BHARAT PETROLEUM CORPORATION LIMITED … · Avoid over-writing. Correction, if any, must be counter signed / initialed ... for unloading of Tank Lorry iii) Pipe line from shore to

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SIGNATURE OF THE TENDERER

WITH SEAL

TENDER NO : BPC/I&C/ PUNE /01 / 2013-14

BHARAT PETROLEUM CORPORATION LIMITED

NOTICE INVITING TENDERS

TENDER FOR PROVIDING TANKAGE NEAR GOA SEA PORT FOR

STORAGE/HANDLING OF HFHSD.

TENDER NO : BPC/I&C/PUNE/01/2013-14

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a Public Sector Enterprise, invite sealed tenders from eligible parties under 2-bid system for providing tankage and handling facilities for HFHSD bunkering near Goa Sea Port for receiving/storing/loading of HFHSD in barges/ship/Tank Lorry for a period of two (2) years w.e.f. 01.04.2014. Facilities as mentioned in the documents are required with effect from placement of product or 01.04.2014 whichever is later. 1. TENDER DOCUMENTS

The tender document can be obtained in person by submitting an application to Territory Manager (Indl) , Pune , Bharat Petroleum Corporation Ltd., Sahajanand Complex , 2416 , Gen Thimmaya Road , East Street ,Pune -411001 by paying `1000/- (Rupees one thousand only) in the form of Demand Draft (DD) / Pay order in favour of “M/s Bharat Petroleum Corporation Ltd.” payable at Pune. Tender documents can also be downloaded from our website www.bharatpetroleum.in→ Business → Tenders → Industrial & Commercial. In the case of bidders who download the tender document from our website, the Demand Draft towards the cost of tender documents to be attached with the un-priced bid, failing which the bid will not be considered.

2. SCOPE OF WORK

The scope of work would broadly cover receiving HFHSD (Product) by Ship/Tank Lorry arranged by BPCL, storing the product in dedicated storage tank/s and pumping into the ship/barge at the Jetty Nos 8, 10 & 11 of MPT through a dedicated pipe line owned /arranged by the Tenderer with the provision of flowmeter arrangement. Besides this, Tank lorries arranged by BPCL are also to be loaded for further Bunkering operations/local supplies during the entire period of the contract. The estimated requirement of total storage tank capacity is as under :

High Flash-HSD - 5000 KL (preferably not more than 2 tanks)

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WITH SEAL


3. BIDS QUALIFYING CRITERIA

Tenderers who fulfill the following Qualifying Criteria may submit their bids against this tender:

(i) The tenderer should possess minimum 2 years experience in handling of

Petroleum products. The tenderers should provide certified copy of Work Order / Certificate / Agreement issued by / signed with PSU / Oil Company etc.

(ii) The tenderers should provide dedicated storage tank/s of above

mentioned capacity for storage. The storage tanks should be duly approved by the competent Explosives Department and other statutory authorities.

(iii) The tenderers should have facilities capable of unloading/receiving

coastal input at pumping rate not less than 600 KL/Hour through Jetty Pipe line & Bunkering facilities (like pumps , pipe lines from the shore Tank to the Jetty) for loading these products in ship/barge at the jetty with minimum pumping rate of 100 KL / hour. Besides this the Tenderer should also have facilities (Tank Filling Bay, Pumps) for unloading of Tank Lorry for product receipt & loading of Tank lorries in the Terminal for Bunkering/local supplies.

4. EARNEST MONEY DEPOSIT (EMD)

The bids should be submitted with an EMD of Rs.100,000/- (Rupees One Lac only) by crossed DD / Pay Order drawn on any Scheduled Bank in favour of M/s Bharat Petroleum Corporation Ltd, payable at Pune . EMD shall be liable to be forfeited, if the tenderer modifies / withdraws the offer, does not comply with any of the terms and conditions of the tender, does not sign the Contract Agreement, does not submit the required Security Deposit (SD) within 20 days of the issuance of the LOI and refuses to accept the work after award of contract.

The tender bids received without EMD shall be summarily rejected. EMD shall be returned without any interest to the tenderers after the tender is finalised and awarded to the successful bidder only after completion of tender formalities.

5. SUBMISSION OF BIDS

i. Tenderers are requested to:

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a. Read carefully all the terms and conditions and the draft agreement / contract before submitting their quotations.

b. Quote in the schedule of rates attached hereto. The rates quoted shall

remain valid for 120 days from the due date or extended due date of the tender.

c. Submit the tender document strictly as per the terms and conditions and

retain the photo copy for his record. Any tender not conforming to the terms and conditions prescribed in the tender document shall be liable to be rejected.

d. Sign with seal all the pages of the tender document, including draft

agreement / contract, as a token of acceptance and the complete set is to be submitted to us. The photo copy should be retained by the tenderers.

e. Avoid over-writing. Correction, if any, must be counter signed / initialed

failing which the tender shall be liable to be rejected. f. Submit the quotation on time so as to reach before the due date and

time. Tender bids received late, or received in open / unsealed condition / incomplete in any other respect are liable to be rejected.

ii. Counter terms & conditions given by the tenderer shall not be accepted.

iii. “Credential” bid and “Price” bid sealed in separate envelopes and both

these envelopes placed and sealed in one common envelope and super-scribed “TENDER NO. BPC/I&C/Pune/01/2013-14 ” should be dropped in the designated tender box placed at the office of Territory Manager (Indl) , Pune , Bharat Petroleum Corporation Ltd., Shahajanand Complex , 2416 , Gen Thimmaya Road , East Street ,Pune -411001 by 15:00 Hrs. on or before 21.02.2014. Bids reaching late for reason

whatsoever are liable to be rejected.

iv. All supporting papers of the tender bids must be submitted in the envelope.

v. Tenders received unsealed / without Earnest Money Deposit / not meeting Tender conditions / incomplete in any respect are liable to be rejected.

6. OPENING OF TENDER

The tender bids received within the due date & time shall be opened for “credential” bid in the presence of all bidders on 21.02.2014 at 15.30 hrs. in the above mentioned address.

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WITH SEAL


The Price Bid of only those tenderers qualifying in the Credential Bid will be opened. The date and time of the same will be informed to those tenderers in due course.

The Company reserves the right to accept or reject any or all tender bids in part or in totality, or to negotiate with any or all the tender applicants, or to withdraw / cancel / modify this tender without assigning any reason whatsoever.

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WITH SEAL


(COVERING LETTER TO BE SUBMITTED BY THE TENDERER ON LETTER HEAD)

FROM:

M/s _______________________________________________ ________________________________________________

(Name and address of the Tenderer) To, Territory Manager (Indl) , Bharat Petroleum Corporation Ltd., Sahajanand Complex , 2416 ,Gen Thimmaya Road , East Street ,Pune -411001

Dear Sir,

Sub: TENDER FOR PROVIDING TANKAGE NEAR GOA SEA PORT

FOR STORAGE/HANDLING OF HFHSD.

With reference to your subject tender enquiry, we confirm having carefully read and understood the terms & conditions / documents supplied with the tender documents and return them duly signed and stamped for having accepted in totality.

We hereby enclose the EMD of `̀̀̀ Rs.100000/- (Rupees One Lac only) vide

DD / Pay Order No ___________dated ____________in favour of M/s Bharat Petroleum Corporation Ltd, drawn on_____________________________ _______________________________ payable at Pune . And, if the tender is downloaded from BPCL website - Cost of tender document of `̀̀̀ Rs. 1000/- (Rupees One Thousand only) vide DD / Pay Order No ___________dated ____________in favour of M/s Bharat Petroleum Corporation Ltd, drawn on_____________________________ _______________________________ payable at Pune .

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WITH SEAL


We submit our Bid duly signed in a sealed envelope as per details given here under:

Please tick: Yes – For document enclosed; No – For document not enclosed

Sl. No

Documents Yes No

1 Covering letter listing all enclosures (Page- 5)

2 EMD for `1 Lac

3 Tender document duly signed / sealed

4 Particulars of Tenderer along with attested copies of the documents required

5 Terms & Conditions duly signed with seal

6 Bank Guarantee format duly signed with seal (Attachment - )

7 Terminalling Contract (Agreement) along with Schedule-I

8 Details of relationship with Directors of BPCL; Declaration ‘A’ ‘B’ and ‘C’ (Attachment- )

9 SC/ST Certificate / Format (Attachment- )

10 General irrevocable Power of Attorney (Attachment- )

11 Undertaking

12 Integrity Pact (Attachment- )

13 Price Bid

We also confirm that the following facilities as required in this tender are available in our terminal and we shall offer the same to BPCL:

Sl No

Description Available

Remark Yes No

1

Storage tank of 5000 KL for HFHSD

(preferably not more than 2 tanks)

with associated facilities :

i)

Ship receiving facility @ minimum pumping rate of 600 KL/Hour complete in all respect through a dedicated pipe line owned /arranged by the Tenderer.

ii) Facilities like Pump,Tank Lorry gantry for unloading of Tank Lorry

iii) Pipe line from shore to Jetty Nos 8,10 &11 of MPT for providing Bunker fuel

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WITH SEAL


to the Ship/Barge @ minimum pumping rate of 100 KL/Hour with provision of flowmeters.

iv) Facilities like Pumps & Tank Lorry Gantry for loading of Tank Lorries for Bunkering supplies/local deliveries .

I am / we are authorized to sign this tender document as Proprietor or as per Power of Attorney issued by all other Partners / Directors as per Attachment-.

Thanking you,

Yours Faithfully,

____________________________ Signature of the Tenderer with Seal

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WITH SEAL


PARTICULARS OF TENDERER

CATEGORY : SC / ST / GEN (Tick one) 1. Name of the Tenderer : ___________________________________

2 (a) Registered Office address of the Tenderer: ___________________________________ ___________________________________ (b) Address of Correspondence: (c) E-mail id _________________________________ 3. Phone / Mobile No: _________________________ 4. Status of the tenderer (Individual, Proprietor Firm, Partnership, Limited

Company, Other): _____________________________________________________________

(Please provide a copy of the Partnership Deed / Certificate of Incorporation). 5. Registration No (If applicable)/Trading License: ______________________ (Please attach an attested copy of the registration certificate / trading license) 6. Year of establishment: ____________________________ 7. Permanent Income Tax No:

(Please attach a copy of PAN Card / latest IT Return)

8. Annual Turn over of last 2 years 2011-12 2012-13

(Please attach a copy of the attested audited Balance Sheet)

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WITH SEAL


9. Name of the Proprietor or Partners or Directors (wherever applicable):

1) ___________________________________ 2) ___________________________________ 3) ___________________________________ 10. Name/s of the authorized representative/s. 1) ____________________________________

2) ____________________________________ (Please attach a copy of POA of the representative/s to sign on the behalf of the

tenderer). 11. Whether the Tenderer (Proprietor or any of the Partners / Directors are related

(as defined under Companies Act 1956) to any of Directors of BPCL. If so, name of the Director & nature of relationship.

________________________________

________________________________

12. Details of Petroleum Products handling experience:

Sr. No Name of Oil Co.

Contract reference no.

Period of Contract.

Contracted Volume

(Please attach a copy of the work order issued by Oil Marketing Company / Certificate of Experience)

13. We confirm that we (the tenderer) are not involved in any litigation, which would

render the performance of any obligation impossible in case, the Contract is awarded to us.

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WITH SEAL


14. We confirm that we have qualified / trained / experienced staff on roll to carry-out / handle this job.

15. We confirm that rates offered by us will remain valid for acceptance by you up

to 120 days from the date of opening of this tender. 16. This is to affirm that all the terms and conditions of the tender are acceptable to

us. Further, all the information and statements furnished by us are true and open for verification.

17. Enclosed copy of the following documents : a. Copy of valid Explosive licence for the location b. Layout Drawing c. Copy of Other approvals like Factory Act , W&M Act , CLRA, GPCB, MPT

etc. Date: ___________ Name of Authorized Signatory ________________

Place: ___________ Signature of Authorized Signatory ______________

Seal/Rubber stamp of the Tenderer _____________

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WITH SEAL


BHARAT PETROLEUM CORPORATION LIMITED

TENDER FOR PROVIDING TANKAGE NEAR GOA SEA PORT FOR STORAGE/HANDLING OF HFHSD

TENDER NO : BPC/I&C/PUNE/01/2013-14

TERMS & CONDITIONS

These conditions are set in continuation of the terms and conditions specified in the tender notice and the guidelines for the Tenderers A. GENERAL GUIDELINES

1. Relatives of officer/s responsible for award and execution of this contract in

the Corporation are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the Corporation, or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderer’s part entitling the Corporation to all rights and remedies available thereof including termination of contract.

2. Rates quoted shall be valid and binding on the tenderer for 120 days from the

date of opening of tender unless extended by mutual consent in writing. Breach of this provision shall entail forfeiture of EMD. All rates should be quoted both in words and figures. In the event of discrepancy, the rates quoted in words shall be considered as final. Once the tender is accepted and contract awarded, the rates shall remain valid for the entire contractual period.

3. The Corporation reserves the right, at their sole discretion, and without

assigning any reason whatsoever to:

a. Negotiate with any OR all tenderers, b. Divide the work among contractor(s), c. Reject any OR all tender bids either in full OR in part.

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4. The tenderers must fulfill the safety, security, environment & PESO regulation requirements during storage/handling/distribution of the product.

5. The tenderers should send the sealed bid so as to reach well before the

closing time and deposit in the tender box earmarked/kept for this purpose at the concerned office of Territory Manager (Indl) , Pune , Bharat Petroleum Corporation Ltd., Sahajanand Complex , 2416 , Gen Thimmaya Road , East Street ,Pune -411001. No tender document shall be entertained after due date and time of submission of tender. BPCL shall not be responsible for the delay under any circumstances whatsoever if the tender document is not submitted before the closing date and time and in the correct tender box.

6. Tenderers not meeting any of the tender terms & conditions, not fulfilling the

bids qualifying criteria, tender bids incomplete in any respect or with any additions/ deletions or modifications, tender documents received without EMD are liable to be summarily rejected without any further communication to the tenderer and the decision of BPCL in this respect will be final and binding.

7. The tenderers must have dedicated storage tank/s of total 5000 KL capacity

along with allied facility owned or taken on lease. 8. The estimated quantity for contract job mentioned in the tender document is

only indicative and the actual quantity may vary.

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

B. RESERVATION

1. The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and

a half percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on All India basis.

2. The SC / ST members should fulfill all tender conditions, and will not be

eligible for any price preference or relaxation of standards.

NOTES

1. The SC/ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Co-operative Society, or any other, should have all the partners or members of Private / Public / Co-operative firms

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belonging to the same category without exception, i.e. either SC or ST as the case may be.

2. Caste certificate for each individual member of a Partnership / Public /

Private/ Co-operative Firm should be enclosed as proof along with the Technical bid.

3. In the event of any of the members failing to submit the caste certificate as

proof of belonging to SC / ST category, the tender will be treated as a general category tender.

4. If the tenderer is issued LOI / Work Order under SC category, all the

registered owners of the firm offered against the particular LOI / Work Order must also belong to SC.

5. If any of the facilities offered do not belong to a member of the category

concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category.

C. SCOPE OF WORK: TERMINALLING FACILITIES

1. The scope of work broadly covers necessary arrangements for:

i) Providing all requisite and suitable terminalling facilities such as tankage with storage capacities as required along with associated pipelines, pumps / flow meters /motors/Tank Lorry loading /unloading facilities etc. The facilities offered can be owned or leased to the tenderer with full operating rights, must be in good condition and not lying in unused / dormant condition. The condition of the facilities offered shall be solely & independently examined by BPCL for its suitability for handling of the product and BPCL’s decision shall be final.

ii) Receiving product through coastal vessel/tank lorry and check the

received quantity as certified by the independent surveyor and unload the product into the designated tank/s.

iii) Loading of Products through Bunkering pipe line into ship/barge lorry &

providing facilities for Tank lorry loading as decided by BPCL. iv) Co-coordinating with the Independent Surveyor appointed by BPCL to

ensure prompt drawing of sample whenever required to test the same as per Quality Control Manual in the presence of surveyor.

v) Payment of charges towards wharfage, port, pilotage, and berth hire on

behalf of BPCL at the first instance.

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vi) Liaising / co-ordination with port authorities for berthing / de-berthing of

ships/ barge for unloading/loading/bunkering vii) Joint sample drawn in the presence of customer’s surveyor for bunkering

will be preserved for minimum one year in the custody of the tenderer.

viii) Preparation of all related documentations (including invoicing documents etc) for end-to-end transaction and as may be advised by BPCL from time to time.

ix) All other activities as mentioned in tender documents.

2. All operations such as tank lorry/ship unloading and delivery / loading into

ship / barge/ tank lorry will be the responsibility of the tenderer. Once the tanker / barge is berthed at the jetty, loading/unloading operation shall continue till completion of desired parcel size of the cargo.

3. The terminal should meet the requirements of safety standards laid down by

the Chief Controller of Explosives and other statutory bodies. 4. BPCL officials or any representative authorized by BPCL shall have the

access to inspect the operations of the aforesaid activities at all times. D. SECURITY DEPOSIT (SD)

1. The security deposit will be for `̀̀̀Rs. Rs. Rs. Rs. 2,00,00,000/- (Rupees Two Crore only) in the form of Bank Guarantee from scheduled bank (strictly as per the specified format enclosed) valid for the full period of contract and additional six months for due fulfillment of terms of this Agreement.

2. Successful bidder shall be required to furnish Security Deposit within 20

(Twenty) days of issuance of LOI / Work Order failing which the LOI / Work Order shall be treated as withdrawn.

3. Any loss / claim and/or damage arising out of the performance of the contract

would be adjustable against the SD. Any loss / claims / damages higher than SD will be recovered from payments due to the contractor under this contract or deposits made by or payments due to the contractor under any other contract with the Oil Companies.

4. Security deposit would be refunded on expiry of six months after completion

of the contract period on written request from the contractor subject to satisfactory performance.

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5. Successful tenderers shall be entrusted with contract work only after signing

of Agreement and depositing of Security Deposit amount.

6. In the event of the tenderer failing to perform any of his obligations as specified in this tender document, the Company at its discretion may obtain the services of other service providers and recover the charges incurred from the tenderer’s Security Deposit and the contractor shall be liable to fully reimburse Company all additional expenses so incurred by the Company and besides compensate the Company for any consequential loss arising out of the tenderer’s default.

E. DEMURRAGE

Demurrage charges due to not receiving the product @ minimum pumping rate of 600 KL/hour as well as delay in loading to ships / barge below pumping rate of 100 KL/hour or due to non readiness of tenderer shall be borne by the service provider.

F. QUANTITY ASSESSMENT

The assessment of product quantity received by ship / tank lorry and delivered by barge/tank lorry will be as per established BPCL standard procedures. Permissible operating losses is “NIL” calculated at 15 C. Thus any loss towards operation will be on service provider and the loss shall be recovered on monthly basis from the bills of the service provider.

G. EVALUATION CRITERIA

Evaluation of Credential bid shall be based on the facilities offered meeting the complete requirement as detailed in the tender document followed by physical inspection by a team of company’s officials to verify the same and ascertain the quality / suitability of facilities offered. The decision of the company in this regard shall be final & binding on the tenderer. Price bid of only those tenderer shall be opened who qualify in the ‘Credential Bid’ criteria, with prior intimation. The lowest cost to the company shall be the sole criteria of evaluation of price bid and as such, evaluation criteria of determining the lowest cost shall be the “rate quoted for receipt, storage and delivery of the products plus pigging and documentation charges as shown in the Price Bid”.

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H. CONTRACT PERIOD

Unless otherwise specified or agreed to, the contract shall be awarded for a period of 2 (two) years. The company reserves the right to foreclose the tender by giving 90 days notice to the tenderer.

I. NEGOTIATIONS

1. BPCL reserve the right to negotiate with any or all the tenderers. 2. Tenderers may be required to visit office(s) of BPCL for negotiations /

verification of documents, entirely at the cost of tenderers. The date, time and venue will be communicated to the eligible tenderer well in advance in due course.

3. Only the proprietor of the firm or the legally authorized representative of the

firm may personally attend such negotiations. Commitments made and/or clarifications given during negotiations will be binding on the tenderer(s). He/She should carry the necessary authorization to attend such negotiations and hand over an authenticated copy of the same to BPCL representative(s) participating in the negotiations.

4. Originals of the documents submitted as copies alongwith the Tender

documents, as well as documentation to substantiate statements made in the tender documents are to be produced for verification by the BPCL during negotiations or at any other time.

J. EXECUTION OF AGREEMENT

1. Successful tenderers shall be required, before undertaking the contract, to execute the agreement, in requisite stamp paper within 20 days of the date of issue of the LOI. In the event of failure of the tenderer to execute the agreement and / or furnish required security deposit within 20 days of issue of LOI, the LOI shall be liable to be withdrawn.

2. When the person signing the tender document is not the authorized signatory,

necessary power of Attorney authorizing the signatory to act on behalf of the proprietor / firm should be produced before signing the agreement, and an authenticated copy of the power of Attorney should be submitted for the record of BPCL.

3. All terms & conditions stipulated in the Notice inviting the tender, the Tender

Terms & Conditions, Declarations, Agreement and other documents furnished with the Tender and related correspondence shall form part of the contract.

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K. MISCELLANEOUS

1. BPCL reserves the right to accept / reject the facilities offered by the successful tenderer without assigning any reason whatsoever. The decision of BPCL shall be final and binding.

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

the business is under review / consideration. Corporation regrets its inability to answer individual queries.

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

any time including the contract period, BPCL reserves the right to reject the tender/ terminate the Contract Agreement and reserves all rights and remedies available.

4. Each page of the tender document including notice inviting tender enclosed

along with the tender document must be signed by the applicant or legally authorized representative of the applicant with the official seal for having fully read and understood the terms and conditions of this Tender.

L. DUPLICATION OF CLAUSE

Whenever there is duplication of clause either in the terms and conditions or in the agreement, the clause which is beneficial to the contracting Corporation, will be considered applicable at the time of any dispute.

SIGNED IN ACCEPTANCE OF THE AFORESAID TERMS AND CONDITIONS Name of Person signing _____________________________ Signature and Date _____________________________ Tenderer’s Name and address with seal _______________________ The terms “BPC”, “BPCL”, “The Corporation”, “The Company” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai–400 001 and includes its successors and assigns.

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Attachment

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

BANK GUARANTEE

This Deed of Guarantee made this ___________ day of ________________ Two Thousand Eleven between _____________________________________ a Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act of 1970 having its head office at __________________________________________ and branch at ________________________ hereinafter called as the GUARANTOR (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the One Part AND Bharat Petroleum Corporation Limited a company registered under the Companies Act, 1956 and having its registered office at Bharat Bhavan, 4&6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called the CORPORATION (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the Other Part. AND WHEREAS by an agreement bearing ______ day of ___________ 2014 made between ________________________________________ therein and hereinafter described as the Service Provider of the one part and the CORPORATION of the other part, the job as described therein had been awarded to the Service Provider by the CORPORATION to be done on the terms and conditions contained therein. AND WHEREAS it has been agreed that the Service Provider will provide Bank Guarantee in such form as may be acceptable to the Corporation as a security of due payment by money as the Service Provider may be liable to pay under the aforesaid agreement. AND WHEREAS on the request of the Service Provider, the guarantor herein is now agreeing to give such guarantee in the manner appearing hereinafter. NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENENTED AGREED AND DECLARED BY THE GUARANTOR AS FOLLOWS : 1. The Guarantor shall also pay to the Corporation on demand without any demur

any other amount that may be payable by the Service Provider to the Corporation under the aforesaid agreement and will indemnify and keep indemnified safe and defended the said Corporation at all times hereafter against any loss which the Corporation may suffer by reasons of any default committed by the said Service Provider in observance and performance of the covenants of the said agreement and as also hereinabove and all cost, charges

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and expenses whatsoever which the Corporation may incur by reasons of any default on the part of the Service Provider.

2. The judgement of the Corporation as regards the failure on the part of the

Service Provider and/or quantum of shortfall of any product and/or nature of the contamination and/or the value of the product so found short and/or contaminated will be final and binding and the Guarantor will not have any right to question such decision of the Corporation and the Guarantor will pay the amount so demanded by the Corporation immediately on receipt of any written communication stating that Service Provider has failed to perform the agreement and/or to pay the sum which was payable by them in terms of the said agreement.

3. The Corporation shall have the fullest liberty without in any way affecting this

guarantee and discharging the Service Provider from their liability hereunder to postpone for any time or from time to time the exercise of the powers conferred on the Corporation under the said agreement and to exercise the same at any time and in any manner and either to enforce or forbear to enforce the covenants for payment of principal or interest or any other covenants contained in or implied under the said agreement or any other remedies or securities, if any, available to the Corporation or to grant or allow time or any indulgence or facility to or compound or to make any other agreement with the Service Provider without any further knowledge or assent of the Guarantor and take any other securities or promissory notes held or to be held by the Corporation from the Service Provider and the Guarantor shall not be released by any exercise by the Corporation of its liberty with reference to the matters aforesaid or any of them or by reason of time being given to the Service Provider or of any other forbearance, act or omission on the part of the Corporation or any other matter or thing whatsoever and the Guarantor hereby waive all rights of suretyship and other rights which they might otherwise be entitled to enforce.

4. The Guarantor will observe and perform all the terms and conditions and

covenants contained in the said Agreement in the same manner in which the Service Provider is liable for the due observance and performance of the said terms and conditions and covenants.

5. The Guarantee herein contained shall be irrevocable and absolute and

independent of any right or remedy the Corporation may have against the Service Provider and accordingly the Corporation shall be entitled to enforce against the Guarantor the Service Provider’s liability without initiating or enforcing its remedies against the Service Provider and notwithstanding that the securities, if any, hereinafter received from the Service Provider or any of them shall at the time when proceedings are taken against the Guarantor hereunder be outstanding or unrealised.

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6. In order to give effect to the Guarantee herein contained the Corporation shall be entitled to act as if the Guarantor was principal debtor to the Corporation for all payments and covenants guaranteed by it as aforesaid to the Corporation.

7. The Guarantee herein contained is a continuing guarantee and shall be binding

and operative until repayment is made of all monies due to the Corporation under the said Agreement aforesaid.

8. The Corporation shall be at liberty to enforce the guarantee under this deed

separately from or independently of the said agreement and such enforcement shall not be regarded as releasing or in any way affecting the agreement or its enforcement.

9. The obligation of the Guarantor in terms hereof shall not be in any way affected

or suspended by reason of any dispute or disputes having been raised by the Service Provider (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by the Service Provider or any other order of communication whatsoever by the Service Provider stopping or preventing or proposing to stop or prevent any payment by the Guarantor to the Corporation in terms hereof.

10. The Guarantee herein contained shall not be determined or in any way

prejudiced by any absorption or amalgamation or reconstitution or alteration of the Corporation or of the Service Provider or otherwise and the guarantee shall remain such full force and be operative against the Guarantor until the obligations of the Guarantor hereinafter are fully discharged.

11. That nothing omitted or done by the Corporation shall in any way affect or

discharge the liability of the Guarantor under these presents. 12. All sums hereby guaranteed by the Guarantor shall be due and payable to the

Corporation at Mumbai in terms hereof after notice in writing, requiring payment of the same shall have been delivered or sent through registered post, addressed to the Guarantor at their aforesaid address.

13. The Guarantee herein contained shall not be affected or discharged due to any

amalgamation or reconstitution of the Guarantor but shall in all respects and for all purposes be binding and operative until payment of all monies due to the Service Provider as mentioned hereinbefore recited agreement.

14. Notwithstanding anything contained hereinbefore the Guarantor’s liability under

this Guarantee shall be limited to the extent of ` ___________ and unless any

claim is lodged with the Guarantor at their office mentioned hereinabove by three months from __________ day of _____________________ this

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WITH SEAL


Guarantee will be discharged and the Guarantor will be relieved from the performance of this guarantee forever.

IN WITNESS whereof the Guarantor herein set their respective hands and seal on the day, month and year first herein above written. SIGNED SEALED AND DELIVERED By Shri The GUARANTOR herein at ---------------------------- in the presence of :

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WITH SEAL


Attachment

TERMINALLING/HANDLING SERVICES AGREEMENT

THIS TERMINALLING SERVICES AGREEMENT (hereinafter referred to as the “AGREEMENT”) is made at Mumbai this _____ day of ___________________, BETWEEN M/s. Bharat Petroleum Corporation Ltd., an Indian company having its registered office at 4&6 Currimbhoy Road, Ballard Estate, Mumbai – 400 001 (India) (hereinafter referred to as “Principal” which expression shall mean and include its successors and permitted assigns) collectively referred to as “PARTIES” or singularly referred to as ‘PARTY’ as the context requires.

AND ______________________________________ (Name of the Service Provider), an Indian company incorporated under the Companies Act, 1956, and having its registered office ______________________________________ ________________________________________ (hereinafter referred to as ‘the Service Provider’ which expression shall mean and include its successors and permitted assigns); WHEREAS

A. Principal is inter-alia engaged in the business of refining of crude oil, marketing and distribution of petroleum products.

B. Service Provider has been established as a company to render and provide

independent terminalling services. C. BPCL has requirement for storage and handling facilities near Goa Sea Port for

its products (HFHSD) which shall include operations such as unloading of the product from Ship/Tank lorry received ex its refinery/storage point and storage of the product in the dedicated storage tanks and loading into ships/barge/tank lorry for bunkering/local supplies and documentation.

D. Service Provider has oil storage facilities at address ________________ _______________________________________ and has offered its storage and

handling services to the Principal. (Details of the facilities attached) E. Principal has accepted the offer of Service Provider and has agreed to avail the

storage and handling services of the Service Provider. F. Service Provider shall provide independent terminalling services to Principal for

receipt, storage, redelivery and dispatch of Principal’s products.

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WITH SEAL


G. Service Provider will receive at the Terminal, product by ship/tank lorry and store,

transfer and redeliver to ships/barge/tank lorry (arranged for by Principal at their own cost) on behalf of Principal, subject to and upon the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the premises and the mutual terms and conditions hereinafter set forth, the Parties agree as follows: 1 ENGAGEMENT

Principal hereby engages the services of Service Provider and Service Provider hereby agrees to provide facilities and terminalling services at the Terminal for handling of the products of the Principal subject to and on the terms and conditions contained in this Agreement. The Service Provider shall provide exclusive and dedicated tankage for storage of products of the Principal. The detailed description of the Terminal is given in Exhibit “A” (to be given by the service provider). Principal and Service Provider hereby agree and accept that Service Provider has the liberty to provide terminalling services with the Terminal to Service Provider’s other Principals. Principal hereby agrees to use Service Provider’s Terminal for handling of HFHSD (the “Product”), conforming to agreed specifications (as attached as Exhibit “B”- to be given by the Principal), during the validity / subsistence of this Agreement.

2 TERMINALLING SERVICES 2.1 Facility

It is understood by the parties that the facilities provided at the Terminal by Service Provider shall meet Principal’s following requirements.

i. Storage tank for 5000 KL for HFHSD ( Preferably not more than 2 Tanks)

ii. Ship receiving facility @ minimum pumping rate of 600 KL/Hour complete in all respect through a dedicated pipe line owned /arranged by the Tenderer.

iii. Facilities like Pump & Tank Lorry gantry for unloading of Tank Lorries. iv. Pipe line from shore to the jetty Nos 8, 10 & 11 of MPT for bunkering

of fuels to the ship/Barge @ minimum pumping rate of 100 KL/Hour with the provision of flowmeters.

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WITH SEAL


v. Facilities like Pump & Tank Lorry Gantry for loading of Tank Lorries for Bunkering supplies/local deliveries.

2.2 Broad Description of the Facility

Service Provider will ensure that the Facility shall: Have pipeline connection with the Jetty pipelines, storage tank , piping, pumps, flowmeters and other such associated equipment with computerized systems, fire protection, VHF communication etc. as provided in Exhibit “A”.

2.3 Broad Description of Terminalling Services Provided by Service Provider Service Provider shall:

i) Ensure that the Terminalling Services shall be performed under and in

accordance with this Agreement with due diligence and efficiency, professional skill and workmanship, sound principles and prevailing oil industry practices, statutory requirements as per the applicable laws of India relating to health, safety at work, environmental protection and fire prevention, and in accordance with the requirements of the relevant permits;

ii) Obtain and maintain the necessary permits, licenses and approvals and comply with all applicable law, statutory requirements and regulations being in-force from time to time relating to Terminalling Services to carry out its obligations under the Agreement.

iii) Receive the Product from ship/tank lorry which shall be loaded from BPCL

refinery/supply point and provide Bunker fuel to ship/ barge to be berthed at the GOA Port by the Principal as per schedule specified by the Principal from time to time, besides loading Tank lorries for onward supplies to Bunkering /local customers.

iv) Provide Principal with summary of Principal’s product activity including

physical inventory on a daily basis. This includes forwarding notes, release memos, tank lorry/ship unloading documentation, statutory documents and stock/sales transfer documentation in BPCL SAP system. If necessary Service Provider will maintain excise documentation / records on behalf of Principal. Principal to provide necessary ‘Power of Attorney’ enabling Service Provider to fulfill above mentioned documentation requirements. Principal to keep Service Provider fully indemnified at all times for any / all documentation related issues / claims.

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WITH SEAL


v) Carry out all liaisoning with Port Authorities for berthing/unloading/ supply of Bunkers fuel to Ship/barges & also liaisoning with Excise authorities on behalf of Principal.

vi) Co-ordinate with the Principal’s representatives / Surveyors for their

product movement plan through ships / tank lorries.

vii) Maintain the facilities and the terminal in good order and condition at all times.

viii) Ensure that all laws, statutory requirements and regulations from time to

time being in force relating to facilities will be complied with and obtain the necessary permits, licenses and approvals as necessary to carry out Service Provider obligations under this agreement.

The services to be provided by Service Provider under this Agreement shall be available around the clock (for vessel unloading/loading & supply of Bunker fuel). Delivery timings to ships to be coordinated by Service Provider on day to day basis.

2.4. Service Provider will receive the product at minimum pumping rate of 600 KL/hour from the ship and will load ship/barge at the pumping rate of minimum 100 KL per hour. Any demurrage due to poor unloading/loading rate will be borne by Service Provider.

2.5. In respect of its employees and labour forces, Service Provider shall ensure, and would remain totally responsible, for compliance and implementation of all laws, rules and regulations as applicable, more particularly Workmen's Compensation Act 1923, Employees' Provident Fund and Miscellaneous Provisions Act, 1952, Employees State Insurance Act, 1948, Minimum Wages Act 1948, Contract Labour (Regulation and Abolition) Act, 1970, Industrial Disputes Act, 1947, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, and other relevant labour / other legislations in force. Principal shall in no event, be liable or responsible for any default that will arise out of non observance/compliance of such laws/rules on the part of Service Provider and that Service Provider shall indemnify and keep indemnified Principal against the same and from any proceedings in respect thereof.

2.6. It is the responsibility of service provider to ensure timely and methodical evacuation of remaining product to the Principal on completion/termination of the contract.

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WITH SEAL


3. SECURITY DEPOSIT

3.1 The Service Provider shall submit / provide to the Principal a Security Deposit of `2 Crore (Rupees Two crore only) by way of a Bank Guarantee issued by a Scheduled Bank and as per the stipulated format, to cover the period of 6 months beyond the date of expiry of contract period which includes, inter-alia, the full period of the contract and additional six months for due fulfillment of terms of this Agreement. The Principal, at its sole discretion may take recourse to the Bank Guarantee, to recover part or whole of the guaranteed sum. However, the claims of the Principal against the Service Provider shall not be limited to the amount stipulated in the Bank Guarantee.

3.2 The Principal shall be entitled to adjust any sum due to it from the Security

Deposit amount and/or any contract charges / dues pending for payment to the Service Provider.

4 TERM Subject to the terms of this agreement, Service Provider will make available to

Principal and Principal will use the facility for a period of 24 months from the date of placement of product or upto 31.03.2016 whichever is later (the “Term”). The company reserves the right to foreclose the tender by giving 90 days notice to the tenderer.

The Term would comprise of invoice cycles of 30 (thirty) days each starting

from Service Provider’s formal ‘Notice of Readiness’ for the tank / s (post their inspection by BPC’s nominated surveyors).

5 TANK CAPACITY

Service Provider will provide Principal for the Term with cumulative tank capacity of 5000 KL capacity (hereinafter called the “Tank Capacity”). The cumulative safe filling capacities of the tank/s shall be conveyed to the Principal in advance and shall have no influence on the Handling Fees as defined in clause 6 of this Agreement. In case at any time during the term of this agreement the Service Provider is required to change the tank configuration due to operational and/or technical reasons it shall give the Principal sufficient and due prior notification for any such changes to the tank configuration. Provided further that, at all times, the Service Provider shall provide the Principal the same tank capacity. Principal may request Service Provider to bond above mentioned Tank Capacity. However bonding facilities will be only available after Principal has obtained all necessary clearances thereof. Principal shall make all necessary

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WITH SEAL


efforts and arrange for all documentation required. All costs related to this activity shall be on the Principal’s account. Principal undertakes to comply with all Customs/Excise and other statutory requirements with respect to bonding of the capacity and shall keep Service Provider indemnified against all claims whatsoever resulting from bonding of the capacity.

All Product insurance is to be arranged and cost borne by Principal. The Parties agree that Principal will lift all Product stored and vacate and de-bond the Tank Capacity utilized by the end of the Term.

6 OWNERSHIP The Terminal shall solely vest in and is the absolute property (both legal and beneficial ownership) of the Service Provider and shall not be within the ownership control or disposition of the Principal. The Principal acknowledges and agrees that (a) it has no proprietary or other rights in or to the Terminal and (b) it shall not at any time challenge or otherwise oppose Service Provider’s ownership of the Terminal. Similarly, the products stored at the terminal shall be absolutely owned by Principal. The Service Provider acknowledges and agrees that (a) it has no proprietary or other rights in or to the said Products and (b) it shall not at any time challenge or otherwise oppose Principal’s ownership of the Products.

7 HANDLING OF PRODUCTS 7.1 TESTING / SAMPLING / SURVEYORS

Principal to appoint their boarding officer / surveyor for supervising the entire ship unloading operations and the same officer would be responsible for ensuring full compliance with all provisions of the Principal’s Operations Manual with respect to the carrying out of all unloading operations which inter alia would include but not be restricted to gauging / sampling / ullaging of ship’s tanks / shore tanks (jointly with Service Provider), prior to commencement of unloading operations etc. Service Provider to ensure that the Principal’s operation manual is complied with as instructed by the Principal’s boarding officer / surveyor.

Service Provider shall provide with test report copy and retention samples of the product pumped from the storage tank prior to commencement of loading operations.

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WITH SEAL


7.2 POINT OF DELIVERY OR RE-DELIVERY

The product shall be deemed to have been delivered to Service Provider at the Terminal from the ship/tank lorry immediately upon the product having passed the connecting flange of the pipeline of the Terminal connected to the Ship/tank lorry.

The product shall be deemed to have re-delivered to the Principal from the Terminal if the product is re-delivered by ship/barge/tank lorry and are to be loaded by means of pumps after they have passed the connection at the terminal / jetty to the means of transport.

8 HANDLING FEES 8.1 Principal shall pay Service Provider for use of the Facility throughout the Term

the following fees:

(A) Handling Fee

A consideration of `________ per month of the Tank Capacity (i.e. 5000

KL). (B) Pipeline Pigging Fees:

For vessel/ship unloading operations, pipeline air pigging fee of `__________ (for each operation of Ship) shall be paid by Principal to Service Provider.

(C) Documentation Fee

Principal will pay lumpsum documentation fee of ` _________ per month

towards manpower assistance for availing customized documentation services.

Principal would provide their official stationery, hardware and software for compliance with their customized documentation / records requirements (if any) along with imparting necessary training to Service Provider’s designated personnel.

Above rates are exclusive of applicable Service Tax (presently 12.36%)

8.2 All rates set out in clause 8.1 above shall be deemed to cover the cost of Service Provider personnel and services, including the cost of payroll, allowances, over heads, overtime, profits and fees for handling Principal’s Product.

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WITH SEAL


8.3 Other Charges

All rates / charges set out in clause 8 are exclusive of all port charges, wharfage charges, pilotage charges, berth hire charges, third party surveyors, CHA, surveying and product testing charges, customs / CVD / excise duties, sales tax (including CST), and all other statutory levies now in force or which may be imposed here after, payable on products received or services covered by this agreement shall be on actual on Principal’s account based on necessary bills or supporting documents. The Principal hereby agrees to indemnify and keep Service Provider indemnified at all times in relation to all such rates, charges, taxes, duties, etc.

8.4 Taxes / Duties

The rates set out in clause 8, are exclusive of all taxes, duties and levies, which must be paid by Principal in relation to the provision of services under this Agreement or in relation to the Products. Further, Principal will either settle directly or forward to Service Provider (for onward submission of the same on their behalf by Service Provider) if and or when required, any tax, duty or levy, which, as owner of the Product stored at the facility, it is lawfully and administratively required to do. Principal would be fully responsible for all statutory compliances (including maintenance of records, timely submission of records, returns e.g. Sales Tax / TOT returns etc.) Principal indemnifies Service Provider against all taxes, assessments, duties and/or other governmental charge or impositions whatsoever at any time concerning Product or services irrespective of whether the Product is still in Service Provider Facilities or not.

9 PAYMENTS TERMS

Monthly bills will be payable within 15 (fifteen) days from date of invoice raised/ received after expiry of the respective month. In the event of any dispute relating to billing and payments, the amount not in dispute will be payable as per the above payment terms. Disputed amounts, if any will be payable immediately upon the settlement of the disputed amounts between the Parties.

10 PRODUCT QUALITY 10.1 Specifications

Principal will supply Product conforming to agreed specifications. If at anytime the product supplied by Principal fails to conform to the approved specifications,

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WITH SEAL


Principal will remove all non-conforming products from the storage facilities and replace the same with conforming products, or take steps to correct the same. However, during handling of same if Product does not conform to agreed specifications owing to reasons of negligence of Service Provider, the cost of correction (which includes freight, down gradation / up gradation cost, if any, processing charges if any) shall be recovered from Service Provider.

10.2 Samples

Service Provider will take samples of all bunkering supplies and shall preserve the same for a period of 1 year. In the event of any complaint / dispute, the product representative sample will be checked. If it fails to meet the agreed specifications, recovery of losses, if any, will be to Service Provider’s account. All costs for surveyors engaged by the Principal shall be on Principal’s account and costs for surveyors engaged by Service Provider shall be on Service Provider account.

11 PRODUCT LOSS 11.1 Service Provider shall be responsible only for the quantity of cargo pumped

from the vessel or received in the Tank whichever is higher @ 15 C. 11.2 The Service Provider agree that actual loss of product in storage and handling

at the terminal shall not exceed the following norm during the Term of the Agreement :

Permissible loss for HFHSD is “NIL” at 15 C on volume handled quantity. Any

loss beyond the permissible limits shall be recovered from the service providers’ monthly bills. Reconciliation of stock account to this effect shall be done on monthly basis.

12 LIABILITIES AND INDEMNITIES

12.1. From the date of commencement of operations,

a. Service Provider shall ensure that the Product is handled and the

Terminalling Services are provided with reasonable care and skill expected of an organization rendering such services and in accordance with accepted industry practice.

b. Service Provider will be liable for any delay in receipt of the product from the Vessel owning to reason attributable to pipe line.

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WITH SEAL


c. Notwithstanding anything contrary in the Agreement, Service Provider shall

not be liable for any claim arising from Force Majeure. d. In the event that any loss or damage is caused to Principal (including but not

limited to loss / damage caused to Principal on account of Principal having to supply the Products from alternative sources in the event that Service Provider is unable to render the Terminalling Services from the Terminal), and / or to third parties to whom Principal shall be liable for such loss or damage, for which Service Provider is liable, then Service Provider shall keep the Principal indemnified against such loss or damage.

12.2. In respect of all provisions stated in the agreement providing for one Party

(“the indemnifying Party”) to indemnify the other (“the other Party”), the following shall be conditions to such indemnity: i) Prompt written notice shall be given to the Indemnifying Party by the other

Party of such claim; and ii) No payments shall be made by the other Party in respect of which it may

wish to claim against the indemnifying Party under this Clause to any third party claimant without prior consultation with the Indemnifying Party; and

iii) The Indemnifying Party shall be given the opportunity by the other Party to

participate in the negotiations for settlement or in the defence of such claims.

12.3. Neither Party shall be liable to the other under any of the indemnities

expressed in this Agreement, or in contract or in tort, for any indirect or consequential losses including but not limited to loss arising from business interruption, loss of use, loss of profit and loss of anticipated profit.

13. INSURANCE

Principal as owner of the Product stored in the Terminal shall arrange and maintain adequate insurance in respect of the quantity/s of Products and the costs of such insurance shall be borne by and shall be to the account of Principal. Service Provider shall arrange and maintain adequate insurance for the facilities comprised in the Terminal as also for third party risks and public liability in operating the Terminal and the cost of such insurance shall be borne by and shall be to the account of Service Provider.

14. LIEN AND RIGHT OF DISPOSAL

It is agreed that Service Provider shall not have any right of lien and

retention over the Products of Principal.

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WITH SEAL


15. ASSIGNMENTS Neither party shall have the right to assign this Agreement, in whole or in part, or any rights hereunder without the prior written consent of the other Party. This written consent shall not be unreasonably withheld or delayed and any reason for disapproval shall be given in writing, setting out the grounds for reaching the decision. This agreement shall inure to the benefit of and be binding upon its successors and permitted assigns of the Parties hereto. In the event of any assignment by either Party the assigning Party shall remain permanently liable to the other party for all obligations contained in this Agreement regardless of whether such obligations were part of or covered by the Assignment.

16. WAIVER Failure of either party to require performance of any provision of this Agreement shall not affect such party’s right to full performance thereof at any time thereafter, and any waiver by either party of a breach of any provision hereof shall not constitute a waiver of similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of the concern party.

17. MODIFICATION

This Agreement may not be amended, changed, or modified in any way except by a written amendment executed by the Parties hereto. Any such written amendment needs no additional consideration to be enforced.

18. LAW AND LANGUAGE The Parties agree that this Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The operations carried out or to be carried out by Service Provider shall be subject to the laws, regulations and rules in force and directions, that have been given or will be given by the Government or local authorities or other authorities, institutions or persons having authority to do so. If such laws, regulations, rules or directions are amended after the date on which the Agreement has been executed, the amendments shall be deemed to form part of that Agreement. The parties agree to submit to the exclusive jurisdiction of the courts at Mumbai in connection with any matters which might arise out of this agreement.

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WITH SEAL


The language for the purposes of this Agreement shall be the English language and all correspondences, notices and communication etc. shall be in English.

19. NO AGENCY Save for the provisions contained in this Agreement, nothing herein shall create or constitute a relationship of agency between Principal and Service Provider, and Service Provider undertakes that it shall not conduct itself or hold itself out as agents of Principal in any measure or under any circumstances whatsoever.

20. COMPLIANCE WITH LAWS AND REGULATIONS Each Party to this Agreement shall conform to all applicable provisions of every statute, statutory instrument, bye-laws or regulations from time-to-time in force affecting this Agreement and will give all necessary notices and obtain every requisite sanction or approval in respect of this Agreement under every such statute instrument bye-law or regulations. The non-conforming Party shall indemnify the other Party against any fines, penalties, losses, costs or expenses incurred by the other Party in respect of any non-compliance with the provisions with the laws and/or regulations.

21. TERMINATION

21.1 Ground of Termination

At any time after the day of execution of this Agreement, either party may terminate this Agreement upon the occurrence of one or more of the following events in relation to the other: A substantial breach or failure to comply in any material respect to any provision of this Agreement in such a way that it is unreasonable for the other Party to continue with the Agreement and such failure continues for more than 30 (thirty) days following written notice thereof by the other Party to the Party in breach; or The appointment of any receiver, receiver and manager or administrator or a petition is presented or order passed for the winding up or liquidation for their equivalent in any jurisdiction, which is applicable of that Party or any material part of their undertaking. Non-compliance with clause 10 of this Agreement.

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WITH SEAL


21.2 Termination at Discretion.

Notwithstanding anything contained/provided in this Agreement and attachments to this Agreement either party shall have the right at its sole discretion to terminate this Agreement by giving advance 90 days (3 months) written notice to the other Party without assigning any reason for such termination. During the said notice period of 90 days (3 months) it would be binding on both Parties to fulfil their respective contractual obligations as mandated by this Agreement.

21.3 The termination or purported termination of this Agreement shall be without

prejudice to any claims or rights of action previously accrued to either party against the other.

22. NOTICE

Any notice or other communication required or permitted under this Agreement shall be in writing and shall be given by registered post, hand delivery, courier service, telex, or telefax addressed to the relevant party at the addresses set forth below or such other addresses as may be designated from time to time. A) In case of Service Provider to :

Address of Service Provider Attention: Managing Director Telefax: +91__________________

B) In case of Principal to:

Territory Manager (Indl) M/s. Bharat Petroleum Corporation Ltd. Sahajanand Complex, 2416, Gen Thimmaya Road, East Street, PUNE ( Maharashtra) – 411001 Attention: Mr. Shrikant Yadwadkar Telefax : 020 26345143

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WITH SEAL


23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and its supersedes all prior written or contemporaneous oral undertakings relating to the storage or Product and there are no other agreements or understandings between the Parties to this subject matter.

24. FORCE MAJEURE

24.1 None of the Parties shall be liable or responsible for any failure to perform or delay in performance of their respective obligations hereunder if such failure or delay is due or attributable to or arises out of any Force Majeure event, provided notice of occurrence of any Force Majeure event is given by the affected party to the other parties within a period of 10 (Ten) days of such occurrence and such notice includes reasonably satisfactory evidence or the Force Majeure event.

24.2 Definition of Force Majeure To the extent that the event is not within the reasonable control of the party

whose performance under this Agreement is affected thereby, the term “Force Majeure” as used in this Agreement shall mean and include any of the following events: war, hostilities, acts of the public enemy or belligerents, sabotage, blockage, revolution, insurrection, Service Provider, or disorder, expropriation, requisition, confiscation or nationalization; act of God: fire, earthquake, storm, flood, lightning, or to government taking over whether or not by formal requisition, epidemic, quarantine, strikes or combination of workmen, lockouts or other labour disturbances; explosion, accidents by fire or otherwise to plants, storage facilities, installations, machinery, or to transportation or distribution facilities or equipment or any other event, whether or not of the same class of kind or those above set out.

24.3 Should the event of Force Majeure for an uninterrupted period of ninety (90)

days or more, then either party shall have the right to terminate this agreement by a ninety (90) days’ notice to the other and this Agreement shall terminate upon the expiry of such ninety (90) days period if the Force Majeure event subsists.

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WITH SEAL


25. ARBITRATION

If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement (and whether before or after the termination of breach of this Agreement) Parties hereto shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. In the event no amicable resolution or settlement is reached within a period of thirty (30) days from the date on which the dispute or difference arose, such dispute or difference shall be referred to the sole arbitration by Director (Marketing) of the Principal or such Officer as may be nominated by him by general or special order for adjudication of the dispute or difference referred by the parties. The award of the said Sole Arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement. The provisions of the Arbitration & Conciliation Act, 1996 or any statutory medication or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

26. CHANGE IN LAWS AND REGULATIONS OF GOVERNMENT AND LOCAL AND OTHER AUTHORITIES

The operations carried out or to be carried out by Service Provider shall be subject to the laws, regulations and rules in force and directions, that have been or will be given by the Government or local authorities or other authorities, institutions or persons having authority to do so. If such laws, regulations, rules or directions as amended after the date of which the Agreement has been executed, the amendments shall be deemed to form part of that Agreement. Consequently, all such future statutory levies, taxes, dues etc. to avail Service Provider’s services at the Terminal would be fully payable by Principal at all times.

27. CONFIDENTIALITY

The terms of this contract are strictly confidential between Service Provider and the Principal and any breach of this confidence, will be viewed with utmost seriousness being tantamount to breach of contract leading to termination of contract and action that will follow legal or otherwise.

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WITH SEAL


28. STAMP DUTY

Stamp duty for the Agreement shall be shared equally by both the parties.

IN WITNESS WHEREOF the Parties through their authorised representatives have signed the Agreement in two counterparts at the place and date specified first, herein above. For and on behalf of For and on behalf of Service Provider Bharat Petroleum Corporation Ltd. Witness : 1) ______________________ 1)________________________ 2)_______________________ 2)_______________________ Place : Date :

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WITH SEAL


ATTACHMENT-

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS Tenderers should furnish following details in the appropriate part based on their organization structure.

Organizational structure Part of the form

applicable.

Sole Trader PART – A

Partnership PART -- B

Company Private / Public / Co-operative Society PART -- C

PART – A

(Applicable where Tenderer is Sole Proprietor)

1. Name: 2. Address: Residence: Office: 3. State whether tenderer is related to any of the Director(s) of BPCL: YES / NO 4. If ‘Yes’ to 3, state the name of BPCL’s Director and Tenderer’s relationship with

him / her.

Place: SIGNATURE OF TENDERER Date:

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WITH SEAL


PART – B

(Applicable where the Tenderer is a partnership firm)

1. Name of the partnership firm responding the tender: 2. Address: 3. Name of partners: 4. State whether any of the partner is a Director of BPCL : YES / NO* 5. If “Yes” to 4, state the name(s) of BPCL Director. 6. State whether any of the partner is related to any of the Director(s) of BPCL: YES / NO* 7. If “Yes” to 6, state the name(s) of BPCL Director and the concerned partner’s

relationship with him / her. *Strike off whichever is not applicable. Place: Date:

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WITH SEAL


PART – C

(Applicable where the Tenderer is a Public/Private Ltd. Company / Co-operative Society) 1. Name of the Company responding the tender: 2. Address of: (a) Registered Office: (b) Principal Office: 3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative

Society. 4. Names of Directors of the Company/Co-operative Society 5. State whether any of the Director Of the Tenderer/Company is a Director of

BPCL: Yes/No 6. If ‘Yes’ to (5) state the name(s) of the BPCL Director. 7. State whether any of the Director of the Tenderer Company is related to any of

the Directors of BPCL: Yes / No* 8. If ‘Yes’ to 7, state the name(s) of BPCL’s Director & the concerned Director’s (of

the tenderer Co.) relationship with him / her. *Strike out whichever is not applicable.

Place:

Date:

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WITH SEAL


DECLARATION ‘A’ We declare that we have complied with and have not violated any clause of the standard Agreement Place: Signature & Seal Date:

DECLARATION ‘B’ We declare that we do not have any employee who is related to any officer of the Corporation / Central / State Government

OR

We have the following employees working with us who are near relatives of the officers of the Corporation. Name of the Employee Name and Designation of of the Contractor the Officer of the Corporation 1. __________________________ ________________________

2. __________________________ ________________________

3. __________________________ ________________________

4. __________________________ ________________________

Place: Date: Signature & Seal

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WITH SEAL


DECLARATION ‘C’ The Tenderer is required to state whether he is a relative of any Director of our Corporation or the tenderer is a firm in which Director of our Corporation or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of our Corporation is member or Director, (the list of relative(s) for this purpose is given overleaf) Place: Date: Signature & Seal N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent to signing the above declaration and the employee so appointed happen to be near relatives of the Officer of the Corporation/Central/State Government, the Contractor should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Corporation/Central/State Government.

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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 or

ii) He / She / They are Husband & Wife OR

iii) The one is related to the other in the manner indicated below.

1. Father

2. Mother (including Step Mother)

3. Son (including Step Son)

4. Son’s Wife

5. Daughter(including Step Daughter)

6. Father’s Father

7. Father’s Mother

8. Mother’s Mother

9. Mother’s Father

10. Son’s Son

11. Son Son’s Wife

12. Son’s Daughter

13. Son’s Daughter’s Husband

14. Daughter’s Husband

15. Daughter’s Son

16. Daughter’s Son’s Wife

17. Daughter’s Daughter

18. Daughter’s Daughter’s Husband

19. Brother (including Step Brother)

20. Brother’s Wife

21. Sister (including Step Sister)

22. Sister’s Husband

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WITH SEAL


Attachment

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding the date of the tender opening for _________________________________contract, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer him / herself ordinarily resides otherwise than for the purpose of his own education. The enclosed format below is to be used for the purpose. ______________________________________________________________

Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his claim.

FORM OF CASTE CERTIFICATE 1. This is to certify that Shri / Smt / Kumari* son /daughter* of

UUUUUUUUU.of village /town* UUUUUUUin district / division*UUUUUUUUUof the State / Union Territory*UUUUUUU belongs to the UUUUU..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, The State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976) @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964

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@The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have

migrated from one State / U.T: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt* __________________ father / mother of Shri / Smt / Kumari* ____________________________ in District / Division ____________________ of the State / Union Territory* ________________ ________________________ who belong to the _____________________ Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the

State / Union Territory* ___________________________ issued by the

______________________________________ (Name of prescribed authority)

vide their no. ____________ dated ______________

3. Shri / Smt /Kumari* _________________________ and/or his / her* family

ordinarily reside(s) in village / town _______________________________ of

______________________ District / Division of the State / Union territory of

________________________

SignatureUUUUUUUUU

PlaceUUUUUUUUUState/Union Territory

DateUUUUUUUUU DesignationUUUUUUU...

(With seal of Office)

* Please delete the words, which are not applicable.

@ Please quote specific Presidential Order.

% Delete the paragraph, which is not applicable.

Note: The term ‘ordinarily reside(s) used here will have the same meaning as in

Section 20 of the Representation of the Peoples Act, 1950.

** List of authorities empowered to issue Scheduled Caste/Scheduled Tribe Certificates:

1. District Magistrate/Additional District Magistrate/Collector /Deputy

Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City

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Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class Stipendiary Magistrate).

2. Chief Presidency Magistrate / Additional Chief Presidency Magistrate /

Presidency Magistrate

3. Revenue Officers not below the rank of Tehsildar.

4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

5. Administrator/Secretary to Administrator/Development Officer (Lakshdweep

Islands).

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Attachment

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

GENERAL IRREVOCABLE POWER OF ATTORNEY We, the undersigned (1) Shri _____________________________________ (2)Shri_______________________________ (3) Shri __________________________ all residing at _________________the Partners/Directors of M/s __________________________ having its registered office at _______________________________ do hereby nominate, authorize and appoint Shri _____________________________________________ & Shri_________________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/s _________________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and / or complete the tender document of

Terminalling / Handling of petroleum products and also other relevant documents required by M/s__________________ Corporation Ltd. (hereinafter called The Company) in respect thereof.

ii) To negotiate, enter into correspondence with the Company and do all and

everything necessary suitable or proper with regard to the said tender for transportation of petroleum products.

iii) To sign, seal, execute, perfect and/or complete the said Terminalling / Handling

Contract Agreement and all and / or any other document, Indemnity Bond etc. required by the Company in connection with the said Contract Agreement.

iv) To do all acts, deeds, as may be necessary for and incidental to the execution

of proper performance of the said transport contract agreement with BPCL. v) We the said partner(s) do hereby agree to allow verify and confirm all and

whatsoever the said Shri __________________ and Shri____________________ shall or may do or cause to be done in or about the said tender and the said Contract / Agreement, the execution and proper performance thereof by virtue of these presents.

vi) This Power of Attorney shall remain irrevocable till the validity period of our

quotation / Contract / Agreement / or refund of our Security Deposit whichever is later.

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In witness whereof we have hereunto set and subscribed our hands at ____________ this________ Day of ____________ Two thousand ______________ 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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(On Non Judicial stamp paper) Attachment-

UNDERTAKING

Name of the Tenderer _____________________________________ The following terms and conditions are deemed as accepted by us for participation in the bid: 1. We have understood and accept the general terms and conditions, technical

specifications and bidding process & time line as per tender no. BPC / I&C / Pune/ 01/ 2013-14.

2. We undertake to provide storage and allied facilities for receiving, storing and

evacuation of HFHSD through our terminal at GOA at the disposal of BPCL. 3. The award decision by BPCL would be final and binding on us. 4. We will not divulge either our bids or those of other Tenderers to any other

external party. 5. We agree to non-disclosure of trade information regarding the purchase, identity

of BPCL, bid process, bid documentation and bid details. 6. Our participation in the bid is with reference to Public tender given by BPCL;

BPCL is not obliged to award the contract and will be at liberty to cancel the bid and initiate a fresh one, if necessary.

7. We are aware that the bids once made cannot be modified or withdrawn under

any circumstances. We undertake and accept that our modifying or withdrawing the bids shall render the bid invalid and the EMD amount shall be liable to be forfeited by BPCL.

8. We shall indemnify and hold BPCL, its subsidiaries, its and their successors and

assigns, officers, employees and agents harmless from any direct or indirect loss or damage and or claims for personal injury or property damage caused by any contractual problems or by our negligent or fraudulent act, omission or wilful misconduct or breach of any term of this Agreement.

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9. If any of the information provided by us in the tender document is found to be incorrect at any stage of the contract period, the contract work awarded to us shall be liable to be terminated and we undertake to pay and compensate BPCL all such damages that BPCL may be put to due to termination of the contract.

SIGNATURE OF THE TENDERER /

AUTHORISED SIGNATORY WITH SEAL

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ATTACHMENT

INTEGRITY PACT

Between Bharat Petroleum Corporation Ltd (BPCL) hereinafter referred to as “The Principal”,

And M/s _______________________________________________ hereinafter referred to as “The Service Provider” Preamble The Principal intends to award, under laid down organization procedures, contract/s for ______________________ The Principal values full compliance with all relevant laws and regulations, and the principal of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s. In order to achieve this goal, the Principal co-operates with the renewed international Non-Governmental Organization “Transparency International’ (TI). Following TI national and international experience, The Principal will appoint an external independent Monitor who will monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1– Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption

and to observe the following principles:

i. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/ herself or third person, any material or immaterial benefit which he/ she is not legally entitled to.

ii. The Principal will, during the tender process treat all Bidders with equity and

reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/ additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

iii. The Principal will excluded from the process all know prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which

is a criminal offence under the relevant Anti-Corruption Laws of India, or if there

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be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2– Commitments of the Bidder/ Contractor (1) The Principal commits itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

i. The Bidder/Contractor will not, directly or through any other person or firm,

offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/ she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

ii. The Bidder/Contractor will not enter with other Bidder into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bid or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

iii. The Bidder / Contractor will not commit any offence under the relevant Anti-

corruption Laws of India; further The Bidder/Contractor will not use improperly, for purpose of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposal and business details, including information contained or transmitted electronically.

iv. The Bidder/Contractor will, when presenting his bid, disclose any and all

payment he has made is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences

outlined above or be an accessory to such offences. Section 3 – Disqualification from process and exclusion from further contracts If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder / Contractor have committed a transgression through a violation of

Section 2 such as to put his reliability or credibility into question, the Principal is

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entitled also to exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of the exclusive will be determined by the severity of the transgression. The severity will be determined by the circumstance of the case, in particular the number of transgression, the position of the transgressor within the company hierarchy of the Bidder and the amount of the damage. The exclusive will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due

consideration of the available evidence, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s

absolute right to resort to and impose such exclusive and further accepts and undertakes not to challenge or question such exclusive on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder/ Contractor can prove that he has restored/ recouped the damage

caused by him and his installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 -Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to the

award according to section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, of if the

Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or

demur subject only to condition that if the Bidder/ Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the extent of the damage in the amount proved.

Section 5 – Previous Transgression

(1) The bidder declares that no previous transgression occurred in the last 3 years

with any other Company in any country conforming to the TI approach or with

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any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be terminated

for such reason. Section 6 – Equal treatment of all Bidder / Contractor / Subcontractors (1) The Bidder / Contractor undertake to demand from all subcontractors a

commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one

with all Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign

this Pact or violate its provisions. Section 7 – Criminal charges against violating Bidders/ Contractors/ Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an employee or a representative or a representative or an associate of a Bidder, contractors or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 – External Independent Monitor / Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor for

this Pact. The task of the Monitor is to review independently and objectively and objectively, whether and to what extent the parties comply with the obligations under this agreement.

The external independent Monitor for this pact will be Shri. Brahm Dutt, No 82,

Shakti Bhavan, Race Course Road, BANGALORE – 560001. Telephone No 080 – 22256568 , 09731316063.

(2) The Monitor is not subject to instructions by the representatives of the parties

and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request

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and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder/ contract to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the

Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended

to/ provided to Outside Expert Committee members/ Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated

suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Commissioner, Government of India.

(9) The word “Monitor” would include both singular and plural. Section 9 – Pact Duration This Pact being when both parties have legally singed it, If expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders. 6 Months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue. To be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

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Section 10 – Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction

is the Registered Office of the Principal at Mumbai. The Arbitration clause provided in the main tender document/ contract shall not be applicable for any dispute arising under Integrity Pact.

(2) Change and supplements as well as termination notices need to be made in

writing. Side agreements have not been made. (3) If the Contractor is a partnership or a consortium, this agreement must be

signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the

reminder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

----------------------- -------------------------------- For the Principal For the Contractor Place____________________ Witness 1: _____________________ Date ____________________. Witness 2: _____________________

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TENDER FOR PROVIDING TANKAGE NEAR GOA SEA PORT FOR STORAGE/HANDLING OF HFHSD.

TENDER NO : BPC/I&C/ Pune/ 01 / 2013-14

RATE SCHEDULE (PRICE BID)

Subject : Storage / Handling for HFHSD

Period of Contract : 2 (two) years

Sr

No

Product / Item Quantity Unit

Unit Rate*

(Rs)

Amount *

(Rs)

1 Tankage Hire charges for

HFHSD 24

5000 KL

Per Month

2 Pigging of pipeline (for

Receipt of product ) Rate

only #

- each

operation

3 Documentation 24 Per month

(lumpsum)

4 Total

5 Service Tax as applicable

6 Grand Total

# Sr Nos 2 will be operated on need basis only.

* Includes tankage hire, receipt, delivery of HFHSD and providing necessary associated infrastructure e.g. pipelines, pumps, flowmeters, TL filling gantry and all related services. The above rates shall be deemed to cover the cost of personnel and services including the cost of payroll, operating cost / overheads etc. of the bidders but are exclusive / inclusive of applicable service tax.