NOTICE INVITING TENDER BHARAT PETROLEUM CORPORATION … · 2013. 12. 9. · The cost of obtaining such Digital Certificate shall be borne by the tenderer. 2) In case any tenderer

[BPCL/NR/LOGS/PRMRY/TPT/TTS-2011-13 – e-Tender] Page 1

NOTICE INVITING TENDER

BHARAT PETROLEUM CORPORATION LIMITED REGIONAL MANAGER (LUBES) NORTH

PLOT NO A-5 & A-6 – UDYOG MARG, SECTOR – 1, NOIDA – UTTAR PRADESH – 201 301.

TEL NO. 0120-2474134, FAX NO. 0120-2474358

Tender no BPCL/TPT/NR/PRMRY/PACKED/LONI 2011-2013

Date : 01.08.2011

Subject

E-Tender for road transportation of Packed

Lubricants / Greases / Specialities / Additives in

ISO Container Trucks Ex Loni Plant at

GAZIABAD to various upcountry depots /

customer locations in NORTH REGION.

Pre-bid meet for clarification on tender

condition will be conducted at BPCL

Regional Office at Noida.

18.08.2011 at 11.00 Hrs

Due date & time of submission of tender 25.08.2011 at 11.00 Hrs

Date & time of opening of technical bid 25.08.2011 at 11.30 Hrs at BPCL , Regional

Officer NOIDA

Contract period

One year w.e.f. 01.12.2011 with an option for

extension by one more year at sole discretion of

BPCL at same rates, terms and conditions

Earnest Money Deposit Rupees One Lakh (Rs. 1,00,000/-)

Tender Fee Rupees Five Thousand (Rs. 5,000/-)


M/s. Dear Sir/Madam, Subject: Invitation of tender for road transportation of Packed Lubricants / Greases / Specialties / Additives in ISO container trucks Ex-Loni Lube Plant to various upcountry Depots / Customer Locations in NORTH REGION. (Tender No. BPCL/TPT/NR/PRMRY/PACKED/LONI 2011 – 2013 due on 25.08.2011 at 11 am) 1. You are invited to submit your offer in a two-part bid for subject tender.

2. Please visit the website https://bpcl.eproc.in for participating in the tender and submit your bid online.

3. The Bid consist of the following documents to be submitted on-line

a. Credential / Technical Bid (Un-priced) b. Price Bid for ISO Container trucks (Part-A) c. Price Bid for Full Body trucks (Part-B)

4. Additionally, it is mandatory that you shall be required to submit following documents in physical form at our Noida Regional Offices, Plot no A-5, A-6, Sector -1, Udyog Marg Noida 201301.

Sr. No.

Particulars

1 Tenderer’s Covering Letter as per format in Attachment-3 2 General Irrevocable Power of Attorney as per format in Attachment-4 3 Affidavit for Attached Trucks on Rs. 20/- Stamp Paper as per format in Attachment-5 4 Details of relationship with BPCL Directors as per format in Attachment-6

5 Caste Certificate (wherever applicable) issued by Competent Authority as per format in Attachment-7

6

a) Credential of Transport Experience as per format in Attachment-8 b) Experience letter from contracting company on their letterhead for transportation of Petroleum Products along with copy of LOI / Contract with them.

7 Undertaking as per format in Attachment-9 8 Declaration by Tenderer as per format in Attachment-10 9 Attested acknowledged copy of the latest IT Return filed and copy of PAN Card 10 Attested copy of previous 3 years audited annual report i.e. 2006-07, 2007-08, 2008-09. 11 Attested copies of Trading license or Company Registration Certificate. 12 Attested copies of Partnership Deed or Certificate of Incorporation

13 Attested copies of R C Book, Fitness Certificate, Route Permit and Insurance Certificate of all ISO Containerised trucks offered

14 Tender Fee DD of Rs. 5000/- as per tender Para 2.1 point no. 3 15 EMD DD of Rs. 1,00,000/- as per tender Para 4.3

5. The submission of online bid as well as submission of above physical documents shall be up to 11am of 25th August, 2011 only.

6. Bids submitted after the due date and time of closing (i.e. after 11.00 am on 25/08/2011) of tender or not in the prescribed format will be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or other documents to be submitted in physical form due to postal delay etc . No claims on this account shall be entertained.


7. The schedule of Price Bid opening will be advised separately to tenderer who qualifies in the credential / technical bid.

8. Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document.

9. The online portion of the tender shall have to be submitted through the eprocurement system on https://bpcl.eproc.in.

10. The tender document with detailed terms and conditions is also available on our website http://bharatpetroleum.com/tender/tender.asp , but the submission of tender is allowed only through the e-procurement system on https://bpcl.eproc.in.

11. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the tenderer.

In case any tenderer so desires, he may contact our e-procurement service provider M/s.C1 India Pvt Ltd., Mumbai on the contact nos. 022-32444300/65281885/65281886 for obtaining their Digital Signature Certificate. At Noida on 0-9311280001 (Mr. Manoj Biswas).

12. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:

a. Tenderers are advised to log on to the website (http://bpcl.eproc.in) and arrange to register themselves at the earliest.

b. The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

c. Tenderers are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the tenderer intends to change /revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

d. Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

e. Tenderers shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case tenderer submits such physical documents for price bids, the same shall not be considered.

f. In case of any clarification pertaining to e-procurement process, the vendor may contact M/s.C1 India Pvt Ltd., Mumbai on the contact nos.0-9322533730 (Mr.Nitin Salvi) and 022-32444300 / 65281885 / 65281886. At Noida on 0-9311280001 (Mr. Manoj Biswas)

Thanking You,

Yours Faithfully,

For BHARAT PETROLEUM CORPORATION LTD.

T T SURYAWANSHI Manager Logistics (Lubes), North


E-TENDER FOR ROAD TRANSPORTATION OF PACKED LUBRICANTS / GREASES / SPECIALITIES / ADDITIVES IN ISO CONTAINER TRUCKS EX LONI TO VARIOUS UPCOUNTRY DEPOTS /

CUSTOMER LOCATIONS IN NORTH REGION

BPCL/TPT/NR/PRMRY/PACKED/LONI 2011 – 2013

1.0 COMPANY INTRODUCTION:

1. BPCL is engaged in the business of refining and marketing of petroleum products. Its lubricant business poses a unique challenge in terms of technology and logistics.

2. Lubricants cover full range of products of finished lubricating oils and greases under the brand

“MAK” or any other brand as directed by company and Additives in packages of various sizes of barrels, pails, cartons, containers, pouches etc.

3. BPCL’s marketing is driven by customer satisfaction excellence and BPCL realizes the

importance of supply chain in marketing of lubricants and has a supply chain vision of 95% demand fulfillment within 24 hours.

4. BPCL invites you to be part of this supply chain as ‘Transporter’ by participating in the E-tender for transportation of packed lube oils / Greases & Specialities/ Additives in ISO containerized trucks from Supply locations at Loni Plant near Gaziabad in UP to various destinations/depots/locations situated in entire Northern Region.

5. The transport contract envisages :

a) Ensure transporting packed lubricants by ISO containerized trucks and reaching the right quantity in right quality at the right place at the right time.

b) Make available the ISO containerized trucks as demanded by respective location within specified time and take emergency call by placing trucks at short notice.

c) Be responsible for the products carried including documentation.

d) Give due importance and attention to customer deliveries.

e) Any other related objectives as directed by Corporation.


2.0 TENDER NO : BPCL/TPT/NR/PRMRY/PACKED/LONI 2011 – 2013:

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite Bids through E-tender under Two-Bid System to transport packed lubricants / greases / specialities / additives in ISO container trucks ex Loni Lube Plant near Ghaziabad UP to various upcountry depots / customer locations located all over Northern Region for a period of 1 (One) year, with option for extension up to 1 (One) more year at the sole discretion of BPCL and will be effective from the 01.12.2011.

2.1 TENDER DOCUMENTS:

1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital

Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Certificate shall be borne by the tenderer.

2) In case any tenderer so desires, he may contact our e-procurement service provider M/s.C1 India Pvt Ltd., Mumbai on the contact nos. 022-32444300 / 65281885 / 65281886 for obtaining their Digital Signature Certificate. At Noida on 0-9311280001 (Mr. Manoj Biswas).

The tenderers having valid Digital Certificate and login id can download the tender from the website (http://bpcl.eproc.in). The downloaded documents once read carefully have to be uploaded by the tenderer under their login ID duly certified with Digital Certificate, in token of acceptance of all tender terms and conditions there-in.

3) Tenderer shall pay Rs. 5,000/- (Rs Five Thousand Only) as Tender Fee by D.D (Non-refundable) drawn on any scheduled Bank payable at Noida UP in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the documents to be submitted in physical form as per the list mentioned under Para 5.2 below.

4) The tender documents can also be downloaded from BPCL website, http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcl.eproc.in.


2.2 SCHEDULE EX-LONI

Your lowest rates shall be in Rs. per MT for the particular destination listed in the schedule given below.

Sr. No.

Plant code Receiving Location State

Distance in KM from Loni (Indicative)

Estimated Qty in MT per Annum

Expected Transit time from Loni to receiving location in days

1 1100 Mathura Installation UP 193 4350 1 2 1122 Jaipur COD Rajasthan 292 100 2 3 1130 SRINAGAR COD Jammu & Kashmir 900 1250 4 4 1138 Jalandhar TOP Punjab 382 3850 2 5 1140 REWARI TOP Haryana 182 6800 1 6 1144 MUGHALSARAI TOP UP 738 100 5 7 1145 SANGRUR TOP Punjab 264 2550 2 8 1157 Fazalganj Depot UP 396 4300 2 9 1160 Roorkee COD Uttaranchal 205 1000 2

10 5103 Chandigarh COD Chandigarh UT 270 2650 2 11 5105 Udaipur Lubes C & F Rajasthan 680 100 3 12 5118 DELHI LUBES C&F Delhi 35 5400 1 13 5119 GORAKHPUR C&F UP 744 100 4 14 5120 SALAWAS C&F Rajasthan 633 100 3 15 5121 PANIPAT COD Haryana 125 3000 1 16 5123 Jammu C&F Jammu & Kashmir 600 950 3

36600

Note: The list of locations and approximate volume currently handled are as above. The list is only indicative and does not indicate the absolute number of locations and volume of business. The Corporation will have the discretion to make changes in the list of locations as well as the volume of business depending on the actual business requirements of the Corporation from time to time. The addresses and distances are available with Manager Logistics (Lubes), BPCL, Noida, UP - 201301. 2.3 EARNEST MONEY DEPOSIT (EMD):

Tenderer shall pay Rs. 1,00,000/- (Rs One lakh Only) as EMD per tender by D.D drawn on any scheduled Bank payable at Noida UP in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under Para 5.2 below.


2.4 SUBMISSION OF TENDER:

1) The tenderer should download the tender document from e-procurement system on https://bpcl.eproc.in and after carefully reading the same should be uploaded under his/her login ID, as token of acceptance of all terms & conditions therein.

2) The Bid consisting of the following documents to be submitted online @ https://bpcl.eproc.in :

a. Credential / Technical Bid (Unpriced)

b. Price Bid for ISO Container trucks (Part-A)

c. Price Bid for Full Body trucks (Part-B)

3) Additionally, it is also mandatory for the tenderer to submit the documents in physical form as mentioned under Para 5.2 below, at the following address :

Manager Logistics (Lubes) North Bharat Petroleum Corporation Limited Udyog Marg, 1st Floor, Plot No. A 5 & 6, Sector-1, NOIDA – UP – 201301

4) The closing date & time for submission of online bid as well as submission of documents in physical form is 11.00 am of 25th August, 2011.

2.5 MINIMUM QUALIFICATION CRITERIA 1. The tenderer should own minimum 15 Nos ISO container trucks registered in their own name (i.e.

Firm or Partner or Proprietor or Director) and should be available for the transportation of BPCL packed lubricants Ex Loni Lube Plant at Gaziabad UP to various destinations all over India. The age of the Trucks should not exceed 8 years as on the date of opening of the tender.

2. If we do not get sufficient offers from the parties owning 15 Nos ISO containerised trucks as mentioned in para 1 above, only then we shall consider offers from the tenderers having attached containerised trucks, minimum 15 Nos with affidavit on Rs. 20 stamp paper, from the owners in the prescribed format enclosed herewith as attachment -5, and the same shall be duly notarised.

3. The minimum turnover (from all business) as per P&L account should be Rs 1.5 crores per annum

during any of previous 3 financial years i.e. 2008-09, 2009-10, 2010-11. 4. The tenderers should also have minimum three (3) years experience of transportation in ISO type

containerised trucks and OR Open Full Body Trucks in government/semi-government or PSU Companies or other reputed companies as on the date of opening the tender.

5. Transporters with quality system certifications such as ISO 9001 certification AND GPS enabled

trucks will be given preference. 2.6 SIGNING OF AGREEMENT:

Each successful tenderer will have to sign an Agreement as per the draft attached as Annexure-1, along with the tender document. The period of agreement with successful tenderer would be one (1) year w.e.f. 01.12.2011 with an option on the part of BPCL to extend the same by one (1) more year on same rates, terms and conditions. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per terms of the Agreement. Draft of the Agreement is available with the Tender document.


2.7 LOCAL OFFICE:

Outstation tenderer(s), should have a Contact Office at loading location within Ten (10) days from the date of award of Contract and the address of the same should be submitted before the contract/agreement is signed.

2.8 RESERVATION:

The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basis. The SC/ ST tenderers desirous of offering the Truck will have to participate in the tender and should fulfill all tender conditions. The SC/ ST tenderers will not be eligible for any price preference or relaxation of standards. There is no difference in EMD or any other tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST are given in tender document.

2.9 TENDER OPENING:

1) The due date and time of opening of tender documents (technical BID documents submitted in e-bidding & documents submitted in physical form) is as specified in NIT, which is 11:30 am ON 25.08.11 at the following address:


2) Tenderer or his authorised representative (duly authorised in writing by the Tenderer) may

witness the opening of tender on the scheduled date and time. 3) Tenders received late for whatever reasons / without Tender Fee, EMD or documents in Physical

form as mentioned under Para 5.2 below / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered.

4) The tenderer can also witness the tender opening through e-procurement system on

https://bpcl.eproc.in.

IMPORTANT:

a. It is mandatory that, before closure of the tender at 11.00 AM on 25.08.2011, the tenderer should submit the documents in physical form as specified under Para 5.2 below.

b. Tenderers shall submit Price Bids only through e-bidding and no physical documents

shall be submitted. 2.10 OPENING OF PRICE BID:

1) Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid /

technical bid is found acceptable as defined in tender document.

2) The tenderers meeting minimum qualification criteria will only be considered for opening of price bids after evaluation of Technical bids of all participating and valid tenders. After scrutiny of the ‘technical bids’ by BPCL, the eligible tenderers will be notified regarding date, time and venue for the opening of price bids.


3) The price bid will be opened only through the e-procurement system on https://bpcl.eproc.in.

4) The price bids will remain valid for 240 days from the date of opening of the Price Bid unless

extended by mutual consent in writing. The Corporation reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

3.0 SCOPE OF TRANSPORT WORK: 3.1 Name of Transport Work, Location and Period.

(i) The tenders are invited for transportation of packed Lube oils, Greases under the brand name “MAK” or any other brand as decided by the Corporation and Additives in various pack sizes AND sales promotional items. Transportation of lube inputs from one location to another on stock transfer in ISO containerized trucks from Loni to various upcountry destinations in entire NORTH INDIA is also included in the scope of this tender.

(ii) The period of contract is initially for one year and extendable for further period of one year at

Corporation’s sole discretion at the same rates, terms & conditions. 3.2 Participation

Competent and Experienced transporters owning ISO containerized trucks having minimum turnover of 1.5 crores per annum during any of the last three financial years as mentioned in minimum qualification criteria.

3.3 Type of Vehicles

The transport contract proposes to hire the following three types of vehicles.

S.No Nomenclature GVW Description 1. 6WLPT 16200 kg Heavy vehicle (6 wheeler, single axle only) 9-10 MT

carrying capacity (43 to 46 barrels) 2. 10WTAV 25200 kg Heavy vehicle (10 wheeler) of approximately carrying

capacity of 15-16 MT(74 to 76 barrels) 3. 10WDAX 35200 kg Heavy vehicle (14 wheeler double axle) of approximately

carrying capacity 22-24 MT (105 – 115 barrels)

* GVW – Gross Vehicle Weight

1. All these vehicles should be fitted with ISO containers with secure locking system on their chassis. Refrigerated type trucks will not be permitted.

2. The ISO containers should have accessories and fitting like; the floor board must have 19 mm /

28 mm marine ply / plank. The containers must be made of steel and outer body to be corrugated, and the locking device should be weld-on door locking.

3. The ISO containerized trucks internal arrangements may have to be modified so as to provide stopper of enough strength in order to hold the packed lubes intact. The container offered shall be compatible for strapping / securing the goods.


4. The trucks provided with ISO container shall have full proof locking/sealing arrangement. Only such trucks with approved locking/sealing arrangement will be accepted. After loading the truck at the loading location, the trucks would be sealed by officials/employees/authorized personnel of BPCL. The seals will be provided by the Corporation at its cost.

5. The ISO container truck to be used will have to be approved by the Corporation before use. The

decision of the Corporation will be binding on the Transporter.

6. The age of the vehicles offered and taken in the contract shall not exceed 8 (eight) years as on date of opening of tender. In case the trucks offered by the tenderer attain the age of 8 (eight) years during the currency of the contract, the tenderer is bound to replace such trucks within 15 days of such occurrence.

7. For transportation to hilly areas like Jammu and Srinagar we would require 9MT trucks with suitable arrange for carrying 50 Ltr. packs HMO very safely. Arrangement like plywood /wooden planks between the layers of brls and 50 Ltr. packs is essential and required to avoid leakages and safe carriage of material. Transporter may accordingly offer their best price for SRINAGAR and JAMMU.

3.4 Transport Schedule 6. The network of transport is all over India from Loni, UP. The transport network is based on the

destination locations as indicated in the tender. 7. The schedules give indicative expected load in MT and approximate turnaround time in days

expected of vehicles. 8. The transport schedule focal point is C&F or other BPC storage point where regular supply is

expected or envisaged. Other destinations are customer delivery point and the demand will vary from time to time.

9. However, none of the destinations or locations are assured of fixed demand as all demands are subject to market forces and company’s supply and distribution strategy.

3.5 Other Scope Of Contract

1. In normal course loading will be from single location and destination. However, the scope of

tender includes multiple loadings and multiple unloading without any additional cost to the Corporation. Based on the current trend of transportation Ex- Mumbai one point loading and one point unloading is expected and in some cases more than one point loading/unloading to meet customer deliveries. It may be noted that no fixed loading pattern can be guaranteed and the same will depend on the requirement of the Corporation from time to time.

2. The transporter from one contract/other SBUs may be asked to deploy their trucks to the other

transport contract/lube locations based on the exigencies. The transporter should carry out such work as and when asked for, to meet the Corporation’s transport need.

3. MIS-REPRESENTATION OR SUPPRESSION OF FACTS:

If it is found that the tenderer has applied although he was not eligible as per conditions laid down in minimum qualification criteria of this tender or has claimed benefit of reservation on the basis of wrong documents or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material fact about trucks etc. whether at the time of application or at the time of execution of agreement, the tender/ allotment will be rejected/cancelled summarily without issuing any show cause notice for the same. In case of such cancellation, entire amount deposited against EMD/security deposit amount shall be forfeited.


4.0 TENDER TERMS & CONDITIONS 4.1 GENERAL: 1. Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in

BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the BPCL & any of its subsidiaries Companies i.e. NRL, BPCL,BPC-KR etc., IOC or HPC or IBP or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderers part entitling BPCL to all rights and remedies available thereof including termination of contract.

2. All rates quoted should be both in words and figures. In case of any difference between the two,

the rates quoted in words shall be considered as final and authentic. Also the rates should be quoted in the same units as mentioned in the tender schedule.

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

Price Bid unless extended by mutual consent in writing. During the validity period, tenderer will not be allowed either to withdraw or revise his offer on his own. Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual period.

4. BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to:

a) Negotiate with any or all tenderer, b) Distribute the work among Transporter(s),

c) Reject any or all tenders either in full or in part,

d) Assign the offered and accepted trucks to any of the contracts, and

e) Engage additional Transporter/s trucks at any time without giving any notice whatsoever to

the Transporter/s already appointed against this Tender. 5. The tenderer should study all the operations/ local conditions at the loading/ unloading point/s

and route/s. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender.

6. Tenderer should enclose the tender documents complete in all respects and Demand Drafts as

applicable in the envelope “C” duly sealed and deposit the same, well before the closing time and date specified in NIT, in the tender Box earmarked for this purpose at the following address:

Manager Logistics (Lubes) North Bharat Petroleum Corporation Limited


Udyog Marg, 1st Floor, Plot No. A 5 & 6, Sector-1, NOIDA – UP – 201301

Any tender document received after the due date and time shall not be accepted under any

circumstances. BPCL will not be responsible for any delay under any circumstances whatsoever if the tender is not submitted before the closing date and time and in the correct tender box.

7. Tenders not meeting the tender terms & conditions or incomplete in any respect or with any

additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding.

8 The age of the vehicles offered and taken in the contract shall not exceed 8 (eight) years as on

date of opening of tender. In case the trucks offered by the tenderer attain the age of 8 (eight) years during the currency of the contract, the tenderer is bound to replace such trucks within 15 days of such occurrence.

9. The estimated quantity to be delivered shown in tender document is indicative and is subject to

change. 10. Tenderer should submit all the details and enclosures as has been asked for in the tender form.

In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender.

11. Tenderer/his authorised representative may witness the opening of tender on the scheduled date

and time. 12. ISO containerised trucks quoted in the tender should have all valid documents such as

registration certificates, fitness certificate etc.

13. The tender document shall be obtained /quoted by the party in their own name as the tender document is not transferable.

4.2 EVALUATION OF THE TENDERERS:

1. This Public Tender is floated in two bid system i.e. technical bid & price bid. Initially, the technical

bids will be opened on scheduled date and will be evaluated on the following minimum qualification criteria’s besides meeting other tender guidelines:

a. The tenderer should own minimum 15 Nos ISO container trucks registered in their own name

(i.e. Firm or Partner or Proprietor or Director) and should be available to BPCL for the transportation of BPCL packed lubricants Ex Loni to various destinations all over India.

b. If we do not get sufficient offers from the parties owning 15 Nos ISO containerised trucks as mentioned in para 1 above, only then we shall consider offers from the tenderers having attached containerised trucks, minimum 15 Nos with affidavit on Rs. 20 stamp paper, from the owners in the prescribed format enclosed herewith as attachment -3, and the same shall be duly notarised.

c. The minimum turnover (from all business) as per P&L account should be Rs 1.5 crore per

annum during any of previous 3 financial years i.e. 2008-09,2009-10,2010-11..


d. The tenderer should also have minimum 3 (Three) years experience in transportation of packed lubricants in ISO type containerised trucks and OR Open Full Body Trucks in government/semi-government or PSU Companies or other reputed Oil Marketing companies as on the date of opening the tender.

2. Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on

a notified date which will be communicated only to technically qualified tenderer.

3. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be done based on the rates quoted.

4. BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding.

5. BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s

experience with them on their past performance.

6. For locations having quantity requirement of more than 2000 MT per annum, there shall be minimum 2 (two) transporters and for locations having volume less than or equal to 2000 MT per annum there shall be minimum 1 (one) transporter.

7. Where the work is distributed among two transporters, the percentage allocation among

them would be L1:80%, L2: 20%.

8. Tenderers will be listed in ascending order as per their ranking separately for each location FOR Containerised Trucks and Open Full Body Type separately.

9. Tenderers with minimum financial outgo to BPCL will be ranked L-1 for a particular location / type

of trucks. Tenderer with the next lowest financial outgo will be ranked L-2 and so on. The list will include all the technically qualified tenderers in the ranking based on the rates quoted by the respective tenderers.

10. BPCL reserves the right to negotiate and /or make a counter offer to the L1 tenderers and the

negotiated rates accepted by them during negotiations / counter offers will be finalized as L1 rate of the concerned location. The finalized L1 rate will also be offered to other tenderers in ascending order of L2, L3 etc and L2, L3 rates as applicable will be finalized accordingly.

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

4.3 EARNEST MONEY DEPOSIT (EMD):

1. Tenders not accompanied by EMD of Rs. 1, 00,000/- (One Lakh) shall be rejected. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favour of “Bharat Petroleum Corporation Limited” and payable at Delhi. A photocopy of DD Receipt towards purchase of tender documents should be enclosed in Technical Bid envelope ‘A’. Those tenderers, who have downloaded the tender documents from website, should enclose DD (Non-refundable) of Rs. 5,000/- per set drawn on any scheduled bank payable at Delhi in favour of BPCL. Tender documents, which are downloaded from website, but have not enclosed a DD of Rs. 5000/- shall be rejected.


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

3. Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected.

4. Interest is not payable on EMD.

5. EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL’s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to position any or all offered truck/s within 15 days after the issuance of Letter of Intent/award of contract.

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

4.4 NEGOTIATIONS:

1. Only the proprietor of the firm or the legally authorized representative of the firm will be allowed

to attend such negotiations, at their own cost, as commitments made and/ or clarifications given during the negotiations will be binding on the tenderer/s. He/ She should carry the necessary authorization to attend such negotiations and to hand over an authenticated copy of the same to BPCL’s representative/s participating in negotiations.

2. Originals of the documents submitted as copies along with the tender documents, as well as

documentation to substantiate statements made in the tender document are to be produced for verification by the BPCL during negotiations or at any other time at the discretion of BPCL.

4.5 SECURITY DEPOSIT (SD):

1. Successful tenderers will be required to furnish SD within 7 (Seven) days of issuance of LOI/ Work Order at the following rates:

2. The security deposit will be Rs. 20, 00, 000/-(Rs. Twenty lakhs only).

3. Minimum of Rs. 2,00,000/- (Rs. Two lakhs Only) shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. and balance amount may be deposited in the form of Bank Guarantee strictly in specified Proforma , valid for a period of 30 (Thirty) months from the date of issue of LOI / Contract.

4. Adjustment of EMD towards SD is permissible for the portion of SD payable by DD. Cash

receipts for SD paid by DD will be issued by BPCL.

5. Interest is not payable on SD.

6. Any loss/ claim and/ or damage arising out of the performance of the contract would be adjustable against the SD. Any loss/ claims/ damages higher than SD will be recovered from payments due to the Transporter under this contract or deposits made by or payments due to the Transporter under any other contract with BPCL.


7. Security deposit would be refunded after six months of expiry of the contract on written request from the Transporter and with surrendering of the original cash receipt, subject to fulfilling all terms and conditions of the contract. In the event of loss/ misplacement of the cash receipt of the SD, the refund would be made only after the Transporter furnishes an Indemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriate value (at Transporter’s cost), duly notarized.

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

4.6 CONTRACT PERIOD:

Unless otherwise specified or agreed to, the contract is awarded for 1 (one) year with option for

extension up to 1 (one) more year at the sole discretion of BPCL at the same rates, terms and conditions.

4.7 EXECUTION OF AGREEMENT:

1. Successful tenderer/s will be required, before undertaking the contract, to execute the

Agreement, within 7 (Seven) days of the date of issue of the LOI and should physically place the trucks at the location as per call ups given by BPCL.

2. Tenderers are advised to carefully scrutinize the specimen set of Agreements and Forms

enclosed along with tender documents/downloaded from our website before submitting their tender. One set should be submitted with the tender, duly signed by the tenderer on all pages over the official seal, in token of acceptance of the terms and conditions thereof, and other set be retained with the tenderer.

3. When the person signing the tender is not the authorized signatory, necessary original Power of

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

4. Failure to execute the agreement and/ or furnish required Security Deposit within 7 (seven) days

of issue of LOI may render the tenderer liable for forfeiture of Earnest Money Deposit and termination of contract without prejudice to the rights of BPCL to recover the damages under Law.

5. All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers, Tender

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

4.8 RESERVATION:

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

Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all India basis. 2. The members of SC/ ST desirous of offering the ISO containerised trucks will have to participate

in the tenders floated by BPCL. 3. The SC/ST members should fulfil all tender conditions, and will not be eligible for any price

preference or relaxation of standards.


4. The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all the partners or members of private / public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be.

5. Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm

should be enclosed as proof along with the Technical bid.

6. In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender.

7. The registered owner/s of the ISO containerised trucks offered by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of the ISO containerised trucks offered against the particular LOI/ Work Order must also belong to SC.

4.9 MISCELLANEOUS:

1. The transporter shall ensure that all the ISO containerised trucks / Open Full Body Trucks

provided for the purpose of lubes transportation should have valid National Permit/ Zonal Road Permits as applicable for all the destinations the respective transporter is contracted for. BPCL representative will decide the scheduling of the trucks as per the market requirements, as applicable on the date of placement of trucks.

2. Where the loading/ unloading locations are situated and within the same state and sections where axle load restrictions are imposed, they shall supply trucks meeting axle load restrictions.

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

4. BPCL reserves the right to reject any or all the tenders without assigning any reasons

whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive.

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

6. If any of the information submitted by the tenderer is found to be incorrect at any time including

the contract period, BPCL reserves the right to reject the tender/ terminate the transportation contract and reserves all rights and remedies available.

7. Neither the tenderer or trucks offered should be blacklisted by any of the public sector oil

companies.

8. In addition to minimum requirement of trucks, tenderers may also offer additional ISO type containerized/Open Full Body trucks not owned by them with affidavit duly notarized subject to BPCL’s acceptance. However, preference shall be given to owned containerized trucks. BPCL reserves the right to cancel the contract in the event Transporter withdraws his own ISO type/Open Body trucks while retaining attached containerized /Open Body trucks.

9. Tenderers should quote rates for transportation of packed lubricants by ISO containerised as well as by Full Body trucks (i.e. Box Trucks having side walls upto full height of driver’s cabin with minimum capacity of 9 MT) for all the locations. The trucks will be utilised depending up on requirement as and when required.


10. Capacity of trucks offered should be minimum 9 MT pay load as per RC book for lube oil transportation except places where restrictions are imposed by Statutory Authorities.

11. The contract is subject to compliance of MV Act, 1988, their provisions and also the State Motor

Vehicle Rules, and subsequent notifications/amendments etc., by the tenderer.

12. On frequent shortage complaints, Company is free to take action including suspension of Truck for any period or termination of the contract as may be deemed fit.

13. The Transporters to furnish Transporters Legal Liability Insurance Policy against each truck. The

policy should cover Riot and Strike clause and should be endorsed to BPCL.

14. Dunnage and stacking for safe carriage of containers will have to be provided by the transporters at their own cost to avoid any damage to the containers and leakage in transit.

15. It is essential to transport goods in shortest motorable routes. Reasonable number of transit days,

as permissible and finalized as per normal trip time, be specified which shall have to be adhered to by the Transporters. The transit time would be applicable to monitor the truck movements as well. If delivery is delayed beyond the permissible transit time, the Transporter would be liable to explain the reason for delay and the Company reserves the right to impose suitable penalty in the event unjustified/unexplained delays. Occasions may arise when loading of particular ISO type containerised trucks may have to carry from both the locations close by. No extra charges would be payable for such two point loading.

16. Each page of the tender document including notice inviting tender enclosed along with the tender

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

17. The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat Petroleum Corporation

Limited” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors and assigns.

4.10 DUPLICATION OF CLAUSE:

Whenever there is duplication of clause either in the terms and conditions or in the Agreement,

the clause, which is beneficial to BPCL, will be considered applicable at the time of any dispute. Signed in acceptance of the aforesaid tender conditions. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal ___________________


5.0 GUIDELINES FOR TENDERERS 5.1 GENERAL:

1. This tender is for road transportation of packed lubricants from Loni Lube Plant to upcountry locations all over India. The tender documents are issued in 2 sets; one set duly filled is to be submitted and other set duly filled to be retained by the tenderer.

2. Each page of the tender document is to be signed by the legally authorized representative of the

tenderer, with the official seal.

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

4. All entries are to be made in ink. No over-writing/ whitening/ erasing out is permitted. All

corrections are to be made by scoring out incorrect entries, and such corrections are to be signed by the legally authorized representative of the tenderer, with the official seal. Tenders deficient in this respect are liable to be rejected.

5. For any further clarification, concerned officials at BPCL Lubes Regional office at Noida, UP

which is the tender document issuing office may be contacted. For tender condition clarification and e-bidding process, a pre-bid meet will be conducted at BPCL Regional Office at NOIDA at 11.00 am on 18.08.2011.

6. Copies of Registration Certificate, route permits, certificate of Fitness etc, enclosed along with

Tender Form, shall be attested by a Notary.

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

8. The tender document shall be obtained by the party in its own name as the tender document is not transferable. The tender documents will be supplied only against specific written request from the party.

9. The tender should be strictly in line with the terms and conditions. Any tender not conforming to

the terms and conditions prescribed in the tender documents shall be summarily rejected.

i. COUNTER TERMS AND CONDITIONS WILL NOT BE ACCEPTED. ii. OVERWRITING WILL NOT BE ACCEPTED

10. Tender terms and conditions mentioned in the tender should be carefully studied. All the pages of the tender document including Draft Agreement form, Draft bank guarantee, terms & conditions should be signed and rubber stamped as a token of acceptance of the terms and conditions therein and one complete set submitted to us. The other set is to be retained by the Tenderer for his/her reference/record.


5.2 TECHNICAL BID:

Submission of Technical Bid: Details of documents to be submitted on-line and in physical form.

Sr. No.

Particulars Submission Online Only

Submission of Physical Document Only

1 Tender Document along with Annexure 1 to 6 under tenderer login id through e-procurement system on https://bpcl.eproc.in

ü

2 Particulars of Tenderer as per Attachment-1 ü

3 Particulars of Trucks offered as per Attachment-2 ü

4 IP pact as per page 67-70 ü

5 Tenderer’s Covering Letter as per Attachment-3 ü

6 General Irrevocable Power of Attorney as per Attachment-4 ü

7 Affidavit for Attached Trucks on Rs. 20/- Stamp Paper as per Attachment-5 ü

8 Details of relationship with BPCL Directors as per Attachment-6

ü

9 Caste Certificate (wherever applicable) issued by Competent Authority as per format in Attachment-7

ü

10

a) Credential of Transport Experience as per format in Attachment-8 b) Experience letter from contracting company on their letterhead for transportation of Petroleum Products along with copy of LOI / Contract with them.

ü

11 Undertaking as per format in Attachment-9 ü 12 Declaration by Tenderer as per Attachment-10 ü

13 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card

ü

14 Attested copy of previous 3 years audited annual report i.e. 2008-09, 2009-10, 2010-11. ü

15 Attested copies of Trading license or Company Registration Certificate.

ü

16 Attested copies of Partnership Deed or Certificate of Incorporation

ü

17 Attested copies of R C Book, Fitness Certificate, Route Permit and Insurance Certificate of all ISO Containerised trucks offered

ü

18 Tender Fee DD of Rs. 5000/- as per tender Para 2.1 point no. 3

ü

19 EMD DD of Rs. 1,00,000/- as per tender Para 4.3 ü


5.3 PRICE BID:

1) Tenderer shall submit price bids only online e-bidding through e-procurement system on

https://bpcl.eproc.in under their login ID only. 2) No physical document with respect to Price Bids should be submitted. In case tenderer submits

such physical documents for Price Bids, the same shall not be considered. 3) Tenderers should quote ISO containerized truck rates for all the locations listed in this tender. In

case any tenderer has not quoted for all the locations, his offer will not be considered.

4) No responsibility will be taken by BPCL for any delay due to connectivity and availability of website.

5) Tenderers should also quote rates for transportation of packed lubricants through Full Body trucks (i.e. Box Trucks having side walls upto full height of driver’s cabin with minimum capacity of 9 MT) for all the locations. These trucks will be utilised only in case of exigencies and on written request from the Corporation to the Transporter i.e. (to be utilized as and when required).

6) The rates quoted for ISO Containerized & Full Body trucks should be in Rs. / MT for one way trip for each location listed in this tender.

5.4 No guarantee can be given by BPCL to any definite volume of work, which will be entrusted to Transporter. However the quantities given in schedule are purely indicative without any obligation to the company and cannot be made the subject matter of any claim at any time even if the quantities actually offered for handling during the period of contract are substantially less or more than estimated quantities indicated.

WE HAVE STUDIED THE ABOVE TERMS AND CONDITIONS AND FULLY AGREE TO THE SAME. SIGNATURE :-________________________________ NAME :-________________________________ (Signed as Proprietor/Partner/Director) NAME & ADDRESS :-________________________________ _________________________________ _________________________________ DATE :___________


SPECIAL TENDER CONDITIONS

6.0 PROCEDURE FOR TRANSPORTATION OF PACKED LUBES IN ISO CONTAINERISEDTRUCKS.

The Transporters are required to position their ISO Container trucks with payload capacity as required by Corporation (not less than 9 MT) in order to facilitate sealed delivery system of packed lubricants. In case of sealed delivery system, the procedure adopted will be as follows:

1) The ISO containers will be inspected for proper locking arrangements before undertaking loading

/ unloading of packages at both ends i.e. the Installation and at the receiving destination. The locking arrangements to be adopted will be at the sole discretion of Corporation.

2) If the locking arrangements are in order, the ISO container will be used for delivery in “sealed

condition”. However, if the locking arrangement is not intact, the vehicle will be treated as Full Body truck and the payment will be made as per the rates applicable for Full Body trucks.

3) The ISO Containers internal arrangements may be modified so as to provide stopper of enough

strength in order to hold the packed lubes intact. The truck offered shall be compatible of strapping / securing the goods. To minimize the in transit loss of product, BPCL may do the strapping wherever necessary at Company cost. Transporters are required to provide necessary assistance for the same at the time of loading / unloading of the product.

4) The ISO container should have the provision for Barrier Bolt Seals (Container Locks) to seal the

Container. 5) In case of all deliveries, the Transporter will be held responsible for shortage, contamination, if

any, at the receiving end. 6) While the transporter will ensure that the ISO container trucks / locking arrangements are as per

BPCL’s requirement, the corporation reserves the right to accept or reject any ISO container truck and the transporters are required to arrange for necessary modifications of the truck(s).

7) In case of unsealed delivery, the Transporters will be held responsible for all losses, shortage,

and contamination. 8) In case of accidents/fire, of the truck, the responsibility for entire losses thus incurred will be

entirely that of concerned transporter. 9) In case of any accident to the truck, the Transporter should depute his representatives within 24

hours at the site of accident to assess the situation along with the representative of the BPCL’s nearest supply location. This will help in establishing and recording data about extent of damage as well as record reasons for the accident etc. Establishing circumstances causing accident can also be determined on the spot with the help of representatives of the Transporter and the Corporation to avoid any ambiguity in future and recording facts.

10) BPCL Location will decide, define and improve the procedure for locking and sealing in respect of

each ISO container truck. And only after approval of the location officer, the truck will be certified as ISO Container truck with full-proof locking/sealing arrangements.


6.1 SPECIFICATION FOR ISO CONTAINERS

1) GENERAL : The ISO Containers should be Dry Cargo Containers for Inland Transportation, designed as per ISO

standards. They shall be transported on top of conventional Truck platforms. The containers shall be

lashed on to the truck platform at the bottom side rail. The capacity of the ISO container shall be 10 to 18

MT.

2) HANDLING :

These ISO containers shall be: (a) Fitted with ISO containers on their chassis with secure locking system. Refrigerated type trucks

will not be permitted.

(b) The ISO containers should have accessories and fitting like; the floor board must have 19 mm / 28 mm marine ply / plank. The containers must be made of steel and outer body to be corrugated, and the locking device should be weld-on door locking.

3) DOOR :

Two leaf full open doors shall be provided on the rear end of the Container. The door shall be fabricated from 50 x 50 x 2.8mm RHS/ 2.0 mm formed steel sections for the door horizontal and verticals. The door cladding shall be 1.4 mm CR sheets corrugated for better strength. All the doors shall open and close freely up to 180 degree and shall remain open with stoppers. Each door shall be fitted with one locking device of an indigenous make. This locking device shall be similar to the imported ones but fabricated indigenously from pipes, rods and sheets. The door shall be hinged on to the door post through four numbers fabricated hinges with Nylon Bushes on each post. The hinge pins shall be of SS material.

4) SIDE WALL / END WALL : The Side / End walls shall be made out of corrugated CR sheets of 1.4 mm thickness. Corrugation profile shall be that of Tokyo Car suitable to withstand the loading conditions stipulated. Each side wall shall be provided with ventilators.

5) ROOF : Roof shall be made out of 1.4 mm CR sheets adequately stiffened with the help of Roof bows.

6) MATERIALS The materials used for this container are to be fit for operation at an ambient of temp of + 50 degree C. All structural members must be from the range of materials available in the Indian Steel Market. Structural members comprising the bottom side rails, front and rear top and bottom cross members, floor support members, etc. shall be formed out of hot rolled steel sheets conforming to IS 1079. Steel sheet cladding


on the sides, end and door shall be press formed out of 1.4 mm cold rolled sheets conforming to IS 513. The entire container structure shall be of welded construction using CO2 shielded arc welding process.

7) PAINTING : The container and the truck shall be in good painted condition.

8) MARKING : Necessary logos/stencilling as required shall be provided. P.S. : Manufacturers of ISO Containers must have the certification from approved International Agencies like Lloyds, Bureau, and Voltas etc. WE HAVE STUDIED THE ABOVE TERMS AND CONDITIONS AND FULLY AGREE TO THE SAME. SIGNATURE :-________________________________ NAME :-________________________________ (Signed as Proprietor/Partner/Director)


Technical bid Annexure-1

DRAFT PACKED LUBS TRANSPORTATION CONTRACT AGREEMENT BPCL/TPT/NR/PRMRY/PACKED/LONI 2011-2013 THIS AGREEMENT made ______________ day of ________ 2010 between Bharat Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART and M/S __________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE TRANSPORTER” or Transporter (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Company is engaged in refining Crude oil and storing, distributing and selling of the petroleum products and for this purpose require ISO containerised trucks for Road transportation of packed lubricant products from Mumbai storage points to customers / other storage points. WHEREAS the Transporter is engaged in the business of operating ISO containerized trucks and is interested in above transportation job of the Company. Now therefore, it is agreed between the parties as follows: - 1) PERIOD OF CONTRACT :

The Contract shall be valid for a period of one year i.e. from 01.12.2011 to 30.11.2012 subject to an extension of further period of one year at the Corporation’s option on the same terms and conditions. However, the Corporation reserves the right to terminate the contract at any time before expiry of the period of contract by giving the transporter 15 (fifteen) days’ advance notice in writing without assigning any reason whatsoever.

2) TRANSPORTER(S) RESPONSIBILITY:

a. Provide the Corporation with specified number of ISO Containerised trucks as per daily callups.

For the call ups given by despatching location(s) upto 1000 hrs on daily basis the transporter should place the required number of ISO Containers Trucks on the same day, 2 hours before closure of despatching location(s) on demand/intimation on telephone to transport and deliver from Corporation’s specified storage point during the Corporation’s working hours, which is generally 8.00 a.m. to 10.00 p.m. at loading point and 8.00 am to 5.00 p.m. at unloading points, on behalf of the Corporation, the Lube packages as directed by the Corporation/Corporation’s representative from time to time. Tenderers should also provide Full Body trucks (i.e. Box Trucks having side walls upto full height of driver’s cabin with minimum capacity of 9 MT) for all the locations allotted to them. These trucks will be utilised only in case of exigencies and on written request from the Corporation to the Transporter i.e. (to be utilized as and when required).

b. The Corporation reserves the right to reject any truck without compensation if they arrive more than an hour after the indicated time, and treat the same as not supplied.

c. Ensure the safe and correct delivery of products to the consignee specified.

d. Ensure that product including packages is delivered at the correct nominated destination in the

same condition as to quality and quantity as and when the Transporters took delivery from Loni Plant or any Company’s location in and around 50 kms of Delhi and that there is no substitution of product by another when it is in the Transporter’s custody. Any infringement of the above will be deemed as unlawful and Corporation will hold the Transporters legally responsible for the same.


e. Additionally, the Corporation also reserves the right in such an event, to forthwith terminate the

contract and/or to impose such penalties on the Transporters as the Corporation may deem fit.

f. Transporter and the Crew of the trucks shall be fully responsible for correct delivery to the destination and return of all relevant documents of the Corporation to the despatching location as instructed/required by the Corporation’s staff.

g. For loading to Delhi / local destination, all trucks are expected to report at 8.00 a.m. with the

minimum of 3 loaders per truck. If the trucks are placed after 5.00 p.m., the company may detain the truck without payment of detention charges. If a truck reports with less than 3 loaders the corporation reserves the right to treat the same as not supplied.

h. Depending upon the Corporation’s requirements, the Transporter(s) shall make two point

deliveries in a single trip by any of his trucks contracted to the Corporation.

i. The Transporter(s) shall obtain, at his/their cost, all necessary route permits for plying the vehicles within the State or Inter-State routes for the transportation of the product. The Transporter(s) shall pay the applicable octroi charges at destinations and the Corporation shall reimburse these amounts at actuals to the Transporter(s) on production of the payment receipts thereof which shall be submitted along with the bills for transport unless otherwise specified. Toll/Entry charges will not be reimbursed by the Corporation to the Transporter(s).

j. The Corporation does not undertake any responsibility or make any commitment to provide the

Transporter(s) or his employees with facilities such as office accommodation, canteen, tea, toilet, telephone etc.

k. The Transporter/s shall bear and pay the entire operation cost of the Transport Vehicles (ISO

containerised trucks) which will include and deemed always to include the following :

i) Provision for driver, cleaner as also necessary relief including their salary and other emoluments;

ii) Cost of fuel and lubricating oil necessary; iii) Road Tax, Route permit fee, Toll Tax, Vehicle Tax and other taxes in relation to the said ISO

containerised trucks; iv) Maintenance and repairs of the ISO containerised trucks; v) Insurance vi) All other charges not specified herein relating to the Operations and/or maintenance of the

said ISO Containerised trucks and/or any other items incidental thereto and/or connected therewith;

vii) All idling charges, loss by delay in transport, road stoppages, delay in time consuming loading or unloading of products or otherwise, whatsoever, on account of Operations.

l. Unauthorised parking of Transporter(s) trucks within Corporation premises shall not be permitted. m. The Corporation does not take any responsibility to keep the Transporter(s)’ trucks, loaded with

product in its premises if the trucks arrive at nominated destination beyond the regular working hours and on holidays. It shall be the responsibility of the Transporter(s) to keep filled or empty trucks under his/their safe custody, beyond the Corporation’s working hours.

n. Loading of Packed Lubes will be done by the Transporter(s) strictly in accordance with the

instructions given to the Transporters by the Corporation’s representative. The Transporter shall satisfy themselves as to the conditions of the packages to be transported before loading into trucks. Once loaded, they will be deemed to have been collected in sound and non leaky condition.


o. That the Transporter/s is/are totally responsible for delivering the correct number of barrels / packages as per the invoice, at the destination specified. The Transporter/s driver/s should satisfy himself / themselves regarding the quantity at the time of loading. In the event of any loss of product on account of leakage/damage to the consignment enroute due to accident recorded at the destination, such shortages/losses would be debited either to the Transporter/s bills, if any, with the Corporation or will be made good directly by the Transporter or will be adjusted against any deposit or other amount payable to the Transporter/s. The Corporation may also withhold all pending bills till such time full recovery for the losses is affected.

p. The Transporter/s will ensure that the materials are properly stacked and secured in the truck

with appropriate sufficient dunnage to avoid damage to containers and any leakage of product in transit. Appropriate, dunnage, straw, hessain, gunny bag or both be provided by the Transporter/s. it is also the responsibility of the Transporter to secure the barrels and packages inside the container as per the standard industry / international practice.

q. The Transporter(s) will be responsible for the loading of trucks and will provide minimum 3

loaders per truck or additional as required for efficiently carrying on the aforesaid job. If a truck reports with less than 3 loaders the Corporation reserves the right to treat the same as not supplied.

r. Unloading of consignment at upcountry BPCL destination location is the responsibility of the

corporation. s. Unloading of consignment at customer destination location will be responsibility of the

Transporter & they will be paid Rs.75/- per MT towards unloading charges on submission of proof of delivery at Loni Plant.

t. Only the staff attached to the contracted vehicles or representatives nominated by the

Transporter(s) shall be allowed entry inside the Corporation’s premises. u. The Transporter(s) shall be solely responsible for the safe custody of the products once these are

handed over to them. v. All taxes, insurance, valid Registration Certificate, Road permits, and other charges, as applicable

to the vehicle, shall be the full responsibility of the Transporter. The Corporation shall be responsible only for charges as applicable for the movement of the product and as stated in the Schedule of Rates.

w. It shall be the responsibility of the Transporter to ensure that the inter-state permits, wherever

applicable are collected, should satisfy himself that the documents are complete in all respects and accompany the truck before the truck leaves the Corporation’s despatch location. The Transporter should comply with the provisions of MOTOR VEHICLE ACT, 1988, and Amendments thereto.

x. The number of barrels, drums/small packs etc., that can be carried will be restricted as per RLW.

Thus capacity of each truck will be established by the Corporation and will be binding on the Transporters.

y. If at anytime during the currency of this agreement, the Transporter fails to transport the product

as provided herein above or to perform the various other obligations specified in this agreement, the Corporation may in its sole discretion and without prejudice to its, legal rights and remedies, obtain services from other Transporters to assume the obligations and transport the product and any additional cost and incidental expenses incurred by BPCL will be recovered from the Transporter.


z. The Corporation will provide the Transporter with transport work hereunder as and when it considers necessary and will not be bound to give or entrust all the transport work to the transporter or be bound by the estimated throughput shown in the Schedule of Rates.

aa. While carrying mixed loads (cases, pails etc), Transporter shall ensure to use wooden

planks/plywood of suitable thickness to safeguard against package damages during transportation.

bb. The Transporter shall be bound by all the conditions mentioned in the tender form i.e. General

Terms and conditions and Special Terms and Conditions.

3) VEHICLES FOR TRANSPORTATION:

a) The Transporters shall transport PACKED LUBS / GREASE / SPECIALITIES / ADDITIVES in barrels and / small packs in trucks (ISO Container Truck) having payload of not less than 9 MT and having valid permits/licenses owned/attached to them. Depending on the Corporation’s requirement, ISO containers to be supplied having capacity varying from 9 MT to 23 MT which will be advised by the Corporation’s representative on day to day basis.

b) The vehicles will be maintained by the Transporter(s) in sound mechanical condition at all times.

Any defect notified by the Corporation to the Transporter will be rectified by the Transporter immediately.

c) The vehicle will have adequate trained/qualified staff provided by the Transporter(s) for efficient

operation.

d) After loading at the despatch location the ISO Container trucks would be locked / sealed by our officials / employees. The locks and/or seals will be provided by the Corporation at its cost.

e) The actual ISO Container trucks to be positioned will have to be approved by the Corporation

before use by the despatching locations.

f) The Transporter shall immediately provide the registration number, and attested Xerox copies of RC books and all other particulars of ownership in respect of the trucks of the Transporter(s) which will be operated for the purpose of the Corporation under agreement.

g) For the call ups given by despatching location(s) up to 20:00 hrs on daily basis, the transporter should place the required number of ISO Containers Trucks on the same day, 2 hours before closure of despatching location(s).

h) Further to para 3 (g) in case of failure to provide required number of ISO Container Trucks on the same day for the nominated destinations, the Corporation will be at liberty to make alternate arrangement for transportation by road or rail at the risk and cost of defaulting Transporter for such destination. In case of exigency, the Transporter should place the required number of ISO containerised trucks at short notice. The Corporation may not load the trucks of defaulting Transporter(s) even for other locations at its sole discretion.

i) All Transporter(s) trucks shall have registration in the State of the loading base.

j) Only sound trucks which are in efficient working conditions and conforming to Motor Vehicles Act

and Rules (including the crew if required under the act) as applicable from time to time shall be deployed by the Transporter(s) for Packed Lube Transportation.

k) The Transporter shall not have any right to operate the Transport Vehicles (ISO containerized

trucks) only for his choice locations as the Transport Vehicles (ISO containerized trucks) will be loaded and used for any of the contracted locations. The Corporation will be at liberty to appoint


one or more additional Transporter/s either to run concurrently with the Transporter/s or separately on any terms and conditions/rates and for any location/s.

4) AVAILABILITY OF ISO CONTAINERISED TRUCKS

The Transporters(s) shall be liable in respect of matters here under:

The ISO containerised contracted vehicle(s) will be made available at all times in roadworthy conditions so as to give uninterrupted service to the Corporation and will be used exclusively for transporting the Corporation’s products to destination nominated by the Corporation. Should the Transporters fail to provide the contracted vehicle on any working day, the Corporation shall be at liberty to make suitable alternative arrangements for the transport of their products. All expenditure as also damages/losses incurred by the Corporation in its trade as a result of the breakdown of the Transporter’s transport arrangements will be deducted from the amounts payable to the Transporters. Such damages/losses being determined at the Corporation’s sole discretion, provided that the Transporters shall not be responsible for any failure to perform or fulfil any terms of this agreement if such performance/fulfilment has been delayed, hindered, or prevented by any order of any national, local or other authority or anybody or person purporting to be or to be acting for such authority.

5) TRANSIT LOSS:

a) The Transporter(s) shall bear the loss of any of the Corporation’s products while in their charge, irrespective of the reason for such loss. The amounts payable to the Corporation on this account and other incidental out-goings suffered by the Corporation will be deducted from their bills/Bank Guarantee.

b) The Transporter(s) shall operate their vehicles at entirely their own risk and the Corporation shall in no case be held responsible for any damage done to the vehicles while on the Corporation’s work or when parked in their premises. During the course of transit the goods shall remain at the Transporter’s risk until the vehicle carrying the goods reaches the destination as indicated by the Company. The Transporter alone shall be responsible for any accident, damage or loss suffered in respect of the goods during transit

c) In the event of any loss to the Corporation due to leak / damage of the product/packages, the Corporation will recover such losses from the Transporter’s bill /bank guarantee as under: i) In case of leaky/damaged pack (container) up to 7(seven) litres the recovery will be made

from transporter at the value equivalent to prevailing MRP. Such leaky /damaged containers will be handed over to the transporters /his representative.

ii) In case of leaky / damaged packs above 7 (seven) litres & upto 25 ltrs, the recovery will be made from the transporters for the LOST oil. The value of such lost oil shall be calculated based on the prorated value equivalent to prevailing MRP of the subject package. (for example- if the MRP of a 20 ltr package is Rs.2000/- and the lost oil qnty is 10 ltrs, the recovery value would be Rs.2000/20 ltrs*10 ltrs=Rs.1000/-) and the cost of subject empty package

iii) In case of leaky/damaged packs above 25 ltrs (container/barrel) & upto 210 ltrs, the cost of

the empty container/barrel along with the value of lost oil shall be recovered from the transporter. The value of LOST oil per litre shall include DBP (incl Excise Duty or any other taxes as pplicable) Plus Taxes @ 16% Plus Rs.10/-.

d) The Transporter shall discharge all statutory obligations during the course of transit. If during the

course of transit any liability arises as to the environmental pollution the same shall be on the account of the Transporter.


6) The Transporter(s) shall ensure that the packages are delivered at the destination promptly within the prescribed delivery periods.

7) The Corporation reserves the right to impose a penalty on the Transporter(s) at the rate of

Rs.500/- (Rupees Five Hundred only) per day of delay beyond agreed transit time applicable for the destination, and such penalties shall be recovered from the Transporter(s) bills unless satisfactory explanation is given by the Transporter(s) in writing, for the delay.

8) The Transporter(s) if called upon to undertake to load the packages from more than one storage

point and deliver the same at the destination station at more than one location within the Municipal limits of the destination city/town, the Transporter(s) are required to do so without additional charges.

9) UTILISATION OF TRUCKS:

a) The Corporation does not guarantee minimum mileage for each truck per month nor do they

guarantee the minimum number of trucks that will be utilized per month and no liability whatsoever shall be attached to the Corporation on account thereof.

b) Plant Manager Loni Plant Installation or his authorised officers shall decide the schedule of despatches.

10) TRANSSHIPMENT:

a) The Transporter(s) shall undertake the movement of the product entrusted to him by the Corporation without transhipment. If transhipment is inevitable, the Transporter(s) shall advise the Corporation well in advance and obtain written consent for the same. Adequate care and precautions should be taken to ensure safe handling of the product/packages. No additional charges will be paid by the Corporation for transhipment.

b) Accidents occurring during the course of Corporation’s work should be reported by the Transporter(s) to Plant Manager, Loni Plant, without delay. This should be followed by a detailed written report from the Transporter(s).

c) The Transporters will be responsible for making necessary arrangements to salvage the product from the truck which has met with an accident and to arrange for its return to the Corporation’s Installation as directed. Any expenses on this account as well as the loss of product/packages sustained will be on Transporter’s account.

11) SECURITY DEPOSIT/BANK GUARANTEE

Upon commencement of the agreement the Transporter(s) shall furnish the Corporation a security deposit of Rs 20 lakhs. out of which minimum Demand Draft should be for Rs 2,00,000/- (Rs two lakhs) in favour of Bharat Petroleum Corporation Ltd payable at Noida UP and balance amount should be payable by way of irrevocable Bank Guarantee of a scheduled bank for a period of thirty (30) months from the date of issue of Bank Guarantee which includes inter alia, the full period of the Contract (i.e. one year), one year option period and an additional six months. It shall be lawful for the Corporation to adjust the Bank Guarantee amount against all pending or future dues and also to appropriate the entire deposit or any part thereof against losses, damages, cost charges or expenses arising out of the Transporter(s) failure or negligence to observe any terms and conditions of this contract. This is without prejudice to other remedies available to the Corporation.

12) SUBCONTRACTING:

The Transporter/s shall not be entitled to assign, subrogate, sublet or part with his/their right, title and interest under the contract for any reasons, whatsoever, or change the ownership of the Transport


Vehicles (ISO containerized trucks) or take any new partners or members without the previous written consent of the Corporation.

13) RATES AND PAYMENT OF BILLS:

a) One way transportation rates payable by the Corporation for transporting Packed Lubes ex-Loni

Plant LOBP, or any other location of BPCL in and around 50 kms of Delhi to various locations are per Rs/MT as given in the Rate Schedule attached hereto. The Transportation charges payable to the Transporter(s) under this agreement will be based on the shortest motorable route as approved by the Corporation from time to time.

b) In case of transportation on stock transfer (STO) basis to any company depot / company location / company plant, the transportation payment will be automatically done by BPCL SAP system.

c) In case of Direct Sales to customer or any other location which is not mapped in SAP the transportation payment will be done only on submission of due acknowledgement from receiving location / customer by the transporter. The due acknowledgment receipt should be submitted within 15 days of delivery of product.

d) All the transport payments will be made in accordance with this agreement and at the rates

specified in the schedule.

e) In case of any financial loss suffered by the Corporation due to loss of documents, the same would be recovered from Transporter.

f) The Transporter(s) shall submit bills to the Corporation in accordance with this agreement and at the rates specified in the schedule in such a format and in such a manner and at such intervals as shall be directed by the Corporation from time to time or the Corporation may, at its sole discretion, effect payment of the amount due to the Transporter(s) in accordance with this agreement and rates specified in the schedule and furnish necessary details to the Transporter(s) along with such payment.

g) A bill not submitted within six months of the date of delivery may not be entertained.

h) In line with the directives from the Income Tax Directorate, Income Tax would be deducted at source from all payments being made to Transporter(s). This rate can be changed in line with approval/ authorization if any given to that effect by the concerned Income Tax Officer.

i) Calculation of weight of package would be on the following basis : i) A list of standard gross weight for cartons/drums/packages will be available from despatching

location.

ii) The package loaded would then be converted by multiplying the number of respective packages by the standard gross weights. This working would be through BPCL SAP system and no physical weighment would be done each time the trucks are loaded.

j) Any amount due from the Transporter or any of its partners / directors against this contract or any other contract would be settled against running bills of this contract / Bank Guarantee.

k) Transporter’s copy of challan duly signed by the consignee should be submitted to Despatching location latest within 15 days from the date of the delivery of the consignment, failing which the Transporter/s will not be given subsequent loads and the Corporation may levy a penalty of Rs.25/- per day for the period of submission of challan is delayed till such time the default continues.


l) In the event that the product is not delivered at destination within 15 days from the date of despatch, it will be the responsibility of the transporter to inform in writing the despatching location the correct status and the reason thereof.

m) That the rates specified in the Schedule attached hereto or any substituted schedule as provided herein will apply under all road and weather conditions and the Transporter/s will not be entitled to any extra allowances, or stoppage of work on this ground, during the currency of the contract.

14) LIABILITY OF TRANSPORTERS:

a) The Transporter shall be totally responsible for delivering the correct quality and quantity of the

product as per invoice at the destination specified. The Transporter’s driver should satisfy himself regarding the product quantity and quality when it is loaded in the truck prior to the sealing of the truck(s). In the event of any loss of product recorded at the destination, the cost of such shortages will be debited and recovered either from the Transporter’s bills, if any, with the Corporation or shall be made good directly by the Transporter or will be adjusted against any deposit or other amounts payable to the Transporter, or against the Bank Guarantee furnished by the Transporter against Contract.

b) Once the truck leaves Corporation's loading storage point, it is the responsibility and accountability of the Transporter to ensure that correct quantity/quality is delivered at destination.

c) If any adulteration/contamination is established, the adulterated / contaminated product will be disposed off at the Corporation’s discretion. All expenses/losses and cost of adulterated/contaminated product in this connection as determined by the Corporation will be recovered from the transporter. No freight payment for such trips will be made to the transporter. In addition to the above, if deliberate attempt for adulteration/contamination is established, action will be taken by the Corporation as per Industry Transport Discipline Guidelines.

d) The Transporter shall make delivery in all instances within a reasonable time and will not permit his/their trucks to be off the road for any unreasonable period and will not hold up deliveries for any cause. The Transporter shall also be responsible for safe conduct of supplies in transit.

e) The transporter will have to submit copy of document acknowledging product receipt against the truck for previous movement within 15 days of loading.

f) That in case the Transport Vehicles (ISO containerised trucks) is rendered unserviceable for want of repairs, servicing etc., beyond 15 days, the Transporter/s will provide another ISO containerised truck to effect supplies. In the event of Transporter/s failure to provide another ISO containerised truck, the Transporter/s shall be liable to make good to the Corporation the extra expenses that may be incurred by the Corporation in making other arrangement for effecting supplies without prejudice to all other rights of the Corporation.

g) It is essential that the Transporter gets the names, addresses, designations and signature of their authorized agents duly registered in advance with the Corporation and the signature of such authorized representatives of the Transporter shall be indicated on the requisition slip of the Corporation based on the intimation given by the Transporter to the Corporation for loading of products at the Corporation's Installation. Any change or variation in the new designation of such authorized representative should be intimated in advance to the Corporation.

h) Agreement, terms and conditions are binding on the Transporter/s from the date of intention of award of contract made known to the party irrespective of the fact as to the actual date of signing of this Agreement and Deed.

i) The Corporation reserves the right to impose a penalty on the Transporter(s) at the rate of Rs.1000/- (Rupees One thousand only) per day as liquidated damages for non placement of ISO containerised trucks on the same day, from the call up time for the destination subject to max


defaulting period of 5 days for each trip loss, and such penalties shall be recovered from the Transporter(s) bills.

j) If at any time during the currency of this agreement the Transporter(s) fails to transport the product as provided herein and / or fails to perform the various other obligations specified in this agreement , the Corporation may in its discretion and without prejudice to its other rights and remedies engage the services of other Agencies/transporters to perform the obligations and transport the products and in such an event the Transporter(s) undertakes to reimburse the Corporation all the additional expenses incurred by the Corporation in this connection.

k) Performance, with regard to placement of Trucks as per terms and conditions of the tender, will be evaluated on a month to month basis which should be above 90%. In case of shortfall, BPCL will take action as deemed fit including termination of the contract.

15) Any loss of the product, issued on the basis of the requisition slip signed by the authorized

representative of transporter will be at the entire risk, costs and expenses of the transporter only. If, however, through any mistake, inadvertence, lack of prudence or foresight of the Corporation or its Installation or Depot, any loading of the product is undertaken in the truck in the absence of such requisition slips signed by the authorized representative, or in respect of any irregularity there in, the same will not absolve the transporter from liability in respect of transportation of such products and all the provisions contained in this agreement shall also apply to such products so loaded in such trucks.

a) Transporter shall keep Company indemnified in respect of above. In case, Company is made

liable to pay any part of above cost, the same shall be recovered from the Transporter.

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

c) Transporter shall make their own arrangement for parking of their vehicle overnight and / or during holidays.

d) The Transporter shall comply with all statutory provisions relating to his trade / business / profession including his own employees or employees engaged by the Transporter and BPCL shall not be responsible for his omission or commission.

e) The Transporter will have an Insurance Policy from an established Insurance Company for each vehicle and keep such Policy in force at all times to cover all risk of whatever nature inclusive of any damage caused by the trucks to the Corporation's property. The Transporter will produce for the perusal of the Corporation the original Insurance Policy and proof of payment all Insurance premium and charges in respect thereof as and when demanded by the Corporation.

f) Transit Insurance of the product will be taken by the transporter and it shall be at transporter’s cost.

g) The Transporter/s will make good to the Corporation for any losses arising from:

i. The confiscation by Government or local authorities of any quantities of the said products delivered to the Transporter/s for transportation

ii. Loading, unloading or in transit for reasons other than the acts of God, riots or civil commotion.

16) The Company will pay to the Transporter for the transportation work undertaken from the loading location and at the rates detailed in LOI / Work Order. This rate shall be valid for all roads and weather conditions and are calculated from loading location.


17) The above rates are subject to escalation / de-escalation as per formula given in Schedule- A.

a) Octroi charges, wherever applicable, levied on the product would be paid by authorized clearing agents of BPCL.

b) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Transporter for their trucks while transporting petroleum products under this Contract would NOT be reimbursed by the Company.

c) The transport charges payable under this Agreement are based on shortest motorable route as approved by the Company on the one way distance basis

d) The procedure for payment of transport bills and octroi prevalent in the Company from time to time would be binding on the Transporter.

18) The Corporation shall provide the Transporter(s) with transport work hereunder as and when it

considers necessary and shall not be bound to give or entrust all the transport work to the Transporter(s).

19) Nothing herein contained shall prevent the Corporation from engaging any other Transporter(s) to carry out transportation work similar to the work entrusted to the Transporter(s). The Corporation reserves the right to appoint two or more Transporter(s) as it deems necessary towards achievement of efficient, timely and effective supplies.

20) The Corporation reserves the right to award parallel contract/s to any other Transporter/s during the tenure of this contract without giving any notice or prior intimation to the existing Transporter/s.

21) DETENTION CHARGES:

a) Detention charges of Rs 1000/- per day are payable for detention at loading/unloading points

provided the detention is a result of the Corporation’s inability to accept the consignment within 24 hours of arrival of the truck which means that the detention time commence only after the expiry of 24 hours of reporting the arrival of the truck at the proper unloading destination on a working day. The truck should arrive on a working day at least three hours prior to the normal closing time (0500 pm on week days & 0100 pm on Saturdays for BPC locations) of the unloading destination. Should the truck reach the unloading destination on a Holiday/Sunday then the detention will be computed after 24 hours from the commencement of working hours on the first working day following the Holiday/Sunday. If the truck reaches the destination storage point, at say 10.00 hours i.e. three hours before the closing time of, say 1.00 PM on Saturday, the detention time will be computed from 10.00 A.M. of the next working day up to the time of release of the truck. Truck reaching less than three hours before closing time on a working day will be considered as reporting on the following working day.

b) Detention charges at loading/unloading points shall be payable by the Corporation to the Transporter as per agreed norms provided such detention details are properly endorsed, signed and stamped on the receipt documents by the receiving location. It is the responsibility of the transporter to ensure proper endorsement on the documents. However, all efforts will be made by the Corporation to avoid delays/detentions.

22) FORCE MAJEURE CLAUSE:

a) If at any time during the continuance of the Contract the performance in whole or part by either

party of any obligation under the Contract shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be


entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance.

b) Dispatches under the Contract shall be resumed as soon as practicable after such event has

come to an end or ceased to exist and decision of Head, Lubes SBU, Bharat Petroleum Corporation Ltd., as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate the Contract. Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non-performance is occasioned by conditions of the Force Majeure. Any proper definition of Force Majeure means natural calamities like floods, earthquake and other acts of God and riots, etc.

23) LOCAL CONTACT OFFICE:

It is necessary that the Transporter(s) shall have a contact office at Delhi / Noida, and get the Photographs, names and addresses, designations and signatures of their authorised representatives duly registered in advance with the Corporation.

24) TRANSPORTER(S)’ EMPLOYEES:

a) For the purpose of carrying out this job the Transporter(s) shall employ or engage their own personnel. Persons so employed by the Transporter(s) shall not be deemed to be in employment of BHARAT PETROLEUM CORPORATION LIMITED and the supervision and control of such employees shall rest always with the Transporter(s).

b) Minimum Wages: The minimum wages payable to labour employed by the Transporter(s) should be taken into account and included in the rate tender for the full period of the contract including the option period. This item will not be considered for escalation/de-escalation purpose.

c) The Transporter(s) shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government of India as “Protected Places”. The Transporter(s) further undertake to strictly abide by the Defence of India Act and Rules.

d) If however, any claim is made by any employees of the Transporter(s) against the Corporation for wages, compensation or any sum or dues, the Transporter(s) agrees to indemnify the Corporation of all such claims and to pay all the expenses which the Corporation may incur in defending any proceedings pursuant to such claims.

e) Unauthorised driving of the Transporter(s) trucks by his men, who do not possess valid heavy vehicle driving licenses within or outside the Corporation’s premises while handling transportation for the Corporation, shall not be permitted.

f) The Transporter(s) and his men shall abide by the rules and regulations of the Installation/locations when they are within the Corporation’s premises. All safety precautions as per the Corporations rules should be observed by the Transporter(s) and his/their men within Installation/Location’s premises.

g) The Transporter(s) will indemnify the Corporation against the consequences arising out of their or their workmen’s/servants/agent’s default or negligence or violation or non-adherence to Municipal/State/Central Acts relating to the carriage of goods. Should the Corporation be held liable for any loss, damage or compensation to their parties arising from or in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Transporter(s) to the Corporation together with the cost incurred on any legal proceedings pertaining thereto. The Transporter(s) shall observe and comply with the requirements of the Minimum Wages Act, the ESI Act and all other Industrial/Labour legislations


for the time being in force or may later be brought into force governing the relationship between the employer and the employees and also undertake to hold the Corporation indemnified against all claims, payments, losses that Corporation may have to make or suffer on account therefore.

h) The Transporter(s) shall whenever required by the Corporation or Government official authorised under law, produce for inspection all forms, registers and other papers required to be maintained under the various statutes. The Transporter(s) will accept liability for payment of compensation in accordance with the provision of the Workmen’s Compensation Act, 1923, read with ESI Act, 1948, or amendments thereafter for personal injury caused to any workmen by accident arising out of and in the course of his employment by the Transporter(s) in the discharge of the Transporter(s) obligations under the Agreement. The Transporter(s) will indemnify the Corporation and keep indemnified from and against all payments by way of compensation or otherwise which the Corporation may be called upon to make under the provisions of the said act to any such workmen as aforesaid and any expenses incurred by the Corporation in connection with any claim preferred by such workmen and/or against all actions, claims and demands whatsoever in respect thereof or in respect of any loss, injury or damage whatsoever to any third party, person caused by the Transporter(s) their workmen, servants and agents.

i) The Transporter(s) shall not engage any child or bonded labour for handling his work in connection with this contract or contravene any of the Government rules and regulations in this regard.

j) The Transporter(s) should ensure that no person in the vehicle should smoke and no fire or other ingredients of ignition should be permitted in the vicinity of the vehicle. No other goods should be carried in the vehicle. The vehicle engaged for transportation of Corporation’s goods shall not carry any persons and/or goods other than the crew along with the load containing Corporation’s goods.

k) The Transporter/s shall observe and implement all the laws of the land and rules framed there under and the corporation shall, in no event, be liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Transporter/s.

25) DAMAGES TO CORPORATIONS PROPERTY/EMPLOYEE:

a) The Transporter(s) shall remain at all times liable to the Corporation for any loss or damage caused to any building, plant, machinery or the property of the Corporation due to careless, negligent, inexperienced act or default of the Transporter(s), his/their agents, representative or employees.

b) The Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be

entitled to deduct from the amounts payable hereunder to the Transporter(s) the cost of repairs or the amount of loss or damages.

c) The Transporter(s) will be liable for any loss, any injury to Corporation’s employee/agents due to

careless, negligent, inexperienced act or default of the Transporter(s), his/their agents, representatives or employees.

26) In case of supplies to direct customers like Defence, Railways and other institutional customers as sales, it is very important that the transporter collects the proper acknowledgement from the customer and submits the same to the dispatching location. Any deviation in this will hamper the realization of payment from the customer in time. Hence non-payment or any delay on realization of payment from the customer for want of proper acknowledgement shall be the sole responsibility of the transporter and any loss on this account to the Corporation shall be recovered from the transporters’ bill /bank guarantee.

27) Handling of Important Documents:


a) All transporters are supposed to carry the Cenvatable document (Duplicate copy for transporters) and the same to be deposited at the destination. The Cenvat document is a valued document and excise duty credit can be taken based on the above document only. Hence, the transporters while taking the supply should check whether the Cenvatable copies are collected from the supply point and ensure safe deposit of the same at the destination.

b) Where supplies to destinations to a state covered by sales tax road permits it is responsibility of the Transporter / his representative to collect sales tax road permits from the despatching locations or as advised by the authorized officer / employee of the Corporation at the despatching location and carry the same with the consignment and deposit as required under the state law. The Transporter will indemnify and be responsible for the loss or cost involved in not carrying the sales tax road permit or the action taken by the concerned authorities.

c) The Transporter shall be responsible and comply with service tax rules and formalities as directed by the Corporation from time to time. Hence, it is essential that transporters should advise all concerned to keep proper track of this valued document. Transporters should note that in case of loss of Cenvatable copy, the amounts of excise duty will be recovered from their transport bills.

28) BLACKLISTING OF TRANSPORTER/TRUCKS:

The Corporation reserves the right to blacklist the transporter/ trucks which are suspected to be indulging in any sort of malpractices or any other acts not conducive to the interest of the corporation such as misbehaviour, dishonesty, disobedience, pilferage etc as per transport discipline guidelines. Such trucks shall be suspended from the business without giving any reasons and in all such cases no compensation will be paid to the Transporter(s).

*PERFORMANCE: Performance, with regard to placement of Trucks as per terms and conditions of the tender, will be evaluated on a month to month basis which should be above 90%. In case of shortfall, BPCL will take action as deemed fit including termination of the contract and forfeiting the EMD.

29) ADDITIONAL / NEW LOCATIONS:

During the currency of the contract, if the need arises for a new station/location then following course of action shall apply:

a) If the new location is within thirty (30) kms radius of already allotted station in the agreement and

both the stations are within same State then it will be considered as movement to same place and no differential payment shall be applicable.

b) The new location and the nearest location are in the same state but beyond thirty (30) kms then the rates will be worked out on pro-rata basis and the transporter(s) to whom such station is already allotted will be liable to carryout the movement to new station at worked out pro-rate rates and upon written intimation from BPCL of such inclusion of new stations. The scope of work of the transporter shall automatically be amended with such intimations and all the other terms and conditions of the contract shall be applicable to such new stations also.

c) If the new location falls in a State, where there are no established rates, then the rates will be established by calling quotations from all the existing transporters.

d) To establish prorated rates for any new location, the Ex-Loni one way distance in KMs to such a

new location will be taken as per the shortest motorable distance as approved by the Corporation.

30) JURISDICTION:

The parties hereby agree that the courts in the city of Delhi alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any


award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Delhi only.

31) TERMINATION OF CONTRACT:

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

a) If the Transporter, its' proprietor or any partner is adjudicated insolvent or become bankrupt or

goes into liquidation whether voluntary or otherwise.

b) If attachment in execution of a decree is passed against the Transporter, its proprietor or any of it’s' partners.

c) If road permits or statutory licenses / permissions granted to Transporter / its trucks by transport or any statutory authorities is cancelled or revoked.

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

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

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

g) If the Transporter causes disruption in transportation of packed lubricants products. The decision of Company will be final and binding on the Transporter.

h) On the death or retirement of proprietor or any of the partners of the Transporter firm. However, in case, Company does not exercise this option, the Agreement shall continue as between the Company and surviving / continuing partners of the Transporter. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the transporter incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit. Company shall account for Security Deposit to the surviving or continuing partners. The death or retirement of any partners shall be notified by the Transporters to the Company in writing within 24 hours of such death or retirement.

i) If the crew of the transporter commits any unsafe act such as rash driving, accident, non adherence to safety guidelines and not using safety/protective equipments etc. within or outside BPCL premises.

j) If the Transporter, its proprietor or any partners or Truck crew misbehaves (abuse/ threat/ assault/ manhandles) with the consumers/Dealers or with the employee of the BPCL.

k) If the performance of the transporter is found to be unsatisfactory with regard to placement of trucks, which should be minimum 90% against daily call ups given (i.e. call ups given by despatching location(s) upto 1000 hrs on daily basis, the transporter should place the required number of ISO Containers Trucks on the same day, 2 hours before closure of despatching location(s).

*** In the event the company terminates this agreement vide Clause 31 above the Company will invoke the bank guarantee to recover outstanding dues if any. Further the Transporter shall not claim from the company any amount either by way of compensation, damages or otherwise. In the event of termination of contract such transporter will not be eligible to participate in future tenders for bulk lube and packed lube for BPCL during next 2 (two ) years .

32) ARBITRATION:


a) Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Company against the contractor or regarding any right, liability, act omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Company or of some Officer of the Company who may be nominated by the Director (Marketing). The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Company or that he had dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Company he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Company if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) or the Company as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

b) The award shall be made in writing and published by the Arbitrator within two years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

c) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directors as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

d) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

e) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other technical person to assist him, and to act by the opinion so taken.

f) The arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

g) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require on or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.


h) The parties hereby agree that the courts in the city of Delhi alone shall have jurisdiction to

entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Delhi only.

33) This Agreement covers entire understanding between the parties. No alteration / variation of any

of the terms of this Agreement shall be valid unless made with the consent of both the parties and evidenced in writing duly signed by authorized representatives of both the parties.

34) All notices and other communications to be given under this Agreement by either party to the other shall unless otherwise specifically agreed be given in writing by Registered Post or hand delivery against acknowledgement to the following addresses of the respective parties.


Name of Transporter, Address, Signed and witnessed at ___________ on _________. For COMPANY WITNESS 1.

2. M/s. _____________________ (Authorized Signatory) For TRANSPORTERS WITNESS 1. 2. M/s. ________________________ (PROP. /PARTNER/DIRECTORS)

Self attested passport size recent colour photograph of the Carrier (Individual or Authorised Signatories)


Technical Bid Annexure–2

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

Increase/ decrease in the transportation rate in Paise per MT Per KM will be as per the following formula:

Increase / Decrease in 1 litre of PGHSD RSP at Ghaziabad City in BPC R.P.O. (with following

clarifications) ---------------------------------------------------------------------------------------------------------

Q x 4

Where Q represents notional capacity of a truck and it is taken as 9 MT and 4 represent distance (4kms), which a truck can run with 1 lit of PGHSD (loaded or otherwise) for the purpose of calculations.

NOTE:

1) The retail-selling price of PGHSD as on the date of opening of the tender will be the base price. 2) The escalation / de-escalation of transportation rates will be allowed every month i.e. on 1st

January, 1st Feb, 1st March, etc., 3) Escalation / de-escalation shall be applicable as per increase / decrease in RSP (Retail selling

price) of PGHSD, which will be the weighted average of the RSP of PGHSD during immediate previous month, and the new transportation rates arrived at on the above date shall be applicable for subsequent month.

4) Only the increase / decrease in RSP of PGHSD at Ghaziabad City in BPC R.P.O. shall be

considered and the escalation / de-escalation factor shall apply.


Technical Bid Annexure–3

TRANSPORT DISCIPLINE GUIDELINES

1) Transport Agreement:

a) All cases of malpractices and adulteration shall be dealt in accordance with the Transport Discipline Guidelines and these guidelines shall form part of Transport Agreement.

b) All the clauses of the Transport Agreement enclosed shall be adhered to. c) Transporter shall give an undertaking at the time of agreement with the Company that his

ISO truck/s is/are not under agreement with any other Company including Oil companies other than BPC.

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

a) Deliberate attempt. b) Other causes

3) Malpractices: Malpractices will also cover any of the following:

a) Tampering with standard fittings of ISO Trucks for pilferage of products b) Diversion from specified route without any valid reasons c) Exceeding trip time

4) Deliberate attempt:

a) Truck caught for having indulged in malpractices shall be immediately suspended by

location-in-charge. However, an investigation shall be conducted as per the procedure of the Company and approval of the appropriate authority obtained before the Truck is black listed.

b) On investigation, if it is proved that the truck crew alone is responsible for the malpractice/irregularity, then that particular truck alone shall be blacklisted along with the truck crew. However, if the investigation reveals the complicity of the owner of the truck, then the whole contract comprising the trucks belonging to the concerned transporters shall be cancelled and all trucks blacklisted along with the truck crew.

c) The period of blacklisting a truck shall be of two years. However, the decision of lifting ban on the concerned truck shall necessarily be taken who had originally blacklisted the truck. Depending upon the seriousness of the offence, the truck may be banned permanently.

d) A list of all such blacklisted / banned trucks showing their registration nos. along with their Engine and Chassis Nos. shall be prepared and circulated to all Regions and other oil companies so that the trucks banned in one location/oil Company are not engaged by other locations/Oil companies.

e) Locations shall maintain records of all such blacklisted/banned trucks with all relevant details in a register and exchange this information with other Oil Companies.

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


a) Disposal of contaminated product shall be as per advice from Quality Control Department.

b) Incidental expenses and any other expenses sustained by the Company for disposal of the contaminated product shall also be recovered from the transporter.

c) No transportation charges shall be paid for the futile trip to the Dealer/Consumer or Receiving Location as well as for the subsequent trips for delivering the adulterated/contaminated product to the Company’s nominated location for disposal of the product.

d) Action against the transporter for suspension/blacklisting of truck/s or termination of transport contract shall be initiated as stipulated under clause (4) above.

6) Other clauses:

a) In all cases of malpractices/irregularities for pilferage of the product where it is difficult to establish deliberate attempt on the part of the transporter/truck crew, action stipulated above under Deliberate Attempt, shall be initiated except suspension/blacklisting of truck. However, transporter shall be warned and asked to remove the crew.

b) Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be same as that under clause V above. However, in case of accidental contamination, decision for suspension /blacklisting of the truck/s shall be based on the investigation report.

7) Health Safety & Environment Requirements:

a) All rules / regulations and statutory requirements shall be strictly followed by the transporter and their work force i.e. drivers / cleaners at the work place and on the road while transporting petroleum goods.

b) Driver and cleaner shall wear safety belts while driving vehicle on the road.

c) No truck shall be plied by the driver without cleaner, either on the road or at any work place.

d) The truck crew would not be permitted to enter the location premises without use of the Personal protective equipment i.e. safety shoes, helmet, spectacles (wherever necessary).

e) Safety fittings, fitness conditions of vehicles to ply on road shall be checked by the crew of trucks before start.

f) Safety procedures for unloading and loading of vehicles at the supply location as well as at the unloading location shall be strictly adhered to.

g) It shall be mandatory for all drivers to undergo refresher training course.

h) All drivers must have licenses duly endorsed by RTO certifying eligibility for driving hazardous goods, and without above certification shall not drive any vehicle.

i) All drivers and cleaners must undergo periodic health check for Blood pressure, sugar & vision.


j) No driver shall drive the vehicle under ill health condition.


Technical Bid Annexure-4

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

BANK GUARANTEE

1) In consideration of Bharat Petroleum Corporation Limited having its registered office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinafter called "The Company" having agreed to exempt M/S ____________________(Hereinafter called "the said Transporter(s)") from the demand under the terms and conditions of an Agreement dated ___________ made between _________________ the Company______________ and the Transporter(s) ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfilment by the said Transporter(s) of the terms and conditions contained in the said Agreement on production of Bank Guarantee for Rs. _________ (Rupees ________________ only), We ____________________(name of Bank) (hereinafter referred to as "Bank") at the request of M/S _______________________ (Transporter(s) ) do hereby undertake to pay to the Company an amount not exceeding Rs. 18,00,000 (Rupees Eighteen lakhs only) against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Transporter(s) of any of the terms and conditions contained in the said Agreement.

2) We ______________ (name of the Bank) do hereby undertake to pay the amounts due

and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reasons of breach by the said Transporter(s) of any of the terms and conditions contained in the said agreement or by reason of the Transporter’s failure to perform the said Agreement. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _________________ (Rupees _________________ only).

3) We undertake to pay to the Company any money so demanded notwithstanding any

dispute or disputes raised by the Transporter(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability under this guarantee for payment there under and the Transporter(s) shall have no claim against us for making such payment.

4) We______________ (name of Bank) further agree that the guarantee herein contained

shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Company under of by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Transporter(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before _____________ we shall be discharged from all liabilities under this guarantee thereafter.

5) We _______________________ (name of Bank) further agree with the

________________ Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Transporter(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Company against the said Transporter(s) and to forbear or


enforce any of the terms and conditions relating to the said Agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Transporter(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Transporter(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

6) This guarantee will not be discharged due to the change in the constitution of the Bank or

the Transporter(s).

7) We ___________________ (name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing.

Dated ____________________ day of ____________ 2010. For __________________________ (Indicate name of the Bank)



(On a non-judicial stamp paper of Rs. 200/-as applicable on date and statute)

INDEMNITY BOND This Indemnity Bond executed on this ……………. day of …………… Two thousand eight by M/s. …………………………. and having its registered Office at ……………………………………………………… hereinafter called the said Transporter/s (which expression shall mean and include the partner or partners for the time being of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Bharat Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART and M/S _______________________________________ a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ___________________________ hereinafter called “THE TRANSPORTER” or Transporter (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Corporation has awarded transport contract to the said Transporter for transportation of packed lubricants for the period of 1 year effective from __________ and extendable for another one year at Corporation’s option on the same rates, terms and conditions as per contract agreement signed and WHEREAS the said Transporter has offered ………. Nos. of ISO containerised trucks to the Corporation owned by the said Transporter and ……………No. of ISO containerised trucks attached to their firm but not owned by them and declared under their control as their own. Details of these trucks are given in the list attached to the said transport contract Agreement. AND WHEREAS the Transporter offers the aforesaid number of ISO containerised trucks either owned by them and/or declared by the Transporter claiming as their own or any addition of ISO containerised trucks made subsequent to the award of contract and declared as (either owned directly or attached to the firm). AND WHEREAS the said Transporter has requested the Corporation to accept the said ISO containerised trucks and the additional trucks made available subsequent to the award of contract, offered under the requisition slip of the said Transporter and the said Transporter has agreed to execute this Indemnity Bond. IT IS, therefore, the intent of the Indemnity Bond of M/s. …………………………......, the said Transporter to indemnify and keep indemnified the Corporation as stated hereinafter:

1) The said Transporter hereby agrees and undertakes to abide by all the terms and conditions of the tender and the transport contract agreement and that the said Transporter shall be solely and absolutely responsible and liable with regard to the said ISO containerised trucks and the additional trucks made available subsequent to the award of contract and keep the corporation indemnified against any loss, damage, liability and/or third party claim, whatsoever, which the Corporation may suffer due to utilisation of the said ISO containerised trucks and the additional ISO containerised trucks made available subsequent to the award of contract, not owned by the said Transporter.

2) M/s. …………………………………. , the said Transporter, hereby undertakes to indemnify and keep indemnified the Corporation against all losses, damages and claims of whatsoever nature which may arise against the Corporation by way of utilisation of the said ISO containerised trucks and the additional ISO containerised trucks made available


subsequent to the award of contract, due to accident, negligence of the driver / cleaner or other staff of the truck or due to the truck operator getting involved in any criminal act of whatsoever nature and the said Transporter undertakes and hold himself liable and responsible for all these losses, damages and/or liabilities without involving the Corporation therein.

3) M/s. ………………………………… , the said Transporter further undertakes to indemnify

and keep the corporation indemnified against all suits, litigations / court proceedings, demands, claims or any action which may arise against the Corporation due to utilisation of the said ISO containerised trucks and the additional ISO containerised truck made available subsequent to the award of contract.

4) Finally, M/s. …………………………….. the said Transporter undertakes that all the terms

and conditions of the tender and transport contract agreement dated ………………shall be applicable and the said Transporter shall be liable as per these terms and conditions for the utilisation of the said ISO containerised trucks and the additional ISO containerised trucks made available subsequent to the award of contract, offered to the Corporation in the same manner as if these trucks are owned by the said Transporter.

SIGNATURE: …………………………..

NAME :

(Signed as Proprietor / Partner / Director)

NAME & ADDRESS ………………………….. OF THEIR FIRM ……………………………

……………………………… BEFORE ME PUBLIC NOTARY



FORM – ‘B’

STATEMENT TO BE FURNISHED BY TRANSPORTERS IN REPSECT OF EACH AND EVERY VEHICLE (ISO TRUCKS) BEFORE AWARD OF CONTRACT.

Sr. No. Particulars To be filled by Applicant

1 Name of the Firm: 2 Address: 3 Truck Registration No. 4 Truck Make & Model 5 Truck Capacity in KGs : i. RLW –

ii. ULW –

iii. Pay Load – iv. (RLW – ULW) v. GVW –

6 Chassis No. 7 Engine No. 8 Year of Fabrication (for ISO containerized trucks) 9 ISO Container No.

10 Name of the Owner of ISO Container Truck as per the R C Book

11 Address of the Owner of the ISO Container Truck as per R C Book

12 Relationship of the ISO Truck Owner with the Tenderer

13 State Contractual obligation or any other obligation with the firm for the truck.

14 Hypothecation with 15 Contract with 16 Sub Contract with

17 Permission as of Owner on affidavit as per BPCL format to allow to use the truck against this contract

18

State whether the truck is in use If Yes, Name of Transporter / Organisation / Company under whose contract the truck is running and w.e.f.

Yes / No Name: w.e.f

19 Whether the truck is suspended / blacklisted by any Orgnisation / any other Company

20 Whether fitted with Safety fittings This is to certify that the details as furnished by us have been verified and found correct. We have not made any misrepresentation with the view to get the contract in our favour. If any information is found to be incorrect, the contract awarded to us shall be liable to be cancelled by the Corporation and we shall be liable to pay to the Corporation such damages as Corporation may be put to due to termination of the contract. We also undertake that should there be any action against the Corporation on account of award of contract in our favour on the basis of misrepresentation, we shall keep the Corporation completely indemnified against


all the losses/damages, litigation, court action etc. This undertaking forms a part of contract agreement. The above certification is true and if subsequently any of above declaration is found false or suppressed, action as deemed fit in respect of the truck or me as a Transporter can be taken by BPCL. WITNESS: (Name) _______________________ SIGNATURE: ____________________ SIGNATURE : _______________________ (Signed as Proprietor/Partner/Director) NAME : _________________________ ADDRESS : _________________________________ NAME OF THE FIRM : __________________________________ ADDRESS : ____________________________________________________


(2.a) Attachment-1 (Technical Bid)

PARTICULARS OF TENDERER 1. Name of the tenderer: 2(a) Registered office address of the tenderer: (b) Address for correspondence: 3. Phone Nos.: 4. Fax Nos.: 5. Mobile Nos.: 6. E-mail address: 7. Status of the tenderer (Individual, Prop. firm, Partnership, Ltd. Company, Co-operative

Society, Other): 8. Registration No.: 9. Year of establishment: 10. Permanent Account No. (PAN issued by Income Tax Dept.):

11. Whether tenderer/ Prop. / any of the Partners/ Directors are related (as defined under

Companies Act 1956) to any of Directors of Company to which tender is being submitted. If so, name of Director of BPCL & nature of relationship.

________________________________ 12. Whether the Tenderer is existing dealer/ distributor/transporter of BPCL/IOCL/HPCL/any

other loading Company then give details along with code allotted. ______________________________

13. We confirm that neither tenderer nor any TRUCK offered are involved in any litigation,

which would render the performance of any obligation impossible in case, the contract is awarded to us.

14. Name(s) of the Person(s) Operating: 15. Name(s) of authorised representative (s) 16. Name of Bankers & Branch with full address: 17. Type of Account & A/C. No. 18. Names (s) of Person(s) Operating the bank account


19. Furnish Power of Attorney / Board Resolution authorizing the Undersigned to represent the Firm and sign and commit on behalf of the firm. 20. No. of trucks offered under this tender – furnish details --- Owned by Tenderer --- Attached 21. Whether applying under SC/ ST Category. Please indicate YES or NO (If YES, then Certificate from competent authority supporting their claim to be submitted as per Attachment 4) YES / NO 22. Type of job in which engaged :

as independent Transporter. 23. Maximum value of job the :

Transporter is capable of handling per year. (Furnish details of your financial standing together with the Bank References from any Scheduled Bank as per Bank’s format)

24. Are you on the approved list of : Transporters of other Oil Cos. / Public Sector Undertakings/ Govt. Departments etc. If so furnish true Copies of certificate certifying

your performance or letter of intent. 25 . Whether the tenderer is existing transporter of any Company, If so provide details. 1. Location where the transporters Transportation contract is currently operated: 2. Number of trucks on contract: Owned: Attached 3. Attach Copy of LOI : 26. Details of Job presently in hand : a) Nature of Job : b) Name of Company : c) Value of Contract : (Attach separate sheet) 27. No. of years experience in the :


field of transportation of packed Petroleum Products. Attach Experience Certificate and copy of Letter of Intent

28. No. of Trucks owned : (Attach attested copies of RC books) 29. We confirm that neither tenderer nor any truck offered are blacklisted by any PSU Oil

Company. 30. We confirm that neither tenderer nor any truck offered are involved in any litigation, which would render the performance of any obligation impossible in case, the contract

is awarded to us. 31. We confirm that rates offered by us will remain valid for acceptance by you up to 240 days

from the date of opening of the Price Bid of this tender. I / We do hereby certify that the information as provided above is correct and true in all respects. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________


(2.c) Attachment -2

(Technical Bid) PARTICULARS OF ISO containerised trucks offered for road transportation of packed lube

oil Ex Loni to various destinations.

Sr. No.

RTO Registration number of ISO containers

Make & Model

Engine No.

Chassis No.

Capacity in MT as per RC book

Owned by Firm/ Partner/Proprietor/Director

Name of Owner

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (If required please use extra sheet in the same format)

a. We confirm that the age of above ISO containerised trucks are not more than 8 years as on date of opening of this tender. Also the age of truck offered should not exceed 8 years during the contractual period. The trucks attaining the above age will be removed from the contract and replacement with another ISO containerised / Open Full Body truck having age less than above age will be the responsibility of the concerned Transporter.

b. We undertake to offer above trucks at the disposal of BPCL Co. Ltd in case the contract is awarded in our favour against the above tender.

c. Tenderers are advised to put their signature with their seal. d. Enclose Attested / Notarised photocopies of RC book. The owned ISO trucks offered against minimum

qualification criteria requirement to be mentioned first and thereafter other vehicles offered. e. In case of ISO trucks owned by the Tenderer Firm / Proprietor himself, Copy of Registration Certificate /

Route Permit for each ISO Truck offered by the tenderer along with Form ‘B’ should be submitted before award of contract. Original documents of each truck also to be produced on demand from BPCL for verification along with this.


f. However, Attested/ Notarised Photo copy of all pages of Certificate of Registration of trucks (Minimum qualification criteria) registered in the name of the Tenderer Firm / Proprietor should be submitted along with the Technical Bid as a proof for ownership of truck by the Tenderer Firm / Proprietor. However, Tenderer shall be liable to produce any/all the ISO containerised trucks offered in the tender before the Officials of BPCL along with its original documents, if necessary, within 2 weeks on such demand from BPCL. In case tenderer fails to produce the trucks listed in their schedule, such trucks will not be counted as offered trucks to BPCL. However, in case of exigencies, BPCL, at its sole discretion, reserves the right to extend the date inspection of above trucks.

g. For all other cases (including where the ISO truck is owned by any Partner/Director of the Tenderer), an Affidavit from the Owner of each truck in the format enclosed with Tender Form is required to be submitted before award of contract in addition to original Registration Certificate / Route Permit etc.

Date: Signature of the tenderer ___________________ Name of tenderer who is signing__________________ Tenderer's Name and address with seal_________________


(2.e) Attachment-3 (Technical Bid)

TENDERER’S COVERING LETTER (2.1) CATEGORY: SC/ST/GEN (Tick one)

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

To: Bharat Petroleum Corporation Ltd, SCM (Lubes), .

Dear Sir, Sub: Tender for road transportation of packed lubricants / greases / specialities/ additives in ISO container trucks ex-Loni TENDER NO: BPCL/TPT/NR/PRMRY/PACKED//LONI 2011-2013

Type of Movement: For ISO CONTAINER / OPEN FULL BODY TRUCKS MOVEMENT

With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/ documents supplied with the tender and return them duly signed and stamped for having accepted in Toto. We also submit our offer duly signed in sealed envelope as per details given here under ENVELOPE ‘A’ (TECHNICAL BID): (Strike Off which ever is not applicable).

1. Covering letters listing all enclosures

Yes/No

2. Particulars of tenderer (Attachment-1)

Yes/No

3. Particulars of ISO containerised truck/s offered (Attachment-2) -

Yes/No

4. Attested copies of Registration Certificates of all ISO Containerised trucks offered

Yes/No

5. Affidavit from Affidavit by the owner of attached ISO truck owners ISO Container trucks as per format enclosed (attachment 3)

Yes/No

a. 6. Details of the relationship with Directors of BPCL and

Declarations ‘I’, ‘II’ and ‘III’ –

Yes/No (Attachment-4).

7. Attested copies of caste certificate (wherever applicable) (Attachment-5)

Yes/No

8. Enclose EMD Demand Draft of Rs 1,00,000 (Rs. One lakh), which should be drawn on a scheduled Bank payable at Mumbai. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender will be rejected.

Yes/No

9. Attested copy of PAN card

Yes/No

10. Experience certificate from government/semi-government or PSU Companies or other reputed Oil Marketing companies in transportation of packed lubricants in ISO type containerised trucks as on the date of opening the tender (attachment 6)

-Yes/No

11. Attested copies of Partnership Deed or Certificate of Yes/No


Incorporation. – 12. Specimen Packed Transportation Agreement duly

filled in, signed, stamped (Attachment-7). Yes/No

13. Power of Attorney (Attachment-8). Yes/No 14. Undertaking for the trucks offered (Attachment-9) Yes/No 15. Specimen copy of Bank Guarantee for Security Deposit

duly filled, signed and stamped (Attachment-10) . Yes/No

16. Enclose DD of Rs. 5,000/- for tender documents downloaded from website or photocopy of the cash receipt for payment for purchase of tender document. The DD should be drawn on a scheduled Bank payable at Mumbai. If it is found that DD is not acceptable due to technical or any other reason, the tender will be rejected.

Yes/No

17. Attested copies of latest audited statement of accounts for last three financial years.

Yes/No

18. Declaration by the tenderer (Attachment 11) - Yes/No ENVELOPE ‘B’ (PRICE BID): Price Bid Yes/No Quoted for all the locations given in the tender Yes /No

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

Thanking you, Yours Faithfully,

Date: Signature__________________ Name of Person signing__________________ Tenderer's Name and address with seal___________________


(2.f) Attachment-4 (Technical Bid)

(On Non-Judicial Stamp Paper as prescribed in the respective State) GENERAL IRREVOCABLE POWER OF ATTORNEY

We, the undersigned (1) Shri ________________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/S __________________________ having its registered office at _________________________________ do hereby nominate, authorize and appoint Shri __________________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/S ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and/or complete the tender document of transportation of

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

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

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

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

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

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

performance of the said transport contract agreement with BPCL. We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This Power of Attorney shall remain irrevocable till the validity period of our quotation/Transport Contract Agreement / or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand two ______________. Signatures Signed, Sealed and delivered by 1) Shri___________________ the within named partners/ 2) Shri___________________ Directors of M/S _____________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)


(2.g) Attachment-5 (Technical Bid)

(AFFIDAVIT FOR ATTACHED TRUCKS ON RS 20/- STAMP PAPER) I/We _____________________________S/o Shri ______________________________ resident of ____________________________________________ do hereby solemnly affirm and declare as under: 1. That I/We are the owners of ISO containerised truck no. ____________________ bearing engine no. _________________ Chassis No.___________________ make ___________ and model ________________________. (as per attached list) 2. That I/We have attached/shall keep attached the above mentioned truck with M/s ___________________________________ till the validity of Transport Contract awarded by M/s Bharat Petroleum Corporation Limited in favour of M/s ____________________________. 3. That During the above period M/s ___________________________ alone shall have the rights of operating the said truck and receiving consideration for such operation. 4. That I/We shall be completely responsible for all kinds of shortage, complaints, claim, adulteration or any other mal practices whatsoever and agree that (Transporter’s name) will have the right to Cover the loss if any from me under legal process. 5. That I/We shall keep the challans and other documents in order and safely and shall bear all kinds of losses arising due to any loss sustained by me. 6. That in case of any break-down in transit which might amount to late delivery of the products,

the Transporter will be informed immediately. 7. That I/We further confirm that

a) The Truck No. not plying with any other Oil company is ISO type containerized truck will be solely utilized with BPCL.

b) The above truck is not blacklisted by any other Oil company i.e. IOC/HPC/BPC/AOD.

DEPONENT Owner of truck VERIFICATION Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No. part of it is false and nothing has been concealed therein. DEPONENT Owner of Truck Verified at ______________ on ______________________ Notary Public


2.j Attachment-6 (Technical Bid)

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 Proprietor PART – A Partnership Firm PART – B Company Private / Public / Co- operative Society. PART -- C

PART – A (Applicable where Tenderer is Sole Proprietor)

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

her. Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

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

1. Name of the partnership firm responding to the tender: 2. Address: 3. Names of partners: 4. State whether any of the partner of the tenderer is a Director of BPCL: Yes/No 5. If ‘Yes’ to (4) state the name(s) of the BPCL Director(s). 6. State whether any of the partner of the tenderer is related to any of the Director(s) of

BPCL: Yes/No 7 If ‘Yes’ to (6) state the name(s) of BPCL Director(s) & the concerned partner’s (ofthe

tenderer) relationship with him/ her. Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________


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

Name of the Company/ Co-operative Society responding the tender: 2. Address of: (a) Registered Office: (b) Principal Office: 3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society. 4. Names of Directors of the Company/ Co-operative Society 5. State whether any of the Director of the Tenderer/ Company is a Director of BPCL:

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

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

tenderer Co.) relationship with him/her.

Strike out whichever is not applicable. Date: Signature________________ Name of Person signing__________________ Tenderer's Name and address with seal__________________

DECLARATION ‘I’ We declare that we have complied with and have not violated any clause of the standard

Agreement.

Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________ DECLARATION ‘II’ We declare that we do not have any employee who is related to any officer of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government.

OR We have the following employees working with us who are relatives of the officers of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central /State Government. Name of the Employee Name and Designation of of the Transporter the Officer of BPCL/ IOC/ HPC / IBP/ BPCL/BPCL-KR/NRL/Central/ State Government and relation.


1. ________________________________________________ 2. ________________________________________________ Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________ DECLARATION ‘III’ The Tenderer is required to state whether he/ she is a relative of any Director of BPCL or the tenderer is a firm in which Director of BPCL 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 BPCL is member or Director, (the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of BPCL//BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________


LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family 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’s Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife 21. Sister (including Step Sister) 22. Sister’s Husband

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


(2.l) Attachment 7

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

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

FORM OF CASTE CERTIFICATE

1. This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of village / town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951

(As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, the State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.)

@The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt*…………………………….father / mother of Shri / Smt / Kumari*………………………………in District / Division……………………….of the State / Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..


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

Signature……………………… Place………………………State/Union Territory Date……………………… Designation…………………... (With seal of Office) * Please delete the words, which are not applicable. @ Please quote specific Presidential Order. 2/ 3 Delete the paragraph, which is not applicable. Note: The term ‘ordinarily reside(s)’ used here will have the same meaning as in Section 20 of

the Representation of the Peoples Act, 1950. List of authorities empowered to issue Scheduled Caste/ Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Deputy

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

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

3. Revenue Officers not below the rank of Tehsildar. 4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides. 5. Administrator/Secretary to Administrator/Development Officer (Lakshdweep Islands).


(2.m) Attachment – 8

(Technical Bid)

CREDENTIAL ON TRANSPORT EXPERIENCE (on the tenderer letterhead)

(i) I / We certify that we have ___ years of experience in transportation of packed lubricants in ISO containerised and OR Open Full Body trucks as required to meet the qualification criteria and are eligible to apply for the tender. (ii) I / We enclose the following documents to prove our credentials. (1)______________________________ (2)______________________________ (3)______________________________ Signature of the Tenderer: Name of the Tenderer: Seal of the Tenderer: Date :


(2.n) Attachment – 9

Technical Bid

UNDERTAKING We declare as under: 1. That the ISO containerised / Open Full Body trucks offered under contract to BPCL, Loni

has not been withdrawn from any other contract with any other Oil Company or any other Location of the BPCL.

2. That the trucks under reference are not attached with any other Party/ Transporter/

Distributor and have not been withdrawn without their prior consent. 3. That the subject trucks are not involved in any litigation other than routine cases of road

accident or any violation of Motor Vehicles Act. 4. That we have not been blacklisted so far by IOC/ BPC/BPCL-KR/ HPC/ IBP. 5. We further confirm that the details as furnished by us have been verified and found

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

Date: Signature__________________

Name of Person signing__________________ Tenderer's Name and address with seal___________________


(2.o) Attachment- 10

(Technical Bid)

DECLARATION BY THE TENDERER

We have carefully studied the Tender and submit our offer having fully understood the same. We hereby agree to abide by and fulfill all the terms and conditions set out in the tender form, General and Special terms of contract and agreement papers and Rate Schedule as given in the Price Bid and which should be deemed to form part of this tender. We return herewith the enclosure duly signed and rubber stamped on each page as a token of our acceptance. We hereby confirm that no changes have been made in the tender document(either purchased or downloaded from BPCL Website) and if the Corporation finds any changes at a later date, we shall be liable for any disciplinary action including termination of the contract as deemed fit by the Corporation.

Signature of the Tenderer: Full Name of the Tenderer: Seal of the tenderer: Address: Telephone Nos.


(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

INTEGRITY PACT Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And ………………………..hereinafter referred to as "The Bidder/Contractor/Supplier" 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 principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External 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: a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. b) 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. c) The Principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions. Section 2 - Commitments of the Bidder / Contractor/Supplier: (1) The Bidder / Contractor/Supplier 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. a) The Bidder / Contractor/Supplier 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. b) The Bidder / Contractor/Supplier will not enter with other Bidders 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 bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes 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 proposals and business details, including information contained or transmitted electronically.


d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments 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/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 - Disqualification from tender process and exclusion from future 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/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion 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 evidences, 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 exclusion and further accepts and undertakes not to challenge or question such exclusion 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/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 - Compensation for Damages: (1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier 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/Supplier 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 liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved. Section 5 - Previous Transgression: (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors: (1) The Bidder/Contractor/Supplier undertakes 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/Suppliers 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 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors: If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 - Independent External Monitors: (1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (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 Bidder/Contractor/Supplier. 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/Contractor/Supplier 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) 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 Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration: This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.


Section 10 - Other provisions: (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier 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 remainder 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 Bidder/Contractor/ Supplier Place ……………… Witness 1 : ……………… (Signature/Name/Address) Date ………………. Witness 2 : ……………… (Signature/Name/Address)


General Instructions to Price Bid.

1. All conditions laid down in tender documents and agreement and all other documents as Part of this tender will apply.

2. There are two sheet of PRICE BID one for ISO Containerised trucks, and other for Open Full Body Trucks and Tenderers should quote for both type.

3. Tenderers should quote for all receiving location in the tender and should offer full capacity of placement of trucks based on call up from despatching plant.

4. Loading of lubes, greases and lube inputs in various pack sizes like barrels. Pails,

cartons, bags and containers etc. will be based on RLW of the vehicles and the space of each containerised /Open full body truck . The weight of the loaded vehicle not to exceed the GVW registered in the RC book.


TENDER NO. BPCL/TPT/NR/PRMRY/PACKED//LONI 2011-2013 PRICE BID – 2 PAGES

For ISO Containerised Type Trucks

Note : Pl detach all the pages of this price bid, fill rates for the locations you are interested in along with other details, sign and stamp each page and put them in the envelope marked for “Price Bid”. The “Price Bid” envelope must be sealed properly. Rate Schedule for Road Transportation of Packed lubricants ex Loni Lube plant, Ghaziabad,

Sr. No.




One way transportation Rate in Rs. MT (in figures)*

One way transportation Rate in Rs. MT for Full Containerized trucks (in words)*

1 1100 Mathura Installation UP 193 4350 2 1122 Jaipur COD Rajasthan 292 100 3 1130 SRINAGAR COD Jammu & Kashmir 900 1250 4 1138 Jalandhar TOP Punjab 382 3850 5 1140 REWARI TOP Haryana 182 6800 6 1144 MUGHALSARAI TOP UP 738 100 7 1145 SANGRUR TOP Punjab 264 2550 8 1157 Fazalganj Depot UP 396 4300 9 1160 Roorkee COD Uttaranchal 205 1000

10 5103 Chandigarh COD Chandigarh UT 270 2650 11 5105 Udaipur Lubes C & F Rajasthan 680 100 12 5118 DELHI LUBES C&F Delhi 35 5400 13 5119 GORAKHPUR C&F UP 744 100 14 5120 SALAWAS C&F Rajasthan 633 100 15 5121 PANIPAT COD Haryana 125 3000 16 5123 Jammu C&F Jammu & Kashmir 600 950

36600 Date: Signature of the Tenderer___________________ Name of Tenderer signing___________________ Tenderer's Name and address with seal___________________


TENDER NO. BPCL/TPT/NR/PRMRY/PACKED//LONI 2011-2013 PRICE BID – 2 PAGES

For Open Full Body Type Trucks Note : Pl detach all the pages of this price bid, fill rates for the locations you are interested in along with other details, sign and stamp each page and put them in the envelope marked for “Price Bid”. The “Price Bid” envelope must be sealed properly. Rate Schedule for Road Transportation of Packed lubricants ex Loni Lube plant, Ghaziabad,

Sr. No.




One way transportation Rate in Rs. MT (in figures)*

One way transportation Rate in Rs. MT for Full Body trucks (in words)*

1 1100 Mathura Installation UP 193 4350 2 1122 Jaipur COD Rajasthan 292 100 3 1130 SRINAGAR COD Jammu & Kashmir 900 1250 4 1138 Jalandhar TOP Punjab 382 3850 5 1140 REWARI TOP Haryana 182 6800 6 1144 MUGHALSARAI TOP UP 738 100 7 1145 SANGRUR TOP Punjab 264 2550 8 1157 Fazalganj Depot UP 396 4300 9 1160 Roorkee COD Uttaranchal 205 1000

10 5103 Chandigarh COD Chandigarh UT 270 2650 11 5105 Udaipur Lubes C & F Rajasthan 680 100 12 5118 DELHI LUBES C&F Delhi 35 5400 13 5119 GORAKHPUR C&F UP 744 100 14 5120 SALAWAS C&F Rajasthan 633 100 15 5121 PANIPAT COD Haryana 125 3000 16 5123 Jammu C&F Jammu & Kashmir 600 950

36600 Date: Signature of the Tenderer___________________ Name of Tenderer signing___________________ Tenderer's Name and address with seal___________________ NB: OPEN BODY trucks shall be called ONLY UNDER EXIGENCIES

*** END OF TENDER DOCUMENT ***