tech bid mathura mh

7/21/2019 Tech Bid Mathura MH

http://slidepdf.com/reader/full/tech-bid-mathura-mh 1/93

Tender No.: UPSO-II/OPS/POL-MS-HSD/BULK/MATHURA/2015-20/02Due Date & Time: 27.02.2015 &11:00 Hrs

Indian Oil Corporation Ltd (Marketing Division)of 93TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUM

PRODUCTS - MS/ HSD/ Branded Fuels

SIGNATURE OF TENDERERSEAL

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CONTENTS

INDIAN OIL CORPORATION LTD (Marketing Division)

TENDER FOR ROAD TRANSPORTATION OF BULKPETROLEUM PRODUCTS – MS/ HSD/ Branded Fuels

Ex

LOCATION: MATHURA MARKETING TERMINAL

TENDER NO.: UPSO-II/OPS/POL-MS-HSD/ BULK/MATHURA/2015-20/02

DUE DATE 27.02.2015

TIME 11:00 Hrs

Indian Oil Corporation Ltd (M.D),Operations Department, UP State Office - II,

E 8, Sector- 1, NOIDA-201301, Uttar Pradesh.







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PART – A: TECHNICAL/ COMMERCIAL BIDSR.

NO.

DESCRIPTION PAGE NO.

1 Notice Inviting Tender2 Tender Form covering letter3 Particulars of tenderer4 Particulars of tank trucks offered5 Guidelines for tenderers 6 Formats of attachments of technical bid6a Undertaking by the tenderers6b Affidavit for attached tank trucks6c Details of relationship with IOC Directors etc - Part A, B

& C and Declarations – I, II & III6d SC/ ST Certificate6e General irrevocable power of attorney6f Undertaking by RO dealers of the consortium7 Bank guarantee format for security deposit8 Tender Terms & Conditions9 Bulk Petroleum Products Road Transport Agreement10 Rate schedule for road transportation of bulk petroleum

products 11 Industry Transport Discipline Guidelines (ITDG)

12 Integrity Pact Agreement13 Proforma’ for confirmation on applicability of “micro, smalland medium enterprises development act, 2006 (msmed act2006)”

14 IOC color scheme for tank trucks15 Drawing of Security Lock arrangement with Single Lock







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e-TENDER ENQUIRY (https://iocletenders.gov.in)

PART – A: TECHNICAL / COMMERCIAL BID

NOTICE INVITING TENDER

Indian Oil Corporation Limited (IOCL), a public sector oil company and the largestCommercial undertaking in the country, is engaged in the business of refining,transportation and marketing of crude oil and petroleum products. Indian Oil Corporation isone of the Fortune “Global 500” Corporations.

INDIAN OIL CORPORATION LIMITED (IOCL) hereby invites e-tenders under Two-Bid systemfrom Tank Truck (TT) owners for award of contracts for road transportation of bulkpetroleum products with effect from 01.06.2015 or at a date to be decided at the discretionof the company for a period of three years with option for extension up to further two yearsat the sole discretion of the company.

I. SCOPE OF WORK:Road transportation of bulk petroleum products like MS/ HSD/ Branded Fuels etc. from bulkoil storage & handling location given hereunder in Uttar Pradesh State to locations within thestate and outside the state.

Name oflocation

Address of location Tank Truck Requirement*

12 KL 18 KL & above

upto 40 KLMathuraMarketingTerminal

Indian Oil Corporation Limited (M.D.)Mathura Marketing Terminal,Near Baad Railway Station,

Vill & PO - Bhainsa,Behind Mathura Refinery,Mathura – 281005 (U.P.)

161 50

(*) The estimated Tank Trucks requirement is indicative and is subject to change.

II. TENDER DOCUMENTS:

Particulars Date & time

Start date & time for publishing the tender documents 29.01.2015 @ 1100 hours

Closing Date and time for tender 27.02.2015 @ 1100 hours

Date and Time of Pre-Bid meeting 06.02.2015 @ 1430 hours

Opening date & time for the tender documents 27.02.2015 @ 1130 hours

III. EARNEST MONEY DEPOSIT (EMD):

Earnest Money Deposit (EMD) of Rs. 5000/- per TT (Rupees five thousand only per TT)in the form of DD/ Pay Order is to be submitted in original and dropped in tender box

kept in our office at address given below by the due date and time of tender i.e. 11:00hrs on 27.02.2015

https://iocletenders.gov.in/









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Indian Oil Corporation Limited (M.D.)

Mathura Marketing Terminal,Near Baad Railway Station,


Tenderer’s not paying EMD before/on due date of submission of bid will bedisqualified.

Bidder is also required to upload the scan copy of EMD (DD/Pay Order) along with thetender

IV. SUBMISSION OF TENDER/ ELIGIBILITY CRITERIA:

1. The tenderer shall submit separate tenders for each location for which tendererwishes to offer Tank Trucks.

2. In case same tank truck is offered by two or more tenderer’ s, then the said tanktruck shall not be considered from any tenderer.

3. Age (As mentioned in RC book) of Tank Truck offered shall be as prescribed by LocalLaws and in any case shall not exceed 15 years on the closing date of tendersubmission.

4 a. The tenderer (quoting as transporter / dealer-transporter) shall have to offerminimum 5 (five) tank trucks and out of which the tenderer shall own minimum of 3(three) tank trucks. The tenderer may offer additional owned tank trucks. Foradditional TTs offered, the minimum number of owned TTs shall be 50% i.e.

TotalTTs

OwnedMinimum

Attached

5 3 26 4 27 4 3

8 5 39 5 4

and so on. The offer of additional attached tank trucks not meeting the abovecriteria, shall not be considered. The maximum number of TTs that can be offeredto a transporter (other than dealer/consortium for own supplies) is 21 TTs. (Thismust not be more than 10% of the TT requirement of the location).

b RO Dealer/ Direct Customer may offer tank trucks (any number of TTs, i.e one ormore) as per requirement for their own supplies only and all such tank truck shouldbe owned by the RO Dealer/ Direct Customer.







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c. RO Dealer, who owns tank truck/s and has part utilization of offered tank truck/sconsidering own supplies, can form consortium with only two other IOC RO dealerswho are not having tank trucks and in that event specific terms mentioned in this

tender document shall be applicable.

d. RO dealer desirous to offer tank trucks more than their own requirement shall fulfillthe norms of minimum offer of tank trucks and minimum owned tank trucks as perclause 4 (a) above. These RO dealers shall earmark the owned tank trucks as pertheir requirement for their own supplies and these tank trucks shall not be used forother transportation work. In case the RO dealer not earmarking tank trucks for theirown supplies, the supplies to their retail outlet shall be made at the discretion ofIOC. These RO dealers shall be evaluated as general tenderer. SD will be asapplicable to General Transporter’s and evaluation will be based on relevant clauseof “Evaluation of Tenderers”

e. The owned tank trucks offered by the tenderer should be in their name i.e. Firm orPartner or Company or Proprietor. In case of partnership firm participating in thistender, the formation of such partnership firm shall not be later than date29.01.2015. The tender submitted by the partnership firm formed later than this dateshall be rejected. The partnership firm should be registered. Un-registeredpartnership firms will not be considered and are liable to be rejected.

5. Tenderer’ s should quote in percentage within (+/-) 10% of the estimatedtransportation rates given in this tender. Tenderer’ s quoting beyond (+/-) 10% shall

be disqualified and their tender shall be rejected.

6. Tenderer’ s willing to participate in the tender shall have to necessarily sign theIntegrity Pact Agreement attached with the tender document and submit along withthe Technical/ Commercial Bid.

7. The tenderers are advised to carefully go through the following and comply:

a. Terms and Conditions of the tender document.b. Bulk Petroleum Road Transportation agreementc. Instructions for bidders participating in e-tenders.

8. The tenderers shall, while quoting the rates for transportation, take intoconsideration the provisions of the Carriage by Road Act, 2007 and rules theretoand the hazardous nature of the POL products and the liability to pay the loss fornon delivery/damage to the product at higher risk rate.

9. All transporters to be eligible to quote in tender should have a certificate ofregistration in line with Carriage by Road Act, 2007, released by Ministry of Lawand Justice vide Gazette Notification of India dt 01.10.2007.

10. Anti-Lock Braking System: Undertaking that TT will be fit with Anti Lock BrakingSystem (ABS) conforming to IS:11852:2003 on issuance of LOI, before issuance ofWork Order.







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11. Confirmation on applicability of “micro, small and medium enterprises developmentact, 2006 (MSMED Act 2006)”

(A) SELECTION CRITERIA: Selection of vendor [1 No; i.e. L-1 (for 100% Qty.)] will bebased on “lowest financial outgo of the Corporation over the period of contract”;and also as described below; under (B-1), (B-2) and (C).

(B-1) In line with “Public Procurement policy for Micro and Small Enterprises (MSEs)order 2012”, 20 % of the total quantity shall be earmarked for procurement fromMSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarkedfor procurement from MSEs owned by Scheduled Caste or the Scheduled TribeEntrepreneurs. Provided that, in the event of failure of such Micro and SmallEnterprises to participate in tender process or meet tender requirements and L-1

price, 4 % sub-target for procurement earmarked for Micro and Small Enterprisesowned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met fromother Micro and Small Enterprises.

(B-2)The above provision will be subject to MSEs quoting price within price band (L- 1+15%); i.e. L-1 plus 15 % and bringing down their price to L-1 in a situation

where the L-1 price is from someone other than an MSEs. In case of more thanone such MSEs, the supply shall be shared proportionately from the MSEsparty.

Necessary certificate issued by Authorized body under the Ministry of Micro, Small &

Medium Enterprises shall be valid as on the date of opening of the tender. All thetechnical specifications / techno commercial terms and conditions and the prequalification criteria are also to be fulfilled by the MSEs.

In the event of failure of such Micro and Small Enterprises to participate in tenderprocess or meet tender requirements and L-1 price, the total quantity shall be givento non MSE L-1 bidder.

Clarifications if any, on this matter is to be obtained from our office.

(C) In case of situation (B-1) and (B-2) above, bifurcating of 20% quantity; will beallocated out of 100% of the tendered qty. In such a situation, IOCL shall place twoseparate Pos (one P. O. each on L-1, ‘Non-MSE- Vendor’ for 80% of the tenderedquantity and another P. O. on ‘MSE- Vendor’ falling in the Price Band of (L-1+15%);i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for theremaining 20% of the tendered quantity.)

In case of more than one ‘MSE- Vendor’ falling in the Price Band of (L-1+15%); i.e. L-1plus 15 % and also subject to bringing down their price to L-1; the supply shall beshared proportionately from the earmarked quantity, as described in (B-2) above. Insuch a situation, additional P.Os shall be placed by IOCL.

Further, it is also to be noted that in case of MSEs owned by Scheduled Caste or theScheduled Tribe Entrepreneurs, IOCL shall place an additional P.O. on ‘MSE-SC-ST’.







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However, qualifying terms and conditions for placement of P.O. and the quantityallocation shall be as described in (B-1) and (B-2) above.

It is to be noted that choice of delivery locations will not be given to MSE partyallocated 20 % of the tendered quantity vide purchase preference clause.

V. RESERVATION:

The provision of reservation shall be 15% (fifteen percent) & 7½% (seven and a halfpercent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basisas per Govt. of India directives.

VI. OPENING OF TENDER:

1. The ‘Technical Bids’ of the tender shall be opened as per the schedule given in the e-Tender.

2. After scrutiny of the ‘Technical bids’, the eligible tenderer’ s shall be notified regardingdate, time and venue for opening of the ‘Price Bids’. The tenders including the PriceBid shall remain valid for 240 days from the closing date unless extended by mutualconsent in writing.

3. IOCL reserve the right to accept or reject any or all the tenders in part or in totality,or to negotiate with any or all the tenderer ’ s, or to withdraw/ cancel/ modify this

tender without assigning any reason whatsoever, or to accept some or all of the tanktrucks offered.

4. We request you to submit your lowest percentage bid for the transportationdescribed herein, strictly in line with attached tender document.

5. Your offer complete in all respects must be submitted on or before 27.02.2015 at11:00 HRS hrs in line with the instructions given using own/authorized class IIIdigital signature on our website address : https//iocletenders.gov.in.

6. The Tender Envelope containing EMD instrument must be superscribed dulyindicating the tender number, due date and time of opening, name of worktendered, address of Tenderer.

7. The Corporation will not be responsible for postal delays in dispatch and receipt ofEMD instrument.

8. Bidder is advised to visit the SO/Location falling under the corresponding State officefor which bid is submitted and familiarize himself of the existing facilities &environment, and shall collect all other information which he may require forpreparing and submitting the bid and entering into the contract. Claims & objectionsdue to ignorance of existing conditions or inadequacy of information will not beconsidered after submission of the bid and during implementation.







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9. Further, bidder shall give an undertaking on their letter head that the content of thebidding document has not been altered or modified. Any change in bid document orconditional bid is liable to be summarily rejected.

10. Bids in physical form will not be acceptable. Bidder(s) are advised to quote strictly asper terms and conditions of the tender documents for e-bidding through IOCL E-tender portal https://iocletenders.gov.in

“Any query with regard to non-issuance of the tender documents or rejection of thetender may be forwarded to State head, GM, UPSO-II, [email protected], IndianOil Corporation Ltd (M.D), Operations Department, UP State Office - II, E 8,Sector- 1, NOIDA-201301, Uttar Pradesh. (name i.e State Head, Designation i.e GMI/C or ED, e-mail & address).”

Thanking you, Yours faithfully,

For Indian Oil Corporation Limited,

Dy. General Manager (Ops),Indian Oil Corporation Ltd. (M.D.),

Operations Department, UP StateOffice - II, E 8, Sector- 1, NOIDA-

201301, Uttar Pradesh




mailto:[email protected]











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Instructions to Bidders for participation in E-Tendering

Indian Oil Corporation Ltd. has developed a secured and user friendly system which willenable Vendors / Bidders to Search, View, Download tenders directly from Indian OilCorporation Ltd., secured website and also enables them to participate & submit Online Bidson the e-tendering site https://iocletenders.gov.in directly from the website in secured andtransparent manner maintaining confidentiality and security throughout the tenderevaluation process and award.

All interested bidders are requested to register themselves with the portal indicated aboveand enroll their digital certificate with the user id for participation in the tender.

Bidders are requested to read following conditions in conjunction with various conditions,wherever applicable appearing with this bid invitation for e-Tendering. The conditionsmentioned here in under shall supersede and shall prevail over the conditions enumeratedelsewhere in the tender document.

How to submit On-line Bids / Offers electronically against E-tendering?

Vendors / Bidders are advised to read the following instructions for participating in theelectronic tenders directly through internet:

i) Late and delayed Bids / Offers after due date / time shall not be permitted in E-tendering system. No bid can be submitted after the last date and time ofsubmission has reached. (However if bidder intends to revise the bid alreadysubmitted, they may change / revise the same on or before the last date andtime of submission of bid). The system time (IST) that will be displayed on e-tendering web page shall be the reference time and no other time shall be takeninto cognizance.

ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.

iii) No bid can be modified after the dead line for submission of bids.

iv) No Manual Bids / Offers along with electronic Bids / Offers shall be permitted.

What is a Digital Signature?

This is a unique digital code which can be transmitted electronically and primarily identifies aunique sender. The objective of digital signature is to guarantee that the individual sendingthe message is who he or she really claims to be just like the written signature. TheController of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who in turn allot on a regular basis Digital Certificates, Documents whichare signed digitally are legally valid documents as per the Indian IT Act (2000).




Indian Oil Corporation Ltd (Marketing Division)

of 93TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUMPRODUCTS - MS/ HSD/ Branded Fuels


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Why is a Digital Signature required?

In order to bid for Indian Oil e-tenders all the vendors are required to obtain a legally validDigital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operatingunder the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA)of India. The Digital Certificate is issued by CA in the name of a person authorized for filingBids / Offers on behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-line only after digitally signing the bid / documents with the above allotted DigitalSignatures.

Bidders have to procure Class 3 Digital Certificate on their own from any of the Certifying

Authorities in India.

Submission of Documents

The Un-priced Technical Bids and Price Bid have to be submitted online only. However,documents which necessarily have to be submitted in originals like EMD and any otherdocuments mentioned in the tender documents have to be submitted offline. Prices shouldnot be submitted in a physical sealed envelope. Indian Oil shall not be responsible in anyway for failure on the part of the bidder to follow the instructions.

It is advised that the bidder uploads small sized documents (preferably up to 5 MB) at a

time to facilitate in easy uploading into e-tendering site. Indian Oil does not take anyresponsibility in case of failure of the bidder to upload the documents within specified timeof tender submission.

Submission and Opening of Bids

Bid along with all the copies of documents should be submitted in the electronic form onlythrough Indian Oil e-tendering system.

Before the bid is uploaded, the bid comprising of all attached documents should be digitallysigned using digital signatures issued by an acceptable Certifying Authority (CA) inaccordance with the Indian IT Act 2000.

Last Date for Submission of Bids

Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurementsystem well before the closing date and time of bid.

Resource Requirement Vendors / Bidders must use any computer having Windows XP or higher of Windowoperating system and an internet web browser version internet explorer V6.0 or higherrecommended.







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Note: Bidders are requested to go through the “Bidders Manual Kit” available inthe homepage of the e-tendering portal i.e. https://iocletenders.gov.in to have a clearunderstanding

TENDERER’S COVERING LETTER

FROM: M/s. ________________________________

_________________________________ (Name and Address of the tenderer)

To:Indian Oil Corporation Ltd. (M.D.)U.P. State Office – II,E-8, Sector - 1Noida - 201301

Dear Sir,

Sub: TENDER FOR ROAD TRANSPORTATION OF BULK PETROLEUMPRODUCTS MS/ HSD/ Branded Fuels Ex:- MATHURA MARKETING

TERMINAL

With reference to your subject tender, we confirm having carefully read, studied andunderstood various conditions/ documents supplied with the tender and hereby upload themduly signed and stamped for having accepted in toto.

Tick Y – For document enclosed.Tick N – For document not enclosed.

TECHNICAL BID :

1 Covering letter listing all enclosures. Y / N2 Particulars of Tenderer Y / N3 Particulars of T/T’s offered Y / N4 Scanned copy of DD for EMD drawn on a scheduled Bank payable at ------- Y / N5 All documents as required have been uploaded on the e-tender portal at the

appropriate place. Percentage is quoted only in the price bid and not quoted

anywhere in the technical bid

Y / N

6 Undertaking for the TTs offered (Attachment-1). Y / N7 Affidavit/s from the owners of the attached TTs (Attachment-2). Y / N8 Details of relationship with Directors of IOCL and Declaration ‘I’, ‘II’ and ‘III’

(Attachment-3). Y / N

9 Caste certificate (wherever applicable) issued by Competent Authority as performat (Attachment-4).

Y / N

10 Power of Attorney (Attachment-5). Y / N11 Undertaking by RO dealers of the consortium (wherever applicable)

(Attachment –6) Y / N

12 Attested copy (acknowledged copy) of the latest Income Tax Return Filed Y / N

13 Letter from Divisional Manager giving the details of firm, SAP code, and Y / N










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Name of the Proprietor and partners (applicable to dealers)14 Attested copies of valid Registration Certificate and CCOE License, for each

of the TTs offered. (Insurance, Certificate of Fitness and Calibration

certificate will be required during physical verification of TTs after LOIissuance)

Y / N

15 Certificate of Registration for transporters under Carriage by Road Act 2007released by Ministry of Law and Justice vide Gazette Notification of India dt01.10.2007

Y / N

16 Bank Guarantee for Security Deposit (Attachment-7) Y / N17 Bulk Petroleum Products Road Transport Agreement (Attachment-8) Y / N18 Industry Transport Discipline Guideline (Annexure to bulk petroleum product

road transport agreement) Y / N

19 Integrity Pact Agreement (Attachment-9) Y / N20 Undertaking that TT will be fit with Anti Lock Braking System (ABS)

conforming to IS:11852:2003 on issuance of LOI, before issuance of WorkOrder.

Y / N

21 Bidder shall give an undertaking on their letter head that the content of thebidding document has not been altered or modified. Any change in biddocument or conditional bid is liable to be summarily rejected.

Y/N

22 Undertaking that fitting of SS locking with single lock system in line withspecifications/drawing provided

Y/N

I am/ We are authorized to sign this tender as Proprietor or as per Power of Attorney issuedby all other Partners/ Directors as per enclosure no. __________

Thanking you, Yours Faithfully,

Place:

Date:

Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal_________________







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PARTICULARS OF TENDERER

1 Name of the firm oftenderer:

M/s.

2 Registered officeaddress (proof of address

to be submitted):

Address forcorrespondence:

3 Contact Details: Phone: Fax:

Email: Mobile:

4 Status of the tenderer: o Individual o Proprietor(please tick one) o Partnership o Limited Company

o Co-operative Society o Others (Pl. specify)

5 Registration No. of the Firm: Year of establishment:

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

7. Name and address of Proprietor/ Partners :







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S.N. Name Status Address for Correspondence

8. Name of authorized Signatory

9 Category:

a. (Please tick one *)

b. (Please tick one *)

* General * ScheduledCast

* ScheduledTribe

* MSME

* RO Dealer/ CustomerFor own supply only.

* General Tenderer

* RO Dealer/Customerfor own supply and alsofor General Transport

* Consortium for supply toconsortium members only

10 In case of Consortium of RO Dealers, the Details of Consortium:(Undertaking to be enclosed from all RO Dealers of the consortium as per Performa. Theconsortium can only be with two more ROs i.e own + Two more)

S.No. Name of RO Dealer Location of RO

11 Earnest Money Details (EMD):

For each TT offered @ Rs 5000/-

No of TTs

offered:

DD no. Date Rs. Bank

13. Whether tenderer/ Proprietor/ any of the Partners/ Directors are related (as definedunder Companies Act 1956) to any of Directors of Company to which tender is beingsubmitted, if so, name of Director of IOCL & nature of relationship.

……………………………………………………………………..…………………..







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14. Whether the tenderer is existing dealer/ customer of IOC. If so, enclose a letter fromconcerned Divisional Manager, incorporating SAP code and name of the proprietor/

partner/’s.

15 We confirm that neither tenderer nor any Tank Truck (TT) offered are blacklisted byany oil company as on due date of tender (closing).

16. We confirm that neither tenderer nor any Tank Truck offered are convicted as ondue date of tender (closing), which would render the performance of any obligationimpossible in case, the contract is awarded to us.

17. We confirm that rates offered by us shall remain valid for acceptance by you up to240 days from the date of opening of this tender.

Place:

Date: Signature____________________

Name of Person signing____________________

Tenderer's Name & Address with seal __________________________







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A. PARTICULARS OF 12 KL TANK TRUCKS OFFERED

Sr.No.

RTORegistration

No.

Age of TTOffered

from date ofmanufacture

EngineNo.

Chassis No. Name of TTOwner

Owned byTenderer or Attached







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B. PARTICULARS OF 18 KL & ABOVE TANK TRUCKS OFFERED

Sr.No.

RTORegistration

No.

Age of TTOffered

from date ofmanufacture

EngineNo.

Chassis No. Capa-city

in KL

Name of TTOwner

Owned byTenderer or Attached

Only Diesel engine driven TTs fitted with ABS shall be allowed. TTs offered should be compliant to Motor Vehicle act regulations. For Tank Trucks not owned by the tenderer, an affidavit from owner of the TT in the

format enclosed with tender document is required to be enclosed in addition todocuments required as per Technical bid.

Age of Tank Truck offered should not exceed 15 years on the closing date of tendersubmission.

Registration numbers of tank trucks earmarked for their own supplies by RO dealer.

……………………………….. ………………………………

Place:____________Date:_____________

Signature___________________Name of Person signing____________________

Tenderer's Name and address with seal _______________________







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GUIDELINES FOR TENDERERS

1. GENERAL:

1.1 This tender is being invited for road transportation of bulk petroleum products (MS/HSD/ Branded fuels etc.) from bulk oil storage & handling locations in the state ofUttarpradesh.

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

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

1.4 All entries are to be made in ink. No over-writing/ whitening/ erasing out ispermitted. All corrections are to be made by scoring out incorrect entries, and suchcorrections are to be signed by the legally authorized representative of the tenderer,

with the official seal. Tenders deficient in this respect are liable to be rejected.1.5 For any further clarification, concerned officials at IOC State Office or tender

document issuing offices may be contacted.1.6 Copies of Registration Certificate, CCE License etc, enclosed along with Tender Form,

shall be self certified by the tenderers and Notarized.1.7 This tender is an e-tender in 2 bid system, comprising of Technical Bid and Price Bid.

2. TECHNICAL BID:

2.1 Covering letters listing all enclosures.2.2 Particulars of tenderer.

2.3 Particulars of Tank Truck/s (TT/s) offered.2.4 Enclose scanned copy of EMD Demand Draft, which should be drawn on a scheduled

Bank payable at Mathura. If it is found that EMD paid through DD is not acceptabledue to technical or any other reason, the tender shall be rejected.

2.5 Undertaking for the TTs offered (Attachment-1).2.6 Affidavit/s from the Owners of the attached TTs (Attachemnt-2).2.7 Details of the relationship with Directors of IOCL and Declarations ‘I’, ‘II’ and ‘III’

(Attachment-3).2.8 Attested copies of caste certificate (wherever applicable) (Attachment-4).2.9 Power of Attorney (Attachment-5).2.10 Undertaking by RO dealers of the consortium (wherever applicable)(Attachment – 6)

2.11 Attested acknowledged copy of the latest Income Tax Return Filed and PAN card.2.12 Attested copies of Registered Partnership Deed or Certificate of Incorporation(wherever applicable).

2.13 Attested copies of valid Registration Certificate and CCE License for each of the TTsoffered. Authenticity CCOE license has to be mandatorily verified by State Office fromofficial site www.peso.gov.in and that of registration from state specific site (whereever applicable)before LOI issuance.

2.14 Attested copy of Certificate of Registration under Carriage by Road Act 2007.2.15 Bank Guarantee for Security Deposit (Attachment-7).2.16 Bulk Petroleum Products Road Transport Agreement (Attachment-8).2.17 Industry Transport discipline guideline (Annexure to bulk petroleum products road

transport agreement).2.18 Integrity Pact Agreement (Attachment-9)

http://www.peso.gov.in/








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2.19 Undertaking that, all tank trucks offered for award of work order on issuance ofLOI, shall be fitted with Anti-Lock Braking System conforming to IS:11852:2003(part 9).

3. PRICE BID:

Percentage has to be quoted by the bidder in the relevant portion of the price bid of thetender document only and nowhere else.







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Attachment – 1

(On Non-Judicial Stamp Paper as prescribed in the respective State)

UNDERTAKING BY THE TENDERER

We declare as under:

1. In the case of a Proprietary concerns:

I hereby declare that neither I in my personal name or in the case of my Proprietary

concern M/s._________________, which is submitting the accompanyingBid/Tender, nor any other concern in which I am proprietor nor any partnership firmin which I am involved as a Managing Partner have been placed on black list orholiday list declared by Indian Oil Corporation Limited or its Administrative Ministry(the Ministry of Petroleum & Natural Gas) or by any department/s of the State ofCentral Government/s or by any department/s of the State of Central Government/sof by any other Public Sector Undertaking/s and that there is no inquiry in respect ofany corrupt or fraudulent practice pending against him/it/them except as indicatedbelow:

(Here give particulars of blacklisting or holiday listing, an in absence thereof state

“NIL”)

2. In the case of a Partnership Firm:

We hereby declare that neither we, M/s. _________________, submitting theaccompanying Bid/Tender nor any partner involved in the management of the saidfirm either in his individual capacity or as proprietor or managing partner of any firmor concern have or has been placed on blacklist or holiday list declared by Indian OilCorporation Limited or its Administrative Ministry (the Ministry of Petroleum &Natural Gas) or by any department/s of the State or Central Government/s or by anyother Public Sector Undertaking/s and that there is no inquiry in respect of any

corrupt or fraudulent practice pending against him/it/them except as indicatedbelow:

(Here give in particulars of blacklisting or holiday listing, and in absence thereof state “NIL”)

3. In the case of Company:

We hereby declare that the Company nor its Promoter/s /Director/s havingcontrolling stake in the Company (here controlling stake means person having







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minimum 26% shareholding of a company) as a proprietor or as a Managing Partnerhas not been placed on black list or holiday list declared by Indian Oil CorporationLimited or its Administrative Ministry (the Ministry of Petroleum & Natural Gas) or by

any department/s of the State or Central Government/s or by any other Public SectorUndertaking/s and there is no inquiry in respect of any corrupt or fraudulent practicepending against him/it/them except as indicated below:

(Here give particulars of blacklisting or holiday listing, and in absence thereof state “NIL”).

It is understood that if this declaration is found to be false, Indian Oil CorporationLtd., shall have the right to reject my/our bid, and if the bid has resulted in acontract, the contract is liable to be terminated.

Place:

Date:

Signature____________________Name of Person signing___________________

Tenderer's Name and address with seal___________________







22

Attachment-2


AFFIDAVIT

I / We ______________________________ S/O Shri________________________ residentof _____________________________ do hereby solemnly affirm and declare asunder:

1. That I / We are the owners of Tank Truck no. ________________ having capacity _______ Kiloliters bearing engine no. _______________ Chassis No. _________________ make and model _________________.

2. That I / We have attached / shall keep attached the above mentioned Tank Truckwith M/S __(Name of the tenderer)____ till the validity of Petroleum Products RoadTransport Contract awarded by Indian Oil Corporation Ltd. in favour of M/S ___(Name of the tender)___.

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

DEPONENT

VERIFICATION

Verified, that the contents of the above affidavit are true and correct to the best of myknowledge and belief. No part of it is false and nothing has been concealed therein.

DEPONENT

Verified at _____________________ on ______________________________

Notary Public







23

Attachment-3

DETAILS OF RELATIONSHIP WITH IOCL DIRECTORS ETC.

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

Organizational structure Part of the form applicable.

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

PART – “A” (Applicable where Tenderer is Sole Proprietor)

1. Name:2. Address:3. State whether tenderer is related to any of the Director(s) of IOCL: YES / NO4. If ‘ YES ‘ to 3, State the name(s) of IOCL Director(s) and Tenderer’s relationship with

him / her.

Strike off whichever is not applicable.

Date: Signature___________________Name of Person signing___________________


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

1. Name of the partnership firm responding to the tender:2. Address:3. Names of partners:

4. State whether any of the partner of the tenderer is a Director of IOCL: Yes/No5. If ‘Yes’ to (4) state the name(s) of the IOCL Director(s). 6. State whether any of the partner of the tenderer is related to any of the Director(s)

of IOCL: Yes/No7. If ‘Yes’ to (6) state the name(s) of IOCL Director(s) & the concerned partner’s (of the

tenderer) relationship with him/ her.

Strike off whichever is not applicable.









24

PART – “C”

(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative Society)

1. Name of the Company/ Co-operative Society responding the tender:

2. Address of: (a) Registered Office:

(b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.4. Names of Directors of the Company/ Co-operative Society5. State whether any of the Director Of the Tenderer/ Company is a Director of IOCL:

Yes/No

6. If ‘Yes’ to (5) state the name(s) of the IOCL Director(s). 7. State whether any of the Director of the Tenderer Company is related to any of the

Director(s) of IOCL: Yes/No7. If ‘Yes’ to (7) state the name(s) of IOCL Director(s) & the concerned Director’s (of

the tenderer Co.) relationship with him/her.

Strike out whichever is not applicable.

Date: Signature___________________Name of Person signing__________________


DECLARATION ‘I’

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



DECLARATION ‘II’

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

OR

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

Name of the Employee Name and Designation of

of the Contractor the Officer of the Oil Company/ Central/ StateGovernment and relation.







25

1. ___________________ _____________________________2. ___________________ _____________________________

Strike off whichever is not applicable.Date: Signature___________________

Name of Person signing___________________Tenderer's Name and address with seal___________________

DECLARATION ‘III’

The Tenderer is required to state whether he/ she is a relative of any Director of the IOCL orthe tenderer is a firm in which Director of IOCL or his relative is a partner or is any otherpartner of such a firm or alternatively the Tenderer is a private company in which Director ofIOCL is member or Director, (the list of relative(s) for this purpose is given below)

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


Tenderer's Name and address with seal__________________

LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,i) He / She / They are members of Hindu Undivided family orii) He / She / They are Husband & Wife oriii) The one is related to the other in the manner indicated below.

1. Father2. Mother (including Step Mother)3. Son (including Step Son)4. Son’s Wife

5. Daughter (including Step Daughter)6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son

11. Son’s Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband

15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother)20. Brother’s Wife 21. Sister (including Step Sister)22. Sister’s Husband







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Attachment-4

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes shouldsubmit in support of his claim a certificate issued within one year preceding the date of thetender opening for the Bulk Petroleum Products transportation contract, in original, with acopy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer orany other Officer as indicated in the enclosed form, of the District in which his parents (orsurviving parents) ordinarily reside who has been designated by the State Governmentconcerned as competent to issue such a certificate. If both his parents are dead, theofficer signing the certificates should be of the district in which the tenderer himselfordinarily resides otherwise than for the purpose of his own education.

The enclosed format is to be used for the purpose.

Form of certificate to be produced by a candidate belonging to a Scheduled Caste orScheduled 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 theState / Union Territory*………………… belongs to the ……………..caste / tribe* which isrecognized 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, TheState of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 andScheduled 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 havemigrated from one State / U.T.:

This certificate is issued on the basis of the Scheduled Castes / Scheduled tribeCertificate issued to Shri / Smt*…………………………….father / mother of Shri / Smt /







27

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 ofprescribed authority) vide their no. …………….dated…………………..

3. Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily reside(s) invillage / town………………… of………………………..District / Division of the State / Unionterritory 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.2/ 3 Delete the paragraph, which is not applicable.

Note: The term ‘ordinarily reside(s)’ used here shall have the same meaning as in Section20 of the Representation of the Peoples Act, 1950.

List of authorities who may be empowered to issue Scheduled Caste/ Scheduled TribeCertificates are as under and accordingly tenderer must ensure that only the authorized

official has issued the certificate.

1. District Magistrate/ Additional District Magistrate/ Collector/ Deputy Commissioner/Deputy Collector/ 1st Class Stipendiary Magistrate/ City Magistrate/ Sub-DivisionalMagistrate/ Taluka Magistrate/ Executive Magistrate/ Extra Assistant Commissioner(not below the rank of 1st Class Stipendiary Magistrate).

2. Chief Presidency Magistrate/ Additional Chief Presidency Magistrate/ PresidencyMagistrate.

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).







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Attachment – 5


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 herebynominate, authorize and appoint Shri ___________________ & Shri _____________________ whoare our ----------------- in the firm to act as attorneys of our firm M/S _______________ with fullpower and authority to exercise the following powers or any of them on our behalf and on behalf ofour firm:

i) To sign, seal, execute, perfect and/or complete the tender document of transportation of

petroleum products and also other relevant documents required by M/S IndianOil Corporation Ltd. (hereinafter called The Company) in respect thereof.

ii) To negotiate, enter into correspondence with the Company and do all and everythingnecessary suitable or proper with regard to the said tender for transportation of petroleumproducts.

iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all and/orany other document, Indemnity Bond etc. Required by the Company in connection with thesaid Transport Contract Agreement.

iv) To do all acts, deeds, as may be necessary for and incidental to the execution of properperformance of the said transport contract agreement with IOC.

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 orabout the said tender and the Transport Contract Agreement, the execution and proper performancethereof by virtue of these presents.

This Power of Attorney shall remain irrevocable till the validity period of our quotation/ TransportContract Agreement/ or refund of our Security Deposit whichever is later.

In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand __________________.

Signatures

Signed, Sealed and delivered by 1) Shri___________________the within named partners/ 2) Shri___________________Directors of M/S _____________ 3) Shri___________________

Before me.

Notary public(Notary's Stamp)







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Attachment- 6


(Tenderer shall enclose all undertakings given by each member of the consortium. The totalnumber of consortium members limited to Maximum Three i.e Self + Two other ROs)

UNDERTAKING BY RO DEALERS OF THE CONSORTIUM

I/ We ______________________________ S/O Shri________________________ residentof _____________________________ do hereby solemnly affirm and declare as under:

1. I/ We _________________________________________ proprietor / partner of M/S. _________________________ retail outlet dealer of IOC located at

__________________ supplies to which is being fed ex- -----------------.

2. I/ We, along with the following other RO dealers have formed consortium of ROdealers to take POL supplies from IOC in tank trucks owned by RO dealer M/S. _________________________. This consortium shall be valid for entire contractperiod of POL transport contract.

S.N. Name of RO Dealer RO Location(i)(ii)

3. That M/S. ______________________________ Retail Outlet dealer located at ______________ is owning _____no. of Tank Trucks which has/have been offeredto IOCL for transportation work ex- ------------------------- .

4. That, in case M/S. ___________________________ (tenderer) is awarded contractfor the transportation work by IOC, supplies to our above mentioned RO shall beexecuted thru their tank trucks besides their own supplies.

5. I/ We shall not demand supplies to our aforesaid retail outlet thru any other tanktrucks during the period of this contract. In case of any exigency, we shall give

proper intimation for arrangement of supplies in any other tank truck temporarilywhich may be permitted at its sole discretion of IOC subject to any other conditionprescribed by IOC.

Place:Date:

Signature___________________Name of Person signing___________________

Name of Retail outlet of consortium with address & seal______







30

Attachment- 7

(On Non-Judicial Stamp Paper as prescribed in the respective State)BANK GUARANTEE

1. In consideration of IOC having its registered office at at G-9, Ali Yavar Jung Marg,Bandra (E), Mumbai- 400 051 (hereinafter called "The Company") having agreed toaccept bank guarantee from M/S ____________________(Hereinafter called "thesaid Carrier(s)") under the terms and conditions of an Agreement dated ___________ made between _________________ the Company______________and the Carrier(s) ____________ (hereinafter called "the said Agreement") in lieu ofthe Security Deposit for the due fulfillment of obligations by the said Carrier(s) of theterms 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 therequest of M/S _______________________ (Carrier(s) ) do hereby undertake topay to the Company an amount not exceeding Rs. ________ (Rupees _________________ only) against any loss or damage caused to or suffered orwould be caused to or suffered by the Company by reason of any breach by the saidCarrier(s) of any of the terms and conditions contained in the said Agreement.

2. We ______________ (name of the Bank) do hereby undertake to pay the amountsdue and payable under this guarantee without any demur, merely on a demand fromthe Company stating that the amount claimed is due by way of loss or damage

caused to or would be caused to or suffered by the Company by reasons of breachby the said Carrier(s) of any of the terms and conditions contained in the saidagreement or by reason of the Carrier’s failure to perform the said Agreement. Anysuch demand on the Bank shall be conclusive as regards the amount due andpayable by the bank under this guarantee. However, our liability under thisguarantee shall be restricted to an amount not exceeding Rs. _________________(Rupees _________________ only).

3. We undertake to pay to the Company any money so demanded notwithstanding anydispute or disputes raised by the Carrier(s) in any suit or proceeding pending beforeany Court or Tribunal or Arbitrator relating thereto our liability under this present

being absolute and unequivocal. The payment so made by us under this guaranteeshall be a valid discharge of our liability under this guarantee for paymentthere under and the Carrier(s) shall have no claim against us for making suchpayment.

4. We______________ (name of Bank) further agree that the guarantee hereincontained shall remain in full force and effect during the period that would be takenfor the performance of the said agreement and that it shall continue to beenforceable till all the dues of the Company under of by virtue of the said Agreementhave been fully paid and its claims satisfied or discharged or till the Companycertifies that the terms and conditions of the said Agreement have been fully andproperly carried out by the said Carrier(s) and accordingly discharge thisguarantee. Unless a demand or claim under this guarantee is made on us in writing







31

on or before _____________ we shall be discharged from all liabilities under thisguarantee thereafter.

5. We _______________________ (name of Bank) further agree with the ________________ Company that the Company shall have the fullest liberty withoutour consent and without affecting in any manner our obligations hereunder to varyany of the terms and conditions of the said Agreement or to extend time ofperformance by the said Carrier(s) from time to time or to postpone for any time orfrom time to time any of the powers exercisable by the Company against the saidCarrier(s) and to forbear or enforce any of the terms and conditions relating to thesaid Agreement and shall not be relieved from our liability by reason of any suchvariation or extension being granted to the said Carrier(s) or for any forbearance,act or omission on the part of the Company or any indulgence by the Company tothe said Carrier(s) or by any such matter or thing whatsoever which under the law

relating to sureties would but for this provisions have effect of so relieving us.

6. This guarantee shall not be discharged due to the change in the constitution of theBank or the Carrier(s).

7. We ___________________ (name of the Bank) lastly undertake not to revoke thisguarantee during its currency except with the previous consent of the Company inwriting.

Dated ____________________ day of ____________ 20__.

For __________________________(Indicate name of the Bank)







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TENDER TERMS & CONDITIONS A. GENERAL:

1. Relatives (as per list enclosed) of officer/s responsible for award and execution ofthis contract in IOCL are not permitted to quote against this tender. The tenderershall be obliged to report the name/s of person/s who are relatives of any officers ofIOCL & any of their subsidiary companies or any officer in the State or CentralGovernment, and who are working with the tenderer in their employment or aresubsequently employed by them. Any violation of this condition even if detectedsubsequent to the award of contract, would amount to breach of contract ontenderer’s part entitling IOC to all rights and remedies available thereof includingtermination of contract.

2. Only percentage (+/-) within the allowable band of (+/-) 10 % is to be quoted at

appropriate place in the price bid both in words and figures. In case of anydifference between the two, the percentage quoted in words shall be considered asfinal and authentic.

3. Rates offered would be valid and binding on the tenderer for 240 days from the dateof opening of tender unless extended by mutual consent in writing. During thevalidity period, tenderer shall not be allowed either to withdraw or revise his offer.Breach of this provision shall entail forfeiture of the Earnest Money Deposit. Oncethe tender is accepted and work awarded, the rates shall be valid for the entirecontractual period.

4. IOCL reserve the right, at their sole discretion, and without assigning any reasonwhatsoever, to:

a) Negotiate with any or all tenderers,b) Divide the work among contractor(s),c) Reject any or all tenders either in full or in part,d) Assign the offered and accepted Tank Trucks to any of the contracts, ande) Engage additional contractors/ Tank Trucks at any time without giving any notice

whatsoever to the contractor/s already appointed against this Tender.f) Award contracts to additional RO dealers/direct customers in response to their offer

of TTs for their own load requirement at any time for the balance period of contract.

5. For Tank Trucks under operation with any other Oil Company, a “No ObjectionCertificate” is to be obtained from the concerned Oil Company for placing the samefully in the service of IOC against this tender.

6. The tenderer should study all the operations/ local conditions at the loading/unloading point/s and route/s. Tenderers would be presumed to have acquaintedthemselves with the working conditions existing at the location, before submissionof the tender.

7. Earnest Money Deposit (EMD) of Rs. 5000/- per TT (Rupees five thousand only perTT) in the form of DD/ Pay Order is to be submitted in original and dropped in







33

tender box kept in our office at address given below by the due date and time oftender i.e. 11:00 hrs on 27.02.2015.

Indian Oil Corporation Limited (M.D.)Mathura Marketing Terminal,Near Baad Railway Station, Vill & PO - Bhainsa,Behind Mathura Refinery,Mathura – 281005 (U.P.)

Tenderer’s not paying EMD will be disqualified.

Bidder is also required to upload the scan copy of EMD (DD/Pay Order) along withthe tender

8. Tenders not meeting the tender terms & conditions or incomplete in any respect orwith any additions/ deletions or modifications are liable to be summarily rejectedwithout any further communication to the tenderers and decision of IOCL in thisrespect shall be final and binding.

9. Agreements would be signed by IOCL with successful tenderer’ s finalized out ofthose quoting in this tender.

10(a) IOCL existing RO Dealers/ Direct Customers can participate in this tender for awardof transport contract. IOC reserves the right to give preference to award transportcontract to its RO Dealers/ Direct Customers for transporting their own load

requirements subject to their acceptance of L-1 rates offered by the company at firstinstance. RO Dealers/ Direct Customers not accepting L-1 rate offered by thecompany at first instance shall be treated at par with other tenderers and shall beevaluated based on their original rankings.

(b) IOCL at its sole discretion reserves the right to induct additional tank trucks from RODealers/ Direct Customers of IOCL offering tank trucks only for their own supplies,RO Dealers offering tank trucks for supplies to consortium of RO Dealers and RODealers earmarking owned tank trucks for their own supplies, who shall qualify underthis tender, to meet their incremental demand.

11(a) The tenderer shall have to offer minimum 5 (five) tank trucks and out of which the

tenderer shall own minimum of 3 (three) tank trucks. The tenderer may offeradditional owned tank trucks. In case the tenderer is offering additional attachedtank trucks then the number of such additional attached tank trucks shall be in theratio of 1:1 with additional owned tank trucks i.e. for every 1 (one) additionalattached tank truck 1 (one) additional owned tank truck shall be offered. The offer ofadditional attached tank trucks not meeting the ratio of 1:1 with additional ownedtank trucks shall not be considered. In award of business to the successful tenderers,preference will be given to the owned tank trucks. The maximum tank trucksthat can be offered to a transporter (other than the dealer/consortium forown supply) is 21 TTs.

(b) In case of attached Tank Trucks offered by the tenderer, owners of such TankTrucks should execute affidavit attaching the Tank Truck with the tenderer for the







34

full period up to last date of proposed Agreement period. Format of Affidavit isenclosed with tender form. IOCL shall not deal with the owners of the attached TankTrucks. For any claim, losses, damages, etc for the attached Tank Truck, the liability

shall solely rest with the tenderer.(c) RO Dealer / Direct Customer may offer tank trucks as per requirement for their own

supplies only and all the tank truck should be owned by the RO Dealer/ DirectCustomer. Direct Customers to have TTs in the name of the Firm only. RODealers/Direct customers can have TTs of capacity 12 KL/18 kl and above upto 40 KLfor own use.

(d) RO Dealer, who owns tank truck/s and has part utilization of offered tank truck/sconsidering own requirement, can form consortium with not more than TWO otherIOC RO dealers who are not having tank trucks and in that event following additionalterms shall be applicable:(i) The tank truck/s offered by the tenderer shall be utilized only for the supplies

to RO dealers of the consortium under the arrangement.(ii) No change in the consortium shall be permitted during the entire contract

period. However, IOC at its sole discretion may allow reconstitution in theconsortium considering operating feasibility on prior written request of thetenderer or on its own at any time during the contract period.

(iii) It is the responsibility of the tenderer to obtain an undertaking from each of theother consortium RO dealers as per the proforma enclosed in this tenderdocument and submit the same along with the tender.

(iv) It shall be entirely responsibility of the tenderer to resolve the disputes, if any,amongst the consortium RO dealers.

(v) In case of any dispute or difference amongst members of the consortium for

any reason whatsoever, IOC shall not be responsible for non utilization of thetank truck/s offered by the tenderer.(vi) IOC shall have the discretion to make alternative arrangement for supplies to

consortium members in the event of any exigency subject to any condition thatIOC may prescribe.

(e) RO Dealer desirous to offer tank trucks more than their own requirement shall fulfillthe norms of minimum offer of tank trucks and minimum owned tank trucks as perclause 11(a) above. These RO dealers shall earmark the owned tank trucks as perrequirement for their own supplies and these tank trucks shall not be used for othertransportation work. In case the RO dealer not earmarking tank trucks for their ownsupplies, the supplies to their retail outlet shall be made at the discretion of IOC.These RO dealers shall be evaluated as general tenderer and SD will be as applicableto General Tenderers.

(f) The owned tank trucks offered by the tenderer should be in their name i.e. Firm orPartner or Company or Proprietor. In case of partnership firm participating in thistender, the formation of such partnership firm shall not be later than date29.01.2015. The tender submitted by the partnership firm formed later than this dateshall be rejected. The partnership deed should be registered. Unregisteredpartnership deed will not be considered and tender is liable to be rejected.

12. Age (As mentioned in RC book) of Tank Truck offered shall be as prescribed by LocalLaws and in any case shall not exceed 15 years as on the closing date of tendersubmission. In case only year of manufacturing is mentioned in the RC book, the age







35

should be reckoned from 1st January of the year of manufacturing. In case bothmonth and year of manufacturing is mentioned in the RC book, the age should bereckoned from 1st day of the month of manufacturing. The Tank Trucks attaining the

age of 15 years during the contractual period shall be removed from the contract.Replacement within 30 days with another eligible Tank Truck having age of less than15 years shall be the responsibility of the concerned transport contractor.Dispensation beyond 30 days can be with the specific approval of the StateOperations Head.

13. The estimated number of Tank Trucks shown in tender notice is indicative and issubject to change. IOCL reserves the right to contract additional Tank Trucks.

14. Pre-Bid Meeting :-

Tenderers are invited to attend a meeting scheduled at 1430 hrs on 06.02.2015 atthe address given below:

Address :Indian Oil Corporation Limited (M.D.)Mathura Marketing Terminal,Near Baad Railway Station,


The salient features of the techno-commercial issues in tender will be informed in the

pre-bid meeting and clarification required by tenderer will be answered.

15. Tenderer should submit all the details and enclosures as has been asked for in thetender form. In case any of the information is not applicable to the tenderer, "Notapplicable" may be written against such item. Not submitting any information/enclosure sought for may be a ground for rejecting the tender.

16. Tenderer may witness the opening of tender on the appointed date and time bysending authorized representative.

17. Tank trucks quoted in this tender should have all valid documents such as explosive

license, registration certificates, etc, at the time of submission of bids. Temporaryexplosive permission will not be considered. The genuineness of explosive license isto be mandatorily verified by State Office from www.peso.gov.in and that of TTregistration from state specific site (where ever applicable)on internet beforeissuance of LOI. (Both during award of transport contract and TT replacement).

18. The documents of the Tank Trucks offered shall be liable for verifications. If forgeddocuments are submitted or any information is found to be incorrect, the tendershall be rejected and if the contract is awarded and detected subsequent to award ofcontract, the contract shall be liable to be terminated, all TTs blacklisted on industrybasis as per ITDG and IOC shall be entitled to recover such damages/ losses/ claims/

etc as the IOCL may undergo. The Security Deposit (SD) will be forfeited.










36

19. IOCL can appoint third party for verification of documents, inspection of tank trucksfor construction of tank, safety fittings, etc, as per approved explosive drawing,IOC’s safety aspects requirements and other specific requirements such as security

locking system, vehicle tracking system, bottom loading arrangements, colourscheme of tank trucks, etc.

20. Tank trucks blacklisted by any of the Oil companies are not eligible to participate inthe tender.

21. Tenderers willing to participate in the tender shall have to necessarily sign theIntegrity Pact Agreement attached with the tender document and submit along withthe Technical/ Commercial Bid.

22. The tenderers shall, while quoting the percentages for transportation, take into

consideration the provisions of the Carriage by Road Act, 2007 and rules theretoand the hazardous nature of the POL products and the liability to pay the loss fornon delivery/damage to the product at higher risk rate.

B. Evaluation of the tenderers:

1. This Public Tender is floated in two bid system i.e. technical bid & price bid. Firsttechnical bid shall be opened on scheduled date and shall be evaluated. Price bids ofonly the technically qualified tenderers, based on technical evaluation, shall beopened on a notified date.

2. Price bid includes offer for transportation rates in four different items in categories of

12 KL and 18-40 KL as detailed below:

a. Rate in Rs. per KL (for 12 KL TTs).b. Rate in Rs. per KL per KM (for 12 KL TTs)c. Rate in Rs. per KL (for 18 - 40 KL TTs).d. Rate in Rs. per KL per KM (for 18 - 40 KL TTs)

Tenderers shall quote single percentage and the same will be applicable for all theabove items and transportation charges whichever is higher for the same volume ofproduct transported shall be payable.

3. IOC shall offer “Estimated POL transportation rate” for the above four items andtenderers to quote percentage within (+/-) 10% of the offered estimatedtransportation rate. The tenderers quoting beyond (+/-) 10% of any of the estimatedtransportation rates shall be treated as disqualified and their tender shall be rejected.

During contract period, in case tank trucks are deputed to locations/ destinations inother states for the transportation of POL product, then any statutory levies (roadpermit charges, taxes, etc) shall be reimbursed on actual on production of receipt.The period of statutory levies shall be decided by IOCL.

4. Ranking of the tenderers i.e. L-1, L-2, L-3, etc shall be decided on minimum financialoutgo to IOCL by considering the percentages quoted for all the four items andexpected volumes of business.







37

5. Tenderers shall be listed in ascending order as per their ranking. Tenderer withminimum financial outgo to the Company shall be ranked L-1. Tenderer with the

next lowest financial outgo shall be ranked L-2 and so on. The list shall include allthe technically qualified tenderers in the ranking based on the rates quoted by themalong with the number of Tank Trucks offered.

6. In case rates offered by L-1 tenderers are acceptable to IOC, then this L-1 rate(once established) shall be offered to all the RO Dealers/ Direct Customers who areoffering Tank Trucks only for their own supplies. RO Dealers offering tank trucks forsupplies to consortium of RO Dealers and RO Dealers earmarking owned tank trucksfor their own supplies shall be allocated on acceptance of L-1 rate at the firstinstance. The TTs offered by L-1 tenderers shall be allocated up to the requirement.In case of RO Dealers who have earmarked owned tank trucks for their own

supplies and also offered tank trucks for general transportation work, the tanktrucks offered for general transportation work shall be evaluated as per originalranking.

7. In case rates offered by L-1 tenderers are not acceptable to IOC then IOC has thediscretion to negotiate with L-1 tenderers and in such cases negotiations/ counteroffer exercise shall be carried out with such tenderers, then the process forallocation of tank trucks on this revised L-1 rate accepted by L-1 tenderers shall beas per para 6 above.

8. In case, Tank Trucks offered by L-1 tenderers is not meeting full requirement then

the L-1 rate/ revised rate accepted by L-1 tenderers would be offered to all theremaining successful tenderers. Based on their ranking and acceptance by thetenderers, Tank Trucks shall be allocated at above rates till full requirement of TankTrucks is met.

9. In case, for a particular ranking, Tank Trucks offered are more than therequirement, then the tenderers in that particular ranking shall be further rankedbased on the following order of priority and allocations shall be made only till suchtime the full requirement of Tank Trucks is met. The tenderers who are rankedlower in that particular ranking may not get any allocation.

i) Tank trucks offered by RO Dealer/ Direct Customer.ii) Average age of the fleetiii) Maximum number of owned TTs offered.iv) Maximum number of TTs offered by the tenderer.v) Tenderer offering highest number of 18 KL & above TTs.

10. In case requirement is not met by the Tank Trucks offered by the tenderers acceptedL-1 rate/ revised rate accepted by L-1 tenderers, negotiations/ counter offer exerciseshall be carried out with the tenderers who are at highest ranking (in order of L-2, L-3 and so on) amongst remaining tenderers who have not accepted above rates. TheTank Trucks offered by these tenders accepting L-2 rate shall be allocated up to therequirement.







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11. In case, Tank Trucks offered by the tenderers accepted L-2 rate is not meeting fullrequirement then the L-2 rate would be offered to all the remaining successfultenderers who have not accepted L-1 rate/ revised rate accepted by L-1 tenderers.

Based on their ranking and acceptance by the tenderers, Tank Trucks shall beallocated at above rates till full requirement of Tank Trucks is met. In case therequirement is still not met, IOC shall have the option to continue the above processor to have group negotiations with the remaining tenderers who have not acceptedL-1 rate/ L-2 rate.

12. The technically qualified SC/ ST/MSME tenderers shall be ranked separately. TankTrucks offered by these technically qualified SC/ ST/MSME tenderers shall beallocated as per Govt. of India directives and shall have preference at each step ofthe evaluation above.

13. The allocation of 12 KL and 18 KL and above, Tank Trucks shall depend upon offersby the successful tenderers as per above evaluation and as per NIT requirement.Total number of 12 KL and 18 KL and above, Tank Trucks indicated in the NIT mayvary considering scope of work.

C. EARNEST MONEY DEPOSIT (EMD):1. Earnest Money Deposit (EMD) of Rs. 5000/- per TT (Rupees five thousand only per

TT) in the form of DD/ Pay Order is to be submitted in original and dropped intender box kept in our office at address given below by the due date and time oftender i.e. 11:00 hrs on 27.02.2015.

Indian Oil Corporation Limited (M.D.)Mathura Marketing Terminal,Near Baad Railway Station, Vill & PO - Bhainsa,Behind Mathura Refinery,Mathura – 281005 (U.P.)

Tenderer’s not paying EMD will be disqualified.

Bidder is also required to upload the scan copy of EMD (DD/Pay Order) along withthe tender

2. A cash receipt shall be issued for the EMD, after the tenders are opened andscrutinized. The tenderer for obtaining subsequent refund should retain the cashreceipt.

3. Cheques or request for adjustment against any previously deposited EMD/ pendingdues/ bills/ security deposits for other contracts etc. shall not be accepted as EMD. Any tender with such stipulation shall be treated as without EMD and shall berejected.

4. Interest is not payable on EMD.

5. EMD submitted by a tenderer shall remain with IOC till validity of the tender asextended from time to time. EMD would be refunded only after finalization of tender







39

subject to submitting original cash receipt. In case, however, the tenderer commits abreach of the tender terms which defeating the purpose of EMD, IOCL shall haveright to forfeit the EMD.

D. NEGOTIATIONS:

1. IOCL reserves the right to negotiate with any or all the tenderers.

2. Tenderers may be required to visit IOC office or any other office of IOCL fornegotiations/ verification of documents, entirely at the cost of tenderers.

3. Tenderer or the authorized representative of tenderer may personally attend suchnegotiations, as commitments made and/ or clarifications given during thenegotiations shall be binding on the tenderer/s. He/ She should carry the necessaryauthorization to attend such negotiations and to hand over an authenticated copy of

the same to the IOCL’s representative/s participating in negotiations.

4. Originals of the documents submitted as copies along with the tender documents, aswell as documentation to substantiate statements made in the tender document areto be produced for verification by the IOCL at any time at the discretion of IOCLduring technical evaluation.

5. All LOI holders will be informed by a separate communication to produce the TTs atthe location on the specified date and time along with the original documents forverification before the issuance of Work Order. Location/ bidder must ensurecompliance to all tender conditions like safety fittings, locking, colour coding, ABS etc

before being recommended by location for issuance of Work Order by State Office.E. SECURITY DEPOSIT (SD):

1. Successful tenderers shall be required to furnish SD within 15 days of issuance ofLOI at the following rates:

(a) The security deposit shall be Rs.8,00,000/- per contract for general tenderers.

Minimum of Rs. 80,000/- shall be paid in the form of Demand Draft drawn on anyScheduled Bank in favour of “Indian Oil Corporation Ltd. (M.D.)” and balanceamount may be deposited in the form of Bank Guarantee strictly in specifiedperforma, valid for six months beyond the maximum possible tenure of the contract.

(b) For existing RO Dealers/ Direct Customers of IOCL and SC/ ST tenderers, the SDshall be Rs. 50,000/- per contract irrespective of the number of Tank Trucks offered.Concessional SD shall be applicable only to the RO Dealers/ Direct Customers whoare applying in the name of their dealership/ firm and participating for the location,which is their normal supply source, under the categories of own supplies thruowned tank trucks.

(c) The security deposit shall be Rs.8,00,000/- per contract for those Dealers who areparticipating in the tender of the location other than his normal supply location or asGeneral tenderer.







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2. Adjustment of EMD towards SD is permissible for the portion of SD payable by DD.Cash receipts for SD paid by DD shall be issued by the IOCL.

3. Interest is not payable on SD.

4. Any loss/ claim and/ or damage arising out of the performance of the contract wouldbe adjustable against the SD. Any loss/ claims/ damages higher than SD shall berecovered from payments due to the contractor under this contract or deposits madeby or payments due to the contractor under any other contract with IOCL.

5. Security deposit would be refunded after expiry of six months of completion of thecontract on written request from the contractor and with surrender of the originalcash receipt. In the event of loss/ misplacement of the cash receipt of the SD, therefund would be made only after the contractor furnishes an Indemnity Bond in the

prescribed proforma, on non-judicial stamp paper of appropriate value (atcontractor’s cost), duly notarized.

6. Separate SDs are to be submitted for each contract with IOC.

7. Successful tenderer subject to compliance of all or any other requirement shall beentrusted with transportation work only after signing of Agreement format enclosedand payment of Security Deposit amount.

8. Security Deposit will be forfeited in case of transport contracttermination/blacklisting.

F. CONTRACT PERIOD:

Unless otherwise specified or agreed to, the contract is awarded for 3 (three) yearswith option for extension up to 2 (two) more years at the sole discretion of the IOCLat the same rates, terms and conditions.

G. EXECUTION OF AGREEMENT:

1. Successful tender/s shall be required, before undertaking the contract, to executethe Agreement and furnish required Security Deposit within 15 days of the date ofissue of the LOI and should physically place the TT at the location within 15 daysfrom the issue of Work Order. In case of failure, IOCL shall have the right to rejectthe induction of such TTs.

2 Specimen agreement format is enclosed along with tender documents. Tenderersare advised to carefully scrutinize the same before submitting their tender.

3. When the person signing the tender is not the authorized signatory, necessarypower of Attorney authorizing the signatory to act on behalf of the proprietor/ firmshould be produced before signing the agreement, and an authenticated copy of thepower of Attorney should be submitted for the record of IOCL.

4. Failure to execute the agreement and/ or furnish required Security Deposit within 15days time of issuance of LOI and/ or physical placement of TTs for loading at thelocation within 15 days time from issuance of Work Order may render the tenderer







41

liable for forfeiture of Earnest Money Deposit and termination of contract withoutprejudice to the rights of the IOCL to recover the damages under Law.

5. All terms & conditions stipulated in the Notice Inviting Tender, Guidelines forTenderers, Tender Terms & Conditions, Declarations, Agreement and otherdocuments furnished with the Tender and related correspondence shall form part ofthe contract.

H. RESERVATION:

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

(b) Save as otherwise provided, the SC/ST members should fulfill all tender conditions,and shall not be eligible for any price preference or relaxation of standards.

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

(d) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd.Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all thepartners or members of private / Public / Cooperative firms belonging to the samecategory without exception, i.e. either SC or ST as the case may be. The partnershipfirm should be registered. Unregistered partnership firm is liable to be rejected.

(e) Caste certificate for each individual member of a Partnership/ Public/ Private/Cooperative Firm should be enclosed as proof along with the technical bid.(f) In the event of any of the members failing to submit the caste certificate as proof of

belonging to SC/ ST category, the tender shall be treated as a general categorytender.

(g) The registered owner/s of the Tank Trucks offered by the SC or ST tenderer/s mustalso belong to the same category, either SC or ST, as the case may be. In otherwords, if the tenderer is issued LOI/ Work Order under SC category, all theregistered owners of the Tank Trucks offered against the particular LOI/ Work Ordermust also belong to SC. Cast certificate of registered owner of tank truck offeredshould be enclosed as proof along with the technical bid.

(h) If any of the Tank Trucks offered do not belong to a member of the categoryconcerned, i.e. SC or ST, as the case may be the tender shall be treated as undergeneral category.

I. MISCELLANEOUS:

1. (a) The tank trucks offered by the tenderers are to be painted as per IOC colorscheme including advertisements as per specimen attached with this tender. Tanktrucks awarded contract shall compulsorily be painted as per IOC color schemebefore placing the TT at the location. IOC reserves the right to place subsequentadvertisements on the body of the TT or otherwise at IOC’s cost. (b)The Tank trucks offered by the tenderers are to be provided with domecover/valve box & security locking arrangement as per IOC design.







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2. The contractor’s shall have to provide specified number of Tank Trucks for operationwithin the state where the loading/ unloading locations are situated and within thesame state and sections where axle load restrictions are imposed, they shall supply

T/T’s meeting axle load restrictions.

3. IOCL reserve the right to reject the tender of any or all the tenderers withoutassigning any reason whatsoever at its absolute discretion. IOCL reserves the rightsto withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

4. IOCL reserve the right to accept all or some of the Tank Trucks offered by thesuccessful tenderers, without assigning any reason whatsoever. The decision of theIOCL shall be final and binding.

5. IOCL shall have the right to assign the Tank Trucks offered in any one tender to any

contract in any other State Office/ Region/ Location, on any route, temporarily orpermanently, and the decision of IOCL shall be final and binding on the successfultenderers/ contractors.

6. The Tank Trucks offered should comply at all times with valid permits, rules and

regulations of Statutory/ Government authorities. Explanation for one factor As per the petroleum rules 2002, clause 64, the net carrying capacity of atank shall be 97% of its gross carrying capacity in case of Petroleum Class ‘A’and Petroleum Class ‘B’ and 98% in case of Petroleum Class ‘C’. Themaximum safe carrying capacity (in weight) of petroleum that can be carriedin a tank vehicle shall not exceed the difference between the unladen weight

of the vehicle and the maximum gross weight permitted for the Class ofvehicle under the appropriate transport regulations.

7. Wherever the word T/T or Tank Truck or TTs has been mentioned, the same appliesto Petroleum Product Tank Trucks.

8. No unsolicited correspondence/ queries shall be entertained while the award of thetransport contract is under review/ consideration. IOCL regret their inability toanswer individual queries.

9. If any of the information submitted by the tenderer is found to be incorrect at any

time including the contract period, IOCL reserves the right to reject the tender/terminate the transportation contract without prejudice and any or all rights andremedies available. The Security Deposit (SD) will be forfeited

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

11. The contractor shall be required to provide the following on all the tank trucksoffered at their risk & cost:







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a) Contractor shall procure and install Vehicle Mounted Unit (VMU) along with fittingson all the tank trucks as specified by IOC. The contractor shall be responsible toupgrade VMUs and allied fittings/ system as and when directed by IOC. The

contractor shall be entirely responsible for tampering of VMU or its fittings. In caseof not working of VMUs, company reserves the right of not accepting such tanktrucks for loading and utilizes the services of other tank trucks.

b) Security locking system and any modification in security locking system as and whenrequired as specified by IOC. Tenderer shall be required to provide suitable fittings intank truck for providing Security Locks as per the design/ modifications specified byIOC.

c) Bottom loading system as specified by IOC wherever required. The tenderer shall berequired to provide suitable coupling/ adopter to be fitted on the Tank Trucks.

d) All tank trucks offered for carrying hazardous goods shall be fitted with Anti-LockBraking System conforming to IS:11852:2003 (part 9). Tenderer shall provide

certificate w.r.t. ABS provision on tank truck.

12. All the TTs have to have calibration certificate certified by W&M. Tenderers shall berequired to calibrate the TT at IOC premises or at the place directed by IOC. Cost ofcalibration shall be borne by the tenderer.

13. Company would distribute transportation work equitable amongst general tenderersas far as practicable based on actual reporting of TTs.

14. For carrying out Hot work in TT, engaged in transportation of POL products, certainprecautions need to be taken. Tenderer should ensure all the safety precautions, as

directed by company from time to time, are taken before and/ or during hot work inTTs.

15. The term “IOC”, “IOCL”, IOC (M), “The Corporation” and “Indian Oil CorporationLtd. (M.D.)” in the appropriate context means Indian Oil Corporation Limited, aCompany registered under the Companies Act, 1956 and having its registered officeat G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai- 400 051 and its successors andassigns.

J. DUPLICATION OF CLAUSE:

In case of any difference of interpretation of any of the terms of this tender or

agreement, those specified in the agreement shall prevail.

Signed in acceptance of the aforesaid tender conditions.

Place:


Tenderer's Name and address with seal___________________***********************

(space for photograph)







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Attachment-8

BULK PETROLEUM PRODUCTS ROAD TRANSPORT AGREEMENT

THIS AGREEMENT made ______________ day of ________ 20__ between Indian OilCorporation Limited a Company registered under Indian Companies Act, 1913/1956 havingregistered office at G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai- 400 051 hereinaftercalled `THE COMPANY' (which expression unless repugnant to the context shall include itssuccessors and assigns) of the ONE PART and M/S _______________________________________ a Proprietorship / Partnership Firm /

Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE CARRIER” or Carrier (whichexpression shall be deemed to include legal heirs and executors of the present constituentsin case of firm or official liquidator in case of Company) of the OTHER PART.

WHEREAS the Company is engaged in refining Crude oil and storing, distributing andselling of the petroleum products and for this purpose require Tank Trucks for Roadtransportation of bulk petroleum products from their various storage points to customers /other storage points.

WHEREAS the Carrier is engaged in the business of operating Tank Trucks and is

interested in above transportation job of the Company.

AND WHEREAS the Carrier has offered its services of transportation of POL productand the Company is agreeable to accept the same on certain terms & conditions.

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

1. The Carrier shall provide the Company with _____ no. of Tank Trucks fortransporting petroleum products as per LOI / Work Order issued by the IOCL. Carrierhas certified that it is the owner and also sufficiently entitled to operate these TankTrucks throughout the Agreement period and these Tank Trucks are not under

Agreement with any other party. Further, these Tank Trucks shall remain underexclusive use with the Company throughout the Contract period.

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

(b) In the event of re-sitement / change of loading location of the Company, TankTrucks attached to the old loading location would get automatically attached to there-sited / changed loading location and the applicable transportation rate will be theexisting rate applicable to the transporter at his base location or the L1 rate of thenew location, whichever is higher.







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(c) In case of exigency, Company would be entitled to utilise any Tank Truck attached toa particular loading location for bringing the petroleum products (bridging) fromanother loading location to the base loading location, where the Tank Truck is

contracted. In such event, the rate as detailed in LOI / Work Order issued to theCarrier at the base loading location shall be applicable. In case of any disputesarising out of such movements, the terms and conditions including Arbitration Clauseof this Agreement would be applicable.

(d) IOCL shall have the right to assign the TTs under contract in any location to anycontract in any other State Office / Region / location, on any route, temporarily orpermanently, and the decision of IOCL shall be final and binding on the tenderers /contractors. In such case if the TT is assigned to any other contract in any otherlocation, the applicable transportation rate will be the existing rate applicable to thetransporter at his base location or the L1 rate of the new location, whichever ishigher.

(e) In case the Company desires to change the basis of loading of Tank Truck i.e.volume to weight or vise versa, the transportation rates shall be altered taken intoaccount of various factors such as density, temperature, etc, of the products fordetermining standard conversion factor at the discretion of Company.

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

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

(a) Maintained in sound mechanical conditions and having all the fittings up to the

standards laid down by the Company from time to time.

(b) Meeting the following:i. Tank truck are to be painted as per the style of IOC color scheme at the cost of

Carrier. Additional declarations are made in Emergency Information Panel, logosand advertisement of the specified Brand names as directed by IOC, etc ispainted at the cost of Carrier. The Carrier shall ensure that panels are providedon the tank truck for display of Oil Company Brands as specified by Oil Companyon regular basis.

ii. Tank tucks should be epicoated and / or chambers are cleaned periodically asdirected by IOC from time to time.

iii. All tank trucks must be fitted with standard type retractable safety seat belts forboth driver & cleaner.

iv. crew members report in neat & clean uniform.v. Safety helmets/safety shoes for crew members.vi. Have adequately trained Crew (driver and cleaner) for efficient operations and

training to TT drivers under Motor Vehicle Act & obtaining the endorsement onthe driving license from RTO would be the responsibility of Carrier.

vii. Drivers’ health check up and medical certificate is submitted to location at thetime of engaging and subsequently once in six months.

(c) Confirm to the statutory regulations like Indian Petroleum Act, Petroleum Rules,

Motor Vehicle Act etc. as applicable from time to time. Explanation for onefactor







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As per the petroleum rules 2002, clause 64, the net carrying capacity of atank shall be 97% of its gross carrying capacity in case of Petroleum Class ‘A’and Petroleum Class ‘B’ and 98% in case of Petroleum Class ‘C’. Themaximum safe carrying capacity (in weight) of petroleum that can be carriedin a tank vehicle shall not exceed the difference between the unladen weightof the vehicle and the maximum gross weight permitted for the Class ofvehicle under the appropriate transport regulations.

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

(e) Be equipped with sufficient number of rubber hoses having suitable couplings at both

ends, bonding/ earthing with heavy-duty crocodile clips and dip-rods duly certified byWeights & Measures Department.(f) The officials of the Company would be entitled to inspect at any time, the Tank

Trucks and / or the documents of the Carrier / its crew is liable to carry under anystatute / regulation or this Agreement. Further, Carrier shall submit to the Companycertified true copies of calibration certificate and Explosive Licence and their renewalsfor every Tank Truck.

(g) IOCL can appoint third party for verification of documents, inspection of tank trucksfor construction of tank, safety fittings, etc, as per approved explosive drawing,IOC’s safety aspects requirements and other specific requirements such as securitylocking system, vehicle tracking system, bottom loading arrangements, colourscheme of tank trucks, etc.

(h) The transporter shall ensure that they have completed the requirements under theCarriage by Road act, 2007 and the rules thereto.

(i) Anti-Lock Braking System: All tank trucks offered for carrying hazardous goodsshall be fitted with Anti-Lock Braking System conforming to IS:11852:2003 (part 9).Tenderer shall provide certificate w.r.t. ABS provision on tank truck.

4(a) The Tank Trucks listed in the LOI / Work Order shall be made available to theCompany at all times during the Agreement period at the loading location. In case ofnon/irregular reporting action will be taken as per ITDG including blacklisting ofTTs/Termination of contract.

(b) In case any of the Tank Trucks is not made available by the Carrier on any day,

Company would be free to use the services of any other Tank Truck and recover thedifference in transportation charges from the Carrier.

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

(d) Age of the Tank Trucks offered should not exceed 15 years on the closing date oftender submission or as prescribed by local laws whichever is less. Company shallremove the Tank Trucks attaining the age of 15 years during the contractual period.Carrier shall ensure replacement with another Tank Truck having age of less than 15years in 30 days. In case Carrier fails to provide replacement within 30 days,







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Company shall be free to engage any other Tank Truck. Dispensation beyond 30days can be with the specific approval of State Operations Head.

5(a) Carrier shall be responsible for all taxes, transit, levies and other costs of running theTank Trucks / transportation business (except Service Tax, that will be borne by theCorporation), which shall also include-

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

ii) Payment of road tax, insurance and any other fees like permit, route fee etc.,levied by statutory authorities of the base State. For any inter-Statemovement, taxes will be reimbursed by IOC on production of OriginalReceipts.

iii) Cost of fuel, lubricants, tyres, repair etc;

iv) Calibration fees and other fee payable to Weights & Measures Department;v) Compensation or any other benefit payable to Tank Truck Crew and it’s other

staff or third party under any statute or regulation both under regularworking and arising from accident including damage caused to the person orproperty of the Company.

(b) Payment of toll tax, bridge and Octroi will be reimbursed at actual on production ofreceipts. The transporters should submit receipts of toll tax, / octroi/ bridge alongwith the concerned copy of invoice to the location for reimbursement. Thisreimbursement claim has to be taken by the transporter within three months andcompany will not be under obligation to make such payment after expiry of three

months, if the same is not claimed by the transporter within three months of closureof the month to which the bills pertain. Any kind of claim of the transporter will notbe entertained if submitted after three months of tender expiry. The transportersshall have to intimate to the supply location-in-charge in writing, the introduction ofnew toll gates/octroi along with notification, failing which toll claim for theintervening period ( date of introduction of new toll and date of claim) will not bereimbursed. On location receiving this information from the transporter, willintimate pricing and retail sales for incorporating in price build-up of the dealer /consumer.

(c) Carrier shall indemnify and keep Company indemnified against any loss/ damagewhich Company may suffer as a result of non compliance of above requirements. Incase, Company is made liable to pay any part of cost, the same shall be recoveredfrom the Carrier, any payment due within this contract or otherwise. The Companyshall not be obliged to contest any claim made upon it for payment.

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

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

(f) The Carrier shall comply with all statutory provisions relating to his trade / business /profession including his own employees or employees engaged by the Carrier andIOCL shall not be responsible for his omission or commission.







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6(a) The Company shall pay to the Carrier either through electronic payment system invogue for the transportation work undertaken from the loading location and at the

rates detailed in LOI / Work Order. This rate shall be valid for all roads and weatherconditions and are calculated from loading location.

(b) The above rates are subject to escalation / de-escalation as per formula given inSchedule- A, B & C. On escalation of rates as per Schedule C at the end of the thirdyear, further escalation on this rate for 4th and 5th year will also be guided byescalation/ de-escalation as per Schedule A & B.

(c) The transport charges payable under this Agreement are based on shortest routeapproved by the Company on the round trip basis (called RTKM). A list of currentRTKMs applicable to storage points where subject Tank Trucks are based, areavailable with concerned storage point.

In the event the distance for a particular RTKM gets reduced / increased, it shall bethe responsibility of the carrier to bring the same to the notice of the company, inwriting, forthwith. On receipt of this information the company shall re-verify theRTKM and communicate the new approved route to the carrier. The date of such firstwritten intimation to the Company by any of the Carrier shall be the basis forreduction / increase in RTKM.

In case of failure of the carrier to give such intimation to the Company, the datementioned in the written communication issued by the concerned local Govt. Authorities / the Company shall be binding on the Carrier and the Company for thepurpose of revision of RTKM payable / recoverable on account of such revision. The

date of intimation by the Carrier or the effective date mentioned in the writtencommunication of the Government / Company, which ever is earlier, shall be thedate from which the increase / decrease in RTKM to be made effective. No recovery /payment shall be made, if variation in RTKMs are within the limit of +/- 10 RTKMupto a distance of 750 RTKMs and +/- 20 RTKMs for distance beyond 750 RTKMs,however, company at its sole discretion may revise these limits from time to timewhich shall be binding on the carrier.

(e) Company reserves the right to use the Tank Trucks on their return trip based onCompany's own operational convenience / requirement for delivery of petroleumproducts. Payment in such case would be made only to the extent of any additionaldistance covered beyond the normal RTKM route for which the movement wasundertaken.

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

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

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







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(i) The Carrier shall provide consignment notes for each consignment loaded on a dailybasis to the loading location.

7(a) The tenderer shall deposit a sum of Rs. 8,00,000/- as Security Deposit for duefulfillment of terms of this Agreement. This sum shall not bear any interest. Further,Company would accept bank guarantee of the balance amount (Rs. 80000/- as DDand balance as Bank Guarantee) valid till 6 months after the expiry of the Agreementas part of Security Deposit. SD will be forfeited in case of transportation Contracttermination/blacklisting. However for dealers quoting for own use/consortium andtenderers under SC/ST category, SD will be Rs 50,000/- per contract.

(b) Company shall be entitled to adjust any sum due to it from the Security Depositamount and / or any transport / other charges / dues pending for payment to theCarrier against any other contract. The decision of the Company shall be final andbinding on the Carrier.

8(a) The Carriers shall be responsible for loading and discharging of the Tank Trucks. Allthe instructions of the Company with regard to the same shall be binding on theCarrier.

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

9(a) The Carrier shall be responsible for quantity and quality of the products received byhim for transportation. It shall be responsibility of the Carrier to check the quantityand quality of the products received by him at the Dispatch Storage Point beforeacknowledgement of the products. Acknowledgement by any member of Crew of the

Tank Truck or by any other authorized person of the Carrier by way of signing on theChallan or any other Dispatch Document shall be sufficient proof of acceptance ofproduct quantity and quality by the Carrier. The Carrier shall be responsible of theproducts till the products are acknowledged at the Receiving location.

(b) The Carrier shall comply with and give full cooperation to the Company in meetingthe requirement of prevailing ‘Marketing Discipline Guidelines’ as applicable to them. A copy of the ‘Marketing Discipline Guidelines’ can be obtained from the Company, ordownloaded from IOC’s website, and Carrier must acquaint themselves with thesame before operation.

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

(i) In case of quantity shortage of MS/ HSD/ Branded Fuels or any other POL product,recovery shall be made at the retail-selling price at the dispatch location or nonsubsidized market determined price of such product, whichever is higher andtransportation charges for the shortage quantity.

(ii) Without prejudice to any other right of Company including the right for terminationof agreement in case of variation in quality, Company at its' discretion may disposeoff the contaminated product and all expenses / losses and cost of product in thisconnection as determined by the Company shall be recoverable from Carrier.







50

10. Carrier shall be responsible for ensuring that:

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

Crew of Tank Truck.(b) All fittings in TT should be ISI marked. Each TT should carry two portable ISI

marked 10 KGs pressurized DCP fire extinguisher in an easily accessible positionaway from the TT unloading facilities and one portable 1 KG CO2 / DCP / Approvedequivalent fire extinguisher in drivers cabin. Company may ask for additional fittings / equipments as per requirement.

(c) Each TT should have security locking system arrangement as required by thecompany.

(d) Any security system (for e.g.: locking system) decided by company to guard againstmalpractices shall be unconditionally accepted by contractor. Cost of modification /modifications of fittings if any on TT shall be borne by the Carrier. Carrier shall be

responsible for safety / maintenance of such security systems.(e) Any Vehicle Tracking System (VTS) (for e.g.: Global Tracking System) decided by the

Company to track the movement of the Tank Truck shall be unconditionally acceptedby the Carrier. Contractor shall procure and install Vehicle Mounted Unit (VMU) alongwith fittings on all the tank trucks as specified by IOC. The contractor shall beresponsible to upgrade VMUs and allied fittings/ system as and when directed byIOC. The contractor shall be entirely responsible for tampering of VMU or its fittings.In case of not working of VMUs, company reserves the right of not accepting suchtank trucks for loading and utilizes the services of other tank trucks. Carrier shall beresponsible for safety / maintenance of the equipment and in case the equipment islost / damaged due to any reason, the Carrier shall replace the same at their own

cost. This is in addition to action as per provisions in ITDG.(f) Bottom loading system as specified by Company wherever required shall beunconditionally accepted by the Carrier and install the same in the Tank Truck. TheCarrier shall be required to provide suitable coupling/ adopter to be fitted on theTank Trucks. Cost of modification / modifications of fittings if any on TT shall beborne by the Carrier.

(g) Tank Truck delivers the product to the consignee specified.(h) The Crew has the correct delivery documents and TREM-Card.(i) Tank Truck follows the normal / approved route from loading location to receiving

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

recipient after ensuring that remittances are correctly drawn.(m) Handover receipted delivery documents and remittances pertaining to deliveries

made, to the Company on the same day and before accepting next load. In case,return of Tank Truck is delayed for any reason whatsoever, such documents andremittance are reached to the loading location within 24 hours of completing thedelivery.

(n) If the consignee so desire and is permitted by the Company, the Carrier shall allowsuch representative of the consignee to travel along with the Tank Truck.

11. While performing the trip for the Company under the terms of this agreement theCarrier shall take all necessary steps and exercise due diligence to prevent any







51

accident to the Tank Truck and products. However, in case of accident taking placeduring transportation the Carrier shall:

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

(b) Guard the Tank Truck and product till arrival of rescue agencies;(c) Arrange another fit Tank Truck to salvage the product from Accident Tank Truck;(d) Bring such trans-shipped / salvaged product to Dispatch Storage Point or other

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

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

Carriers by any statutory authorities.(b) The carrier should strictly adhere to “Industry Transport Discipline Guidelines” (ITDG)

as enumerated in Annexure-A to this agreement and to any amendment issued fromtime to time.

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

(b) The Carrier shall not cause or allow any change in the constitution of its firm withoutobtaining the previous written consent of the Company.

14. Neither party to this Agreement shall be liable for the non-performance of any of itsobligations under this Agreement so far as such non-performance is occasioned byconditions of the force majeure. The Force Majeure means natural calamities likefloods, earthquake and other acts of God and riots, etc.

The affected party shall give the notice to the other party of occurrence of any suchcalamities within a period of 24 hours of occurrence of such calamities. Theperformance of the respective obligations of the parties under this Agreement shallbe resumed as soon such calamities, which have resulted in the non-performancecease to occur.

15. This Agreement shall be valid for period of three years from the effective date asgiven in the LOI / Work Order with option at the sole discretion of Company toextend the same up to two more years on same terms and conditions. However,Company reserves the right to terminate this Agreement by giving two monthsadvance notice without being liable to give any reason or pay any compensation.

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

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







52

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

(c) If road permits or statutory licenses / permissions granted to Carrier / it's Tank

Trucks by transport or any statutory authorities is cancelled or revoked.(d) If any of the information submitted by the Carrier in the tender is found incorrect at

any time.(e) Breach of any of the terms or conditions of this Agreement by the Carrier.(f) If the Carrier commits or suffers to be committed any act which in the opinion of the

Company whose decision shall be final, is prejudicial to the good name / image ofthe Company or its’ products or its services.

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

(h) On the death or retirement of proprietor or any of the partners of the Carrier firm.However, in case, Company does not exercise this option, the Agreement shall

continue as between the Company and surviving / continuing partners of the Carrier.The legal representatives of the deceased partner or the retiring partner himself shallbe liable for all the obligation of the carrier incurred up to the date of death orretirement but shall not be entitled to claim from the company any portion ofSecurity Deposit.

Company shall account for Security Deposit to the surviving or continuing partners.The death or retirement of any partners shall be notified by the Carriers to theCompany in writing within 24 hours of such death or retirement.

16. All questions, disputes and differences arising under or in relation to this Agreement

shall be referred to the sole arbitration of the Director (Marketing) of the Company.If such Director (Marketing) is unable or unshalling to act as the sole arbitrator, thematter shall be referred to the sole arbitration of some other officer of the Companyby such Director (Marketing) in his place, who is shalling to act as such solearbitrator. It is known to the parties herein that the Arbitrator appointed hereunder isan employee of the Company and may be Shareholder of the Company. Thearbitrator to whom the matter is originally referred, whether the Director (Marketing)or officer, as the case may be, on his being transferred or vacating his office or beingunable to act, for any reason, the Director (Marketing) shall designate any otherperson to act as arbitrator in accordance with the terms of the Agreement and suchperson shall be entitled to proceed with the reference from the stage at which it wasleft by his predecessor. It is also the term of this Agreement that no person otherthan the Director (Marketing) or the person designated by the Director (Marketing)as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall befinal, conclusive and binding on all the parties to the Agreement and provisions ofthe Arbitration & Conciliation Act 1996 or any statutory modification or re-enactmentthereof and the Rules made there under and for the time being in force shall apply tothe arbitration proceedings under this clause. The venue of the arbitration shall beNOIDA.

17. The parties hereby agree that the court in city of NOIDA alone shall have jurisdictionto entertain any application or any award/s made by the Sole Arbitrator or otherproceedings in respect of anything arising under this Agreement.







53

18. This Agreement covers entire understanding between the parties. No alteration /variation of any of the terms of this Agreement shall be valid unless made with theconsent of both the parties and evidenced in writing duly signed by authorized

representatives of both the parties.

19. All notices and other communications to be given under this Agreement by eitherparty to the other shall unless otherwise specifically agreed be given in writing byRegistered Post or hand delivery against acknowledgement to the followingaddresses of the respective parties.

To, Dy. General Manager (Operations)Indian Oil Corporation Ltd.Operations Department, UP State Office - II,E 8, Sector- 1, NOIDA-201301, Uttar Pradesh

To, Name of Carrier, Address, __________

Signed and witnessed at ___________ on _________.For COMPANY

WITNESS :1.

2. M/s. _____________________

( Authorized Signatory)

For CARRIERSWITNESS:1.

2.M/s. ________________________

(PROP. /PARTNER/DIRECTORS)







54

PRICE BID

RATE SCHEDULE FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS

S No Item Capacity of TT

12 KL 18 - 40 KL

Estimates

1 Rate in Rs/KL

(To be filled by

State Offices

(To be filled by State

Offices

2Rate inRs/KL/KM

(To be filled byState Offices

(To be filled by StateOffices

3

Bidders Quote

(to quote with

either + or –

sign

( + ) Plus / ( - )

minus

(To be quoted by bidder)

1Tenderer to Quote within (+/-) 10 % of the estimated rates and in case

–

ve signedis not mentioned it will be taken as +ve

2 The quoted percentage applies to all the rates in the schedule

3

Transportation Charges in (Rs/KL or Rs/KL/KM) whichever is higher for the same

volume of product transported shall be payable and applicable from the loading

location

4

The rates finalized shall be valid for the entire period of the contract subject to

escalation/ de-escalation as per formula given in Schedule A, B & C

SCHEDULE -A

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

Increase/ decrease in the transportation rate in Rs. Per KL Per KM:

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

Q x Average KM/Lt







55

Where Q represents notional capacity of a Tank Truck and it is taken as 12 KL or 18 KL andaverage KM/Lt, is the distance, which a Tank Truck can run with 1 litre of HSD (loaded or

otherwise) for the purpose of calculations.

NOTE:

1. The retail-selling price of HSD as on the date 04.12.2014 will be the base price. Thetransportation rates shall be finalized based on this base price of HSD.

2. The escalation/ de-escalation of transportation rates will be allowed every quarteri.e. on 1st January, 1st April, 1st July and 1st October. In case of commencement ofthe new contract in between of the quarter period, the escalation/ de-escalation shallalso be applied from the dates mentioned above.

3. Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail

Selling Price) of HSD, which will be the weighted average of RSPs of HSD duringimmediate previous three months, and the new transportation rates arrived at on theabove dates shall be applicable for a period of subsequent three months.

4. Only the increase/ decrease in RSP of HSD at the State Capital cities (WithinMunicipal Limits) of the supply point concerned shall be considered and theescalation/ de-escalation factor shall apply for all the Locations coming under therespective State. In case of any dispute, the decision of the IOC shall be final andbinding.

SCHEDULE - B

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

Increase/ decrease in transportation rate in Rs. Per KL shall be increase/ decrease intransportation rate as per SCHEDULE - A in Rs. Per KL Per KM X Break even KMs(Break Even KMs means: where transportation (per KL) and (per KL per KM) become equal.)

Schedule C

Formula for working out One Time Escalation at the end of 3rd year of contract:

Let the rate at the end of the 3rd year of the contract be R in Rs/KL/KM.

Let H be the Retail Selling Price (RSP) of HSD in Rs/Ltr (As in Schedule A) at the end ofthe 3rd year of the contract.

The capacity of the tank truck is taken to be 12/18 KL and the average distance travelledby the tank truck in 1 ltr of HSD as considered by the State Office for each of itslocation. (For explanation of the formula, the same is taken as to be 4 Kms.)

The Fuel component F, is given by:

F = H ÷ (12) ÷ (4) = (H/48) in Rs/KL/KM







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The Non-Fuel Component N, is given by:

N = (R – F)

The increment of 5% is applied to N, which becomes N#, given by:

N# = (1.05) x N

The revised rate would be: (N# + F)

Illustration:

Let the rate R, at the end of the 3rd year of the contract be Rs. 1.95 per KL per KM.

Let the Retail Selling Price RSP of HSD, H, be Rs 45/- per Ltr.The Fuel Component in the above rate R is Rs. 0.9375 per KL per KMThe Non Fuel Component N = 1.95-0.9375 = Rs 1.0125 per KL per KM Applying the increment of 5% on Rs 1.0125 per KL per KM, we have:

N# = 1.05 X 1.0125 = Rs 1.0631 per KL per KM

The revised rate for the 4th and 5th years would be: 1.0631 + 0.9375 = Rs 2.00 per KLper KM.

For arriving at per KL transportation rates, formula as at Schedule B will apply at the end

of the third year to the per KL per KM rates as illustrated above.







57

Annexure-A

OIL INDUSTRY TRANSPORT DISCIPLINE GUIDELINES

1. INTRODUCTION

1.1 Objective

To evolve uniform Oil Industry Transport Discipline Guidelines (ITDG) fortransportation of bulk petroleum products by Tank Truck/ Tank Lorry (TT) for:

a. Delivery of products to Retail Outlets and Direct Customersb. Stock Transfers from one location to another, i.e. Bridging

1.2 Purpose

The purpose of Industry Transport Discipline Guidelines is to ensure that:

1.2.1 Petroleum products are filled in TT in accordance with Industry Quality ControlManuals.

1.2.2 Petroleum products are transported and delivered to dealers/direct customers

and receiving locations in good condition conforming to the specifications.

1.2.3 A well defined system of checks exists at various stages of handling ofpetroleum products.

1.3 Scope

1.3.1 The procedure/code outlined in these guidelines are only the minimumrequired in order to ensure quality and quantity of the petroleum productsduring receipt, storage, transit and delivery. Therefore, standard operatingprocedures with due regard to safety in handling of petroleum products ingeneral shall be followed as laid down in the respective safety and operationsguidelines/manuals. It is expected that such standard procedures will befollowed at all times in addition to the instructions contained in the followingchapters of these guidelines.

1.3.2 Changes, if any, in these guidelines will be advised through serially numberedamendments and will be displayed at the location notice board/website. Theamendment record (Annexure-I) of these guidelines shall be updatedaccordingly. These changes will be implemented with effect from the date ofits amendment.







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2. TRANSPORTATION

2.1 Transport Agreement

2.1.1 Industry Transport Discipline Guidelines (ITDG) shall be part of the transportagreement.

2.1.2 TT shall not be used for any product other than the designated petroleumproducts and will operate only for the Oil Company with whom the agreementhas been entered into.

2.1.3 Carrier shall ensure that TT is painted and maintained as per the colorscheme advised by the Oil Company from time to time. Carrier shall alsoensure that the name of Oil Company & Logo is prominently displayed on thetank of TT and the name of the base location in the information panel as perthe directions of the Oil Company.

2.2 Fitness of Tank Lorry

2.2.1 Carrier shall be responsible for providing a TT fit in all respects to carrypetroleum products and shall be transporting/delivering the same in good

condition, as per specifications, to the dealers/direct customers/receivinglocations and shall be held accountable for any malpractice/adulteration enroute.

2.2.2 TT shall be duly approved for its design/fittings by Petroleum and ExplosivesSafety Organisation (PESO) Department. The carrier shall be responsible forensuring that the integrity of the TT fittings is maintained in accordance withthe conditions laid down by the licensing authority at all times.

2.2.3 The original and a copy of the valid Explosives License shall be submitted tothe loading location. Original certificate shall be returned to the Carrier after

verification. TT shall carry valid Explosive License in original issued byPetroleum and Explosives Safety Organisation Department at all times.

2.2.4 TT without valid Explosives License shall not be utilized, unless authorized byPetroleum and Explosives Safety Organisation Department to use the TTpending renewal.

2.2.5 Carrier shall ensure compliance to various statutory rules and regulations,including provisions of Motor Vehicle Acts/Motor Vehicle Rules/The Carriageby Road Act in force at all times during the period of agreement.







59

2.2.6 Carrier as per the design given by the Oil Company from time to time shallprovide the product sealing/security locking/electronic sealing arrangements(security locking system) as advised by Oil Company from time to time. The

transporter to ensure that, the integrity of the locking arrangements ismaintained against any tampering at all the times.

2.2.7 Carrier shall ensure that the Vehicle Mounted Unit (VMU) along with fittings &fixtures installed on the TT for tracking of the TT is kept always in workingcondition and its on/ off operation is done according to the instructions givenby the Oil Company.

2.3 Calibration of Tank Lorry

2.3.1 The original and a copy of the valid calibration certificate shall be submitted tothe loading location. Original certificate shall be returned to the Carrier afterverification. TT shall carry valid Calibration Certificate in original issued byWeights and Measure Department at all times.

2.3.2 TT shall be calibrated for single capacity in line with MV Act/PetroleumRules/Weights & Measures Act.

2.3.3 Carrier to provide manhole on top of the tank in the geometrical center of thecompartment of TT.

2.3.4 Carrier to provide dip hole/dip pipe in the geometrical center of the manholewith manhole fittings duly welded.

2.3.5 Datum Plate height should not be more than 10 mm from the bottom plate andshould be shown in the drawing.

2.3.6 Tampering with calibration of vehicle in any manner shall be construed as amalpractice and penal action will be taken against the carrier as outlinedunder clause no. 8. Further, alleged product losses will be recovered from thecarrier from the date of last calibration.

2.3.7 The calibration of the TT should be done at the calibration facility provided bythe Oil Company or as directed by the Oil Company. Carrier shall produce TTfor verification/ checking as and when required by the Oil Company.

2.3.8 Carrier shall provide brass/aluminum dip rods individual compartment-wise orsingle dip rod as per prevailing W&M rules.

2.4 Tank Lorry Accident

2.4.1 In case of TT accident, the crew shall inform the nearest Police Station,loading location, carrier, nearest Oil Company location and shall guard the

vehicle as well as product.







60

2.4.2 Carrier shall arrange to transfer/salvage the product in another fit TTimmediately on receipt of the information, after obtaining permission from the

Oil Company and various statutory authorities. Proper safety precautions areto be followed while transferring the product from the damaged vehicle.

2.4.3 Carrier shall complete all the statutory formalities including lodging of FIR &shall submit accident report to the base location. Non-lodging of FIR, notreporting the accident to the Oil Company shall be construed as a malpractice& penal action will be taken against the carrier as outlined under clause no. 8.

2.4.4 Spilled or trans-shipped product salvaged in TT/ barrels shall be brought tothe loading location or the receiving location as advised by the Oil Company.

2.4.5 Draw three (six nos. in case of MS) composite samples (TMB), 1 liter eachfrom each TT compartment/ barrel in the presence of carrier/TT crew carryingthe salvaged product. Prepare sample tags as per specimen given in Annexure-II. Locking/ sealing of the TT/ barrel and sample containers andsigning on the sample tags shall be done jointly by the Oil Companyrepresentative and carrier/TT crew. One set of sample shall be sent to the OilCompany’s lab for testing, one set to be given to carrier/TT crew and one setto be retained at the location.

2.4.6 On receipt of test results from the lab, the carrier shall be suitably advised and

action taken.

2.5 Other formalities

2.5.1 Carrier shall engage TT driver who has undergone training on transportationof hazardous goods as stipulated under the Motor Vehicle Acts/Rules. Thedriving license of the driver should be endorsed by Road Transport Authoritiesto this effect.

2.5.2 Emergency Information Panels shall be correctly displayed on the TT asstipulated.

2.5.3 The TT registration number shall be painted on the fire extinguishers carriedby the TT.

2.5.4 Carrier shall submit details of TT crew, verification of antecedents of the TTcrew obtained from local Police and a copy of valid driving license of thedriver, duly endorsed by RTO for having undergone training for transportationof hazardous goods as per MV Act/Rules, to the base location and obtainentry pass from the location.

2.5.5 Before embarking for the delivery it will be carrier’s or his representative’s

responsibility to ensure that TT crew has :







61

a. Correct Challan/ Invoiceb. Correct TREM CARD and standing instructions

c. Switched on the VMU.

2.5.6 The crew of the tank truck who are signing the Invoice at the loading locationshould deliver product at the destination. In case of substitution of crew due toany reason, the same should be done only after obtaining permission from thelocation.

3. PRODUCT LOADING

3.1 Quality Control

3.1.1 Petroleum products shall be received, stored and delivered ex loadinglocations in accordance with Industry Quality Control Manual.

3.1.2 a. Sales document: Dispatch density of the product at 150 C Celsius shallbe indicated on sales document.

b. Stock transfer document: Dispatch temperature & density of theproduct at 150 C shall be indicated on stock transfer documents.

3.2 Sealing / Locking of Tank Lorry

3.2.1 Security locking of the TT shall be done in accordance with the guidelines ofthe Oil Company.

3.2.2 Carrier to ensure that the integrity of the security locking system is intact at alltimes.

3.2.3 Carrier shall ensure that the TT is always in locked condition (as per securitylocking system) including on its return journey except duringloading/unloading operation. Any act of tampering with the security locking

system shall be construed as malpractice and action shall be taken againstthe carrier.

3.3 Log ‘out’, ‘in’ Time System And Delivery Route.

3.3.1 The departure time from the loading location shall be recorded on theinvoice/stock transfer document itself by the loading location and thedealer/direct customer/ receiving location shall record the arrival anddeparture time of the TT on the same document.

3.3.2 Carrier shall ensure that the trip time and the VTS route specified for the

destination are strictly adhered to.







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4. PRODUCT RECEIPT

The procedure outlined hereunder is applicable for the receipts of product at thesupply locations, dealers and direct customers.

Responsibility towards handling of product shall be in accordance with the MarketingDiscipline Guidelines in force and Industry Quality Control Manual in force.

4.1 Actions to be taken on arrival of the TT

4.1.1 Recording of timings

Arrival & departure time of the TT shall be recorded in the deliverydocument. If a bridging TT is used for deliveries by receiving location, it shallreport back at the receiving location after completion of delivery.

4.1.2 Checking security locking system

4.1.2.1 The security locking system shall be checked and if it is found O.K thenproceed to clause 4.1.3. If found tampered, then it will be construed as amalpractice and action shall be taken as mentioned in clause 4.2 and 8.

4.1.2.2 Dip rod and Calibration checking

The dip rod should match the calibration chart provided by Weights &Measures for markings at the dip level, proof level and the total length.

4.1.3 Density checking

On arrival of TT, dealer / customer shall check the density @15 deg C ofproduct from each compartment. If the variation is found to be within +/- 3kg/cum as compared with the invoice density, steps as mentioned in clause

4.1.4 to be followed. However, if variation in the observed density is beyond+/- 3 kg/ cum, the TT shall not be unloaded and action shall be taken asmentioned in 4.5.1.

4.1.4 Retained Tank Lorry samples

If density check is found to be within +/- 3 kg/cum, dealer/dealer’srepresentative shall draw 2x1 liters of MS and/or 1x1 liter of HSD bottomsamples (composite samples from all the compartments proportionate to thequantity of the product received in each compartment after removingapproximately 20 liters of product from each compartment). Before drawingsamples, the empty aluminum sample containers should be rinsed with the







63

same product from the TT. Sample shall be sealed & labeled and jointlysigned by dealer / dealer’s representative and TT driver before unloadingthe TT.

The transporter will have the option to obtain another set of samples (2x1 literof MS and/or 1x1 liter HSD) duly labeled and jointly signed, for retention. Onsuch request from the transporter, dealer should hand over this set ofsamples against payment to the TT driver/transporter’s representative. Inaddition, the carrier/TT driver will have to pay a deposit of Rs.300/- persample container or as revised from time to time to the dealer.

In case the TT driver refuses to sign the label, TT shall not be unloaded anddealer shall contact supply location/field officer.

4.1.5 Marker Testing

The tank lorry may be subjected to the marker test en route or at the dealer /direct customer location premises. If the product carried through TT is foundfailing in the marker test then actions shall be taken as mentioned in 4.2.

4.2 Procedure for Dealing with Suspected Irregularities

The following procedure shall be followed for dealing with the suspectedirregularities.

a. Inform sales officer/ loading location.b. The TT shall be detained.c. The Sales officer/ loading location officer shall draw the samples as

mentioned in 4.3.d. The sales officer/ loading location officer, TT crew/ carrier’s representative

& consignee/ consignee’s representative, inspecting authority shallprepare a joint statement mentioning the compartment wise observeddensity / result of the marker test / status of the security locking systemand shall sign the statement.

e. In case of TT receipt at the location the loading location officer & TT crew/

carrier’s representative shall prepare a joint statement mentioning thecompartment wise observed density / result of the marker test / status ofthe security locking system and shall sign the statement.

f. The TT, thereafter, shall be sealed by the sales officer/ loading locationofficer and detained at the place of the consignee’s premises.

g. If the product passes in the lab test, the TT shall be decanted at theconsignee’s premises. If the product fails in the lab test, then the TT shallbe sent for the disposal of the product as directed by the Oil Company.

h. Action shall be taken against the carrier as outlined under clause no. 8.







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4.3 Sampling Procedure for Suspected Irregularities

4.3.1 At the dealer / Direct customer premises

The sales officer / location officer shall draw eight nos. composite samples(TMB) in case of MS (four in case of other products) of 1 liter each from everyTT compartment in the presence of carrier/ TT crew and consignee/consignee’s representative. Prepare sample tags as per specimen given in Annexure-II. Signing on the sample tags and sealing of the sample containersshall be done jointly by the sales officer/ loading location officer, TT crew/carrier’s representative and consignee/ consignee’s representative. One set ofsample shall be sent to the Oil Company’s lab for testing, one set to be givento carrier/ TT crew, one set to be given to consignee/ consignee’srepresentative and one set to be retained by the sales officer/ loading location

4.3.2 Receipt at the locations

The location officer shall draw six nos. composite samples (TMB) in case ofMS (three in case of other products) of 1 liter each from every TTcompartment in the presence of carrier/ TT crew. Prepare sample tags as perspecimen given in Annexure-II. Signing on the sample tags and sealing of thesample containers shall be done jointly by the loading location officer and TTcrew/ carrier’s representative. One set of sample shall be sent to the OilCompany’s lab for testing and one set to be given to carrier/ TT crew and one

set to be retained by the loading location.

4.4 Testing of samples at lab

The TT samples drawn by the sales officer / loading location officer at theconsignee’s premises shall be testedin the lab.If the product passes in the labtest, the TT shall be decanted at the consignee’s premises. If the product failsin the lab test, then the corresponding supply location retention sample shallbe tested. If the supply location retention sample passes in the lab test then itwould be construed as malpractice done by the carrier &action shall be takenas outlined in clause no 8. If the supply location retention sample fails in the

test then no action shall be taken against the carrier. In any case of failure ofthe TT sample, the TT shall be sent for the disposal of the product as directedby the Oil Company.

4.5 Testing of “Retained Tank Lorry Samples” at lab as per Clause no. 2.5(D)

of MDG of 2012 effective 08-01-2013.

4.5.1 Testing for specifications

Laboratory will test the RO sample, the last TT retention sample (TL1) and the

corresponding supply location sample (SL1) simultaneously and compare the

reproducibility / permissible limits of the test values. In case RO sample fails







65

and TL1 passes, then (the second last retention sample) TL2 & (supply

location sample corresponding to TL2) SL2 will be tested. In case TL2 fails

and SL2 passes, action shall be taken against transporter as per clause 8.1 ofITDG.

In case RO sample passes and TL1 fails, in the event of a request from the

transporter (not a dealer-cum-transporter) for testing his retained sample, the

same will be tested as per guidelines in presence of the field officer, dealer

and transporter after due verification of the samples. Its results shall be

compared with TL1 and SL1 results and decision of Oil Company shall be

based on the test results of these 3 samples (TT retention sample with the

dealer, SL sample and the TT retention sample with the transporter) and

would be decisive and binding on all. All samples should be tested in thesame Lab.

Note: While collecting the samples from RO for testing at the lab, the fieldofficer shall also collect TL2 in addition to TL1 and Nozzle sample sothat TL2 can be tested immediately upon failure of TL1.

4.5.2 Testing for Marker

If the product sample drawn from the retail outlet is found failing in the markertest then the last “Retained Tank Lorry samples” kept at the retail outlet shall

be tested for marker test. The marker test of “Retained Tank Lorry samples”will be carried out after giving prior notice to the dealer & the concernedcarrier so that they can be present at the test venue if they so desire forwitnessing the testing. Field officer or the representative of the divisionaloffice/ regional office/ territory office will also be present & conduct/ witnessthe marker test. This team will submit its report in the approved industryformat. If the “Retained Tank Lorry samples” is also failing in the marker testthen the corresponding location sample will be tested. If the supply locationsample is passing in the marker test then it shall be construed as amalpractice done by the carrier & penal action would be taken against thecarrier as outlined under clause no. 8.







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5. TANK TRUCK/TANK LORRY MONITORING

5.1 Carrier having agreement with the Oil Company for a TT shall not enter intoagreement with other company for the same TT. Carrier shall not enter intoagreement with the Oil Company for the blacklisted TT. If it is subsequentlyproved that the carrier has entered in to agreements with other Oil Companyfor the same TT then it shall be construed as malpractice & penal actionwould be taken against the carrier as outlined under clause no.8.

5.2 The TT/ Carrier/ transporter blacklisted by any one Oil Company shall be

construed to be black listed by all Oil Companies.

5.3 Carrier shall not enter into agreement with the Oil Company by submittingforged documents/ false information.

5.4 Bridging TT, only after verifying the product acknowledgement for theprevious trip, and seeking clarification in the cases where trip time hasexceeded, the TT will be accepted for loading.

5.5 In case a TT has not reported for delivery at the receiving location/destination

after a reasonable transit time, carrier shall inform loading location and

receiving location/destination the reasons for delay and likely date/time of

reporting. In case the Corporation does not find the reasons valid, action will

be taken as per clause no. 8.

Even in case of valid reason, not informing the delay as above shall be

construed as a malpractice and action will be taken against the carrier as

outlined under clause no. 8.

5.6 Bridging TT arranged by receiving locations shall be accepted only on the

basis of indent slips issued by receiving locations. The receiving location shallissue a serially numbered indent slip before it proceeds to the loading locationfor uplifting the product. In case of missing of such TT, action as mentioned initem 5.5 above shall be taken.

5.7 In case a TT is not received at the receiving location, action shall be takenagainst the carrier as outlined under clause no. 8.







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6. VEHICLE TRACKING SYSTEM

6.1 If VMU of the TT is not in working condition, it would be considered that theTT is not fit for loading.

6.2 Carrier or his representative shall inform the Oil Company within 30 minutesof stoppage of VMU functioning.

6.3 Carrier shall strictly follow the specified route stipulated by the Oil Company. Any unauthorized deviation from the specified route would be considered as amalpractice and action will be taken against the carrier as outlined under

clause no. 8.

6.4 If it is observed that the VMU, its fittings or fixtures installed on the TT isdamaged deliberately by the carrier or his representative, the VMU isswitched of en-route, VMU is removed from TT, VMU is used on othervehicles then it would be construed as a malpractice and action will be takenagainst the carrier as outlined under clause no. 8. Company’s decision wouldbe final in determining as to whether it has been damaged deliberately or not.

6.5 TT should not make any stoppage en-route. Any stoppage shall be construedas malpractice unless explanation given to the Location In-charge/nominated

officer is accepted. If not, action will be taken against the TT/Carrier asoutlined in clause 8.2.2.

6.6 Carrier to ensure that the TT reaches the destination and delivers product tothe consignee within specified trip time. The TT not reaching the destinationor unauthorized delays shall be construed as a malpractice and action will betaken against the carrier as outlined under clause no. 8.

6.7 Carrier shall ensure that TT does not exceed the speed limits prescribed bythe concerned authorities.







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7. HEALTH, SAFETY & ENVIRONMENT

7.1 All rules/ regulations and statutory requirements shall be strictly followed bythe carrier and their work force i.e. drivers/ cleaners at the work place and onthe road while transporting petroleum products.

7.2 Driver and cleaner shall wear retractable seat belt and uniform as specified byrespective OMC, while driving vehicle.

7.3 No TT shall be plied by the driver without cleaner, either on the road or at any

work place.

7.4 The TT crew would not be permitted to enter the location premises withoutuse of the personal protective equipment i.e. safety shoes, helmet, spectacles(wherever necessary).

7.5 The crew of TT shall check safety fittings, fitness conditions of vehicles to plyon road before the TT is brought for loading.

7.6 Safety procedures for unloading and loading of vehicles at the supply locationas well as at the destination i.e. retail outlets, direct customer, supply location,

etc. shall be strictly adhered to.

7.7 It shall be mandatory for all drivers to undergo refresher training course /training programs organized by the location.

7.8 The TT should be driven by driver having valid driving license duly endorsedby RTO for having undergone training to carry hazardous goods.

7.9 TT crew to undergo routine health check up once in every six months andcertificate issued by the authorities to be submitted to the loading location.

7.10 The carrier shall ensure that the TT crew are not in intoxicated state while onduty.

7.11 Any deviation from/violation of above requirements shall be construed as anirregularity and action will be taken against the carrier as outlined underclause no. 8.







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8.0 ADULTERATION/ MALPRACTICES/ IRREGULARITIES/PENALTIES

TT caught for having indulged in adulteration/ malpractices/ irregularities shall beimmediately suspended by the location-in-charge. However, an investigation shall beconducted as per the laid down procedure of the company. On investigation, if theadulteration/ malpractice/ irregularities is established then penal actions stipulated asunder shall be taken.

8.1 Penalties in case of adulteration

In all cases of failure of the products/ adulteration in TT as well as deemedfailure (i.e. sample test value falls within specification range however, it is

beyond the repeatability / reproducibility limits w.r.t. reference sample) of theproduct,action against the Carrier shall be initiated as under :

a. i. Carriers with single TT

On the first incident (during the tenure of the contract) of adulteration, thecontract with the concerned carrier shall be terminated and theconcerned carrier & the particular TT shall be blacklisted on Industrybasis.

ii. Carriers with multiple TTs

On the first incident (during the tenure of the contract) of adulteration,the particular TT shall be blacklisted on Industry basis along with the TTcrew. In case of second incident of adulteration, the whole contractcomprising of all the TTs belonging to the concerned carrier shall beterminated and the concerned carrier & their all TTs shall be black listedon industry basis.

However, if the complicity of the carrier is detected in case of adulterationof the first incident, then the whole contract comprising of all the TTsbelonging to the concerned carrier shall be terminated and the concernedcarrier & their all TTs shall be black listed on industry basis.

b. Disposal of the contaminated product shall be done as directed by thecompany.

c. Cost of product as determined by the company shall be recovered fromthe carrier.

d. Incidental expenses and any other expenses sustained by the concernedOil Company for disposal of the contaminated product shall also berecovered from the transporter.

e. Transportation charges, octroi, toll taxes, other levies shall not be paid for

the futile trip to the dealer/ direct customer or receiving location as well asfor the subsequent trip for delivering the adulterated/ contaminated product







70

to the concerned Oil Company’s nominated location for disposal of theproduct.

8.2 Penalties for malpractices/ irregularities

8.2.1 Malpractices/ irregularities will cover any of the following:

a. Unauthorized deviation from specified route/ unauthorized delay/unauthorized en-route stoppage/ not reaching destination/ over speeding/en-route switching off VMU/ unauthorized removal of VMU/ use of VMU onother vehicles

b. TT crew found in intoxicated state while on duty.c. Irregular reporting of TT at loading location without permission of the

location.d. Refusal to carry loads allocated by the location.e. Reported case of non-wearing of retractable seat belt while driving.f. Driving vehicle without cleaner/helper.g. Non-functioning of Fire Extinguisher carried by TT.h. Polluting environment due to product spillage from tilting or leaky vehicles

on road, in case of accident/ unsafe drivingi. Accident involving injury or damages to the facilities at the work place j. Fatal accident at the work placek. Tampering with standard fittings of TT including the sealing, security locks,

security locking system, calibration, Vehicle Mounted Unit or its fittings/

fixturesl. Unauthorized use of TT for products other than the petroleum products forwhich it has been engaged

m. Entering into contract based on forged documents/ false informationn. Entering into an agreement for the same TT with other oil companieso. Irregularities under W&M Actp. Not lodging FIR with the Police in case of accident, not informing/

submitting accident report to the Oil Company about the accidentq. Pilferage/ short delivery of productr. Any act of the carrier/ carrier’s representative that may be harmful to the

good name/ image of the Oil Company, its’ products or its services.

8.2.2 Penalties upon detection of malpractice/ irregularities

The carrier shall attract penalties for the malpractice/irregularities as givenbelow and the TT mentioned in the following instances shall besuspended/blacklisted along with TT crew. However, an investigation,wherever required, shall be conducted and if the malpractice/ irregularity isestablished then penal actions stipulated as under shall be taken, includingblacklisting :







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ClauseNo.

Type of malpractice /irregularity

Penalty against number of instance

First Second Third

8.2.2.1 (a) Reported non-wearing ofretractable seat belt whiledriving.

(b) Over speeding.(c) Driving vehicle without

cleaner / helper.

TT shall besuspendedfor oneweek.

TT shall besuspendedfor 3 months.

TT shall beblacklisted.

8.2.2.2 (a) Established un-authorizedstoppage en route.

(b) Established un-authorizeddiversion from specifiedroute.

(c) Refusal to carry loadsallocated by the location.(d) Irregular reporting of TT at

loading location withoutpermission of the location.

TT shall besuspendedfor 3months.


8.2.2.3 Short delivery of product forestablished malpractice.


8.2.2.4 (a) Non-availability/non-functioning of TT fireextinguisher.

(b) TT crew found in intoxicatedstate while on duty.

(c) Not wearing uniform.(d) Not wearing PPEs at

loading/un-loading locations.

TT shall besuspendedfor one

week.

TT shall besuspendedfor 3 months.


8.2.2.5 (a) Established tampering/damaging of VMU.

(b) Established disconnectionof power/cable of VMUenroute.

(c) Removal of VMU fromoriginal mounting.


8.2.2.6 Accident at the location leadingto injury of persons or damagesto the facilities.



8.2.2.7 Polluting environment due toproduct spillage from TT.



8.2.2.8 Established case ofpilferage/non-delivery of product.








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8.2.2.9 Fatal accident at the work place. TT shall beblacklisted.

8.2.2.10 Irregularities under W&M Act. TT shall beblacklisted.

8.2.2.11 Tampering with standard fittingsof TT including the sealing,security locks, security lockingsystem, Calibration.


8.2.2.12 Unauthorized use of TT outsidethe contract.


8.2.2.13 Entering into contract based onforged documents/ falseinformation.


8.2.2.14 Entering into an agreement forthe same TT with other oilcompanies.


8.2.2.15 Not lodging FIR with the Policein case of accident, notinforming/ submitting accident

report to the Oil Company aboutthe accident.


8.2.2.16 Any act of the carrier/ carrier’srepresentative that may beharmful to the good name/ imageof the Oil Company, its’ productsor its services.

As decidedby thecompany

If the complicity of the carrier is detected in case of occurrence of any ofabove malpractice/ irregularity or incident of malpractice/ irregularitystipulating into blacklisting of second TT of the carrier (during the tenure of thecontract), the whole contract comprising of all the TTs belonging to the

concerned carrier shall be terminated and the concerned carrier & their allTTs shall be black listed on Industry basis.

However, in case of the following irregularities, the complicity of the carriershall be deemed to be existent and the whole contract comprising of all theTTs belonging to the concerned carrier shall be terminated, security depositforfeited and the concerned carrier & their all TTs shall be blacklisted onIndustry basis :

1. False/hidden compartment, unauthorized fittings or alteration in standardfittings affecting Quality and Quantity.

2. Illegal/un-authorised duplicate keys of security locks.







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3. Duplicate dip rod/calibration chart.4. Mis-appropriation of security locking system.

8.2.3 Period of blacklisting

The period of blacklisting for the carrier & TTs shall be 2 years. Dependingupon the seriousness of the offence, the carrier/ TT may be bannedpermanently.

*****







74

Annexure – I

Amendment Record

AmendmentNo.

Date Page/s DateReceived

Chapter Subject Signature







75

Annexure – II

SAMPLE TAG

ProductTank Truck / Tank

Lorry No.

Location

Name of

Dealer/DirectCustomer

Document No. Date & Time ofSampling

Type of Sample Compartment No.

Reasons fortesting

Names & Signatures

Carrier Dealer / Direct Customers Oil Company







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Attachment-9

INTEGRITY PACT.

(Covering letter required to be signed and submitted by the tenderer)(For Tenders having estimated value more than Rs.10.0 Crores)

Ref No: _____________________ Date:___________

To:Indian Oil Corporation Ltd. (M.D.)(Operations Department)

----------------------------------------------

Subject: Submission of offer for Tender No: ____________________________.

Dear Sir,The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed theMOU with Transparency International India for the adoption of the Integrity PactProgram and stands committed to following the principles thereof as enumerated inthe integrity agreement enclosed with the tender document.

The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation tooffer made on the condition that the Bidder will sign the enclosed integrity Agreement, which is an integral part of the tender documents, failing which thetender will stand disqualified from the tendering process. The Bidder acknowledges

that the Bid would be kept open in its original form without variation or modificationfor a period of 240 Days(state the no of days from the last date for the receipt oftender stated in the NIT) AND MAKING OF THE BID SHALL BE REGARDED AS ANUNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.

Bidder confirms acceptance and compliance with the Integrity agreement inletter and spirit and further agrees that execution of the said Integrity agreementshall be separate and distinct from the main contract, which will come into existencewhen bid is finally accepted by IOCL. The bidder acknowledges and accepts theduration of the Integrity agreement, which shall be in line with Article-8 of theenclosed Integrity agreement.

Bidder acknowledges that in the event of Bidder’s failure to sign and acceptthe Integrity agreement, while submitting the bid, IOCL shall have unqualified,absolute and unfettered right to disqualify the tenderer and reject the Bid inaccordance with the terms and conditions of the tender.

Yours faithfully,

(Duly authorized signatory of the bidder)Note: one copy of this agreement along with the integrity agreement dulysigned must be returned along with the offer)

{To be signed by the bidder and same signatory competent/authorized to sign the relevantcontract on behalf of IOCL}







77

(Indian Oil Corporation Ltd, Marketing Division)

(Tender No: ____________________________________)

INTEGRITY AGREEMENT

This Integrity Agreement is made at __________________ on this ______ day of _____________________

BETWEEN

Indian Oil Corporation Limited, a company duly incorporated and validly existing under theprovisions of Companies Act 1958 and having its registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400 051 (hereinafter referred as “Principal /

Owner”, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns)

And

___________________________________________________ ( name and address of theindividual /firm/Company/consortium ______ members ___________ through ___________ (mention details of duly authorized signatory) hereinafter referred to as the “bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns.

Preamble

WHEREAS the Principal/Owner has floated a Tender No: ----------------------------------------------------(hereinafter referred to as “Tender”) and intends to award, under laid down

organizational procedures, contract’s/purchase order/work order for Road transportation ofbulk petroleum products – Black Oil Ex Mangalore Terminal hereinafter referred to asthe“Contract”.

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the landrules, regulations, economic use of resources and of fairness/transparency in its relationwith Bidder(s) and contractor(s)

AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointedIndependent External Monitor (IEM), to monitor the tender process and the execution of thecontract for compliance with the principles as laid down in this Agreement.

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter intothis integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the tender documentsand contract between the parties.

NOW, THEREFORE, inconsideration of mutual covenants contained in this pact, the partieshereby agree as follows and this pact witnesseth as under:







78

Article 1: Commitment of the Principal/Owner

1) The Principal / Owner commits itself to take all measures necessary to prevent corruption

and to observe the following principals:

a) No employee of the Principal/Owner, personally or through any of his/her familymembers, will in connection with the tender, or the execution of the contract,demand, take a promise for or accept, for self or third person, any material orimmaterial benefit which the person is not legally entitled to.

b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equityand reason. The Principal/Owner will in particular, before and during the Tenderprocess, provide to all Bidder(s) the same information and will not provide to anyBidder(s) confidential / additional information through which the Bidder(s) couldobtain an advantage in relation to the Tender process or the Contract execution.

c) The Principal/Owner shall endeavour to exclude from the Tender process ant person,whose conduct in the past has been of biased nature.

2) If the Principal/Owner obtains information on the conduct of any of its employees whichis a criminal offence under the Indian Penal Code (IPC)/Prevention of Corruption Act1988 (PC Act) or is in violation of the Principal herein mentioned or if there be asubstantive suspicion in this regard, the Principal/Owner will inform the Chief VigilanceOfficer and in addition can also initiate disciplinary actions as per internal laid downpolicies and procedures

Article 2- Commitments of the Bidder(s) / Contractor(s)

1) The Bidder(s)/ Contractor(s) commits himself to take all measures necessary to preventcorruption. He commits himself to observe the following principles during hisparticipation in the tender process and during the contract execution.

a) The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm,offer, promise or give to any of the Principal/Owner’s employees involved in theTender process or execution of the contract or to any third person any material orother benefit which he/she is not legally entitled to, in order to obtain in exchangeany advantage of any kind whatsoever during the Tender process or during theexecution of the contract.

b) The Bidder(s) / Contractor(s) will not enter with other Bidder(s) into any undisclosedagreement or understanding, whether formal or informal. This applies in particularto prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize inthe bidding process.

c) The Bidder(s) Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s) / Contractor(s) will not use improperly. (for the purpose ofcompetitive or personal gain), or pass on to the others, any information ordocument provided by the Principal/Owner as part of the business relationship,







79

regarding plans technical proposals and business details, including informationcontained or transmitted electronically.

d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses

of agents/representatives in India, if any, Similarly Bidder(s)/Contractor(s) of Indiannationality shall disclose the names and addresses of foreign agents/representatives,if any Either the Indian agent on behalf of the foreign principal or the foreignprincipal directly could bid in a tender but not both. Further in cases where asagent participates in a tender on behalf of one manufacturer along with the firstmanufacturer in a subsequent/parallel tender for the same item. Copy of CVCguidelines dated 21/04/2004 is annexed hereto as Annexure A

e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and allpayments he has made, is committed to or intends to make to agents, brokers orany other intermediate in connection with the award of the contract.

2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlinedabove or to be an accessory to such offences.

Article 3. Disqualification from Tender process and execution from futurecontracts.

1) If the Bidder(s)/Contractor(s), either before award or during execution of Contracthas committed a transgression through a violation of Article 2 above or in any otherform, such as to put his reliability or credibility in question, the Principal/Owner is

entitled to disqualify the Bidder(s) / Contractor(s) from the Tender process orterminate the Contract, if already executed or exclude the Bidder(s)/Contractor(s)from future contract award process. The imposition and duration of the exclusion willbe determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedureprescribed in the guidelines for holiday listing of the Principal/Owner.

2) The Bidder/Contractor accepts and undertakes to respect and uphold thePrincipal/Owner’s absolute right to resort to and impose such exclusion.

3) Apart from the above, the Principal/Owner may take action for banning of businessdealings/holiday listing of the Bidder/Contractor as deemed fit by thePrincipal/Owner.

Article 4. Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law orthe Contract or its established policies and laid down procedures, the Principal/Owner shallhave the following rights in case of breach of this integrity pact by theBidder(s)/Contractor(s):







80

1) Forfeiture of EMD/Security Deposit. If the Principal/Owner hasdisqualified the Bidder(s)/ from the tender process prior to the award of thecontract or terminated the contract or has accrued the right to terminate the

contract according to Article 3, the Principal/Owner apart from exercising anylegal rights that may have accrued to the Principal/Owner, may in itsconsidered opinion forfeit the Earnest Money Deposit /Bid Security amount ofthe Bidder/Contractor

2) Criminal Liability. If the Principal/Owner obtains knowledge of conduct of aBidder or Contractor, or of an employee or a representative or an associate ofa Bidder or Contractor which constitutes corruption within the meaning of PC Act or if the Principal/Owner has substantive suspicion in this regard, thePrincipal/Owner will inform the same to the Chief Vigilance Officer.

Article 5. Previous Transgression.

1) The Bidder declares that no previous transgression occurred in the last 3 years withany other company in any country confirming to the anti-corruption approach or withany other Public Sector Enterprise in India that could justify his exclusion from theTender Process.

2) IF the Bidder/Contractor makes incorrect statement on this subject, he can bedisqualified from the Tender process or action can be taken for banning of businessdealings/ Holiday listing of the Bidder/Contractor as deemed fit by the

Principal/Owner.

3) If the Bidder/Contractor can prove that he has resorted/recouped the damagecaused by him and has installed a suitable corruption prevention system, thePrincipal/Owner ,may at its own discretion as per laid down organizationalprocedures, revoke the exclusion prematurely.

Article 6. Equal Treatment of all Bidders/Contractors/Sub-contractors.

1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors acommitment in conformity with this integrity pact. The Bidder/Contractor shall beresponsible for any violation(s) of the Principles laid down in this pact by any of itsSub-Contractors/Sub-Vendors.

2) The Principal/Owner will enter into pacts on identical terms as this one with allBidders and Contractors.

3) The Principal/Owner will disqualify Bidders, who do not submit the duly signed pactbetween the Principal/Owner and the bidder, along with the Tender or violate itsprovisions at any stage of the Tender process, from the Tender process.







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Article 7. Independent External Monitor(IEM)

1) The Principal/Owner has appointed competent and credible independent External

Monitor(s) (IEM) for this pact. The task of the monitor is to review independentlyand objectively, whether and to what extent the parties comply with the obligationsunder this pact.

2) The IEM is not subject to instructions by the representatives of the parties andperforms his functions naturally and independently. He reports to the Chairman,Indian Oil Corporation Limited.

3) The Biders9s)/contractor(s) accepts that the IEM has the right to access withoutrestriction, to all Project documentation of the Prinicpal/Owner including thatprovided by the Contractor. The contractor will also grant the IEM, upon his request

and demonstration of a valid interest, unrestricted and un-conditional access to hisor any of his sub-contractor’s project documentation. The IEM is under obligation totreat the information and documents of theBidder9s)/Contractor(s)/subcontractors(s) with confidentiality.

4) In case the tenders having estimated value of Rs.150 crores or more, thePrincipal/Owner will provide to the IEM sufficient information about all the meetingsamong the parties related to the project and shall keep the IEM appraised of all thedevelopments in the Tender Process.

5) As soon as the IEM notices, or believes to notice, a violation of this pact, he will so

inform the Management of the Principal/Owner and request the Management todiscontinue or take corrective action, or to take other relevant action. The IEM can inthis regard submit non-binding recommendations. Beyond this, the IEM has no rightto demand from the parties that they act in a specific manner, refrain from action ortolerate action.

6) The IEM will submit a written report to the Chairman, Indian Oil Corporation Limitedwithin 6-8 weeks from the date of reference or intimation to him by thePrincipal/Owner and, should the occasion arise, submit proposals for correctingproblematic situations.

7) The IEM has reported to the Chairman, Indian Oil Corporation Ltd. A substantiatedsuspicion of an offence under the relevant IPC/PC Act and the Chairman, IOCL hasnot, within reasonable time taken visible action to proceed against such offence orreported it to Chief Vigilance Office, the IEM may also transmit the informationdirectly to the Central vigilance commissioner.

8) The word ”IEM” would include both singular and plural.







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Article 8 – Duration of the Pact.

This pact begins when both the parties have legally signed it. It expires for the

Contractor/Vendor 12 months after the completion of Work under the contract or till the

continuation of defect liability period, which ever is more and for all other Bidders, till thecontract has been awarded.

Article 9 – Other Provisions.

1) The Pact is subjected to Indian law, place of performance and jurisdiction is theHead Office/Head quarters of the Division of the Principal/Owner, who has floated

the Tender.

2) Changes and supplements need to be made in writing, side agreements have notbeen made.

3) If the contractor is a partnership or a consortium, this pact must be signed by allthe partners and consortium members. In case of a company , Pact must be signedby a representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid, the remainderof this Pact remains valid. In this case, the parties will strive to come to an

agreement to their original intentions.

5) Any dispute or difference arising between the parties with regard to the terms ofthis Pact, any action taken by the Owner/Principal in accordance with this Pact orinterpretation thereof shall not be subjected to arbitration.

Article 10 – Legal and Prior Rights.

All rights and remedies of the parties hereto shall be in addition to all the other legalrights and remedies belonging to such parties under the contract and /or law and thesame shall be deemed to be cumulative and not alternative to such legal rights andremedies aforesaid. For the sake of brevity, both the parties agree that this Pact willhave precedence over the Tender/contract documents with regard any of theprovisions covered under this Pact.







83

IN WITNESS WHEREOF the parties have signed and executed this Pact at the place anddate first above mentioned in the presence of following witnesses:

__________________________________________(for and on behalf of Principal/Owner)

___________________________________________(for and on behalf of Bidder/Contractor

WITNESS

1) ___________________________________________ ___________________________________________ Signature, Name & Address

___________________________________________

2) __________________________________________ __________________________________________ __________________________________________







84







85







86

PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT

2006)”

1.You may aware that “Micro”, Small and Medium Enterprises Development Act 2006” (‘MSMED’) hasbeen come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Actregarding Small Scale Industrial undertakings.

2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on theinvestment in plant and machinery / equipment.

3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriateauthority as mentioned in the MSMED Act.

4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undividedfamily, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legalentity.

5. For your ready reference, the definition of Micro, Small and Medium enterprises are given below:-Classification of enterprises engaged in :

a. Manufacture or production of goods pertaining to any industry specified in the First Schedule to theindustries (Development and Regulation) Act 1951 as :

Nature of Enterprise Investment in Plant & Machinery (#)Micro Does not exceed Rs.25 lacs

Small More than Rs.25 lacs but does notexceed Rs.5 Crores

Medium More than Rs.5 Crores but does notexceed Rs.10 Crores.

b. Providing or rendering Services.

Nature of Enterprise Investment in EquipmentMicro Does not exceed Rs.10 lacsSmall More than Rs.10 lacs but does not

exceed Rs.2 Crores

Medium More than Rs.2 Crores but does not

exceed Rs.5 Crores.

(#) In calculating the investment in plant & machinery, the cost of pollution control, research anddevelopment, industrial safety devices and such other items as maybe specified will be excluded.

6. You are therefore requested to fill the “Format” (proforma attached) and submit the same alongwith proof of valid document / certificate, (indicating registration no.) in your offer. In case same isnot submitted along with your offer, it will be presumed that your organization is not a micro, small ormedium enterprises as per the provisions of MSMED Act 2006 and consequently you will not beeligible to the benefits admissible under the MSMED Act 2006.

CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT

ACT, 2006 (MSMED ACT 2006)







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1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006(‘MSMED’) are applicable to us and our organization falls under the definition of :

a. Micro Enterprise - ( )b. Small Enterprise - ( )c. Medium Enterprise - ( )(Please put a tick in the appropriate box)

2. Copy of proof of valid document / certificate (indicating registration no.) of being a Micro / Small /Medium Enterprises are enclosed.

Place : Signature of Authorized SignatoryDate : Name :

Designation :Seal :

Note : In case above Format along with proof of valid document / certificate (indicating registrationno.) is not submitted in offer, it will be presumed that your organization is not a micro, small ormedium enterprises as per the provisions of MSMED Act 2006 and consequently you will not beeligible to the benefits admissible under the MSMED Act 2006.







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Drawings of Locking system/Dome Covers for tank trucks - ANNEXURE-B







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