bharat petroleum corporation limited · 2014-02-14 · obtaining such digital signature certificate...

Tender No: BPCL/I&C/NR/01/PACKED BITUMEN TRANSPORTATION/2014

BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), DELHI

PLOT NO A-5&6, UDYOG MARG, SECTOR 1, NOIDA, UP - 201301

TEL NO: 0120-2474146; 2474369. FAX NO. 0120-2474380

NOTICE INVITING e- TENDER FOR TRANSPORTATION OF PACKED

BITUMEN E-TENDER NO: BPC/I&C/NR/01/PACKED-BITUMEN/2014

E-Tender No. BPC/I&C/NR/01/PACKED-BITUMEN/2014

Tender Name: E-Tender for Road Transportation of Packed Bitumen ex-

BPCL’s Depots/Plants at Panipat (Haryana), Shyampur (Uttarakhand) and Salawas (Rjasthan) for deliveries to

BPCL’s Various Depot/Customer locations situated in Northern States including J&K.

Published on:

14.02.2014 (Dainik Jagaran and The Times Of India, Delhi

/NCR

Pre-Bid Meet Eligible Transport tenderers are invited to a pre-bid meeting on 24.02.2014 at 11 am at the Tender Room, TM (I&C) Delhi, BPCL’s Regional Office at Sector 1, Udyog Marg, NOIDA UP 201301… for demonstration on e-bidding, process and clarifications on tender conditions.

E-Procurement System No. 13973

Last Date for Submission of Tender: 10.03.2014 up to 14:30 Hrs IST at the address given

above.

Tender Opening on: 10.03.2014 at 15:00 Hrs at the address given above.

Period of Contract: Effective from 01.06.2014 AND OR date of LOI for a period of 2 years from the date of award of contract + Option for extension for 1 year on same terms & conditions at sole discretion of BPCL.

Tender Fee

Rs.5,000/- (Rupees Five Thousand Only) Payable by DD in favour of BPCL NOIDA

Earnest Money Deposit Rs.1,00,000/- (Rupees One Lakh Only) Payable by DD in favour of BPCL NOIDA (EMD)


BHARAT PETROLEUM CORPORATION LIMITED

NOTICE INVITING e-TENDER FOR TRANSPORTATION OF PACKED

BITUMEN EX –BPCL PLANT PANIPAT/SHYAMPUR/SALAWAS

TENDER NO. BPC/I&C/NR/01/PACKED-BITUMEN/2014 (Published on: 14.02.2014)

E-Tender are invited from eligible tenderers for Road Transportation of Packed Bitumen

ex BPCL’s Plants at Panipat in Haryana state, Shyampur in Uttarakhand State and

Salwas in Rajasthan State for deliveries to BPCL’s customer locations situated at

various locations in Northern Region including the state of J&K,

1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender.

2. Please visit our website https://bpcl.eproc.in, where the detailed process for submission of e-tender has been provided, and for participating in the tender and submitting bids online. For viewing / downloading the tender document, please also visit our website http://www.bharatpetroleum.in/tender/tender.asp. A pre-bid meeting shall be arranged for all prospective bidders to explain the e-tender process (with demonstration) and to answer / clarify queries, if any.

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

a). Credential / Technical Bid (Un-priced) b). Price Bid

4. Additionally, it is mandatory for the tenderers to submit the following documents in

physical form to the Territory Manager (I&C), Delhi in a sealed envelope at the address given above.

Sr. No. Particulars

Attachment No.

1 Tenderer’s Covering Letter as per format Attachment-3

2 Irrevocable Powers of Attorney as per format Attachment-4

3 Affidavit for Attached Trucks on Rs. 100/- Stamp Paper as per format Attachment-5

4 Details of relationship with BPCL Directors as per format Attachment-6

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

6 Undertaking as per format Attachment-8

7 Declaration by Tenderer as per format Attachment-9

8 Attested copy of the last 3 yrs Income Tax Return filed and the copy of PAN Card.

9 Attested copy of previous 3 yrs audited annual report i.e. 2010-11/2011-12/2012-13.

10 Attested copies of Trading License or Company Registration Certificate.

11 Attested copies of Partnership Deed or Certificate of Incorporation.

12 Attested copies of R C Book, Fitness Certificate, Route Permit and Insurance Certificate of all trucks offered.

13 Tender Fee in the form of Demand Draft for Rs.5,000/- as per tender Para 2.1(3).

14 EMD of Rs. 1, 00,000/- by way of Demand Draft as per tender Para 2.3.


5. The submission of online bid as well as submission of above physical documents

shall be up to 14:30 Hrs on 10.03.2014. 6. Bids submitted after the due date and time of closing of tender (i.e. after 14:30 Hrs

on 10.03.2014) and / or not submitted in the prescribed format shall 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 the tenderers who

qualify 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.

Tenderer should offer their bids for all the items in the e-bid, failing which their

commercial offer is liable to be rejected. 9. The online portion of the tender shall have to be submitted through the e-

procurement system on https://bpcl.eproc.in. 10. The tender document with detailed terms and conditions is also available on our

website http://www.bharatpetroleum.in/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 Signature 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. 2232444300/65281885/65281886 for obtaining their Digital Signature Certificate. Also at BPCL Regional office Noida 9818820646 (Mr. Ashish Goel) from C1 India can also be contacted on mail [email protected]. 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 (e-bid) 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, they 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. Tenderers submitting / uploading the on-line tender documents thru’ digitally signed certificates shall be construed as their complete agreement with the terms & conditions and that they have fully understood the tender documents.

mailto:[email protected]


e. Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed. f. 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. g. The participating vendors will have to download signed (By Territory Manager (INDL) Delhi) IP pact document, physically sign and upload along with technical bid. Proforma of Integrity Pact shall be returned by the Bidders/s along with the bid documents (technical bid in

case of 2 part bids), duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder’s failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact.

Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor as per details hereunder.

Name Address Contact No

Shri. Brahm Dutt

No.82, Shakti Bhavan Race Course Road,Bangalore-560 001

080-22256568/ 09731316063 – (Mob)

13. In case of any clarification pertaining to e-procurement (e-bidding) process, the

vendor may contact our e-procurement service provider M/s.C1 India Pvt Ltd., at BPCL Regional

office Noida 9818820646 (Mr. Ashish Goel) , can also be contacted on mail

[email protected]. At Mumbai ,M/s. C1 India Pvt Ltd., Mumbai (Helpdesk No. 022-

66865600) or Mr. Nitin Salvi (Mob.: 9322533730) or Ms. Deeksha More (Mob.:

9987719622). 14. Please note that Corrigendum / Addendum to this tender, if any, shall be published

only on our websites http://www.bharatpetroleum.in/tender/tender.asp and

http://bpcl.eproc.in 15. BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole

discretion and without assigning any reason whatsoever at any time during the tender

process.

Yours faithfully, For BHARAT PETROLEUM CORPN. LTD., TERRITORY MANAGER (I&C), DELHI

mailto:[email protected]


TENDER NO. BPC/I&C/NR/01/PKD-BITUMEN/2014

1.0 Bharat Petroleum Corporation Limited (BPCL), a Public Sector enterprise in

India, is engaged in the business of refining and marketing of petroleum products. This

transportation tender seeks to move Packed Bitumen from its Plants at Panipat in

Haryana state, Shyampur in Uttarakhand State and Salwas in Rajasthan State for

deliveries to BPCL’s customer locations situated at various locations in Northern Region

including the state of J&K, to meet market demand.

E-bids are invited from eligible tenderers for Road Transportation of Packed Bitumen ex

BPCL’s Plants at Panipat in Haryana state, Shyampur in Uttarakhand State and Salwas

in Rajasthan State for deliveries to BPCL’s customer locations situated at various places

in Northern Region States including the state of J&K, also refer detailed location/rev

dist/state wise current ship to party and annual volumes given in Schedule A

2.0 TENDER NO. BPC/I&C/NR/01/PKD-BITUMEN/2014

Bharat Petroleum Corporation Limited (BPCL), a public sector enterprise, invite Bids

through e-tender under Two-Bid System for Road Transportation of Packed Bitumen

ex BPC’s Plants at Panipat in Haryana state, Shyampur in Uttarakhand State and


various locations in Northern Region including the state of J&K for a period of 2 (two)

years, with option for extension up to 1 (One) more year at the sole discretion of BPCL

and will be effective from the date of award of contract.

2.1 TENDER DOCUMENTS: 1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature 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. In case any tenderer so desires, he/she

may contact our e-procurement service provider M/s. C1 India Pvt Ltd., Mumbai

(Helpdesk No. 022-66865600) for obtaining Digital Signature Certificate.

2) The tenderers having valid Digital Signature Certificate and Login ID can download

the tender from the website (https://bpcl.eproc.in). The downloaded tender document

once read carefully have to be uploaded by the tenderer under their Login ID duly

certified with Digital Signature Certificate in token of acceptance. Once uploaded,

the tender document alongwith all tender terms and conditions there-in shall be deemed

to be understood; agreed and accepted by the tenderer.

3) Tenderer shall pay Rs. 5,000/- (Rupees Five Thousand Only) as Tender Fee by Demand Draft (Non-refundable) drawn on any Scheduled Bank payable at NOIDA U.P. in favour of M/s 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. E N


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 RATE SCHEDULE / ESTIMATED QUANTITY/ DISTANCES & RE-LOCATION: 1. Lowest/competitive rates for transportation of Packed Bitumen ex BPC’s Plants at

Panipat in Haryana state, Shyampur in Uttarakhand State and Salwas in Rajasthan

State, should be offered in Rs. / MT/ KM as per commercial bid format ref. Annexure

…. The Rates in the Price-Bid is to be quoted only “on-line” & no physical document

should be submitted. 2. The estimated quantity of Packed Bitumen to be transported and the estimated

volumes and number/capacity of Open Body Trucks required is given in the Schedule -

A enclosed. The schedule, however, gives only indicative quantity and may undergo a

change depending upon business requirement. 3. The rates quoted should be inclusive of existing transit / Toll / bridge / behti / toll-tax

etc. but exclusive of Entry Tax at J&K State Border which is currently ruling as per

State Govt. notification at Rs. 670 / MT of product loaded in the trucks. This shall be

reimbursed only against submission of original receipt to the Chandigarh Territory Office.

However, BPCL shall reimburse any new or revision in existing entry tax. / transit /

bridge / behti/ toll-tax levied after the commencement of contract and incurred by Carrier

for their trucks while transporting Packed Bitumen upon submission of original receipt.

4. The distances in KMs (One Way Basis) to BPC customer locations as stated in the Schedule shall only be considered for payment of transportation charges for these locations on ONE WAY BASIS. In case of re-location of existing and OR additional locations of present as well as new customer, actual distance in KMs shall be established by BPC and same shall be final and applicable for payment of transportation charges. In case of change in distance of any location due to diversions, realignment of roads, etc., the same shall be revised upon verification by BPCL and the revised KM shall be applicable for freight payments. 2.3 EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per tender by

Demand Draft drawn on any Scheduled Bank in favour of BHARAT PETROLEUM

CORPORATION LTD., payable at NOIDA UP. 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. Bids received without EMD shall be rejected. 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 (Un-priced) b. Price Bid

3) Additionally, it is also mandatory for the tenderer to submit the documents in

physical form as mentioned under Para 5.2 below, to the Territory Manager (I&C)

Delhi at the address given above. The envelope containing these documents

should be sealed with adhesive and super-scribed with the Tender No……..”. 4) The closing time & date for submission of online bids as well as submission of

documents in physical form is 14:30 Hrs on 10.03.2014. 2.5 MINIMUM QUALIFICATION CRITERIA: 1) The tenderer must offer minimum 2 (Two) trucks, of minimum 9MT capacity, which

must be owned by them and registered in their own name (i.e. Firm or Partner or

Proprietor or Director). The age of the offered tank-trucks should not exceed 08 years

(or as specified by the MV Act / Rules in force) as on the date of opening of tender.

2) The tenderer must have a minimum turnover of Rs.50 Lakhs (Rupees Fifty Lakhs) per

annum during any of the previous 3 financial years.

3) The tenderers who are disqualified on account of suppression of facts, false

representation / submission of false document, and those who’s Security Deposit/BG

has been revoked in the previous BPCL tenders/contracts, NEED NOT apply. 2.6 SIGNING OF AGREEMENT / INTEGRITY PACT: Each successful tenderer shall have to sign an Agreement and Integrity Pact as per draft

attached as Annexure-1 and Annexure-2 respectively of the tender document. The

period of agreement with successful tenderer shall be 2 (two) years effective from the

date of LOI 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 shall, however, be subject to

the right of BPCL to terminate it prematurely as per Clause-15 of the Agreement. 2.7 LOCAL OFFICE & CONTACT DETAILS / e-MAIL IDs: All tenderers shall be required to have a Contact Office at loading location for convenience of day-to-day operations. If any tenderer does not have a local office, they shall provide a local office within fifteen (15) days of the date of award of Contract and the address of the same should be submitted by the tenderer to BPCL before the contract agreement is signed. All tenderers shall also provide their valid e-mail IDs for ease of communication in addition to their office address, contact numbers (phone; mobile, fax etc.). Any change in the address shall be promptly communicated to BPCL by the bidder. Generally, the regular / routine and day-to-day operational communications shall be made on the e-mail IDs provided by the bidders. 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 fulfil 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 documents

submitted in e-bidding & documents submitted in physical form) is as specified in NIT,

which is 10.03.2014 at 15:00 Hrs at the following address: Bharat Petroleum Corpn Ltd., TERRITORY MANAGER (I&C), DELHI PLOT NO A-5&6, UDYOG MARG, SECTOR 1, NOIDA, UP - 201301 TEL NO: 0120-2474146; 2474369. FAX NO. 0120-2474380 2) On-line credential / technical bids of only those tenderers shall be opened who have

submitted physical documents as mentioned in Para 5.2 below. If any tenderer fails to

submit the physical documents and / or submits incomplete documents, their on-line

bids shall not be opened and the bid shall be considered as rejected. 3) Tenders received late for whatever reasons / without Tender Fee, EMD / submitted at

the wrong address / in open or stapled condition / incomplete in any other respect will

not be considered. 4) Tenderer or his/her authorised representative (duly authorised in writing by the

Tenderer) may witness the opening of tender on the scheduled date and time. 5) The tenderer can also witness the tender opening through e-procurement (e-bid)

system on https://bpcl.eproc.in. IMPORTANT: a. It is mandatory that, before closure of the tender at 14:30 Hrs on 10.03.2014, 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 before the closing

date and no physical documents shall be submitted. 2.10 OPENING OF PRICE BID: 1) Price Bid (to be submitted online before closing date) 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, the eligible tenderers shall be notified

regarding date, time and venue for the opening of price bids.

3) Tenderers have to offer their competitive bids for all the tendered items, failing which

their bids will be rejected and disqualified. 4) The price bid will be opened only through the e-procurement system on

https://bpcl.eproc.in. 5) 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 WORK: 3.1 NAME OF TRANSPORTION WORK; LOCATION & PERIOD OF CONTRACT:

1) E-bids are invited from eligible tenderers for Road Transportation of Packed Bitumen

ex BPCL’s Plants at Panipat in Haryana state, Shyampur in Uttarakhand State and


various locations in Northern Region including the state of J&K. Detailed list of customer

locations/rev districts/state, is provided in Schedule A, which is only indicative and may

undergo change depending up on market conditions. 2) The period of contract shall initially be for a period of 2 (two) years and shall be

extendable for further period of 1 (one) year at Corporation’s sole discretion at the same

rates, terms & conditions. 3) If any new customer / existing customer location is enrolled by BPC during the tenure

of this contract, the transportation rates in terms of Rs./MT/KM as offered and finalized

shall be applicable. 3.2 PARTICIPATION: (i) Tenderers are requested to view / download the tender document from the website

www.bharatpetroleum.in/tender/tender.asp and go through the same carefully. The

eligible tenderers meeting the criteria such as minimum number of tank-trucks; minimum

turnover of Rs. 50.0 lakhs per annum during any of the last three financial years etc.

may participate. ii) If it is found that the tenderer has applied although he/she 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 GUIDELINES - 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 subsidiary Companies such as NRL, BORL 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) The tenderer must offer minimum number of 2 (Two) trucks of minimum 9MT capacity

each, which should be owned by the tenderer (i.e. in firm / Partner / Director/ Proprietor’s

name). For the attached Lorries offered / quoted, the tenderer must submit the Affidavit

from the owners of the lorry in the standard format. 3) Wherever rates are quoted 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. 4) In case it is observed that all the tenderers or a group of tenderers have quoted in

cartel, BPCL reserves the right to reject some or all the bids of the tenderers who have

quoted in cartel, without assigning any other reasons for the same. 5) Rates quoted would be valid and binding on the tenderer for 240 days from the date

of opening 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, subject to escalation/de-escalation clause. 6) BPCL reserves the right, at their sole discretion, and without assigning any reason

whatsoever, to: a. Negotiate with any or all tenderer/s 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 engage additional Transporter/s trucks at any time without giving any notice whatsoever to the Transporter/s already appointed against this Tender. 7) 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. 8) Tenders not meeting the tender terms & conditions or incomplete in any respect or

with any additions/ deletions or modifications are liable to be summarily rejected without


any further communication to the tenderers and decision of BPCL in this respect will be

final and binding. 9) The age of the trucks offered and taken in the contract shall not exceed 08 (eight)

years as on date of opening of tender. In case the trucks offered by the tenderer attains

the age of 08 (eight) years during the tenure of the contract, the tenderer must replace

such trucks within 15 days of such occurrence. 10) The estimated quantity to be delivered given in tender document is indicative and is

subject to change. 11) BPCL reserves the right to induct additional trucks, if required, from the existing

tenderers at the finalised rates, for any or all the destinations to meet additional demand

for Packed Bitumen during the tender period.

12) Tenderer must 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 shall be a ground for rejection of tender. 13) Tenderer/his or her authorised representative may witness the opening of tender on

the scheduled date and time. 14) The trucks quoted in the tender should have all valid documents such as registration

certificates, fitness certificate, Insurance & Road Permit etc. and should meet all

statutory requirements. The loading of the Lorries shall be done based on the RLW as

endorsed on the RC book. 4.2 EVALUATION / RANKING 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 shall be evaluated on the

following minimum qualification criteria besides meeting other tender guidelines: a) The tenderer should offer / quote minimum 2 (Two) trucks of 9 MT or higher capacity,

which must be registered in the tenderer’s own name (i.e. Firm or Partner or Proprietor

or Director), and should be available to BPCL for the transportation of Packed Bitumen

ex- BPCL’s Plants at Panipat/Shyampur/Salawas.. b) The minimum turnover of the tenderer, either proprietary or firm, should be Rs 50

lakhs per annum during any of the previous 3 financial years. 2) Price bids of only technically qualified tenderers, based on technical evaluation, will

be opened on a notified date, which shall be communicated only to technically qualified

tenderers. 3) BPCL reserves the right to reject the tender application of a tenderer, based on

BPCL’s experience with them on their past performance. 4) (i) Plant Location wise (Panipat /Shyampur /Salawas), rates and overall outflow, on

the quoted rates in the price bid shall be considered in ascending order for finalizing the


ranks i.e. lowest quoted rate by technically qualified tenderer will be treated as L-1 rate. (ii) It is mandatory for the technically qualified Bidders to quote for Transportation rates

ex- all BPCL Plant Locations tendered for i.e. Panipat/Shyampur/Salawas, failure to do

so shall result in rejection of the entire Bid. (iii) The corporation may decide, at its sole discretion to distribute the quantities amongst

the technically and commercially acceptable tenderers. In such situations the following

distribution pattern will be adhered to: “The Plant location-wise quantity / job, if decided

for distribution, the same will be distributed among 2 tenderers and the percentage

allocation among them would be L1: 80 %, L2: 20%, ” 5) 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.

6) 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) Tenderers should submit an EMD of Rs.1,00,000/- (Rupees One Lakh only) by

Demand Draft drawn on any Scheduled Bank in favour of “M/s Bharat Petroleum

Corporation Limited”, payable at NOIDA, U.P. in a separate envelope marked “EMD -

Tender No.: BPC/I&C/NR/01/PKD-BITUMEN/2014” along with the physical documents

as stated in Para 5.2 below. Tender documents received without EMD shall be rejected. 2) 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. 3) No interest shall be payable on EMD. 4) 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. 5) EMD shall be refunded only after finalization of the tender. 4.4 NEGOTIATIONS: 1) The Corporation reserves the right to negotiate with any or all the tenderers. In such

an event, BPCL shall invite the tenderers for negotiations solely at tenderers cost. 2) 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 and the documentation to

substantiate statements made in the tender document are to be produced for verification

by the Tenderer 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 Security Deposit within 7 (Seven)

days of issuance of LOI/ Work Order. 2) The security deposit shall be Rs. 20, 00,000/- (Rupees Twenty Lakhs only). Minimum

of Rs. 2,00,000/- shall be paid in the form of Demand Draft drawn on any Scheduled

Bank in favour of Bharat Petroleum Corporation Ltd. payable at NOIDA U.P. and balance

amount may be deposited in the form of Bank Guarantee strictly in the specified

Proforma, valid for a period of 6 (six) months beyond the tenure of contract.

3) 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. 4) Interest is not payable on SD. 5) 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. 6) 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. 7) 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 shall be awarded for 2 (two) years

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 / INTEGRITY PACT: 1) Successful tenderer/s will be required, before undertaking the contract, to execute the

Contract Agreement (please refer Annexure-1) and Integrity-Pact document (please

refer Annexure-2) 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 attached with tender documents / downloaded from our website before submitting

their tender. 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 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 tank-lorries 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 Limited

Company or Public Limited Company 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) A copy of Caste certificate for each individual member of a Partnership/ Public/

Private/ Cooperative Firm should be submitted along with tender as proof and for BPCL

record purpose. 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 trucks offered/quoted 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

trucks offered / quoted against the particular LOI/ Work Order must also belong to SC.


4.9 MISCELLANEOUS: 1) The tenderer shall ensure that all the trucks quoted / offered for the purpose of Packed

Bitumen transportation shall preferably be covered under valid National Permit/ State

Permits as applicable for all the supplying location i.e. Panipat/Shyampur/Salawas and

customer locations i.e. destinations across Northern States at their own cost. 2) Although the qualifying criteria stipulates minimum 2 (Two) owned trucks to be offered in

contract, the tenderers are free to offer additional owned or attached trucks in the contract

and provide the details in the attachment 2 accordingly. 3) All trucks provided / supplied by the tenderers for transportation of Packed Bitumen under

this contract shall be required meet the axle load restrictions. 4) The trucks offered in the contract must comply at all times during the tenure of the

contract with valid permits, rules and regulations of Statutory/ Government authorities.

5) BPCL shall have the right to assign the trucks offered in any one tender to any contract on any route, temporarily or permanently, and the decision of the Company shall be final and binding on the successful tenderers. 6) No unsolicited correspondence/ queries will be entertained while the award of the transport contract is under review/ consideration. BPCL regrets their inability to answer individual Queries. 7) 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. 8) Neither the tenderer nor the trucks offered should have been blacklisted by any of the Public Sector Oil Companies. 9) 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 10) On frequent shortage complaints, the Company is free to take action including suspension of the contract for any period or termination of the contract as may be deemed fit. 11) 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. 12) Online submission of tender document is a confirmation that the tenderers have fully read and understood the terms and conditions of this tender and have accepted the same in entirety.

13) 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.


14) BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the tender process. 15) 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. 16) In the event of discrepancy in tender conditions as stated in this tender document and the on-line forms, the version of this tender document shall hold good. 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. Page 15


5.0 GUIDELINES FOR TENDERERS 5.1 GENERAL: 1) This tender is for Road Transportation of Packed Bitumen ex BPC’s Plants at Panipat in

Haryana state, Shyampur in Uttarakhand State and Salwas in Rajasthan State for

deliveries to BPCL’s customer locations situated at various locations in Northern Region

including the state of J&K. 2) Tenderers shall log on to the e-procurement website https://bpcl.eproc.in and register

themselves. 3) 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. 4) 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. 5) For any further clarification, please contact Territory Manager (I&C), Delhi at the

address given above. For tender condition clarification and e-bidding process, a pre-Bid meeting shall be

conducted on 24.02.2014 at 11:00 am at the Tender Room, BPCL NOIDA Regional

office, at Territory Manager (INDL) Delhi, Plot No A-5& A-6, Sector 1, NOIDA U.P.

201301 All eligible tenderers are invited to attend the Pre Bid Meeting. 6) Copies of Registration Certificate, route permits, certificate of Fitness, Insurance

Certificate etc., enclosed along with Tender Form must be self-attested by the proprietor or

director/partner of the firm. The original of these documents shall have to be produced for

verification before the award of contract. 7) This tender is in 2-bid system, comprising of Technical Bid and Price Bid. 8) The tender document shall be obtained / applied by the party in its own name as the

tender document is not transferable. 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. 10) Counter terms and conditions from the tenderer shall not be accepted. Bids with such

counter terms & conditions shall be rejected. 11) All documents submitted in physical form should be initialled on each page and signed

with seal on the last page. Also, all corrections should be initialled. Overwriting on any

tender document shall not be accepted. 10) Tender terms and conditions mentioned in the tender should be carefully studied. The


online submission of tender by the tenderer under their Login ID is considered as a token

of acceptance of the terms and conditions therein. Tenderer should retain a copy of tender

document submitted online for his/her reference / record purpose.

5.2 TECHNICAL BID:

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

physical form are as under:

P C / I & C / W

Sr. no. Particulars

Submission Online Only

Submission of Physical Document

1

Tender Document along with Annexure 1 to 5 under tenderer Login ID through e-procurement system on https://bpcl.eproc.in

2 Particulars of Tenderer as per Attachment-1

3 Particulars of Trucks offered as per Attachment-2

4 Tenderer’s Covering Letter as per Attachment-3

5 General Irrevocable Power of Attorney as per Attachment-4

6 Affidavit for Attached trucks on Rs. 100/- Stamp Paper as per Attachment-5

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

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

9 Undertaking as per format in Attachment-8

10 Declaration by Tenderer as per Attachment-9

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

12 Attested copy of previous 3 years audited annual report i.e. 2010-11, 2011-12 & 2012-13.

13 Attested copies of Trading license or Firm’s Registration Certificate.

14 Attested copies of Partnership Deed or Certificate of Incorporation

15 Attested copies of RC Book, Fitness Certificate, road-Permit & Insurance Certificate of all trucks offered.

16 Tender Fee by DD of Rs. 5000/- as per tender Para 2.1(3)

17 EMD by DD of Rs. 1,00,000/- as per tender Para 2.3

R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 17

https://bpcl.eproc.in/


5.3 PRICE BID: 1) Tenderer shall submit price bids online only by e-bidding through e-procurement

system on https://bpcl.eproc.in under their login ID only. 2) Online Price Bid should be quoted for the ex-Locations i.e ex-Panipat / Shyampur and

Salawas as given below. The minimum rates (floor price) and the maximum rates

(ceiling price) for each destination ex-Supply Locations Plant are given on the e-proc

site, and are same as under.

3) Rates in Rs./MT/KM (One Way Basis) is required to be offered for each line items of

the price bid on Line in eproc site both in figures and word.

Commercial BID Format - for Packed Bitumen Transportation ex-Plants PANIPAT/SHYAMPUR/SALAWAS

Item no

ex- Plant Name Description

Terrain Type

Qty in MT per Annum

Approx. KM Run (One Way) per Annum

Delivery by 15/9MT

Truck Type

Rate (in fig) for deliveries in Rs/MT/KM

Rate (in Words) for deliveries in Rs/MT/KM

1 Panipat For deliveries in Plain areas by 15MT Truck Plain 1730 4108 15 MT

2 Panipat For deliveries in Plain areas by 9MT Truck Plain 4690 21472 9 MT

3 Panipat For deliveries in Hilly -1 type areas by 15MT Truck Hilly -1 1900 2909 15 MT

4 Panipat For deliveries in Hilly -2 type areas by 9MT Truck Hilly -2 500 1610 9 MT

5 Panipat For deliveries in Hilly -3 type areas by up to 9MT Truck Hilly -3 2290 8757 Up to 9 MT

6 Shyampur For deliveries in Plain areas by 15MT Truck Plain 245 475 15 MT

7 Shyampur For deliveries in Plain areas by 9MT Truck Plain 960 1257 9 MT

8 Shyampur For deliveries in Hilly -1 type areas by 15MT Truck Hilly -1 520 1046 15 MT

9 Shyampur For deliveries in Hilly -2 type areas by 9MT Truck Hilly -2 140 1276 9 MT

10 Salawas For deliveries in Plain areas by 15MT Truck Plain 300 782 15 MT

NOTE: The volume of business mentioned here above are only indicative and BPCL do not guarantee any minimum/maximum business volume/ Annum.

For detailed location wise data on volumes and distances please refer sales projection data sheet schedule A

Plain Areas - is defined as terrian covered in plain areas where full truck load as per cap. 15 MT is allowed and no ghat climbing is involved

Hilly - 1 Type Region - is defined as, where 15 MT truck is allowed to carry full load in the ghat section of the delivery terrain.

Hilly - 2 Type Region - is defined as , where 9MT truck load is allowed with part load material in the ghat section of the delivery terrain.

Hilly - 3 Type Region - is defined as ,area like Leh/Kargil and beyond Rohtang pass in HP i.e. ghat section of the terrain which are difficult to reach.

The Hilly -1/2/3 type rates will be considered based on destination location of ship to party falling in respective hilly type region. However for plain portion of the terrain plain terrain rate shall be applicable. For any new location coming up during contract period BPCL will decide Hill 1/2/3

For Any clarification on commercial bid format parties are requested to contact BPCL regional office at NOIDA.

3) Only Blank Copy of this Price Bid Format i.e. this clause 5.3, should be signed

stamped and submitted AS A TOKEN OF ACCEPTANCE along with Technical

offers. In case Tenderers submit filled format with rates etc. their tender offer shall

be summarily rejected,


4) Tenderers should quote rates for all the items /Plant Locations listed above while

submitting on-line bids on e-proc site. 5) No responsibility will be taken by the Company for any delay due to connectivity and

availability of website.

6) The prices have to be quoted within the price-band of floor-price (min. price) &

ceiling-price (max. price) as stipulated in the on-line price bid. The system will not

accept any price < than the floor price or > than the ceiling price. 5.4 No guarantee shall be given by the Company to any definite quantity of work to be

entrusted to transporter. However, the quantities given in schedule are purely indicative

without any obligation on 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. Notes: 1. The estimated quantity given in the schedule are only indicative and are subject to

change depending upon business requirement / demand for product at these locations. 2. The product demand varies significantly due to seasonality factor and as such, the movement of product is expected to get affected during certain months. 3. The Company reserves the right to induct additional trucks, if so required, to meet business requirement for any or all locations. In case any new location / customers are added to the list during the tenure of contract, the actual distances to such locations shall be established by the Company and the same shall be applicable for payment of transport bills. ===================================================================


SCHEDULE: A

DISTANCES AND RESPECTIVE ANNUAL VOLUME IN MT APPLICABLE TO EXISTING CUSTOMER LOCATIONS EX- BPCL PLANTS AT PANIPAT/SHYAMPUT /SALAWAS IS GIVEN BELOW FOR REFERENCE.

Packed Bitumen Transportation - Details of BRO /Customer locations Expected Sales One Way Distance - Ex

PLANTS

Location

Location Terrain type, plain/Hill

Vehicle Carrying capacity in MT

Revenue Dist.

State Project Detail If BRO Unit

14-15

15-16

16-17

Plain KM (One Way)

Hill KM (One Way)

Total One Way Distance

Panipat Chandigarh Plain 15 Chandigarh Chandigarh Deepak 50 55 61 160 0 160

Panipat Pathankot Plain 15 Pathankot Punjab Sampark 50 55 61 380 0 380

Panipat Vijaypur Plain 15 Samba J&K Sampark 220 242 266 470 0 470

Panipat R.S.PURA Plain 15 Jammu J&K Sampark 50 55 61 500 0 500

Panipat Nagrota Plain 15 Jammu J&K Sampark 50 55 61 506 0 506

Panipat Jagati Plain 15 Jammu J&K Sampark 50 55 61 510 0 510

Panipat Dasgal Plain 15 Jammu J&K Sampark 110 121 133 515 0 515

Panipat Tanda Plain 15 Jammu J&K Sampark 1100 1210 1331 522 0 522

Panipat Gulabha Plain 15 Reasi J&K Sampark 50 55 61 545 0 545

Panipat Manali Hill 1 15 Kulu H.P. Deepak 50 55 61 225 245 470

Panipat Bhang Hill 1 15 Kulu H.P. Deepak 50 55 61 220 259 479

Panipat Dubling Hill 1 15 Kinnaur H.P. Deepak 50 55 61 185 374 559

Panipat Basoli Hill 1 15 Kathua J&K Sampark 50 55 61 387 40 427

Panipat Bhamla Hill 1 15 Reasi J&K Sampark 50 55 61 522 35 557

Panipat Domel Hill 1 15 Udhampur J&K Beacon 100 110 121 487 37 524

Panipat Bucha Mandi Hill 1 15 Udhampur J&K Beacon 100 110 121 487 60 547

Panipat Udhampur Hill 1 15 Udhampur J&K Beacon 100 110 121 487 70 557

Panipat Ramkot Hill 1 15 Udhampur J&K Beacon 100 110 121 487 88 575

Panipat Cowbagh Hill 1 15 Udhampur J&K Beacon 100 110 121 487 155 642

Panipat Gulabhgarh Hill 1 15 Ramban J&K Beacon 100 110 121 487 124 611

Panipat Batote Hill 1 15 Ramban J&K Beacon 100 110 121 487 127 614

Panipat Gund (Ramban) Hill 1 15 Ramban J&K Beacon 100 110 121 487 152 639

Panipat Jawahar Tunnel Hill 1 15 Ramban J&K Beacon 100 110 121 487 200 687

Panipat Lower Munda Hill 1 15 Ramban

J&K Beacon

150 165 182

487 214 701

Panipat Lower Munda Hill 1 15 Ramban J&K Beacon 400 440 484 487 214 701

Panipat Khanabal Hill 1 15 Khannabal J&K Beacon 100 110 121 487 250 737



PLANTS

Location



Revenue Dist.

State Project Detail If BRO Unit

14-15

15-16

16-17

Plain KM (One Way)

Hill KM (One Way)


Panipat Verinag Hill 1 15 Anantnag J&K Beacon 100 110 121 487 265 752

Panipat Kaurik Hill 2 9 Kinnaur H.P. Deepak 50 55 61 185 456 641

Panipat Chowki Chori Hill 2 9 Jammu J&K Beacon 50 55 61 522 21 543

Panipat Nanhal Hill 2 9 Rajouri J&K Sampark 50 55 61 522 84 606

Panipat Badhun Hill 2 9 Rajouri J&K Sampark 50 55 61 522 112 634

Panipat Bathuni Hill 2 9 Rajouri J&K Sampark 50 55 61 522 115 637

Panipat Rajouri Hill 2 9 Rajouri J&K Sampark 50 55 61 522 115 637

Panipat Budhil Hill 2 9 Rajouri J&K Sampark 50 55 61 522 167 689

Panipat Banwat Hill 2 9 Rajouri J&K Sampark 50 55 61 522 160 682

Panipat Mehdhar Hill 2 9 Rajouri J&K Sampark 50 55 61 522 180 702

Panipat Poonch Hill 2 9 Poonch J&K Sampark 50 55 61 522 200 722

Panipat Jespa Hill 3 up to 9

MT Lahul Spiti H.P. Deepak 50 55 61 220 394 614

Panipat Keiling Sarai

Hill 3 up to 9

MT Lahul Spiti H.P.

Deepak 40

44 48 220 462 682

Panipat Shakti Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 289 776

Panipat Upsi Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 296 783

Panipat Debring Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 320 807

Panipat Rumste Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 373 860

Panipat Pang Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 421 908

Panipat Leh Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 431 918

Panipat Ganglas Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 438 925

Panipat Khardung Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 499 986

Panipat Sarchu Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 506 993

Panipat Hunder Hill 3 up to 9

MT Leh J&K Himank 50 55 61 487 549 1036

Panipat Mulbek Hill 3 up to 9

MT Kargil J&K Vijayak 100 110 121 487 394 881

Panipat Drass Hill 3 up to 9


Panipat Kargil Hill 3 up to 9


Panipat Shankoo Hill 3 up to 9


Panipat Budhkhabhu Hill 3 up to 9


Panipat Khalsi Hill 3 up to 9


Panipat Nimmu Hill 3 up to 9




PLANTS

Location



Revenue Dist. State Project Detail If BRO Unit

14-15

15-16

16-17

Plain KM (One Way)

Hill KM (One Way)


Shyampur Rishikesh Plain 15 Rishikesh Uttrakhand Shivalik 15 17 18 32 0 32

Shyampur Tanakpur Plain 15 Champavat Uttrakhand Hirak 80 88 97 148 0 148

Shyampur Champavat Plain 15 Champavat Uttrakhand Hirak 150 165 182 295 0 295

Shyampur Byasi Hilly -1 15 tehriGarhwal Uttrakhand Shivalik 10 11 12 32 34 66

Shyampur Kalisaor Hilly -1 15 Rishikesh Uttrakhand Shivalik 90 99 109 32 124 156

Shyampur Chalti Hilly -1 15 Champavat Uttrakhand Hirak 100 110 121 148 37 185

Shyampur Chalti Hilly -1 15 Champavat Uttrakhand Hirak 100 110 121 148 37 185

Shyampur Uttarkashi Hilly -1 15 Uttarkashi Uttrakhand Shivalik 80 88 97 32 167 199

Shyampur Maneri Hilly -1 15 Uttarkashi Uttrakhand Shivalik 25 28 30 32 184 216

Shyampur Gurna Hilly -1 15 Pithoragarh Uttrakhand Hirak 50 55 61 148 137 285

Shyampur Pithoragarh Hilly -1 15 Pithoragarh Uttrakhand Hirak 15 17 18 148 151 299

Shyampur Kanalichina Hilly -1 15 Pithoragarh Uttrakhand Hirak 50 55 61 148 175 323

Shyampur birahi Hilly -2 9 Chamoli Uttrakhand Shivalik 30 33 36 32 213 245

Shyampur Bhairoghati Hilly -2 9 Uttarkashi Uttrakhand Shivalik 20 22 24 32 262 294

Shyampur tapovan Hilly -2 9 Rishikesh Uttrakhand Shivalik 50 55 61 32 275 307

Shyampur Dharchula Hilly -2 9 Pithoragarh Uttrakhand Hirak 20 22 24 148 242 390

Shyampur Munsiari Hilly -2 9 Pithoragarh Uttrakhand Hirak 20 22 24 148 284 432

Salawas Barmer Plain 15 Barmer Rajasthan Chetak 250 275 303 262 0 262

Salawas Hanumangarh Plain 15 Hanumangarh Rajasthan Chetak 50 55 61 520 0 520

/ I & C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 19


ANNEXURE-1

PACKED BITUMEN ROAD TRANSPORT AGREEMENT THIS AGREEMENT made on ______________day of________2014 between BHARAT PETROLEUM CORPN. LTD., a Company registered under Indian Companies Act,

1913/1956 having registered office at 4 & 6 Currimbhoy Road , Ballard Estate , Mumbai 400 001 hereinafter called `THE COMPANY' (which term unless repugnant to the context shall

include its successors and assigns) of the PART ONE and

M/s._______________________________________a Proprietorship /Partnership Firm /Private Limited /Limited Company having registered office/place of business at ___________________________hereinafter called “THE CARRIER” (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the Company is engaged in refining Crude oil and storing, distributing and

selling of the petroleum products and for this purpose require trucks for transportation of

packed bitumen from their various storage points to customers/other storage points in

consideration of the remuneration and on the terms and conditions hereinafter contained. WHEREAS the Carrier is engaged in the business of operating trucks and is interested in

the above transportation job of the Company. Now therefore, it is agreed between the parties as follows:-

1. TRUCKS OFFERED IN CONTRACT; AVAILABILITY (a) The Carrier as Owner of minimum 2 (Two) numbers of trucks (as per Schedule-1) shall provide the Company with sufficient specified number of trucks within 24 hours on demand

to transport and deliver the packages as directed by the Company from the Company’s

dispatching storage point to the Company’s receiving storage point/Company’s Customers from time to time. The Carrier is also required to produce a list of normal trucks either owned

by the Carrier or attached giving details of engine no. / Chassis no. with registration no. of each such vehicle. Carrier has certified that it is the owner and / or sufficiently entitled to

operate these trucks.


Page 20 (b) The Carrier shall ensure that the truck is made available within 48 hrs of placing the

indent failing which BPCL would be free to use the services of any other truck and recover the difference in transportation charges and additional expenses, if any, incurred by the

Company for engaging the other trucks from the Carrier. In case of consecutive failures to place Trucks against indents on 3(Three) occasions, BPCL shall be at liberty to terminate the

Contract without giving any notice and debar the Tenderer from participating in any future

tenders for 2 (two) years. (c) The Carrier shall ensure that in the event of break down or major repair of any of the

trucks, Company at its sole discretion may accept any other truck of the Carrier for the

period of breakdown/ major repair. 2. POSITIONING OF TRUCKS; RE-LOCATION (a) Each truck shall be attached to BPC’s Designated Plants i.e. Panipat/Shyampur/Salawas

the Company’s despatching points. The truck shall be required to carry packed Bitumen

drums from these despatching points to Company’s other storage points (Receiving location)

/ customers as shall be instructed by the Company from time to time. (b) In the event of re-location of any dispatch/customer location / plant of the Company

within 50 km. radius, the trucks attached to the old dispatch location shall get automatically

attached to the new relocated plant and rate and other terms applicable to the old Storage

Point shall apply to the new Storage Point and payment on Rs/MT/KM on the revised KM as

established by BPCL officials, shall be paid. (c) The Company shall be free to engage one or more additional Carriers, either to run

concurrently or separately, for transportation jobs from the same Dispatch Storage Points. 3. CONDITION OF TRUCKS; SAFETY; STATUTORY PROVISIONS The Carrier shall ensure at all times that: a) The trucks provided to the Company are maintained in sound mechanical conditions and

having all the fittings upto the standards laid down by the Company from time to time. b) The trucks provided meet requirements of the Company as regards safety and operational norms. The trucks provided by the Carrier shall have wooden floorings and no angle should be protruding from the side of the truck body. c) The trucks provided conform to the statutory regulations of Motor Vehicle Act and other new acts/ rules promulgated during the contract period. The trucks shall also be covered by valid registration certificate, road permits, etc. d). The Crew (Driver and Cleaner) shall possess all valid documents as required by Motor Vehicles Act and necessary clearance as stipulated by BPCL Locations at Panipat/Shyampur/Salawas. The tenderer must comply with the mandatory requirement of CID verification for all the Crew members. The crew should also be experienced to handle packed drums for efficient operations. e) The trucks possess the valid Comprehensive Insurance Policy. f) The trucks provided are free from defects of any kind and if any defect is found in the trucks by the Company’s representative, the same shall be rectified by the Carriers immediately in accordance with the directions of the Company. However, the Company reserves the right to reject a truck, if found, in unsatisfactory condition; trucks so rejected shall be treated as not supplied. g) Safety Helmets/ shoes are provided for crew members as specified by the Company.


4. TAXES; LEVIES & OTHER EXPENSES; INDEMNITY

(a) Carrier shall be responsible for all taxes, levies and other cost of running the

trucks/transportation business which shall also include- i) Salary, wages and other benefits and claims of Crew of trucks and all members of Carrier's staff including labour used for loading / unloading / stacking; ii) Payment of road tax, insurance and any other fees like permit, route fee etc. levied by statutory authorities. iii) Cost of fuel, lubricants, tyres, repair etc; iv) Compensation or any other benefit payable to truck Crew and it's other staff including labour used for loading / unloading / stacking or third party under any statute or regulation both under regular working and arising from accident etc.; v) Consequences arising out of their or their workmen’s or representatives’ defaults or negligence or violation or non-adherence to Municipal / State / Central acts relating to carriage of goods. (b) Carrier shall keep Company indemnified in respect of above. In case, Company is made liable to pay any part of above cost, the same shall be reimbursable by / recoverable from the Carrier. The Company shall not be obliged to contest any claim made upon it for payment. (c) It is agreed that the trucks covered by this Agreement shall operate at the sole risk of the Carrier. In no case, Company shall be held responsible for any loss or damage done to the truck while on the Company's work or parked in their premises. (d) Carrier shall make their own arrangement for parking of their vehicle overnight and /or during holidays. 5. TRANSPORTATION RATES / CHARGES; TRANSPORT PAYMENTS (a) The Company will pay to the Carrier, at the all inclusive rate, as detailed in Work Order /

LOI. This rate shall be valid for all roads and weather conditions and are calculated ex

despatching location. (b) The rates shall be subject to escalation / de-escalation as per formula given in Schedule- 2 of this agreement/ tender. (c)(i) Entry Tax charges at J&K Border presently at the rate of Rs. 670/MT, levied on the product including upward/donward revisions shall be reimbursed by the Company against production of original receipts, wherever applicable. (ii) The existing Toll/Transit/Bridge/Toll (Pathkar) taxes paid by the Carrier for their trucks while transporting products under this Contract shall not be reimbursed by the Company. However, any such new charges levied by the authorities after the date of this agreement shall be reimbursed subject to documentary evidence of the new / revised charges coming into effect from that date. However, the Company’s decision on whether any charge is reimbursable or not shall be binding on the Carrier. (d) The transport charges payable under this Agreement are based on shortest route approved by the Company one-way trip basis. Company would be entitled to revise these distances from time to time, including retrospectively, which would be binding on the Carrier. Difference in transportation charges arising out of this revision will be recoverable / payable from the date of Agreement or effective date of such revision, whichever is later. Freight charges shall be calculated on gross weight basis for bitumen drums , polyethylene packets / any other packages. (e) The procedure for payment of transport bills and reimbursement of octrai charges prevalent in the Company from time to time would be binding on the Carrier. (f) The Company has not guaranteed any minimum billings/mileage or loads for any period whatsoever. Hence, Company will not be responsible for their inability in offering any load on any day or during any particular period and no idle charges etc. would be payable.


The Company shall provide the carrier with transport work hereunder as and when considered necessary and shall not be bound to give or entrust all the transport work to the carrier. Nothing herein contained shall prevent the company from engaging any other carrier to carry our transportation work similar to the work entrusted to the carrier. The Company reserves the right to appoint two or more carriers as it deems necessary towards achievement of efficient, timely and effective supplies. (g) The Company shall endeavour to arrange unloading of the trucks at the earliest. However, detention charges @ Rs. 1000/- day at the unloading location shall be paid by the Company if the truck is not unloaded for more than 48 hrs. after the reporting. (h) The Carrier shall provide consignment notes for each consignment loaded on a daily basis to the loading location. (i) The Carrier shall provide transportation bill to the base location for the consignment carried during the month by 10th of the following month. 6. SECURITY DEPOSIT: (a) The Carrier shall deposit a sum of Rs. 2,00,000/- (Rupees Two Lakh only) by way of DD

drawn in the scheduled bank payable at Noida in favour of the Company as Security Deposit

and Bank Guarantee for Rs. 18,00,000 (Rupees Eighteen Lakhs Only) for a period of 3 ½

years which includes, inter alia, the full period of the contract including the option period and

additional six months for due fulfilment of terms of this Agreement. This sum shall not bear

any interest. (b) Company shall be entitled to adjust any sum due to it from the Security Deposit/Bank

Guarantee amount and/or any transport charges/dues pending for payment to the Carrier. 7. LOADING / UNLOADING OF TRUCKS; RE-LOCATION OF DESPATCH / RECEIPT

LOCATIONS: (a) The Carriers shall be responsible, amongst other things, for loading of packages from

any location in the Company’s dispatching storage point and unloading at destinations. The

Carriers will provide minimum of 3 loaders per truck or additional as required for effectively

carrying out loading / unloading job at their cost. All the instructions of the Company with

regard to the same would be binding on the Carrier. (b) The Carrier shall satisfy themselves as to the condition 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 conditions. (c) Special care must be exercised by the carriers while handling the packages for loading / unloading and stacking. It is essential that all the packages and barrels are handled in such a manner that no damage is caused to them even during transit. Throwing or dropping of packages and stacking of packages beyond limits specified by the Company are not permitted at any time. In the event of any damage to packages and / or loss of content due to improper handling of the packages of which the company will be the sole judge, the cost of packages damaged and / or product lost will be recovered from the carrier’s bills at destination retail selling price ruling on the date of such loss. (d) While loading the packages in the trucks, proper care is required to be taken as specified by the company so that friction between the packages does not occur while in transit. (e) The Carriers shall arrange to protect and cover the packages entrusted to them for transportation, with tarpaulins and / or any other appropriate protection whenever such protection is necessary against weather, etc. and will take all possible care to ensure safe delivery of package in good and marketable condition at the Company’s specified receiving storage points.


(f) Only the Crew of the truck and authorised representative of the Carrier shall be allowed entry inside the Company’s Storage Points. g) The Carriers, if called upon by the Company, undertakes to load the packages from more than one storage point or from the re-located dispatching point in the event of its re-location and deliver the same at the destination station at more than one location within 50, Kilometres radius of the specified destination city/ town and that in such eventuality, the freight payable shall be for the revised distance as determined by the Company. 8. QUALITY / QUANTITY OF PRODUCT: (a) The Carrier shall be responsible for quantity and quality of the products received by him

for transportation. Acknowledgement by any member of Crew of the truck or by any other

authorized person of the Carrier by way of signing on the Challan or any other Dispatch

Document would be sufficient proof of acceptance of product quantity and quality by the

Carrier. (b) The packages shall be deemed to be in the possession of the carriers from the time they commence handling the packages for the purpose of loading and transportation, upto the time the packages are safely unloaded and stacked. (c) If any shortage in quantity and /or variation in quality of product is found at any stage after truck leaves the Despatch Storage Point upto Receiving location, the Carrier would be responsible for the same irrespective of reason and Company would be entitled to following - (i) In case of shortage or loss of product due to whatever reason, recovery will be at Retail selling price at despatch location or receiving location , whichever is higher and transport charges for the shortage quantity ruling on the date of such loss. (ii) in case of variation in quality, the Company at its' discretion may dispose-off the contaminated product. All expenses / losses and cost of product in this connection as determined by the Company shall be recoverable from the Carrier. (iii) Above would be in addition and without prejudice to Company's right of termination of this Agreement as per Clause-15 of this agreement. (d) The Carriers shall ensure that the packages are delivered at the destination promptly within the delivery period. The Company reserve the right to impose a penalty on the carrier @ Rs. 100/- per day of delay and such penalty shall be recovered from the Carrier’s bills unless satisfactory explanation is given by the Carrier for the delay. 9. DELIVERY DOCUMENTS: Carrier shall be responsible for ensuring that: a) Working rules and regulations of the Company in force are followed by him / his

representatives and Crew of his truck; b) The Crew has the correct delivery documents; signature along with rubber stamp of recipient are obtained on the delivery documents after delivery of the product to the receiving locations. d) Receipted delivery documents pertaining to deliveries made are handed-over to the dispatching location of the Company immediately but not later than 7 days of completing the delivery.


10. ACCIDENT: a) In the unfortunate event of an accident of a truck carrying Company’s product, the Carrier

shall report the accident to the Territory Manager (I&C), Delhi / Despatching & Receiving

locations immediately in writing. b) The Carrier shall immediately make necessary arrangements at their own cost to salvage the packages / product from the truck and arrange for delivery of the packages in good and marketable condition containing originally packed grades to the location as directed by the Company at Carrier’s cost. Any expenses on this account as well as the cost of damages / missing packages / product short delivered due to the accident shall be on carrier’s account. 11. DELIVERY OF PRODUCT; TRANSHIPMENT The Carrier shall ensure that: a) The truck delivers the product to the consignee specified. b) The truck follows the normal / approved route from the dispatch location to the receiving location and average trip-times are maintained; c) The consignments are delivered to the receiving location in the same truck or container in which it was loaded at the dispatch location. d) No transhipment of consignment from the original truck, which took the load from the dispatching location into another truck, is done except with the prior permission of the Company. 12. LOSS / DAMAGE OF PRODUCT: Carrier shall be responsible for any loss or damage caused to the Company’s product or

property by negligence or default of its Crew, authorized representative or truck. This will

also include confiscation of Company's product delivered to the Carriers by any statutory

authorities. 13. SUB-CONTRACTING; CHANGE IN CONSTITUTION OF THE FIRM: (a) The Carrier shall not be entitled to assign, subrogate, sublet or part with its right, title and

interest under this Agreement for any reason whatsoever, or change the ownership of / their

right on the trucks . (b) The Carrier shall not cause or allow any change in the constitution of its firm without

obtaining the previous written consent of the Company. 14. NON-PERFORMANCE / FORCE-MAJEURE: Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non performance is occasioned by

conditions of the force majeure. The Force Majeure means natural calamities like floods, earthquake and other acts of God and riots, etc. The notice of occurrence of any such

calamities shall be given by the affected party within a period of 24 hours of occurrence of

such calamities. The performance of the respective obligations of the parties under this Agreement shall be resumed as soon such calamities which have resulted in the non

performance cease to occur.


15. CONTRACT PERIOD; TERMINATION: 1. This Agreement shall be valid for period of 2 (two) years effective_____________ with an

option at absolute discretion of the Company to extend the same by another one year on

same terms and conditions. However, Company reserves the right to terminate this

Agreement by giving two months advance notice without being liable to give any reason or

pay any compensation. 2. Notwithstanding anything to the contrary contained herein above, Company reserves the

right to terminate this Agreement forthwith upon or at any time after happening of any of the

following - (a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise. (b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its partners. If road permits or statutory licenses/permissions granted to Carrier / it's trucks by transport or any statutory authorities is cancelled or revoked. (c) If any of the statement made by the Carrier in the tender is found incorrect at any time. (d) If the Carrier is guilty of breach of any of the terms or conditions of this Agreement. (e) If the Carrier commits or suffers to be committed any act which in the opinion of the Company whose decision shall be final, is prejudicial to the good name of the Company or its' product. (f) On the death or retirement of proprietor or any of the partner of the Carrier firm. However, in case, Company does not exercise this option, the Agreement shall continue as between the Company and surviving / continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from the company any portion of Security Deposit. Company shall account for Security Deposit to the surviving or continuing partners. The Death or retirement of any partners shall be notified by the Carriers to the Company in writing within 24 hours of such death or retirement. (g) If the crew of the carrier, commits any unsafe act such as rash driving, accident, non adherence to safety guidelines, and not using safety / protective equipment etc. within or outside BPCL premises. (h) If the carrier, its proprietor or any partners or trucks crew misbehaves (abuse or threats or assaults or manhandles) with the consumers/dealers /or with the employees of BPCL. 15.1.BLACKLISTING OF TRANSPORTER/TRUCKS: (i) 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). (j) *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 and recovering additional amount spent by making alternate arrangement for meeting customer commitments.


16. ARBITRATION: All questions, disputes and differences arising under or in relation to this Agreement shall be referred to the sole arbitration of the Director (Marketing) of the Company. If such Director (Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the sole arbitration of some other officer of the Company by such Director (Marketing) in his place, who is willing to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the Company and may be Shareholder of the Company. The arbitrator to whom the matter is originally referred, whether the Director (Marketing) or officer, as the case may be, on his being transferred or vacating his office or being unable to act, for any reason, the Director (Marketing) shall designate any other person to act as arbitrator in accordance with the terms of the Agreement and such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also the term of this Agreement that no person other than the Director (Marketing) or the person designated by the Director (Marketing) as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment thereof and the Rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. 17. JURISDICTION: The parties hereby agree that the Courts in the city of Delhi alone shall have jurisdiction to

entertain any application or any awards made by the sole arbitrator or other proceedings in

respect of anything arising under this Agreement.

18. ALTERATIONS IN THE AGREEMENT: This Agreement covers entire understanding between the parties. No alteration / variation of

any of the terms of this Agreement shall be valid unless made with the consent of both the

parties and evidenced in writing duly signed by authorized representatives of both the

parties.


19. NOTICE: 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. BPCL: Territory Manager (I&C), Delhi Bharat Petroleum Corpn Ltd., Plot No. A-5 &A-6, Udyog Marg, Sector 1, NOIDA , U.P. Uttarpradesh – 201301. CARRIER: _________________________ ___________________________ ___________________________ The Agreement is Signed, Sealed and delivered on this day by the below-mentioned

signatories in presence of witnesses herein: 1.For Bharat Petroleum Corpn Ltd. In the presence of:

___________________________

Territory Manager (I&C), Delhi Witness:

2. For the Carrier: Witness:

___________________________

(Authorised Signatory)

(Name of the Carrier)

Self attested passport size recent colour photograph of

the Carrier (Individual or Authorized Signatories)


SCHEDULE-1

DETAILS OF TRUCKS OWNED BY THE CARRIER

Sr No. 1 2 3 4 5 T/L Registration

No.(as per RC

Book) Date of

Registration

Make

Model/Year

Engine No.

Chassis No.

Capacity of Truck

Owner’s Name

Kindly arrange to submit notarized copy of all the documents of vehicles offered against this

tender.


SCHEDULE-2

FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN

TRANSPORTATION

RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE

OF HSD at Supplying Plant i.e. Panipat/Shyampur/Salawas

(A) 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 HSD RSP at plants locations,

Panipat/Shyampur/Salawas respectively 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 (4 KMs), which a truck can run with 1 lit of HSD (loaded or otherwise) for the

purpose of calculations. In the case of 15 MT trucks….4 in the above formula will

become 3.5 which represent average/mileage in KM of a 15 MT vehicle per Ltr.

NOTE:

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

price.

2) The escalation / de-escalation of transportation rates will be allowed every quarter i.e.

on 1st January, 1st April, 1st July, 1st

October etc.,

3) Escalation / de-escalation shall be applicable as per increase / decrease in RSP

(Retail selling price) of HSD, which will be the weighted average of 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 HSD at Panipat/Shyampur/Salawas in BPC

R.P.O. shall be considered and the escalation / de-escalation factor shall apply.


TECHNICAL BID ANNEXURE-2 INTEGRITY PACT

Between

Bharat Petroleum Corporation Ltd (BPCL) hereinafter referred to as ‘The Principal”, And M/s …………………………………………….. hereinafter referred to as “The Contractor” Preamble The Principal intends to award, under laid down organization procedures, contract/s for ……………………………………. The Principal values full compliance with all relevant laws and regulations, and the principal of economic use of resources, and of fairness and transparency in its relations with its Bidders/s and Contractor/s. In order to achieve this goal, the Principal cooperates with the renewed international Non-

Governmental Organization “Transparency International’ (TI). Following TI’ national and

international experience, The Principal will appoint an external independent Monitor who will

monitor who will monitor the tender process and the execution of the contract for compliance

with the principles mentioned above. Section 1 – Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles: 1. No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a contract, demand, take a promise for or accept, for

him/ herself or third person, any material or immaterial benefit which he/ she is not legally

entitled to. 2. 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. 3. The Principal will excluded from the process all know prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a

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

suspicion in this regard, the Principal will inform its Vigilance Office and in addition can

initiate disciplinary actions. Section 2 – Commitments of the Bidder/ Contractor (1) The Principal commits itself to take all measures necessary to prevent corruption. He

commits himself to observe the following principles during his participation in the tender

process and during the contract execution. 1. The Bidder/ Contractor will not, directly or through any other person or firm, offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/ she is notlegally 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.


2. The Bidder/ Contractor will not enter with other Bidder into any undisclosed agreement or

understanding, whether formal or informal. This applies in particular to prices, specifications,

certifications, subsidiary contracts, submission or non-submission of bid or any other actions

to restrict competitiveness or to introduce cartelization in the bidding process. 3. The Bidder/ Contractor will not commit any offence under the relevant Anti-corruption

Laws of India; further The Bidder/ Contractor will not use improperly, for purpose of

competition or personal gain, or pass on to others, any information or document provided by

the Principal as part of the business relationship, regarding plans, technical proposal and

business details, including information contained or transmitted electronically. 4. The Bidder/ Contractor will, when presenting his bid, disclose any and all payment he has

made is committed to or intends to make to agents, brokers or any other intermediaries in

connection with the award of the contract. (2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above

or be an accessory to such offences. Section 3 – Disqualification from process and exclusion from further contracts If the Bidder, before contract award has committed a transgression through a violation of

Section 2 or in any other form such as to put his reliability or credibility as Bidder into

question, the Principal is entitled to disqualify the Bidder from the tender process or to

terminate the contract, if already signed, for such reason. (1) If the Bidder/ Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to

exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of the exclusive will be determined by the severity of the transgression. The severity

will be determined by the circumstance of the case, in particular the number of

transgression, the position of the transgressor within the company hierarchy of the Bidder and the amount of the damage. The exclusive will be imposed for a minimum of 6 months

and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of

the available evidence, concludes that no reasonable doubt is possible. (3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right

to resort to and impose such exclusive and further accepts and undertakes not to challenge

or question such exclusive on any ground, including the lack of any hearing before the

decision to resort to such exclusion is taken. This undertaking is given freely and after

obtaining independent legal advice. (4) If the Bidder/ Contractor can prove that he has restored/ recouped the damage caused

by him and his installed a suitable corruption prevention system, the Principal may revoke

the exclusion prematurely.

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

according to section 3, the Principal is entitled to demand and recover from the Bidder

liquidated damages equivalent to Earnest Money Deposit/ Bid Security. 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 liquidated damages equivalent to Security Deposit/ Performance Bank

Guarantee. (2) The Bidder agrees and undertakes to pay the said amounts without protest or demur

subject only to to condition that if the Bidder/ Contractor can prove and establish that the

exclusion of the Bidder from the tender process or the termination of the contract after the

contract award has caused no damage or less damage than the amount of the extent of the

damage in the amount proved. Section 5 – Previous Transgression (1) The bidder declares that no previous transgression occurred in the last 3 years with any

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

Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be terminated for such

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

conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7 – Criminal charges against violating Bidders/ Contractors/ Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an

employee or a representative or a representative or an associate of a Bidder, contractors or

Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in

this regard, the Principal will inform the Vigilance Office. Section 8 – External Independent Monitor/ Monitors (three in number depending on

the size of the contract) (to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor for this

Pact. The task of the Monitor is to review independently and objectively and objectively,

whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Contractors accepts that the Monitor has the right to access without restriction to all

Project documentation of the Principal including that provided by the Contractor. The

Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,

unrestricted and unconditional access to this project documentation. The same is applicable

to Subcontractors. The Monitor is under contractual obligation to treat the information and

documents of the Bidder/ Contractor/ Subcontractor with confidentiality. (4) The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the


Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will

so inform the Management of the Principal and request the Management to discontinue or

heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties

that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder/ contract to present its

case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal

within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and,

should the occasion arise, submit proposals for correcting problematic situations. (7) Monitor shall be entitled to compensation on the same terms as being extended to/

provided to Outside Expert Committee members/ Chairman as prevailing with Principal. (8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of

an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within

reasonable time, taken visible action to proceed against such offence or reported it to the

Vigilance Commissioner, Government of India. (9) The word “Monitor” would include both singular and plural. Section 9 – Pact Duration This Pact begins when both parties have legally singed it. It expires for the Contractor 12

months after the last payment under the respective contract, and for all other Bidders, 6

months after the contract has been awarded. If any claim is made/ lodged during this time,

the same shall be binding and continue to be valid despite the lapse of this pact as specified

above, unless it is discharged/ determined by Chairperson of the Principal. 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. Noida UP. The Arbitration clause provided in the main

tender document/ contract shall not be applicable for any dispute arising under Integrity Pact. (2) Change and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the reminder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ----------------------- -------------------------------- For the Principal For the Contractor Place …………………. Witness 1: ………………. Date………………….. Witness 2:……………….


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 their tank-lorries / trucks 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 Tank-Lorries b) for pilferage of products c) Diversion from specified route without any valid reasons d) 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 tank-lorry 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 tank-lorry 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 tank-lorry may be banned permanently. d) A list of all such blacklisted / banned tank-lorries 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 tank-lorries 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 Customer 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 Causes

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/ tank-lorry 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 5 above. However, in case of accidental contamination, decision for suspension /blacklisting of the tank-lorries 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) do hereby undertake to pay to the Company an amount not exceeding Rs__________________(Rupees ______________ only) against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said 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 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 ____________ 2014.

For __________________________ (Indicate name of the Bank)


Technical Bid Annexure-5

(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

Fourteen 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 CARRIER” 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 Carrier for

transportation of Packed Bitumen drums for the period of 2 years 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 trucks to the

Corporation owned by the said Transporter and ……………No. of 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 Carrier offers the aforesaid number of trucks either owned by them

and/or declared by the Carrier claiming as their own or any addition of tank-lorries made

subsequent to the award of contract and declared as (either owned directly or attached

to the firm).

AND WHEREAS the said Carrier has requested the Corporation to accept the said

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

Carrier to indemnify and keep indemnified the Corporation as stated hereinafter:

38


1) The Said Carrier 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

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 trucks and the additional trucks made available subsequent to the award of contract, not owned

by the said Transporter. 2) M/s. …………………………………., the said Carrier, 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 trucks and the additional 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 Carrier 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 Carrier 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 trucks and the additional trucks made available subsequent to the award of

contract. 4) Finally, M/s. …………………………….., the said Carrier 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 trucks and the additional 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

B P C / I & C / W R / 0 6 / P K D - B I T U N / 2 0 1 2


Technical bid Attachment-1

PARTICULARS OF THE TENDERER

Category: SC ST GENERAL

(Please tick whichever is applicable)

Sr. No Particulars Please provide information here.

1 Name of Tenderer:

2 a. Registered Office Address:

b. Address for Correspondence:

c. E-mail ID: 3 Contact Details:

Telephone No. :

Mobile No.: 4 Status of Tenderer viz. Individual,

Firm, (Proprietor, Partnership

Limited co. etc.) 5 Name/s of Proprietor/Partners/

Directors of the Company: 6 Year of establishment

Registration No.

PAN No. 7 Please provide previous 3 years 2010-11:

annual turn-over in Rs. lakhs. 2011-12:

2012-13: 8 Whether the tenderer

(Proprietor/Partners/ Directors of

the Company) are related to (as

defined under Companies Act

1956) any of Directors of BPC. If

yes, please give details: 9 Whether the tenderer is existing

dealer / distributor of BPC. If yes,

please give details. 10 Whether the Tenderer has

previous transportation experience.

If yes, pl provide details as under:

Name of the Oil Company:

Contract Reference No.:

No. of tank-lorries in Contract:

Contract Validity: 11 Whether the Tenderer has ever

been black-listed by any Oil

Company. If yes, please give

details:

Name of the Oil Company:

Year of black-listing:


12 Whether any litigation / court case

is pending against the tenderer

which may affect the tenderer’s

obligation to this contract, if

awarded.

13 No. of trucks offered by the tenderer against this tender: Owned trucks: Attached trucks:

I / We confirm that the information furnished above are true and open for verification at

any time. Name of Authorised Signatory: Signature of Authorised Signatory: Date / Place:


Technical Bid Attachment-2

FORM – ‘B’

STATEMENT TO BE FURNISHED BY TENDERER IN REPSECT OF OWN /

ATTACHED TRUCKS OFFERED IN THE TENDER (Particulars to be filled by the tenderer)

Name of the Tenderer:________________________________________

Sr No. 1 2 3 4 5 6 7 8 9 10 Truck Registration

No.(as per RC

Book) Date of

Registration

Make & Model

Own or Attached

truck/s

Engine No.

Chassis No.

Capacity of truckl

Owner’s Name

Relationship with

the tenderer: Affidavit furnished

by the Owner (Y/N) Age of truck ( as on

28.09.2012)

Hypothecation

details of the truck Whether the truck

is running in some

other contract (Y/N) Whether the truck

has been black-

listed by any Oil Co

(Y/N)

*If more than 10 t/ls are offered, please use additional sheet.

1. Please attach an attested photocopy of the RC Book of the each truck offered, both

owned & attached trucks in the tender.

2. For attached trucks, an affidavit from the Owner/s of the truck/s as per the format

provided must be attached in original. B P C / I & C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 42


3. The trucks offered should not be more than 8 years old as on the date of tender

opening i.e. 14.02.2014. Moreover, if any truck offered in this contract completes 8

years, the tenderer must provide a replacement truck as per the terms of the contract. This is to certify that the details as furnished by us have been verified and found

correct. If any information is found to be incorrect, the contract awarded to us shall be

liable to be cancelled by BPCL 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 tank-lorry or me as a

transporter can be taken by BPCL. Signature: _______________________ (Signed as Proprietor/Partner/Director) Name: _________________________ Name / Seal of the firm: __________________________________ DATE/PLACE: ____________________________________________________


Technical Bid Attachment-3 TENDERER’S COVERING LETTER

FROM:

M/s. _______________________

_______________________ (Name and Address of the tenderer)

To:

TERRITORY MANAGER (I&C), DELHI Bharat Petroleum Corpn. Ltd. Plot No A-5 and A-6, Udyog Marg, Sector 1, Noida UP Uttarpradesh - 201301

Dear Sir,

Sub: PACKED BITUMEN ROAD TRANSPORT CONTRACT EX BPCL DEPOTS AT

PANIPAT, SHYAMPUR AND SALAWAS :TENDER REF (BPC/I&C/NR/ 01/ PKD-

BITUMEN / 2014)

With reference to your subject tender, we confirm having carefully read and understood

various conditions / documents supplied with the tender.

We confirm having participated in the e-tender and submitted the required documents

on-line.

We hereby submit the following credential / technical bid documents, duly completed in

a sealed envelope as per details given here under:

Pl tick “Y – For Document enclosed; N – For Document not enclosed”. Sr. Particulars Attachment Enclosed

No.

1 Tender Document along with Annexure 1 to 5

under tenderer Login ID through e-procurement

system on https://bpcl.eproc.in

2 Particulars of Tenderer as per Attachment-1

3 Particulars of Trucks offered as per Attachment-2

4 Tenderer’s Covering Letter Attachment-3 YES / NO

5 General Irrevocable Power of Attorney Attachment-4 YES / NO

6 Affidavit for Attached Trucks on Rs. 20/- Stamp Attachment-5 YES / NO

Paper.

7 Details of relationship with BPCL Directors. Attachment-6 YES / NO

8 Caste Certificate (wherever applicable) issued by Attachment-7 YES / NO

Competent Authority as per format.


9 Undertaking as per format Attachment-8 YES / NO

10 Declaration by Tenderer Attachment-9 YES / NO 11 Attested acknowledged copy of the latest Income YES / NO

Tax Return filed and the copy of PAN Card 12 Attested copy of previous 3 years audited annual YES / NO

report i.e. 2010-11, 2011-12, 2012-13. 13 Attested copies of Trading license or Company YES / NO

Registration Certificate. 14 Attested copies of Partnership Deed or YES / NO

Certificate of Incorporation

15 Attested copies of R C Book, Fitness Certificate, YES / NO Route Permit and Insurance Certificate of all

tank-lorries offered. 16 Tender Fee by DD of Rs. 1000/- as per tender YES / NO

Para 2.1 (3). 17 EMD by DD of Rs. 1, 00,000/- as per tender Para YES / NO

2.3.

We attach herewith the following DDs:

1. EMD vide DD No._________dated _______drawn on ____________(Name of the

Bank) for Rs. 1,00,000 in favour of BPCL, payable at Noida UP. 2. Tender Fee vide DD No._________dated _______drawn on ____________(Name of

the Bank) for Rs. 5,000/- in favour of BPCL, payable at Noida UP. 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 Attachment-8. Thanking you,

Yours Faithfully,

Signature / Seal of the Tenderer: Name and Address of the Tenderer: Place / Date:


Attachment-4

(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 ______________. 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)


Attachment-5

(On Non-Judicial Stamp Paper of Rs. 100/- or as prescribed in the respective State)

AFFIDAVIT

I/We _________________________, S/O Shri _______________________ resident of _______________________________________, do hereby solemnly affirm and declare as under: 1. That, I am / we are the owner/s of the following tank-lorry / tank-lorries:

Registration No. Chassis No Engine No. Make / Model i) ii) iii) iv) v) 2. That, the aforementioned trucks are attached and shall remain attached with

M/s____________________ (vendor name) till the validity of Transport Contract for Packed

Bitumen if awarded by M/s. Bharat Petroleum Corpn. Ltd in favour of M/s. _____ _______________(vendor name) . 3. That, during the said contract period, M/s. _______________(vendor name) shall have

full rights of operating the said trucks and receiving consideration for such operation. 4. That, I / We also declare that the trucks mentioned in Item 1) above are not in contract

with any other Oil Company. DEPONENT VERIFICATION: Verified that the contents of the above affidavit are true and correct to the best of my

knowledge and belief. No part of it is false and nothing has been concealed therein. DEPONENT Verified at ________________ on _____________. Notary Public

& C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 47


Attachment-6

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS

Tenderers should furnish following details in the Part A, B or C as applicable, as under:

PART – A -Sole Trader PART – B- Partnership PART – C- Company (Private / Public / Co- operative Society)

PART – A

(Applicable where Tenderer is Sole Proprietor)

1. Name:

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

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

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

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

1. Name of the Company responding to 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 answer is ‘Yes’ to Sr. No.5, state the name(s) of the BPCL’s Director. 7. State whether any of the Director of the Tenderer Company is related to any of the Directors of BPCL: Yes/No 8. If ‘Yes’ to (7) state the name(s) of BPCL’s Director & the concerned Director’s (of the tenderer Co.) relationship with him/her.

*Strike out whichever is not applicable. DATE / PLACE SIGNATURE OF TENDERER:


Attachment-7

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding the date of the opening for the Tender for transportation of Bulk Bitumen, 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 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 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.

% 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 (Lakshadweep Islands). ---------------------------------------------------------------------------------------------------------------------------


Attachment-8 UNDERTAKING

We, hereby, declare as under:

1. That the truck/s offered under this contract has not been withdrawn from any other

contract of BPCL.

2. That the vehicles under reference are not running in contract with any other Oil Company

and not attached with any other Contractor/ Distributor and have not been withdrawn without

their prior consent.

3. That the subject vehicles are not involved in any litigation other than routine cases of road

accident or any violation of Motor Vehicles Act.

4. That neither we as a transporter nor any of our offered tank lorry have been blacklisted so

far by any of the Oil Company.

We further confirm that;

1. The details as furnished by us are correct. We undertake to place the tank-lorries offered

in this tender, at the disposal of BPCL in case the contract is awarded in our favour.

2. If any information is found to be false / incorrect, the contract if awarded to us shall be

liable to be cancelled and we shall be liable to pay to the Corporation such damages as the

Corporation may put to due to termination of the contract. We also undertake that should

there be any action against Corporation resulting in damages of whatsoever nature to

Corporation on account of award of contract in our favour on the basis of the

misrepresentations.

3. We shall keep the Corporation completely indemnified against all the losses / damages,

litigations, court action etc.

Signature / Name of the Tenderer: ___________________ Name of the Firm: _____________________ Address with seal: ________________________

C / I & C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 51


Attachment-9

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

Agreement Place: Signature & Seal Date:

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

Corporation / Central / State Government OR We have the following employees working with us who are near relatives of the officers of the Corporation / Central / State Government. Name of the employee; Name & designation of the officer of the Corporation /Central / State

Government: 1. ________________________________________________ 2. ________________________________________________ 3. ________________________________________________ 4. ________________________________________________ Place: Signature & Seal Date: Strike off whichever is not applicable.

DECLARATION ‘C’ The Tenderer is required to state whether he is a relative of any Director of our Corporation

or the tenderer is a firm in which Director of our Corporation or his relative is a partner or is

any other partner of such a firm or alternatively the Tenderer is a private company in which

Director of our Corporation is member or Director, (the list of relative(s) for this purpose is

given overleaf) Place: Signature & Seal Date: N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent

to signing the above declaration and the employee so appointed happen to be near relatives

of the Officer of the Corporation/Central/State Government, the Contractor should submit

another declaration furnishing the names of such employees who is/are related to the

Officer/s of the Corporation/Central/State Government. (Pl refer to the enclosed list of relatives)


LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They

are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The

one is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife 5. Daughter (including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son Son’s Wife 12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife. 21. Sister (including Step Sister) 22. Sister’s Husband

…..END OF TENDER DOCUMENT…….