoperative in relation to the rights and obligations of the Parties

under this Agreement.

39. Change in Law: The Parties undertake that, should the Government of India make any Change in

Law and/or issue any directive in respect of any provision or matter included in this Agreement and applicable to oil industry generally, at any point of time, the

Parties shall implement the same and amend the present Agreement accordingly or execute such supplementary agreements, as may be required to effect such changes.

40. No Waiver: No delay or omission on the part of either Party in exercising any right, power or remedy provided by law or under this Agreement, nor any indulgence granted by

any Party to any other Party, shall impair such right, power or remedy, or be constructed as a waiver thereof, nor shall the single or partial exercise of any right, power or remedy provided by law or under this Agreement preclude any

other or further exercise thereof or the exercise of any other right, power or remedy.

41. Cumulative Rights:

Except as expressly provided herein, the rights, powers and remedies provided in this Agreement are cumulative and not exclusive of any rights, powers and remedies provided by law.


42. Entire Agreement: This Agreement along with the documents referred to therein and other

agreements, if any, entered into contemporaneously with this Agreement constitute the entire agreement of the Parties with respect to the subject matter of this Agreement. Each of the Parties hereby acknowledges that, in entering into

this Agreement it has not relied on any representation or warranty save as set out expressly herein or in any document referred to herein.

43. Amendment; Waiver:

No variation of or amendment to any of the terms of this Agreement shall be effective unless it is in writing and signed by or on behalf of each of the Parties and no waiver of any terms hereof shall be effective unless it is in writing and

signed by the Party against whom such waiver is sought to be enforced.

44. Relationship: Nothing in this Agreement shall constitute or be deemed to constitute the

relationship of principal and agent or of a partnership between the Parties and neither of them shall have any authority to bind the other in any way or for any

purposes.

45. Counterparts: This Agreement may be executed in counterparts simultaneously, each of which

shall be an original, but all of which shall constitute a single instrument.

46. Interpretation: Unless the context requires otherwise, in this Agreement:

(a) the headings are for convenience only and shall be ignored in construing this Agreement;

(b) the singular includes the plural and vice versa;

(c) references to Articles, and Annexures are, unless the context otherwise requires, references to Articles, and Annexures to, this Agreement;

(d) in carrying out its obligations and duties and exercising its rights under this

Agreement, each Party shall have an implied obligation to act in good faith;

(e) the word “including” means “including without limitation”; and

(f) a day shall be a period of 24 hours commencing at 0400 hrs.; a week shall

commence on each Sunday, a month shall be a calendar month; a quarter shall be a calendar quarter; and a year shall be a calendar year.

47. ARBITRATION:


Any dispute of difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of the Corporation against the contractor or regarding any

right liability act, omission or account if any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of Director (Marketing) of Bharat Petroleum Corporation Limited (BPCL) or some Officer of

the Corporation, who may be nominated by Director (Marketing) of BPCL.

The contractor will not be entitled to raise any objection to any such arbitrator on

the ground that the arbitrator is an officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an officer of the Corporation be had expressed views on all or any other

matters in dispute or difference.

In the event of the arbitrator to whom the matter is originally referred being

transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or

inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the

arbitration proceeding notwithstanding his transfer or vacation of office as an Officer of the Corporation.

If the Director (Marketing) does not designate another person to act, as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left

by his predecessor. It is also a terms of this contract that no person other than the Director (Marketing) of the Corporation as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and

binding on all parties to the agreement subject to the provisions of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the

arbitration proceedings under this clause. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Corporation and he is a

share holder of the Corporation.

The award shall be made in writing and published by the Arbitrator within two

years after entering upon the reference or within such extended time not exceeding further twelve months as the sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given

their consent to the arbitrator to make and publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

The arbitrator shall have power to order and direct either of the parties to abide by observe and perform all such directions as the arbitrator may think fit having


regard to the matters in difference ie., dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary

as the arbitrator in his absolute discretion thinks fit and shall be titled to exercise all powers under the Indian Arbitrator and Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e.

dispute before him.

The parties against whom the arbitration proceedings have been initiated, that is

to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter-claim or set-off before the Arbitrator in respect of any matter in issue arising out of or in relation to the agreement without seeking a formal

reference of arbitrator to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and

deemed to form part of the reference made by the Director (Marketing).

The arbitrator shall be at liberty to appoint, if necessary any Accountant or Engineering or other Technical person to assist him and to act by the opinion so taken.

The arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled

to make separate awards in respect of claims or cross-claims of the parties.

The arbitrator shall be entitled to direct any one of the parties to pay the costs of

the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever

called on to do so.

The parties hereby agree that the courts in the city of Mumbai shall have

jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the sole

arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only.

(B) VALIDITY OF OFFER / TENDER:

1. Offers should be valid for acceptance within a period of 180 days from the due date of the tender. Once the tender is accepted and work awarded, the rates shall be valid for the entire contractual period. No Tenderer will be allowed either to withdraw or

revise these offers after the last date of receipt of quotation.


2. Any offer containing variation from our terms and / or counter condition is liable to be rejected.

3. Corporation reserves the right to accept or reject any or all tenders in whole or in

part, at their sole discretion, without assigning any reason or to negotiate with any or

all tenderers as considered necessary. Acceptance of the offer by the tenderer shall be valid only when advised by the Corporation in writing to the concerned successful tenderer.

(C) SECURITY DEPOSIT:

1. Successful tenderer would be required to submit Security Deposit of stipulated

amount within 15 days of acceptance of offer by the Corporation.

2. The Security Deposit is payable equal to 10% of the contract value by DD drawn in

favour of Bharat Petroleum Corporation Ltd. However Corporation at its discretion may accept Bank Guarantee for an equivalent amount from any Scheduled Bank as per the draft enclosed in the Tender Form.

3. Bank Guarantee shall be unconditional, without demur and can be invoked on

presenting to the issuing bank.

4. Bank Guarantee should be submitted in the prescribed format and shall be valid for

at least 6 months after the proposed date of expiry of the Agreement.

(D) PERIOD OF CONTRACT:

The contract shall be for a period of ONE YEAR (with effect from 28.10.2015) only with an option at the Corporation‟s sole discretion to extend the same by ONE MORE

YEAR at the same rates, terms and conditions. The extension shall be on the basis of satisfactory performance. However, Corporation reserves the right to terminate

this contract by giving one month advance notice without being liable to give any reason or pay any compensation.

(E) COMMENCEMENT OF WORK:

1. Successful tenderers before undertaking the work would be required to submit a Security deposit as stated above and execute enter into an agreement with Bharat Petroleum Corporation Ltd., on Rs.100/- Stamp Paper within 15 days from the date

of award of business / Acceptance of offer failing which, the EMD submitted by the Tenderer shall be forfeited and the letter of award shall be cancelled without giving


further notice. The format of the agreement is enclosed Annexure – V. The terms and conditions stipulated in the agreement forms part of the tender.

2. Whenever there is duplication of clause either in the terms and conditions or in the

agreement, the clause, which is beneficial to the corporation i.e. Bharat Petroleum

Corporation Ltd. will be considered applicable at the time of any dispute.

3. In case of vessel agent job needs to be done at any new port not mentioned in the

list of ports, the same will have to be done by the successful tenderer and the rate will be mutually finalized basis rates for other similar ports.

4. In case any of the existing ports are having local contract at Regional Level / Location level, the successful tenderer will be awarded for such ports only after the expiry of such local contract(s).

5. No unsolicited correspondence / queries will be entertained while the award of

business is under consideration. Corporation inviting tender regrets their inability to answer individual queries.

(F) PAYMENT OF BILLS:

1. Payment of Bills shall be made within 30 days from the date of submission of bills at the end of each month. Necessary TDS at the prevailing rate will be deducted.

2. Payment to the contractor through Electronic Clearing System (ECS) can be

made, subject to agreement by representative banks of BPCL and Contractor

as per the existing system I / We have read the above Terms & Conditions and submit our quotation, taking into

account all the conditions.


ANNEXURE - 3

TENDER NO: BPCL/LPG/LOGS/TANKER AGENCY/2015-17 FOR TANKER AGENCY CONTRACT FOR BPC’s TIME CHARTERED LPG VESSELS AT ALL THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY.

BROAD OUTLINES

The broad outlines of the agency work which has to be performed by tanker agents are as under:

1. Entering / clearing the BPCL Time Chartered LPG vessels with customs and Port Authorities including Government Shipping Office formalities, filling of shipping bills, bills of entry, import / export general manifest which should also

cover bunkers, stores, provisions, etc. on board the vessel on arrival and departure from the Port.

2. Liaison with BPCL Head Office / BPCL Regional Office / BPCL Local Office at Port Location / receiving port terminal regarding tanker movement on BPCL

account, including ETA / ETD for vessels calling at the Ports.

3. Liaison with Ports for berthing / deberthing of BPCL time chartered LPG

vessels, including arrangements for supply of bunkers / fresh water, etc. on BPCL account with clearance of our Location-in-charge at the Port.

4. Collection of bills/demands for payment of Port dues / Wharfage / Light House dues, Oil Pollution Cess or any other statutory dues and submission of the same to BPC for issuance of cheques / e-payment by BPC against the said

payment for final delivery to the Port Authorities by the agents.

5. Arrange to take inventories of bunkers / stores / provisions, etc. whenever

required at the time of conversion of the vessel from foreign to coastal and recon version from coastal to foreign. Finalization of the Bills of Entry along with the inventory list (Conversion/reversion) and submission of the paid bill of

entry along with the inventory list (Conversion/reversion) to BPC to enable BPC to claim duty against Ship‟s stores from the Ship Owners.

6. In conjunction with Port Authorities, arranging expeditious berthing / shifting

of vessel and on completion of loading / discharge, arranging expeditious

deberthing of the vessel for sailing. 7. To obtain permission from Customs / Port for slop discharge by vessels and

ensure that slop is discharged as planned.


8. All payments towards Priority vessel berthing charges, Port dues, ILH dues and other port charges etc. that are to be incurred will be directly debited to

BPC deposit account with Customs / Port Trust authorities as the case may be.

9. In case of following vessels also where tanker agent may be different, as a

special case tanker agency under this contract should take signatures of customs officials on BPC tanker documents / Bill of Entry & other customs related documents provided by BPC.

10. Handling of voyage license and any other documents required in respect of

movement of the vessel.

11. Agents will be responsible for obtaining landing Certificate from Customs

Authorities within a period of 15/30 days.

12. Any other work connected as per normal practice to be performed by Agents

in co-ordination with our Port Locations / Regional Office / Head Office like advising ETA/cargo details on receipt from Master of vessels or any other source from time to time with complete product wise cargo details with

quantity, arranging port clearance etc. and to make necessary berthing arrangement/bunker/water requirement if any.

13. Supply of fresh water and bunkers must be ensured so that the tanker‟s turnaround performance is not affected for want of fresh water/bunkers.

14. It is the responsibility of the Agents to collect all necessary documents and hand over to the Master & Port Locations as advised by locations from time to time.

15. Whenever fresh water supplies were not effected / partially affected to our

time chartered LPG vessels, with respect to payment in advance agent should

follow up with the concerned port officials for immediate refund of the unused payment to BPC.

16. The lump sum agency fees (in INDIAN RUPEES) may be quoted port wise and

should cover ports at Kandla, Sikka, Porbandar, Pipavav, Dahej, JNPT,

Mumbai, Mangalore, Tuticorin, Ennore, Vizag and Haldia. Quotation received for only few of the ports will not be considered.

17. To ensure better co-ordination BPCL prefers a single agent for handling vessels at all our LPG handling ports and, the agents should have office/experienced staff at these ports.

18. The lump sum agency fees (in INDIAN RUPEES) quoted should be per vessel

berthing for each port in the Country for the particular voyage.


19. The lump sum agency fees (in INDIAN RUPEES) quoted should be inclusive of

all incidental charges / work connected with the main work (i.e. inclusive of conveyance charges / stamps paper fees / telephone charges etc).

20. The firm should have operating Account with any one of the scheduled banks. Bank reference should be furnished.

21. In the event of breach of the contract, of any terms of the contract, or if in the opinion of the Corporation, the performance of the Agent is not found to be satisfactory or if the Corporation has any other reasons to believe that the

Agent is not carrying out the Agency work to the best advantage of the Corporation, the Corporation shall be free to terminate the Agent without notice and without prejudice to the claims of the Corporation against the

Agents for damages and the Agents shall have no claims against the Corporation for any compensation for such termination.

22. While the above is only a broad line at the work to be executed by the agents,

it should cover all other duties connected with the Agency work, as per normal

practice and all aspects contributing towards smooth and speedy turnaround of the vessels.

23. The entire job is to be considered as a single job. The tender will be finalized on the entire job basis. BPCL wants the same agent to attend to our LPG vessels at all the ports.

24. Agents shall act on behalf of the Corporation as per Corporation‟s standard

agreement as their agent for corporation‟s chartered/sub-chartered vessels by

exercising their utmost efforts in their power in order to safeguard and promote the interest of the Corporation (BPC).

25. The Tenderer should strictly meet the following conditions:

a) Sub-agent not permitted: The tenderer will not be permitted to appoint any sub-agent at any of the above ports for handing BPC charter vessels.

b) No third party dealing: All dealings of the Corporation, such as settlement of payments, communications etc. will be directly with the successful tenderer only. The tenderer under no circumstances shall be

allowed a third party on their behalf to deal with the Corporation for any purpose whatsoever.


CONVERSION FROM FOREIGN TO COASTAL RUN:

26. Obtaining conversion permission from customs, filing of Bill of Entry, assessment audit, arranging duty payment for bunkers consumed during coastal voyage, drawing samples from bunker tanks of vessel and arrange for

their testing at authorized lab, arranging final assessment and closing of file after reversion, informing Immigration authority/PHO, incurring all incidental expenses for successful execution of the job.

REVERSION FROM COASTAL TO FOREIGN RUN:

27. Obtaining permission from customs for reversion of vessel, certification of

bunker quantities by customs, forwarding documents to reversion port for

finalizing assessment, informing Immigration authority/PHO and other connected jobs incurring all incidental expenses for successful execution of the

job. 28. Arrange to take inventories of bunkers, fresh water, stores, provision etc.

whenever required at the time of conversion of vessel from foreign to coastal run and reversion from coastal to foreign run. Finalization of the Bills of Entry alongwith the inventory list (conversion/reversion) and submission of the paid

bill of entry alongwith the inventory list (conversion/reversion) to BPC to enable BPC to claim duty against ship‟s stores from the ship owners.

Your quotation in the prescribed rate schedule along with other documents duly signed / stamped submitted online on our website https://bpcleproc.in shall only be accepted.



ANNEXURE - 4

TENDERER’S DECLARATION DETAILS OF RELATIONSHIP WITH BPCL / KRL / NRL / BORL DIRECTOR ETC.

Tenderer should furnish following details in the appropriate part based on their organizational structure.

Organizational Structure Part of the form applicable

Sole Trader Declaration-A

Partnership Declaration-B

Company Private / Public Declaration-C

Organization Structure-All organizations Declaration-D

Declaration – A

(APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)

1. Name of tenderer

2. Address a. Residence

b. Office 3. State whether tenderer is related to any Director (s) of

BPCL / KRL / NRL / BORL Yes/No*

4. If „Yes‟ to 3, state the name of BPCL/KRL/NRL / BORL‟s Director and Tenderer Relationship with him / her.

*Strike out whichever is not applicable. PLACE: DATE:

(NAME & ADDRESS OF THE TENDERER WITH SEAL)


Declaration-B

(APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)

1. Name of the Partnership firm responding to the tender 2. Address

3. Name of Partners

4. State whether any of the partners is a Director to BPCL/KRL/NR/BORL Yes/No* 5. If „Yes‟ to 4 state the name(s) of BPCL / KRL/ NRL/BORL‟s Directors

6. State whether any of the partners is related to any of the Director(s) of the BPCL / KRL / NRL/BORL‟s Directors Yes/No*

7. If „Yes‟ to 6, state the name(s) of BPCL / KRL / NRL/BORL‟s Directors and the

concerned partner‟s Relationship with him / her.

* Strike out whichever is not applicable. PLACE: DATE:



Declaration – C

(APPLICABLE WHERE THE TENDERER IS A PUBLIC / PRIVATE LTD. CO.)

1. Name of the Company responding to the tender

2. Address of:

Registered Office

Principal Office

3. State whether the Company is a Pvt. Ltd. Co. or Public Ltd., Co. Yes/No*

4. Names of Directors of the Company

5. State whether any of the Directors of the Tenderer‟s Company is a Director of

BPCL/KRL/NRL/BORL‟s. Yes/No* 6. If „Yes‟ to (5) state the name(s) of BPC/KRL/NRL/BORL‟s Directors State

whether any of the Director of the Tenderer Company is related to any of the Director‟s of BPCL/KR/NRLBORL‟s. Yes/No*

7. If „Yes‟ to (7) state the name(s) of BPCL / KTL / NRL / BORL‟s Director‟s (of the Tenderer Co.) relationship with him /her.

* Strike out whichever is not applicable. PLACE: DATE:



Declaration – D

Tenderer is required to state whether they have employed any retired

Director and above rank officer of BPCL / KRL / NRL / BORL in their firm.

If so, details hereunder to be submitted. 1. Name of the person :

2. Post last held in BPCL/KRL/NRL/BORL :

3. Date of retirement :

4. Date of employment of the firm :

PLACE:

DATE: (NAME & ADDRESS OF THE TENDERER WITH SEAL)

NB:

1. A separate sheet may be attached, if the above is not sufficient.

2. Strike out whichever is not applicable. If the Tenderer employs any person

subsequent to signing the above declaration and the employee/s so

appointed happen to be the near relatives of the Officer / Director of

BPCL/KRL/NRL/BORL Central/State Governments, the Tenderer should

submit another declaration furnishing the name/s of such employee/s who is

/are related to the officer / s of BPCL / KRL/ NRL/ BORL / Central / State

Government

Signature:______________________

Full Name:______________________ (Signed as Proprietor/Partner/Director)

PLACE:

DATE:



ANNEXURE - 5

MEMORANDUM OF AGREEMENT

TENDER NO: BPCL/LPG/LOGS/TANKER AGENCY/2015-17 FOR TANKER

AGENCY CONTRACT FOR BPC’s TIME CHARTERED LPG VESSELS AT ALL THE LPG BULK DISPORT LOCATIONS IN THE COUNTRY.

Memorandum of Agreement MADE THIS _________day of ______________2015 between M/s BHARAT PETROLEUM CORPORATION LIMITED, a Company

registered under the Companies Act of 1956 and having its Registered Office at Bharat Bhavan, Ballard Estate, Currimbhoy Road, Mumbai – 400 001 (hereinafter called the “Corporation”) of the one part and M/s. ________________________

carrying on business in the firm name and style of __________________________________________________ at

___________________________________________________ (hereinafter called “the Contractor”) of the other part.

WHEREAS the contractor/s is/are desirous carrying out the work of Tanker Agency for the Corporation AND WHEREAS the Corporation has agreed to appoint the Contractor/s upon the terms and conditions hereinafter recorded NOW THIS

AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows :-

1. That the Contractor/s will provide all the equipments and the manpower

required for carrying out the work assigned to them (as detail in schedule

of work, by the Corporation under this contract) 2. Period of this agreement is with effect from ______________ to

____________(i.e. the date of completion of one year from commencement) with an option for the Corporation to extend the contract

by one more year. The extension shall be for one year only on the basis of satisfactory performance of the Contractor/s. However, the Corporation reserves the right to terminate the appointment at any time during the

original or the extended tenure of the appointment after giving one month‟s notice in writing to Contractor/s without assigning any reasons.

3. The Contractor/s Steamer Agent Licence Number is _______ issued at _______.

4. The Corporation shall pay to the Contractor/s for the performance of the work on lump sum fees per vessel basis. The rates finalised will be firm for


the entire contractual period. No escalation will be granted in the finalised lump sum fees per vessel during the contract period.

5. The Contractor/s shall submit to the Corporation bills by a stipulated date

or within two months whichever is earlier and in the form prescribed by the

Corporation for payment at Corporation‟s office duly certified by the location to which the Contractors is/are attached. Bills submitted after two months from the date of completion of job will be rejected.

6. The rates specified in the schedule attached hereto will apply under all

working conditions and the Contractor/s will not be entitled to any extra

allowance during the currency of the contract.

7. The broad outlines of the agency work which has to be performed by

tanker agents are as under:

a) Entering / clearing the BPCL Time Chartered LPG vessels with customs and Port Authorities including Government Shipping Office formalities, filling of shipping bills, bills of entry, import / export general manifest

which should also cover bunkers, stores, provisions, etc. on board the vessel on arrival and departure from the Port.

b) Liaison with BPCL Head Office / BPCL Regional Office / BPCL Local Office at Port Location / receiving port terminal regarding tanker movement on BPCL account, including ETA/ETD for vessels calling at the Ports.

c) Liaison with Ports for berthing / deberthing of BPCL time chartered LPG

vessels, including arrangements for supply of bunkers / fresh water, etc.

on BPCL account with clearance of our Location-in-charge at the Port.

d) Collection of bills/demands for payment of Port dues / Wharfage / Light

House dues, Oil Pollution Cess or any other statutory dues and submission of the same to BPC for issuance of cheques / e-payment by BPC against

the said payment for final delivery to the Port Authorities by the agents.

e) Arrange to take inventories of bunkers/stores/provisions, etc. whenever

required at the time of conversion of the vessel from foreign to coastal and recon version from coastal to foreign. Finalization of the Bills of Entry along with the inventory list (Conversion/reversion) and submission of the paid

bill of entry along with the inventory list (Conversion/reversion) to BPC to enable BPC to claim duty against Ship‟s stores from the Ship Owners.

f) In conjunction with Port Authorities, arranging expeditious berthing / shifting of vessel and on completion of loading / discharge, arranging expeditious deberthing of the vessel for sailing.


g) To obtain permission from Customs/Port for slop discharge by vessels and

ensure that slop is discharged as planned.

h) All payments of Port dues, ILH dues and other port charges etc. that are to

be incurred will be directly debited to BPC deposit account with Customs/Port Trust authorities as the case may be.

i) To obtain permission from Customs/Port for slop discharge by vessels and ensure that slop is discharged as planned.

j) In case of following vessels also where tanker agent may be different, as a special case tanker agency under this contract should take signatures of customs officials on BPC tanker documents / Bill of Entry & other customs

related documents provided by BPC.

k) Handling of voyage license and any other documents required in respect of movement of the vessel.

l) Agents will be responsible for obtaining landing Certificate from Customs Authorities within a period of 15/30 days.

m) Any other work connected as per normal practice to be performed by Agents in co-ordination with our Port Locations / Regional Office / Head Office like advising ETA/cargo details on receipt from Master of vessels or

any other source from time to time with complete product wise cargo details with quantity, arranging port clearance etc. and to make necessary berthing arrangement/bunker/water requirement if any.

n) Supply of fresh water and bunkers must be ensured so that the tanker‟s

turnaround performance is not affected for want of fresh water/bunkers.

o) It is the responsibility of the Agents to collect all necessary documents and

hand over to the Master & Port Locations as advised by locations from time to time.

8. The Contractor/s will not be permitted to appoint any sub-agent at any of

the above ports for handling BPC charter vessels.

9. That the compliance of all Government Rules and Regulations regarding

employment and working conditions of personnel, including various statutory facilities shall be provided for by the Contractors. The


Contractor/s will be responsible for any rules for non compliance of any such Rules.

10. The Contractor/s shall maintain all records as required under the Factories

Act/Payment of Wages Act/ Workmen‟s Compensation Act/Employee State

Insurance Act or any other Acts in force at that time. These records will be open for inspection by the Corporation‟s representative as and when required.

11. a) The Contractor/s shall ensure that no amount by way of commission or

otherwise is deducted or recovered from the wages of the workmen employed by him and that the wages shall be paid by the contractor/s to the workmen directly without intervention of any person.

b) The Contractor/s shall introduce the Provident Fund Scheme to the

Workmen employed by him, if so required by law as envisaged by the provisions of Employees Provident Fund Act or any statutory modification and / or enactment of the said statutes and / or rules

framed therein. c) The Contractor/s shall duly introduce the contributory scheme for the

employees under him if so required by law as envisaged by the provisions of the Employees State Insurance Act.

d) The Contractor/s shall observe and implement all the laws of the land and the rules framed there under which are beneficial to the workmen employed by him / them and that the Corporation shall, in no event, be

liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Contractor/s and that the Contractor/s shall indemnify and keep indemnified the Corporation

against the same and from all proceedings in respect thereof.

e) The Contractor/s shall also be solely responsible for any breach or contravention of all the Labour Laws, Rules, regulations or by – laws passed or made by the Central and / or State Governments and / or

other authorities as may be applicable from time to time the workmen employed by him, directly or indirectly, without prejudice to the generality of the foregoing, the concerned authorities respectively

appointed under the payment of Wages Act, Shop and Establishments Act, Factories Act and the Workmen‟s ( Regulation of Employment and conditions of Service) Act, 1979; Contract Labour (Regulation and

Abolition ) Act, 1979 or any statutory Rules framed there under and the Corporation shall not be responsible in any manner for any liability arising out of the non-compliance by the Contractor/s for the same.


f) Officers of the Corporation shall have the right at its discretion at any

time and from time to time, to make inspection of all the records maintained by the Contractor/s and in this regard make such enquiries as it may deem fit for ensuring the strict compliance of the Minimum

Wages Act, 1948: Payment of Wages Act or any statutory modification and / or enactment of the said statutes of rules there under by the Contractor/s.

g) The Contractor/s shall implement various standards drawn by Indian

Standards Institution (ISI) on the subject of safety of workmen and

faithfully implement the same for the benefit of the workers employed by him during the course of performance of the contract wherever applicable.

h) The Contractor/s shall pay E.S.I.S. contribution (Employees) and shall

be responsible for recovery and remittance of employees‟ contribution. The contractor/s shall maintain all records as stipulated under E.S.I.S. Act.

12. The Contractor/s will be liable for any loss or damage to the Corporation,

Corporation‟s employees, Contractor‟s employees or to any third party

resulting from fire, leakage, negligence, explosion, accident or any other cause in carrying out the work assigned to them and the contractors shall indemnify and keep the Corporation indemnified for such amount as the

Corporation may be called upon by law to pay. All labour, workmen and persons employed by the Contractor/s shall not be on account of the Corporation and shall deemed to be the contractor‟s own labour so that no

service conditions, payment liability in respect of such persons would be attached to the Corporation and the Contractor/s will have to indemnify the Corporation against the same.

13. The Contractor/s shall at his own cost employ persons during the period of

Contract and all the persons so appointed shall not be not be construed under any circumstances to be in the employment of the Corporation.

14. That the Contractor/s agrees to employ competent and efficient employees

and operators to ensure that the work is done correctly. Any loss caused

on account of Contractor/s employee‟s negligence or any other subagent/s including road transport employed by him, theft default or any commission or conduct shall be made good by the Contractor/s. Contractor‟s

employees and representatives inside the Corporation‟s Terminal / Installation / Depot should confirm to the Corporation‟s Working rules.

15. In the event of the Contractor‟s failure to carry out the work assigned to them within a reasonable time, Contractor/s shall be liable to make good


the Corporation any expenses that may be incurred by the Corporation in making other arrangements for carrying out the work.

16. The Contractor/s shall be responsible for and shall pay any compensation to

their employee‟s payable under the Workmen‟s Compensation Act, 1923

and 1933 and the amendments thereto, for the injuries caused to the workmen. The Contractor/s shall be responsible for any pay the expenses for providing medical treatment to any employees who may suffer any

bodily injury as a result of any accident. The Contractor/s shall keep the Corporation indemnified against the same and from all proceedings in respect thereof. In every case in which by virtue of the provisions Section

12, Sub- Section (1) of the Workmen‟s Compensation Act, 1923, the Corporation is obliged to pay compensation to workmen employed by the Contractor/s in execution of works, the Corporation will recover from the

Contractor/s the amount of compensation paid and without prejudice to the rights of the Corporation under Section 1, sub-section(2) of the said

act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due to the Corporation to the Contractor/s whether under this contract or

otherwise. The Corporation shall not be bound to contest any claim made against it under Section 12, sub-section (1) of the said Act except on the written request of the contractor/s and upon his giving to the Corporation

full security for all costs for which the Corporation might become liable in consequence of contesting such claim.

17. Any statutory liabilities arising out of this agreement for which Contractor/s becomes liable will be honoured by the Corporation even after the expiry of agreement irrespective of the fact whether or not the Contractors continue

to represent their interest.

18. It is further agreed that for the expenses viz. Port dues, Dock Dues, Indian

Coastal Light dues and such other charges that are customarily payable by the Corporation in the Ports, the Corporation are to hand over to the

contractors the necessary letter of authorization to the respective authorities for customary debits in their (Corporation) deposit accounts wherever such deposit accounts exist. In case deposit accounts of

Corporation do not exist at any Port, the Corporation will make arrangements for e-payment to the Port, or make other suitable arrangements.

19. It is mutually agreed that in case of cash advance to the masters of vessels

for crew wages and/or stores purchase or any other account, such

amounts shall be advanced by the contractors only on receipt of written approval the from the Corporation Office.


20. Corporation and Contractor/s agree that the transport expenses incurred by

the Contractor/s in attending the vessels are included in the consolidated handling fees per vessel per call per port and there no additional conveyance charges on land will be claimed by the Contractor/s and paid

by the Corporation as given in the schedule.

21. The Contractor/s shall perform all the customary duties connected with the

tanker / vessel such as:

i) Entering/Clearing the vessel with Customs and Port authorities

including filling of Bill of Entry for cargo (LPG), bunkers, stores, provisions etc. whenever vessels are converted/reverted to foreign/coastal run, filling of import/Export General Manifests for

cargoes. Also applying to Custom/Port for overtime working in consultation with BPCL‟s representative whenever necessary.

ii) Arranging to take inventories of cargo (LPG), bunkers/stores

provisions etc. whenever required.

iii) In conjunction with Port Authorities, arranging expeditious berthing

/ shifting / deberthing of the vessel.

iv) Arranging fresh water as and when required by vessel.

v) Any other work connected with efficient handling of the vessel as directed by the Port Installation / Regional Office / Head Office.

22. Whenever vessels are to be converted from foreign coastal run or vice-versa, the Corporation should address a letter directly to the Customs authorizing any duties/fines penalties for store, bunkers, provisions etc.

consumed during coastal run should be debited to the Corporation‟s deposit account with Customs directly and Contractor/s are not to be held

responsible for any disputes in the assessment of duty by the Customs or responsible for the duty between the Owner and the Corporation.

23. Guarantee for obtaining port clearance in advance before production of inward clearance certificate, no demand certificate and Indian Coastal Light Receipt and such other guarantees as are necessary are also to be

executed with the Customs and concerned authorities.

24. All the above guarantees mentioned are to be executed by the

Contractor/s and it is agreed that such guarantees are to be indemnified by the Corporation by a counter guarantee to the Contractors, wherever necessary.


25. In the event the Contractor/s fail to carry out the work assigned to them

within the time allotted or if the quality of work is found to be unsatisfactory, the Contractor/s shall be liable to make good to the Corporation any extra expenses that may be incurred by the Corporation in

making other arrangements for carrying out the work including damages, if any. If the said failure is due to reasons beyond the control of the contractor, the Contractor is not responsible.

26. Any goods on account of the Corporation in the Custody or power of the

Contractors at the time of termination of the appointment by afflux of time

or by notice or otherwise, howsoever, shall be handed over to the Corporation.

27. Notwithstanding anything herein above contained in the event of the Contractor being adjudicated insolvent or being a Company resolved or

ordered to be wound up, then in such an event this agreement shall automatically stand terminated and in the event of breach, default or violation of any of the terms hereof, of which the Corporation shall be the

sole judge and the Corporation shall be at liberty to terminate this agreement forthwith and without prejudice to all other rights, remedies and claims of Corporation under this agreement or otherwise in law

against the Contractor and the Contractor shall not be entitled to any claim for loss, compensation or damage arising out of any such early termination.

28. The Corporation reserves the right to award parallel contract/s without

giving any notice or prior intimation to the existing contractor/s.

29. Any goods on account of the Corporation in the custody or power of the

Contractor/s at the time or by notice or otherwise however shall be handed

over to the Corporation.

30. It is agreed that a Security Deposit / Bank Guarantee amounting to 10% of

contract value will be deposited with the Corporation during the tenure of

this agreement and the same shall be refunded to the Contractor/s at the expiry of this agreement due, if any. The security deposit / Bank Guarantee will be interest free.

31. For services rendered by Contractor/s, it is mutually agreed that the

Corporation shall compensate the Contractor/s with the handling fees as

per vessels call at ports as per schedule of rates enclosed.


16. ARBITRATION:

a) Any dispute or difference of any nature whatsoever, claim, cross-claim, counter-claim or set off the Corporation against the Contractor/s or regarding any right liability, act, omission on account of any of the parties

hereto arising out of or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Corporation or to some Officer of the Corporation who may be nominated by the Director

(Marketing). The Contractor/s will not be entitled to raise any objection to any such arbitrator is an Officer of the Corporation or that he has dealt with matters to which the contract relates or that in the course of his

duties as officer of the Corporation, he had expressed views on all or any other matters in dispute or difference. In the event of the Arbitrator to whom the matter is originally referred, being transferred or vacating his

office or being unable to act for any reasons, the Director (Marketing) as aforesaid, at the time of such transfer, vacation of office or inability to act,

may in the discretion of the Director (Marketing) designates another person to act as Arbitrator in accordance with the terms of the Agreement to the end and intent that the original Arbitrator shall be entitled to

continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Corporation. If the Director (Marketing) does not designate another person to act as Arbitration on

such transfer, vacation of office or inability or original Arbitrator, such person shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that

no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as Arbitrator hereunder. The award of the Arbitrator so appointed shall be

final, conclusive and binding on all parties to the Agreement subject to the provisions of Arbitration Act, 1940 or any statutory modification of re-enactment thereof and the rules made there under for the time being in

force shall apply to the arbitration proceedings under this clause.

b) The award shall be made IN WRITING AND PUBLISHED BY ARBITRATOR

within two years after entering upon reference or within such extended

time not exceeding further twelve months as the sole Arbitrator shall be writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and

publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

c) The Arbitrator shall have power to order and direct either of the parties to

abide by observe and perform all such directions as the Arbitrator may


think fit having regards to the matters in difference i.e. dispute before him. The Arbitrator shall have SUMMARY powers and any take such

evidence oral and / or documentary, as the Arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration Act 1940 including admission of any affidavit as

evidence concerning the matter in difference i.e. dispute before him. d) The parties against whom the Arbitration proceedings have been initiated,

that is to say, the Respondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim, or set off before the Arbitrator in respect of any matter in issue arising out of or in relation to the

Agreement without seeking a formal reference of Arbitration to the Director (Marketing) for such counter-claim or cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the

matters arising there from have been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

e) The Arbitrator shall be at liberty to appoint, if necessary, any accountant

or engineering or other technical person to assist him and to at by the

opinion so taken. f) The Arbitrator shall have power to make one or more awards whether

interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

g) The arbitrator shall be entitled to direct any one of the parties to pay the

costs of the other party in such manner and to such extent as the

Arbitrator may, in his discretion determine and shall also be entitled to require one or both parties to deposit funds in such proportion to meet the Arbitrator‟s expenses whenever called upon to do so.

h) The parties hereby agree that the Courts in the city of Mumbai alone shall

have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and any award or awards made by the sole Arbitrator hereunder shall be filed in the

concerned courts in the city of Mumbai of Maharashtra State only. 17. All terms and conditions detailed and covered under General Terms &

conditions and broad outline with tender documents as a whole form a part of this Agreement and will be binding.

IN WITNESS WHEREOF the parties have executed these presents on the day, month and year hereinabove mentioned.


SIGNED AND DELIVERED ON BEHALF SIGNATURE ……………..

OF (WITHIN NAMED CORPORATION) BHARAT PETROLEUM CORPORATION LTD NAME ……………………………

DESIGNATION ………………...

DATE ………………………….

IN THE PRESENCE OF WITNESS SIGNATURE ………………

NAME ……………………

DATE ……………………

SIGNED AND DELIVERED BY THE SIGNATURE …………… (WITHIN NAMED CONTRACTORS) M/S. (Signed as Proprietor/ Partner/Director)

DATE …………………..

IN THE PRESENCE OF WITNESS SIGNATURE …………….

NAME …………………..

DATE ……………………


ANNEXURE - 6

(On non judicial stamp paper of Rs.200/- only)

BANK GUARANTEE

1. In Consideration of Bharat Petroleum Corporation Limited having its registered

office at Bharat Bhavan, Ballard Estate, Currimbhoy Road, Mumbai – 400 001 hereinafter called "Corporation" ( Which expression shall include its successor in interest & assigns) from the demand under the terms and conditions of an

Agreement dated __________ made between __________ the Corporation ________________and the Tanker Agency _________ for (hereinafter called the said “Agreement") of the Security Deposit for the due fulfillment by the said Tanker

Agency 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 Ms.____________________ (Tanker Agency) do hereby undertake to pay to the Corporation 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 Corporation by reason of any breach by the said Tanker Agency 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 Corporation stating that the amount claimed is due way of loss or damage caused to or would be caused to or suffered by the Corporation by reason of

breach by the said Tanker Agency 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 the Corporation any money so demanded notwithstanding

any dispute or disputes raised by the Tanker Agency 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 Tanker Agency 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 Corporation under of virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the

Corporation certifies that the term and conditions of the said Agreement have been fully and properly carried out by the said Tanker Agency and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made

on us in writing on or before ------------ we shall be discharged from all liabilities under this guarantee thereafter.

5. We ________________ (name of Bank ) further agree with the Corporation that the Corporation shall have the fullest liberty without our consent and without affecting in any manner or obligations hereunder to vary any of the terms and

conditions of the said Agreement or to extend time of performance by the said Tanker Agency from time to time or to postpone for any time or from time to time

any of powers exercisable by the Corporation against the said Tanker Agency 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 Tanker Agency or for any forbearance act or omission on the part of the Corporation or any indulgence by the Corporation to the said Tanker Agency 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 change in constitution of the bank or the Tanker Agency.

7. The Bank agrees that this guarantee may be invoked on a number of occasions but so that the total amount payable hereunder shall not exceed Rs. ___________.

8. We _________________ (name of the Bank) undertake not to revoke this guarantee during its currency except with the previous consent of the Corporation

in writing. Notwithstanding anything contained hereinabove.

Dated _____________ day of ___________ 2015.

For ___________________

(Name & Seal of the Bank)


ANNEXURE - 7

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 Territory Date……………………… Designation…………………...

(With seal of Office)


* Please delete the words, which are not applicable.

@ Please quote specific Presidential Order. % Delete the paragraph, which is not applicable.

Note: The term „Ordinarily reside(s)‟ used here will have the same meaning as in Section 20 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).


ANNEXURE - 8

(On non judicial stamp paper as prescribed in Maharashtra state) GENERAL IRREVOCABLE POWER OF ATTORNEY

We the undersigned (1) Shri _________ (2) Shri _________ (3) Shri _________ all residing at _________ the partners/directors of M/s. _________ having its registered office at _________ do hereby nominate, authorize and appoint Shri _________ & Shri

_________ who are our partners/directors in the firm to act as attorneys of our firm M/s. _________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm:

To sign, seal, execute, perfect and/or complete the tender for tanker agency jobs & also other relevant documents required by M/s. Bharat Petroleum Corporation Ltd.

(hereinafter called The Corporation) in respect thereof. I) To negotiate, enter into correspondence with the Corporation and do all and

everything necessary suitable or proper with regard to the said tender for Tanker agency jobs at ports across the country.

II) To sign, seal execute, perfect and/or complete Contract Agreement and all and/or

any other document required by the Corporation in connection with the said Contract Agreement.

III) To do all acts, deed as may be necessary for and incidental to the execution of proper performance of the said contract agreement with Bharat Petroleum

Corporation Limited. 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 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/ contract Agreement /or refund of our Security Deposit / Bank Guarantee whichever is

later. In witness whereof, we have here under set and subscribed our hands at _________ this

_________ day of _________ two thousand _________ Signatures

1. Shri ________________

2. Shri ________________

3. Shri ________________ Signed, Sealed and delivered by

the within named partners/ Directors of M/s.______________________ Before me.

Notary public (Notary‟s Stamp)