BHARAT PETROLEUM CORPORATION LIMITED … e... · Odisha 751 007 TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559 ... M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted

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

Alok Bharati Complex, 2nd Floor, Sahid Nagar, Bhubaneswar, Odisha 751 007

TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559

T E N D E R N O . BPC/I&C/BOT/FO-LDO/2014 Page 1

NOTICE INVITING e-TENDER FOR SALE OF CONTAMINATED FURNACE OIL (FO) AND

LIGHT DIESEL OIL (LDO) ON “AS IS WHERE IS BASIS ”

EX BLACK OIL TERMINAL, PARADEEP, ODISHA.

TENDER NO: BPC/I&C/BOT/FO-LDO/2014

(Date of advt : 20/08/2014)

Tender Name: e-Tender for Sale of contaminated Furnace Oil (FO) and

Light Diesel Oil (LDO) on “As is where is basis” ex BPC‟s

Black Oil Terminal, Paradeep, Odisha.

Eligibility: Waste oil recyclers authorised by “State Pollution Control

Board, Odisha”.

Pre- Bid Meet

All eligible tenderers are invited to a Tender Meet on

26.08.2014 at 11 am at, BPCL, Alok Bharati Complex(2nd

Floor), Sahid Nagar, Bhubaneswar, Pin-751007, Odisha

for clarifications on tender conditions & e-bidding

process.

Last date/time for submission

of tender bids:

05.09.2014 at 02:00 pm at the address given above.

Tender bids Opening on: 05.09.2014 at 3:00 pm at the address given above.

Earnest Money Deposit

(EMD):

Rs. 50,000/- (Rupees Fifty Thousand only) by way of DD

drawn on any scheduled bank, payable at Bhubaneswar.

Tender Fees: Rs 1,000/- (Rs One Thousand Only) by way of DD drawn

on any scheduled bank, payable at Bhubaneswar.

e-bids are invited from eligible tenderers for Sale of contaminated Furnace Oil (FO) and Light

Diesel Oil (LDO) on “As is where is basis” ex BPC‟s Black Oil Terminal, Paradeep, Odisha

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 for participating in the tender and submit your

bid online. For viewing / downloading the tender document, please visit our website

http://www.bharatpetroleum.in/tender/tender.asp

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 (off-line documents) before the closing date / time of the tender in a sealed envelope* at

the following address:

Territory Manager (I&C), Bhubaneswar

Bharat Petroleum Corporation Ltd.

Alok Bharati Complex (2nd Floor)

Sahid Nagar, Bhubaneswar

Odisha 751007



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


Sr. No. Particulars Attachment No.

1 Tender documents along with Annexures A,C,D and

Attachments 1,2 under tenderer Login ID through e-

procurement system on https:bpcl.eproc.in

2 Particulars of Tenderer Attachment-1

3 Tenderer‟s Covering Letter as per format Attachment-2

4 Attested acknowledged copy of the latest Income Tax

Return filed and the copy of PAN Card.

5 Notarized copy of registration under State Pollution

Control Board, Odisha/Ministry of Environment & Forest

for recycling of waste oil/off-spec and contaminated oil.

6 Schedule of Materials Annexure A

7 Undertaking Annexure C

8 Tender Fee in the form of Demand Draft for Rs. 1,000/-

9 EMD of Rs. 50,000/- (Rs Fifty Thousand only) by way of

Demand Draft.

10 Integrity Pact Annexure D

11 Undertaking as per point 5 of clause 6

*the sealed envelope must reach/be dropped in the Tender Box kept at the above address.

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

upto 02:00 pm on 05/09/2014.

6. Bids submitted after the due date and time of closing of tender (i.e. after 02:00 pm on

05.09.2014) 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.

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/she may contact our e-

procurement service provider M/s.C1 India Pvt Ltd., Kolkata on Mobile no : 08981165071 & at

Mumbai on Tel no. 022- 66865600 (10 lines) for obtaining Digital Signature Certificate.

12. Directions for submitting online offers, electronically, against e-procurement tenders

directly through internet:



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


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, he may do so any number of times till the due date

and time of submission deadline. However, no bid can be modified after the deadline for

submission of bids.

d. 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.

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.

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

may contact Mr. Tuhin Ghosh (Mob.: 08981165071) of M/s. C1 India Pvt Ltd., Kolkata or

Helpdesk No. 022-66865600 (10 lines).

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.

Thanking you,

Yours faithfully,

For BHARAT PETROLEUM CORPN. LTD.,

HEMANT KUMAR JENA

TERRITORY MANAGER (I&C), BHUBANESWAR




TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559



e-Tender for Sale of contaminated Furnace Oil (FO) and Light Diesel Oil (LDO) on “As

is where is basis” ex BPC’s Black Oil Terminal, Paradeep, Odisha.

1.0 COMPANY INTRODUCTION

1) Bharat Petroleum Corporation Limited (BPCL) is engaged in the business of refining and

marketing of petroleum products.

2) BPCL invites the eligible tenderers to participate in this e-tender for Sale of contaminated

Furnace Oil (FO) and Light Diesel Oil (LDO) on “As is where is basis” ex BPC‟s Black Oil

Terminal, Paradeep, Odisha.

2.0 TENDER NO. TENDER NO. BPC/I&C/BOT/FO-LDO/2014

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite Bids

through e-tender under Two-Bid System for Sale of contaminated Furnace Oil (FO) and Light

Diesel Oil (LDO) on “As is where is basis” ex BPC‟s Black Oil Terminal, Paradeep, Odisha on a

one time basis.

3.0 MINIMUM QUALIFYING CRITERIA

Bidder should be recognised and approved by “State Pollution Control Board, Odisha” as

authorised/registered Waste Oil recycler for disposal of Oily sludge, contaminated Furnace Oil

and Light Diesel Oil.

The bidder must possess valid certificate of registration from State Pollution Control Board,

Odisha (Dept of Forest and Environment, Govt of Odisha)

4.0 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., Kolkata, Mr Tuhin Ghosh, Mobile no. 08981165071 or

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 documents once read

carefully have to be uploaded by the tenderer under their Login ID duly certified with Digital

Signature Certificate, in token of acceptance of all tender terms and conditions there-in.

3) Tenderer shall pay Rs. 1,000/- (Rupees One Thousand Only) as Tender Fee by Demand

Draft (Non-refundable) drawn on any Scheduled Bank payable at Bhubaneswar 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 3 above.

4) The tender documents can also be downloaded from BPCL website,

http://bharatpetroleum.com/tender/tender.asp. but the submission of tender document is

only allowed through the e-procurement system on https://bpcl.eproc.in.

http://bharatpetroleum.com/tender/tender.asp

https://bpcl.eproc.in/



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


5.0 SIGNING OF INTEGRITY PACT:

Each successful tenderer will have to sign the Integrity Pact as per the draft attached as

Annexure- D along with this tender document.

The Proforma of Integrity Pact shall be returned by the bidder/s along with the bid

documents (technical bid in case of 2 part bid), duly signed by the same signatory who is

authorised to sign the bid documents. All the pages of the Integrity Pact shall be duly

signed. Bidders 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/s has been disqualified from the tender process prior to award of the contract

in accordance with the provision of the Integrity Pact, BPCL shall be entitled to demand

and recover from the Bidder Liquidated Damages amount by forfeiting the EMD/Bid

Security of the Integrity Pact.

If the contract has been terminated according to the provision of the Integrity Pact, or if

BPCL is entitled to terminate the contract according to the provision of the Integrity Pact,

BPCL shall be entitled to demand and recover from the Contractor Liquidated damages

amount by forfeiting the Security as per provision of the Integrity Pact.

Bidders may raise dispute/complaints, if any, with the nominated Independent external

Monitor.

Shri Brahm Dutt,

No. 82, Shakti Bhavan

Race Course Road, Bangalore-560001

080-22256568, 09731316063-(Mob)

********

Important Note: Only parties having valid Certificate of Registration as Waste Oil Recycler from

State Pollution Control Board, Odisha for disposal of waste oil ( e.g. Oily sludge, contaminated

Furnace Oil , Light Diesel Oil ) needs to apply. The certificate of registration under Pollution

Control Board ( Dept of Forest and Environment, Govt of Odisha) should remain valid till the

validity of the tender offer which is 180 days from date of opening of the tender. Therefore all the

offers received without notarized copy of valid certificate as stated above, will be summarily

rejected and treated as not-qualified for the tender.

6.0 Terms & Conditions:

1. You have to download the tender document from our website www.bharatpetroleum.com,

a non returnable Demand Draft of Rs 1000/- (Rupees One Thousand Only) drawn in favour

of “Bharat Petroleum Corporation Ltd” payable at Bhubaneswar taken from any

Nationalized/Schedule bank to be submitted towards cost of tender document. The tender

document can also be procured from our above mentioned office address against the

Demand Draft on any day between Monday to Friday between 11.00 am to 4.00 pm,

except on holiday as observed by BPCL, Bhubaneswar.

2. The tender should be filled strictly as per the format, signed on each page, along with all

Annexure, having read, understood and abide by the terms and condition and no variation

is allowed.

http://www.bharatpetroleum.com/



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


3. Tender not submitted with complete details as required hereunder or not given details as

per format may be rejected by the Corporation.

4. The notarized copy of valid certificate for registration under “State Pollution Control

Board, Odisha (Dept of Forest and Environment, Govt of Odisha) authorized as waste Oil recycler must be enclosed along with the offer.

5. You have to submit an undertaking on a non judicial stamp paper of Rs 100/-

duly notarized (at time of submission of offer) for the following :

a. Name, Address, Fathers name and Firms name.

b. That you will indemnify BPCL against any claim/damages/ violation of rules and

regulation of the Pollution Control Board / (Ministry of Environment & Forest) in

making use of this tendered material for recycle by your firm.

c. That you will ensure adherence to local and state/central rules and regulation while

making use of this contaminated FO (Furnace Oil) and LDO (Light Diesel Oil) in your

recycle process.

d. You will uplift the waste FO / LDO strictly on “As is Where is Basis”, from

Paradeep Black Oil Terminal, if the contract is awarded to you. Transportation,

product evacuation from terminal storage tanks by using required pumping

arrangements, labour, loading of tank lorries, obtaining entry permit from Paradeep

Port Trust Authority etc. are to be arranged by the successful bidder at its own cost.

e. That you will use the contaminated materials (in the said tender) for recycle / bio-

remedial (for FO / LDO) to meet the requirements of their intended applications,

within 60 days of upliftment of product, if contract is awarded to you.

f. That you understand that these products (in this tender) are contaminated waste

FO/LDO which have exceeded their shelf life and are not fit to be used for their

intended applications as such.

g. That you also understand that these waste oil (in this tender) could be

contaminated with water / extraneous matter / other products.

h. That if contract is awarded to you, you will not resell these products (in this tender)

in brand name of Bharat Petroleum Corporation Limited in any form whatsoever.

i. That you have seen the condition of all waste oil (in this tender) and that you will

not make any claims for compensation/and stay firm on your offer, in case of

leakage / deterioration in quality due to handling / storage from time of this tender

up to actual upliftment.

j. The validity of your offer is for 180 days from due date of tender.

6. The offer must accompany Tender fee and EMD in the form of Demand Draft from any

scheduled/nationalized Bank in favour of Bharat Petroleum Corporation Ltd. Payable at

Bhubaneswar for Rs 1,000/- (Rupees One Thousand Only) as tender fee and Rs. 50,000/-

(Rupees Fifty Thousand Only) as EMD. The EMD shall be refunded after the finalization of

the tender only to unsuccessful tenderer. The EMD of the successful tenderer would be

held till the job is completed. EMD would be forfeited if any of the tenderer refuses to

accept the offer.

7. The inspection of materials would be allowed till 04/09/2014 before close of tender on

05.09.2014. Inspection should be done on week days (from Monday to Friday), except

holidays if any during the period from 21.08.2014 to 04.09.2014 between 10:30 Hrs and

15:30 Hrs. (Except holidays of BPCL / Paradeep Port Trust). If you wish to inspect the

tendered material at the Terminal, prior intimation should be given to the undersigned.

The name and contact persons Telephone / mobile no is as under.



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


However, since the premises is under prohibited area of Paradeep Port Trust(PPT), entry

permit from PPT Authority to the premises has to be arranged by you.

Mr Abhijit Mitra,

Manager Marketing Services

Bharat Petroleum Corporation Ltd,

Alok Bharati Complex (2nd floor),

Sahid Nagar,Bhubaneswar, Pin 751007

Odisha Tel: 0674-2545480, Mob: 7381018421

8. You would be required to uplift the material strictly on “As is Where is Basis”, from

Paradeep Black Oil Terminal.

9. No changes in any of the tender conditions are allowed and offers received with changed

in conditions or counter conditions or addition/deletion shall be summarily rejected.

10. The rate (on line Price Bid) to be quoted should be Basic price Rs……. / litre (both in

words and figures) for both the materials separately. Taxes (and local levies, if any) should

be added extra as applicable.

11. Payment against the product to be uplifted would required to be deposited two days in

advance by the successful tenderer from the date of Upliftment in the form of DD drawn in

favour of “Bharat Petroleum Corporation Ltd” on any Scheduled bank/Nationalized Bank

payable at Bhubaneswar.

12. The Rate should be valid for minimum of 180 days from the due date of the tender.

13. The contract shall be awarded to H1 (highest offer by bidder) bidder combined for both FO

and LDO materials (for entire tendered quantity).

14. The successful bidder shall be required to uplift the material within 60 days from the date

of LOI, failing which the EMD shall be forfeited.

15. The successful party would be required to submit an undertaking (Annexure C) as per the

format enclosed on a non judicial stamp paper of Rs 100/- duly notarized, before the

upliftment of product from the depot.

16. In case of any dispute, the decision of the Territory Manager (Indl), Bhubaneswar,

undersigned, shall be final and would be binding for execution.

7.0 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 05.09.2014

at 03:00 pm at the following address:



Alok Bharati Complex(2nd floor),

Sahid Nagar, Bhubaneswar, PIN 751007

Odisha Tel: 0674-2545558



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


2) On-line credential / technical bids of only those tenderers shall be opened who have

submitted physical documents as mentioned above. 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.

8.0 OPENING OF PRICE BID:

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

bid / technical bid is found acceptable as defined in tender document.

2) The tenderers meeting minimum qualification criteria will only be considered for opening of

price bids after evaluation of Technical bids of all participating and valid tenders. After scrutiny

of the technical bids, the eligible tenderers shall be notified regarding date, time and venue for

the opening of price bids.

3) The price bid will be opened only through the e-procurement system on

https://bpcl.eproc.in.

4) The price bids will remain valid for 180 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.

IMPORTANT:

a. It is mandatory that, before closure of the tender at 02:00 pm on 05.09.2014, the tenderer

should submit the documents in physical form as specified under Attachment-2.

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

be submitted.

In case of any further clarification you may contact at the aforesaid address on any working

day between 11 am and 4 pm.

Thanking You

Yours faithfully,

For Bharat Petroleum Corporation Ltd

Hemant kumar Jena

Territory Manager (Indl), Bhubaneswar



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


ANNEXURE - A

SCHEDULE OF MATERIALS

Tender no and date Ref : BPC/I&C/BOT/FO-LDO/2014 date:

20.08.2014

Plant BPCL Black Oil Terminal, Paradeep

Due date of tender 05.09.2014 at 14.00 Hours

Schedule of Materials :

1. Contaminated Furnace Oil (FO)

138000 litres (approx)

2. Contaminated Light Diesel Oil (LDO)

96000 litres (approx)

Total Quantity 234000 litres (approx)

Name of the Tenderer:

Signature of the Tenderer:

Date:

Name & Address of the Tenderer:

Seal/Stamp of the Tenderer

Telephone no:

Mobile no:



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


Fax no:

ANNEXURE – B

SCHEDULE OF RATES ( ONLY ON LINE )

BPC/I&C/BOT/FO-LDO/2014

Tender no and date Ref : BPC/I&C/BOT/FO-LDO/2014 date:

20.08.2014

Due date of e-tender 05.09.2014 at 14.00 Hours

Schedule of rates :

Material Quantity Rate (per litre)

(Appx) Basic Price before Sales Tax/Exc. Duty.

1. Contaminated Furnace Oil (FO) 138000 ltrs In Figure :

In words :

2. Contaminated Light Diesel Oil (LDO

96000 ltrs In Figure :

In words :

(Sales Tax / Exc. Duty / Local levies will be extra at actual at the time of dispatch to be paid by the tenderer)

Name of the Tenderer:

Signature of the Tenderer:

Name & Address of the Tenderer: Seal/Stamp of the Tenderer

Telephone no:

Mobile no:

Fax no:

ONLY TO BE QUOTED

ONLINE



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


ANNEXURE C

UNDERTAKING

I/We ---------------------------------------------------------------------------------------------

--have entered into an agreement no. ------------------------ dated --------------- with

M/s Bharat Petroleum Corporation Limited to purchase waste oil namely Furnace Oil (FO) and

Light Diesel Oil (LDO) on as-is-where-is basis from Black Oil Terminal, Paradeep Installation

located at Paradeep, Odisha.

I/We ----------------------------------------- understand that these products are waste oil stocks

which have exceeded their shelf life and are not fit to be used for their intended applications

as such. It was also explained to me/us that these products could be contaminated with water

/extraneous matter / other products.

In view of the above, I/we ---------------------------------------------------------------- give

the following undertaking:-

1. As the shelf life of these materials have deteriorated substantially, I/we ---------------------

------------- will not make any claims for compensations from M/s. Bharat Petroleum

Corporation Limited towards losses incurred due to leakage / deterioration in quality due to

handling /storage from the time of entering into the above cited agreement.

2. None of these materials, as such shall be reprocessed or any other form, will be resold by

us in the brand name of M/s Bharat Petroleum Corporation Limited.

3. That all these materials would be recycled to meet the requirements of their intended

applications as per State PCB, Odisha.

4. I/we shall at all times keep the Bharat Petroleum Corporation Ltd. indemnified from all

losses suits, damages, cost, charges, expenses, claims and demand whatsoever, to which

the Bharat Petroleum Corporation Ltd. may become subject to or suable on account of any

claim put forward by any party due to non compliance of this Undertaking and said

agreement.

5. I/we also agree to indemnify Bharat Petroleum Corporation Ltd., if they incur any expenses

for defending their case against any claim lodged by any party due to deponent‟s activity.



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


DEPONENT(S)

Verification :

I/we ----------------------------------------- son/wife of ------------------------------------do

hereby verify that the contents of above Undertaking are true and correct to the best of my

knowledge. Nothing material has been concealed therein and no part of it is false.

I, Solemnly affirmed at ------------------------this---------------day of -------------2014.

BEFORE ME :

Notary Public/Judicial Magistrate

(DEPONENTS)



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


TECHNICAL BID ANNEXURE-D

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.

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



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


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 not

legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever

during the tender process or during the execution of the contract.

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



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(1) If the Principal has disqualified the Bidder from the tender process prior to the award

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

liquidated damages equivalent to Earnest Money Deposit/ Bid Security.

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

entitled to terminate the contract according to section 3, the Principal shall be entitled to

demand and recover from the Contractor liquidated damages equivalent to Security Deposit/

Performance Bank Guarantee.

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

subject only to 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,



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


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. Mumbai Terminals. 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.



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


The Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents

(technical bid in case of 2 part bid), duly signed by the same signatory who is authorised to

sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidders 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 bidders have been disqualified from the tender process prior to award of the contract in

accordance with the provision of the Integrity Pact, BPCL shall be entitled to demand and

recover from the Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security of the

Integrity Pact.

If the contract has been terminated according to the provision of the Integrity Pact, or if BPCL

is entitled to terminate the contract according to the provision of the Integrity Pact, BPCL shall

be entitled to demand and recover from the Contractor Liquidated damages amount by

forfeiting the Security as per provision of the Integrity Pact.

Bidders may raise dispute/complaints, if any, with the nominated Independent external

Monitor. The name and address of Independent External Monitor (IEM) appointed to oversee

implementation is given below:

Shri Brahm Dutt,

No. 82, Shakti Bhavan

Race Course Road, Bangalore-560001

080-22256568, 09731316063-(Mob)

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

For the Principal For the Contractor

Place …………………. Witness 1: ……………….

Date………………….. Witness 2:……………….



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


Technical bid Attachment-1

PARTICULARS OF THE TENDERER

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

annual turn-over in Rs. lakhs.

2011-12 :

2012-13 :

2013-14 :



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Technical Bid Attachment-2 TENDERER‟S COVERING LETTER

FROM:

M/s. _______________________

_______________________

(Name and Address of the tenderer)

To:



Alok Bharati Complex,

2nd floor Sahid Nagar, Bhubaneswar,

Odisha 751007

Dear Sir,

Sub: Sale of contaminated Furnace Oil (FO) and Light Diesel Oil on “As is where is

basis” ex BPC’s Black Oil Terminal, Paradeep, Odisha. TENDER NO. -

BPC/I&C/BOT/FO-LDO/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 “YES” – For Document enclosed; “No” – For Document not enclosed”.

Sr.

No.

Particulars Attachment

Enclosed

1 Tender documents along with Annexures A,B,D

and Attachments 1,3 under tenderer Login ID

through e-procurement system on

https:bpcl.eproc.in

2 Particulars of Tenderer Attachment-1 YES / NO

3 Tenderer‟s Covering Letter as per format Attachment-2 YES / NO

4 Attested acknowledged copy of the latest Income

Tax Return filed and the copy of PAN Card.

YES / NO

5 Notarized copy of registration under State

Pollution Control Board, Odisha/Ministry of

Environment & Forest for recycling of waste

oil/off-spec and contaminated oil.

YES / NO

6 Schedule of Materials Annexure A YES / NO

7 Undertaking Annexure C YES / NO



TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559


8 Tender Fee in the form of Demand Draft for Rs.

1,000/-

YES / NO

9 EMD of Rs. 50,000/- (Rs Fifty Thousand only) by

way of Demand Draft.

YES / NO

10 Integrity Pact Annexure D YES / NO

11 Undertaking as per point 5 of clause 6 YES / NO

We attach herewith the following DDs:

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

Rs. 50,000 per tank lorry in favour of BPCL, payable at Bhubaneswar.

2. Tender Fee vide DD No._________dated _______drawn on ____________(Name of the

Bank) for Rs. 1,000/- in favour of BPCL, payable at Bhubaneswar.

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.

Thanking you,

Yours Faithfully,

Signature / Seal of the Tenderer:

Name and Address of the Tenderer:

Place / Date:

Documents

BHARAT PETROLEUM CORPORATION LIMITED … e... · Odisha 751 007 TEL NO: 0674-2545558; 0674-2545480; FAX NO. 0674-2545559 ... M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted