BHARAT PETROLEUM CORPORATION LIMITED TERRITORY … of Tankage for Bulk Bitu… · bpc/i&c/wr/02/hiring of tankage for bulk bitumen storage/2016. page 1 bharat petroleum corporation

BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016.

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BHARAT PETROLEUM CORPORATION LIMITED

TERRITORY MANAGER (I&C), 4TH FLOOR, NORTH BLOCK,

BPCL REFINERY, MAHUL, MUMBAI- 400074 TEL NO: 022-2553 3428; 22713423.

NOTICE INVITING e-BID FOR HIRING TANKAGE AND ALLIED FACILITIES IN THE STATES OF GUJARAT, MAHARASHTRA, GOA, KARNATAKA, MADHYA PRADESH, CHHATTISGARH, TELANGANA, ANDHRA PRADESH AND THE UNION TERRITORY OF DIU, DAMAN AND SILVASA FOR RECEIPT, STORAGE, HANDLING AND DELIVERY OF BULK BITUMEN (Grade VG 30).

e-BID NO. BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016.

(Published on: 21.07.2016)

Bid Name: e-Bid is invited for hiring tankage and allied facilities in the states of Gujarat, Maharashtra, Goa, Karnataka, Madhya Pradesh, Chhattisgarh, Telangana, Andhra Pradesh and the Union Territory of Diu, Daman and Silvasa for receipt, storage, handling and delivery of Bulk Bitumen (Grade VG 30).

System no 14908

Pre-Bid Meet

Eligible Bidders are invited to a pre-bid meeting for clarifications on Bid conditions and e-bidding process on 28.07.2016 at 02.30 pm at Mumbai at : Territory Manager (I&C) Bharat Petroleum Corporation Ltd., 4TH floor, North Block, BPCL Refinery, MAHUL, MUMBAI- 400074 TEL NO: 022-2553 3428; 2552 4418.

Due Date for Submission of Bid:

11.08.2016 by 2:00 pm

Bid Opening on: 11.08.2016 at 3:00 pm

Period of Contract: 4 to 6 months from the date of commencement of operation in the terminal tanks with an option for extension up to 3 months on the same rates, terms & conditions at the sole discretion of BPCL.

Earnest Money Deposit (EMD)

Rs.1,00,000/- (Rupees One Lakh Only) in the form of Demand Draft drawn on Bharat Petroleum Corporation Ltd, Mumbai.


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Bid Fee Rs.1150/- (Rupees One thousand one hundred fifty only) in the form of Demand Draft drawn on Bharat Petroleum Corporation Ltd, Mumbai.

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

4TH FLOOR, NORTH BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

TEL NO: 022-2553 3428; 2552 4418.


e-BID NO. BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016. 1. Eligible bidders are invited to submit their offer in a two-part bid for subject e-Bid. 2. Please visit our website https://bpcleproc.in for participating in the e-Bid and submit your Bid online. For viewing / downloading the Bid document (non transferable), please visit our website https://www.bharatpetroleum.in/tender/view-tenders.aspx 3. The Bid consists of the following documents to be submitted on-line.

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

4. Bid Document will not be available for purchase from any of our offices. 5. Bid Document fee of Rs 1,150/- (incl. Service tax) is payable.

6. EMD of Rs 1 Lakh shall be refunded after placement of work order and its acceptance by successful bidder. Bidders shall provide Bank Details of their Banker as per our format. 7. Non-submission of EMD/Bid fee before the due date & time of e-Bid shall entail disqualification unless exempted for the parties as per Bid condition. EMD shall be refunded to unsuccessful bidders. 8. The DD/Pay Order for EMD/Bid Document Fee should be in favour of Bharat Petroleum Corporation Ltd. payable at Mumbai drawn on any of the Scheduled/ Nationalized Bank. 9. As per order issued by “Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centre or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted

https://www.bharatpetroleum.in/tender/view-tenders.aspx


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from paying Bid fees and Earnest Money Deposit. Such bidders must produce a Notarized copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. 10. Bidder is advised to refrain from submitting any false, forged documents, the penalty for which shall be termination of contract and forfeiture of EMD /SD submitted. In case the bidder is not able to provide facilities as sought within the stipulated period of issuance of LOI, the EMD/SD shall be forfeited. 11. Bidder is also advised to go through the Bid documents carefully and understand the terms and conditions completely before quoting. 12. In case of duplication of any clause given in this document or in “General Contract

Conditions” (Attachment-7), clauses given in this document under clause 4: “Special Terms and

Condition” are treated to be valid.

13. The estimated quantity of works is only indicative. BPCL does not commit or guarantee any minimum volume of business. 14. The online portion of the Bid shall have to be submitted through the e-procurement system on https://bpcleproc.in as per table below. 15. Additionally, it is mandatory for the bidders to submit the following documents, as given in the table, in physical form to the Territory Manager (I&C) Mumbai in a sealed envelope at the following address: Territory Manager (I&C) Bharat Petroleum Corporation Ltd.,

4th Floor, Old Admin Block, BPCL Refinery, Mahul, Mumbai 400074.

Sr. No.

Particulars Submission on line

Submission of physical documents as part of Tech bid.

1 Bid fee of Rs 1150/- by DD √ √

2 EMD of Rs 1,00,000/- by DD √ √

3 MSE registration certificate (as applicable) √ √

4 Hiring tankage agreement as Annexure-1 √

5 Integrity Pact as Annexure-2 √

6 Product Specification as Annexure-3 √

7 Particulars of Bidder as Attachment-1 √

8 Particulars of Storage tanks / allied facilities offered as Attachment-2

√

9 Bidder’s Covering Letter as per Attachment-3 √

10 General Irrevocable Power of Attorney as per Attachment-4

√

11 Details of relationship with BPCL Directors as per Attachment-5

√

12 Bank Guarantee as per format as per Attachment-6 √

13 Holiday Listing declaration as per Attachement-7 √

https://bpcleproc.in/


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14 General Contract Condition as Attachement-8 √

15 Self attested copy of the Income Tax Returns for the last two financial years.

√

16 Self attested copy of Profit and Loss statements of preceding two years’ of audited annual report audited by CA.

√

17 Self attested copies of Trading License or Firm / Company Registration Certificate.

√

18 Self attested copies of Partnership Deed or Certificate of Incorporation.

√

19 Self Attested copies of work order(s)/contract(s)/agreement(s) and work completion certificates for handling similar job experience in Petroleum and/or Bitumen and/or Bituminous products.

√

20 Self attested copies of PAN, PF, ESIC, Sales Tax, Service Tax Registration certificates

√

21 Notarised copies of Statutory documents (Terminal Layout, Registration certificate, Explosives/PESO licence, Central Excise/Customs Registration, Factory Licence, Pollution control certificate, Valid tank calibration certificates & charts, Port clearances / permissions, ISO Certificate, DG Shipping Regn. etc., as applicable

√

16. The submission of online bid as well as submission of above physical documents shall be upto 02:00 pm on 11.08.2016. 17. Bids submitted after the due date and time of closing of Bid (i.e. after 02:00 pm on 11.07.2016) 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. 18. The sealed envelope (with Bid No. super-scribed) containing the EMD, Bid Fee or Entrepreneurship Memorandum II certificate(only for those seeking exemption) should reach at above office before the due date and time of the Bid. 19. Price Bid (to be submitted online) shall be opened only for those Bidders whose credential bid / technical bid is found acceptable as defined in Bid document. The schedule of Price Bid opening will be advised separately to the Bidders who qualify in the credential / technical bid. 20. The Bid document with detailed terms and conditions is also available on our website https://www.bharatpetroleum.in/tender/tender.aspx, but the submission of Bid is allowed only through the e-procurement system on https://bpcleproc.in. 21. As a pre-requisite for participation in the Bid, Bidders are required to obtain a valid Digital Signature Certificate (signing & encryption) of Class II/IIIB and above as per Indian IT Act from the licensed Certifying Authorities operating 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 Bidder. In case any Bidder so desires, he/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd.,


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(ETL) at their contact nos. in Ahmadabad: 079-40016868 or Mr. Ajay Nandangi, Mumbai (Mobile: 8433615195) for obtaining Digital Signature Certificate. 22. SUBMISSION OF E-BID DOCUMENTS: Directions for submitting online offers, electronically, against e-procurement Bids directly through internet: i. Bidders are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest. ii. 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 Bid and no other time shall be taken into cognizance. iii. Bidders are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the due date and time of bid. If the bidder 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. iv. Bidders submitting / uploading the on-line Bid documents thru’ digitally signed certificates shall be construed as their complete agreement with the terms & conditions and that they have fully understood the Bid documents. v. Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date / time of Bid. Hence, no bid can be submitted after the due date and time of submission has elapsed. vi. Bidders shall submit price bid only through e-bidding and no physical documents with respect to price bids should be submitted. In case Bidder submits such physical documents for price bids, the same shall not be considered. 23. In case of any clarification pertaining to e-procurement (e-bidding) process, the bidder may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., (ETL) at their contact nos. in Ahmadabad: 079-40016868 or Mr. Ajay Nandangi, Mumbai (Mobile: 8433615195). 24. CONTACT PERSONS :

S.no Contact person (s) To be contacted for

1 Shri. Shantanu Consul No.9, MCHS (IAS Officer’s Colony), 16th Main, 5 th C Cross, BTM 2nd Stage, BANGALORE – 560 076. Email id – [email protected] Mobile – 09740069318

For Complaints only

2 Shri J K Bhat, Chief Manager, I&C, Mumbai,

For all other clarifications / details regarding this Bid on


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Bharat Petroleum Corporation Ltd., Bharat Bhavan I, Currimbhoy road, Ballard Estate, Mumbai 400001 e-mail : [email protected] Tel:022- 22713423 / Mob:+91 9820804250

any working day (Monday to Friday) between 10 a.m. and 4.30 p.m.

25. Please note that Corrigendum / Addendum to this Bid, if any, shall be published only on our websites https://www.bharatpetroleum.in/tender/view-tenders.aspx and https://bpcleproc.in. 26. BPCL reserves the right to withdraw or cancel this Bid in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the Bid process. Thanking you, Yours faithfully, for BHARAT PETROLEUM CORPN. LTD., Territory Manager (I&C), Mumbai

mailto:[email protected]

tel:022-



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e-BID NO. BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016. 1.0 COMPANY INTRODUCTION 1) Bharat Petroleum Corporation Limited (BPCL), a Public Sector Enterprise is engaged in the business of refining and marketing of petroleum products registered under Companies Act, 1956 and having its registered office at 4 & 6, Bharat Bhavan, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 2.0 e-BID NO. BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016. BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a Public Sector Enterprise, invites Bids through e-Bid under Two-Bid System for Hiring Tankage and allied facilities in the States of Gujarat, Maharashtra, Goa, Karnataka, Madhya Pradesh, Chhattisgarh, Telangana, Andhra Pradesh and the Union Territory of Diu, Daman and Silvasa for Receipt, Storage, Handling and delivery of Bulk Bitumen (Grade VG 30) for a period of 4 to 6 months from the date of commencement of operation in the terminal tanks with an option for extension upto 3 months on the same rates, terms & conditions at the sole discretion of BPCL. The commencement of operation in the terminal tanks shall tentatively start from October/November 2016. 2.1 e-BID DOCUMENTS: 1) As a pre-requisite for participation in the Bid, Bidders are required to obtain a valid Digital Signature Certificate (signing & encryption) of Class II/III B 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 Bidder. In case any Bidder so desires, he/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., (ETL) at their contact no. in Ahmadabad: 079-40016868 or Mr. Ajay Nandangi, Mumbai (Mobile: 8433615195) for obtaining Digital Signature Certificate. 2) The Bidders having valid Digital Signature Certificate and Login ID can download the Bid from the website (https://bpcleproc.in). The downloaded documents once read carefully


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have to be uploaded by the Bidder under their Login ID duly certified with Digital Signature Certificate, in token of acceptance of all Bid terms and conditions there-in. 3)The Bid documents can also be downloaded from BPCL website, https://www.bharatpetroleum.in/tender/tenders.aspx The submission of Bid is allowed only through the e-procurement system on https://bpcleproc.in 4) Bidder shall pay Rs. 1,150/- (Rupees One Thousand one Hundred Fifty only) as Bid Fee by Demand Draft (Non-refundable) drawn on any Scheduled Bank payable at Mumbai 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. 5) As per order issued by “Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying Bid fees and Earnest Money Deposit. Such bidders must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. 2.2 ESTIMATED QUANTITY: 1. The estimated quantity required to be received, stored and delivered under this Bid is 80,000 MT for appx period of 4 to 6 months. 2. The 1st placement in the tanks is tentatively expected during October/November 2016. 3. Corporation does not guarantee any minimum business and the estimated quantities given above are only indicative. 2.3 EARNEST MONEY DEPOSIT (EMD): Bidder shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per Bid by Demand Draft drawn on any Scheduled Bank payable at Mumbai in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under Para 5.2 below. Bids received without EMD shall not be opened in the system and summarily rejected. 2.4 SUBMISSION OF BID: 1) The Bidder should download the Bid document from e-procurement system on https://bpcleproc.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://bpcleproc.in

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

3) It is also mandatory for the Bidder to submit the DD/Pay order for EMD, Bid Fee and MSE registration certificate (if applicable) to be inserted in envelope as a part of submission of

https://www.bharatpetroleum.in/tender/tenders.aspx


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physical document. The envelope is to be sealed and super scribed with the Bid No. and words “EMD / TENDER FEE”. The envelope is to be dropped in the Tender Box kept at the office of the Territory Manager (I&C), Mumbai at the address given above. 4) The due date & time for submission of online bids as well as submission of documents in physical form is 02:00 pm on 11.08.2016. 5) Offers may be submitted by: i. Proprietorship firms / Individuals who are Indian citizens, who have attained the age of majority; or

ii. Partnership firm consisting of Indian citizens; or

iii Co-operative society of which all the members are Indian citizens; or

iv Company duly registered under the Companies Act, 1956 provided they comply with the conditions contained hereinafter. 2.5 LOCATION, SCOPE OF WORK & PERIOD OF CONTRACT: 1) e-Bids are invited from eligible Bidders for providing/offering storage tanks & allied facilities

in the States Of Gujarat, Maharashtra, Goa, Karnataka, Madhya Pradesh, Chhattisgarh, Telangana, Andhra Pradesh and the Union Territory Of Diu, Daman and Silvasa for receiving, storing, handling and loading of Bulk Bitumen (VG 30) in trucks.

2) Storage tank facilities offered by Bidder should consist of valid calibration of minimum total

safe capacity of 200 MT suitable for storing Bulk Bitumen and related / auxiliary facilities / infrastructure such internal lines, heating arrangement, pumps, truck unloading points / truck loading gantry facilities etc., (the minimum truck capacity for unloading or loading would be 10 MT) required for receipt, storage, handling and delivery of Bulk Bitumen in to trucks to various locations/customers. BPCL at its discretion may select one or more tanks at one or more location(s) based on the requirements and economics.

3) The period of contract shall be for a period of 4 to 6 months, commencing from the date

of 1st placement and shall be extendable for a further period up to 3 (three) months at Corporation’s sole discretion at the same rates, terms & conditions. The 1st placement shall be tentatively in the month of October/November 2016.

2.6 MINIMUM QUALIFICATION CRITERIA: Bidders who fulfil the following minimum qualifying criteria may submit their bids against this Bid:

i) The Bidder should possess experience in handling of Petroleum and/or Bitumen and/or Bituminous products.

ii) The Bidder should provide dedicated storage tank/s of minimum 200 MT storage capacity suitable for receipts, storage and delivery by road for Bulk Bitumen (VG 30) at their terminal

iii) The Bidder should have a positive net worth of their firm in each of the financial year during the last 2 years ending 2015/16

2.7 SIGNING OF AGREEMENT: Each successful Bidder will have to sign an Agreement, herewith termed as ‘Terminalling / handling service agreement” as per the drafts attached as Annexure-1 of the Bid document. The period of agreement with successful Bidder would be 4 to 6 months from the date of


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commencement of operation in the terminal tanks with an option for extension upto 3 months on the same rates, terms & conditions at the sole discretion of BPCL. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per clause no. 21 of this Agreement.

2.7.1 SIGNING OF INTEGRITY PACT: 1. The Bid document must accompany with the Integrity Pact (IP) duly signed by the Bidder as per Annexure-2. a) The Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents 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. b) If the Bidder has been disqualified from the Bid 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 Deposit as per provisions of the Integrity Pact. c) If the contract has been terminated accordingly to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract accordingly to the 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. d) Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor. The name/address/contact numbers of Independent External Monitor (IEM) appointed to oversee implementation is given below: Shri. Shantanu Consul No.9, MCHS (IAS Officer’s Colony), 16th Main, BTM 2nd Stage, BANGALORE – 560 076. Email id – [email protected] Mobile – 09740069318 2.7.2 HOLIDAY LISTING: Bidders should submit a declaration (on the bidders letter head) to the effect that they are not currently serving any Holiday Listing orders issued by BPCL/MOPNG debarring them from carrying on business dealing with BPCL/MOPNG or serving a banning order by another Oil PSE. Offers/Bid not accompanied with a declaration shall be incorporated in rejection criteria. The guideline and procedure for Holiday Listing are available separately in BPCL website and shall be available in the context of all Bids floated and consequently all orders/contracts/purchase orders. It can be accessed using the following link: https:bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf. 2.8 e-BID OPENING:


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1) The due date and time of opening of Bid documents (technical documents submitted in e-bidding & documents submitted in physical form) is as specified in NIT, which is 11.08.2016 at 02:00 pm. 2) On-line credential / technical bids of only those Bidders shall be opened who have submitted physical documents (ie Bid fee, EMD /or MSE registration certificate (if applicable) as mentioned in Para 5.2 below. If any Bidder fails to submit the physical documents before due date/time of Bid opening, their on-line bids shall not be opened and the bid shall be considered as rejected. 3) The Bidder can also witness the Bid opening through e-procurement (e-bid) system on https://bpcleproc.in IMPORTANT: a. It is mandatory that, before closure of the Bid at 02:00 pm on 11.08.2016, the Bidder should submit the applicable documents in physical form as specified under Para 5.2 below. b. Bidders shall submit Price Bids only through e-bidding and no physical documents shall be submitted. c. All revisions, clarifications, corrigendum, addenda, time extension, cancellation etc., if any, shall be hosted on https://www.bharatpetroleum.in/tender/view-tenders.aspx and https://bpcleproc.in only. Bidders / Bidders should regularly visit these websites to keep themselves update. 2.9 OPENING OF PRICE BID: 1) Price Bid (to be submitted online) shall be opened only for those Bidders whose credential bid / technical bid is found acceptable as defined in Bid document. 2) The Bidders meeting Minimum Qualification Criteria will only be considered for opening of price bids after evaluation of Technical bids of all participating and valid Bids. After scrutiny of the technical bids, the eligible Bidders shall be notified regarding date and time. 3) The schedule of rate for the price bid will be as per clause 5.3 of this Bid documents.

4) The price bid will be opened only through the e-procurement system on https://bpcleproc.in 5) The price bid 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 Bid in part or in totality, or to negotiate with any or all the Bidders, or to withdraw/ cancel/ modify this Bid without assigning any reason whatsoever. 3.0 PARTICIPATION: i) Bidders are requested to view / download the Bid document from the website https://www.bharatpetroleum.in/tender/view-tenders.aspx and go through the same carefully. The eligible Bidders meeting the minimum qualification criteria may participate. ii) If it is found that the Bidder has applied although he/she was not eligible as per conditions laid down in minimum qualification criteria of this Bid or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material fact about facilities etc.


https://bpcleproc.in/

http://www.bharatpetroleum.in/tender/view-tenders.aspx


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whether at the time of application or at the time of execution of agreement, the Bid/ 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 SPECIAL TERMS & CONDITIONS: In case of duplication of any clause given in this document and in “General Contract Conditions”

(Attachment-7), clauses given under, 4.0 (special Terms and conditions) will override.

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 Bid. The Bidder 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, IOC or HPC or any officer in the State or Central Government, and who are working with the Bidder 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 Bidders part entitling BPCL to all rights and remedies available thereof including termination of contract. 2) All rates quoted should be both in words and figures. In case of any difference between the two, the rates quoted in words shall be considered as final and authentic. Also the rates should be quoted in the same units as mentioned in the Bid schedule. 3) In case it is observed that all the Bidders or a group of Bidders have quoted in cartel, BPCL reserves the right to reject some or all the bids of the Bidders who have quoted in cartel, without assigning any other reasons for the same. 4) Rates quoted would be valid and binding on the Bidder for 180 days from the date of opening of Price Bid unless extended by mutual consent in writing. During the validity period, Bidder 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 Bid is accepted and work awarded, the rates will be valid for the entire contractual period. 5) Accepting offers at any location and hiring of tankage capacity is at the sole discretion of BPCL. BPCL at its discretion may select one or more tanks at any given location based on the requirement and economics. Further, BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever to: a. Negotiate with any or all Bidder/s. b. Distribute the work among Bidder/s. c. Reject any or all Bids either in full or in part. 6) The Bidder should study all the operational aspects of the job and must fulfil the safety, security, environmental, and any other statutory regulations/requirements for receipt, storage, handling and delivery of the products. Bidders would be presumed to have acquainted themselves with the working conditions of the job, the scope & nature of all the Bulk Bitumen handling activities before submission of the Bid.


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7) Bids not meeting the Bid 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 Bidders and decision of BPCL in this respect will be final and binding. 8) Incomplete or conditional offer and those with counter condition to the prescribed terms and conditions of the Bid documents are liable to be rejected. 9)The estimated quantity for contract job mentioned in the Bid document is only indicative and the actual quantity may vary. BPCL does not guarantee any minimum quantity during the contract period. 10) Bidder should submit all the details and enclosures as has been asked for in the Bid form. In case any of the information is not applicable to the Bidder, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for shall be a ground for rejection of Bid. 11) If multiple tanks are offered by the party BPCL will have an option of surrendering of tanks

as and when product is evacuated fully and thereafter the payment will be made for the balance

tanks used by BPCL.

12) The following words appearing in this document will have the same meaning-

“Service provider” and “successful bidder”

“Terminal ling Services” and “Hiring tankage and allied facilities for receipt, storage, handling and delivery of bulk bitumen (Grade VG 30)”

“Bidder” and “Tenderer”

“Bid” and “Tender”

4.2 TECHNICAL BID REQUIREMENT: a. Financial Capability:

The Bidder should have a positive net worth of their firm in each of the financial year during the last 2 years ending 2015/16 The Bidder should submit the audited balance sheet, Profit & Loss sheet and income statements

for the preceding 2 (two) years to demonstrate the current soundness of the applicant’s financial

position. The Bidder should have a positive net worth of their firm in each of the financial year

during the last three financial years ending 2015/16

Documents to be submitted for item (a):

i. Attested copies of the audited balance sheet/profit and loss account duly certified by

Chartered Accountant with his membership number clearly specified in support of the

analyzing net worth for the preceding two years ending 2015/16 and

ii. Copies of Income tax return for the last two financial years ending 2015/16.

b. Job experience:

The bidder should possess experience in handling of Petroleum and/or Bitumen and/or Bituminous products


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Documents to be submitted for item (b):

i. Self attested copies of work order(s)/contract(s)/agreement(s) and work completion

certificates.

If the documents are in language other than English, Translated (in English) copy/copies of the

work order/contract(s)/agreement(s)/work completion certificates duly Notarized must also be

submitted. Please note above details must indicate the date of commencement and date of

satisfactory completion of work(s).

c. Statutory licences / approvals:

The Bidders should have approved & valid statutory licences / approvals / documents /

certificates pertaining to the storage terminal / facilities and operations viz., Calibration

certificate of tanks, Layout drawing of the premises, PAN card, Pollution Control clearance, PF

Regn., Service Tax Regn., ESIC, Factory Licence, Shops and Establishment, Insurance etc. (as

applicable)

d. Facilities: The Bidders should have the following facilities at the location Bided for-

i. TANKS:

The Bidder should provide dedicated storage tank/s of minimum 200 MT storage capacity suitable for receipts, storage and delivery by road for Bulk Bitumen (VG 30) at their terminal. The Bidder is free to offer tankage storage capacity beyond minimum 200 MT also. The tanks should have adequate heating facilities to maintain the product in homogeneous and

flowing condition at all times. The tanks should also have re-circulation facilities.

Self attested copy of valid calibration charts of the tanks offered shall be submitted. If at the time

offer, heating facilities are not available, undertaking should be submitted to complete the proper

heating arrangements within a period of one month from the date of award.

ii. UNLOADING POINTS:

The Terminal should have truck unloading facilities for unloading bulk bitumen trucks for

receipt/storage/distribution.

iii. PIPELINES:

The terminal should have exclusive dedicated lines from truck unloading points to storage tanks

and from storage tanks to truck loading gantry with proper insulation/heating arrangements.

iv. PUMPS:

Terminal should have pumps with suitable capacity ratings & with standby pumping

arrangements to unload and load trucks under any weather conditions.

v. TT GANTRY:

The terminal should have suitable facilities for loading tank trucks (truck capacity 10 MT to 30

MT) with adequate no. of bays. The truck unloading and loading facilities provided should be

adequate to handle volume allocated under this tender within 30 days.

vi. WEIGH BRIDGE:


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The terminal should preferably have Weigh Bridge of adequate capacity or should have

arrangement with nearby approved weigh bridge.

vii. DG POWER BACK-UP:

Generator power back-up of adequate capacity for 24 x 7 operations (PESO licence if

applicable).

viii. PARKING FACILITIES:

Terminal should have adequate truck parking facilities within terminal area / secured parking.

NOTE :

It may please be noted that:

The Bidder is free to offer facilities at multiple locations also.

The decision of BPCL for selection/rejection of location and capacity to be hired will be final. After selection of locations, the price bid will be opened/ considered only for those locations selected by BPCL for hiring the tankages including allied facilities. 4.3 INSTRUCTIONS TO BIDDERS: 1. Bidders are requested to study the Bid documents/Annexure/Attachments carefully and understand the requirements, conditions etc., before quoting. Offers should be strictly in accordance with the Bid terms and conditions. 2. All the terms and conditions (Special and General Contract Condition) mentioned in the Bid

document, along with all Annexure/Attachments, shall form part of this Bid.

3. No deletion or overwriting in the documents is permitted. Corrections, if any, should be

attested under the full signature of the bidder.

4. Bids submitted after the due date and that not in conformity with the prescribed terms and

condition and specification are liable to be rejected. BPCL shall take no responsibility for

documents received after last date and time due to delay or any other reason and no claims on

this account shall be entertained.

4.4 EVALUATION / RANKING OF THE BIDDERS:

a. This e- Bid is floated in two bid system i.e. technical bid & price bid. Initially, the technical bids will be opened on scheduled time and date and will be evaluated on the minimum qualification criteria’s as mentioned in para 2.6, besides meeting other Bid guidelines.

b. During the course of evaluation of technical bid, BPCL at its discretion may select one or

more locations offered / one or more tanks at any given location based on the requirement and considering the logistics cost involved in ultimately reaching the product to the customer/ market. However, the decision of BPCL for selection/rejection of location and capacity to be hired will be final.

c. Price bids of only technically qualified Bidders, based on technical evaluation (as per clause

4.4 b above), will be opened on a notified time and date which will be communicated only to technically qualified Bidder.


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d. The bidder who has offered lowest overall rates in INR per MT will be ranked as L1 bidder.

Similarly on the basis of overall rates in INR per MT quoted in the price bid, L2 , L3, ……. Bidders will be ranked in the ascending order.

e. For the locations/ tankage facilities offered by L1 bidder(s), BPCL will, based on their discretion hire one or more location(s) / one or more tankage(s) at any given location. If the L1 Bidders are more than one at a given location(s), then the allocation of tankage for the locations amongst L1 Bidders will be on equitable basis.

f. In case, rates offered by the L1 Bidder(s) for any/each of locations are on the higher side, negotiations/ counter offer will be carried out with such Bidder(s). Tankages offered by these Bidder(s) will be allocated at the revised rates accepted during the negotiations/counter offers. BPCL reserves the right to negotiate with all bidders for such location(s).

g. In case of the tankage offered by L1 Bidder(s) for location is not meeting full requirement, then

the finalized L1 rates would be offered to all the remaining Bidder(s) and based on their ranking and acceptance of finalized L1 rate, tankages would be accepted at above rates till the total requirement of tankage is met.

h. In spite of the exercise as above, if, the full requirement of tankage for any/each of the location

is not met, then negotiations / counter offer exercise will be continued with the other Bidders in order of their ranking till full requirement of tankage is met.

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

The above provision will be subject to MSEs quoting price within price band (L- 1+15%); i.e. L-1 plus 15 % and bringing down their price to L-1 in a situation where the L-1 price is from someone other than an MSEs. In case of more than one such MSEs, the supply shall be shared proportionately from the MSEs party. Necessary certificate issued by Authorized body under the Ministry of Micro, Small & Medium Enterprises shall be valid as on the date of opening of the Bid. All the technical specifications / techno commercial terms and conditions and the pre qualification criteria are also to be fulfilled by the MSEs. In the event of failure of such Micro and Small Enterprises to participate in Bid process or meet Bid requirements and L-1 price, the total quantity shall be distributed amongst non MSE bidders as above. The percentage being ear marked for MSE and MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs will be on the total allocation for each of selected locations under this tender.

Clarifications if any, on this matter is to be obtained from our office. 5) Bidders should quote rates Rs per MT (INR) strictly as per the price bid schedule. 6) BPCL reserves the right to reject the Bid application of a Bidder, based on BPCL’s experience with them on their past performance.


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4.5 EARNEST MONEY DEPOSIT (EMD): 1) Bidders 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 Mumbai in a separate envelope marked “EMD - Bid No.: BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016 along with the physical documents as stated in Para 5.2 below. Bid 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 Bid with such stipulation will be treated as without EMD and shall be rejected. 3) A cash receipt will be issued for the EMD and the Bidder should retain the cash receipt for obtaining refund. 4) No interest shall be payable on EMD. 5) EMD is liable to be forfeited, if the Bidder 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 Bid, or if the Bidder does not furnish the required security deposit, or if the Bidder is unable to offer the terminal / facilities to BPCL as per the conditions of the Letter of Intent/award of contract. 6) EMD would be refunded only after finalization of the Bid. While claiming refund, the original Cash Receipt issued by the BPCL must be surrendered. In case the Cash Receipt is lost / misplaced, an Indemnity Bond in specified proforma supplied by BPCL is to be submitted on non-judicial stamp paper of appropriate value (at Bidder’s cost), duly notarized. 7) As per the order issued by “Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises (MSEs) order 2012”, those who have registered with the Director of Industries Centres or Khadi & Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handlooms or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying the Bid fees and Earnest Money Deposit. Such Bidders must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail the exemption. 4.6 NEGOTIATIONS: 1) The Corporation reserves the right to negotiate with any or all the Bidders. In such an event, BPCL shall invite the Bidders for negotiations solely at Bidders 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 Bidder/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. 3) No bidder shall be allowed to counter offer rates lower than the L1 rate.


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4) Any offer received from the bidder without being asked by the Corporation shall be treated as unsolicited offer from bidder and same shall be rejected summarily. Similarly, any offer received after due date and time stipulated by Corporation, shall not be considered. 5) Originals of the documents submitted as copies and the documentation to substantiate statements made in the Bid document are to be produced for verification by the BPCL during negotiations or at any other time at the discretion of BPCL. 4.7 SECURITY DEPOSIT (SD): 1) Successful Bidders will be required to furnish SD within 15 (fifteen) days of issuance of LOI/ Work Order in a standard format as per Annexure 6. 2) The Service Provider shall submit / provide to the Principal a Security Deposit of minimum ` 10,00,000/- (Ten Lakhs only) or Rs 1000/- (one Thousand only) per MT of tankage capacity offered, whichever is higher by way of a Bank Guarantee issued by a Scheduled Bank and as per the stipulated format. 3) Interest is not payable on SD. This shall be applicable on the extension period of the contract also. In case of revision in the BG format, the same shall be complied with by the successful Bidder. 4) 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 service provider under this contract or deposits made by or payments due to the service provider under any other contract with BPCL. 5) Security deposit would be refunded after six months of expiry of the contract on written request from the Contractor and subject to fulfilling all terms and conditions of the contract. 6) Successful Bidder will be entrusted with the contract work only after signing of Agreement and providing to us the Bank Guarantee towards Security Deposit. 7) In the event of the Bidder failing to perform any of his obligations as specified in this Bid document, the Company at its discretion may obtain the services of other service providers and recover the charges incurred from the Bidder’s Security Deposit and the Bidder shall be liable to fully reimburse Company all additional expenses so incurred by the Company and besides compensate the Company for any consequential loss arising out of the Bidder’s default. 4.8 CONTRACT PERIOD: Unless otherwise specified or agreed to, the contract shall be awarded for a period of 4 to 6 months with option for extension up to 3 more months at the sole discretion of BPCL on the same rates, terms and conditions. The company reserves the right to foreclose the contract by giving 30 days notice to the Bidder. 4.9 EXECUTION OF AGREEMENT / INTEGRITY PACT: 1) Successful Bidder/s will be required, before undertaking the contract, to execute the Agreement as per Annexure 1, in requisite stamp paper, within 15 (fifteen) days of the date of issue of the LOI and should physically have the terminal / facilities ready in all respects for undertaking the job.


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2) Bidders are advised to carefully scrutinize the specimen set of Agreements, Integrity Pact attached with Bid documents / downloaded from our website before submitting their Bid and same should be submitted in origin once job is awarded. 3) When the person signing the Bid 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 / Integrity Pact and/ or furnish required Security Deposit and / or not having the terminal / facilities ready in all respects within 15 (fifteen) days of issue of LOI may render the Bidder 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 Bid, Guidelines for Bidders, Bid Terms & Conditions, Declarations, Agreement and other documents furnished with the Bid and related correspondences shall form part of the contract. 4.10 SCOPE OF WORK: HIRING OF TANKAGES FOR BULK BITUMEN RECEIPT,

STORAGE AND DELIVERY: The scope of work broadly covers necessary arrangements for: a) To receive Bulk Bitumen in the their terminal from the loaded trucks arranged by BPCL from

BPCL’s Mumbai Refinery or any other location as specified from time to time, by unloading in the nominated tanks.

b) Each Tank Truck shall carry Quality certificate issued by Mumbai Refinery. Successful bidder to maintain a record of the same and deliver the same quality material to BPCL. Successful bidder to get the product tested at NABL laboratory once the tank is full and before delivery at his own cost. Successful bidder shall draw a sample of Bulk Bitumen from all the storage tanks during operation, once in a fortnight, test in an NABL approved lab at their own cost and provide the test report to BPCL (immediately on receipt of the report) for scrutiny by BPCL and / or for their (BPCL) records. Additionally, Successful bidder shall maintain record of all these test reports and produce the same whenever demanded by BPCL.

c) To maintain the product in homogeneous and flowing condition at all times by providing

adequate heating facilities (about 130 - 140 degree centigrade). d) To load Bulk Bitumen into trucks nominated by BPCL / Customer to various

locations/customers as per advise from BPCL officers. e) To provide adequate Office Space with internet / Computer / Dot Matrix Printer for preparing

SAP Invoices / Other receipt despatch documentation, along with space for storing samples. f) To generate documentation for receipt and supplies as per guidelines from BPCL in the SAP

system. g) To account day to day activities/business and month end activities in SAP. h) To maintain and Send MIS report to BPCL officials.


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i) To comply with various govt / statutory bodies requirement like maintaining valid licences, filing returns and reports.

j) To engage adequate manpower to carry out the above job. a) Receipt of product from nominated Trucks:

Successful bidder shall arrange to receive the Bulk Bitumen Product from the Tank Trucks, carrying BPCL invoice, as specified by BPCL officials from time to time. The receipt of the product will be on the basis of weighment of each tank truck at the storage location. In case of any shortage observed as compared to invoiced quantity, the difference thus established must be written on the face of the invoice and duly signed by driver of the truck and successful bidder’s representative for processing by BPCL.

b) Storage in the designated tanks:

i. Successful bidder will be responsible for storage of Bulk Bitumen in the designated tanks and its safe handling.

ii. Successful bidder to maintain the product in homogeneous and flowing condition at all times by providing adequate heating facilities (about 130 - 140 degree centigrade).

iii. Successful bidder will maintain the facilities and the Terminal in good order and in good

working condition at all times.

iv. Successful bidder will ensure that all laws, statutory requirements and regulations from time to time being in force, relating to facilities will be complied with and obtain the necessary permits, licenses and approvals to carry out Successful bidder obligations. Successful bidder shall certify in writing directly or through its authorized representatives / surveyors, cleanliness and fitness of the storage tank, pipelines and other facilities, only after which Successful bidder shall store the Product.

c) Delivery of the product into Trucks.

i. It is the responsibility of successful bidder to deliver the entire quantity received in the nominated tanks to BPCL basis weighment of each of the trucks received. No claims from successful bidder shall be entertained on account of losses while operating / handling of product. Any claim shall be made good by successful bidder to BPCL, if there are any losses. In case of any gain, no credit will be given to the Operator / successful bidder.

ii. Delivery of Bulk Bitumen into Trucks nominated by BPCL / Customer and specified as per

schedule given by BPCL by making use of successful bidder’s loading facilities and manpower.

iii. Co-ordinate with BPCL’s representative for loading of Product for BPCL Customer.

successful bidder will load Trucks as per priority decided by BPCL’s authorized representative.

iv. Successful bidder shall have Weigh Bridge of suitable capacity (40 MTs minimum)

preferably at his premises or arrangement with nearby approved weigh bridge operator for weighing Bulk Bitumen Trucks before & after loading product for capturing Tare & Gross Weight for arriving at the net qty loaded;


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v. Successful bidder has to prepare documents / Invoices in BPCL SAP system. The Printed

stationary will be provided by BPCL.

vi. Successful bidder should keep various registers, record namely : in out register, truck/product receipt documents, sales/invoices copies, daily movement register, daily loss/gain accounting

vii. Bid should adequate nominated space for parking the tank truck.

d) Quantity assessment / Product Losses:

1. It is the responsibility of successful bidder to deliver the entire quantity received in the nominated tanks to BPCL basis weighment of each of the trucks received. No claims from successful bidder shall be entertained on account of losses while operating/handling of product. Any claim shall be made good by successful bidder to BPCL, if there are any losses. In case of any gain, no credit will be given to the Operator / successful bidder.

2. The Bidder agrees that the actual loss of product in storage and handling at the terminal shall not exceed the following norm during the Term of the Agreement :

Permissible loss for Bulk Bitumen is “NIL” on monthly volume handled quantity ( i.e., Opening stock + Receipts – Deliveries). Any losses shall be recovered from the service provider’s from his monthly bills. Service provider will compensate BPCL for the product value lost at average selling price of Bulk Bitumen for the month as applicable to Mumbai Refinery.

In case there is a gain in the product at the end of the month the same will be taken as BPCL stock.

3. Product accounting to be done on daily basis to assess loss/gain position. Physical dip

of the tanks and corresponding quantity to be taken and to compare with receipt and delivery of the product during the day. Any abnormal loss/ gain to be investigated immediately and critically. Daily product movement registers (DMR) to be maintained and to be produced for inspection by BPCL officials when demanded.

e) General:

i. Successful bidder will maintain records of receipts and deliveries to enable BPCL to know the stock available at any particular time.

ii. Successful bidder shall ensure that all the above Services conform to relevant

Government Regulations.

iii. Successful bidder shall employ such qualified and experienced Management and Operations staff as is required to carry out the Services in accordance with best Oil Industry practices.

iv. Successful bidder shall pay taxes as may be required under the Law in force as applicable to its establishment for rendering the Services.


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v. BPCL intends to uplift the product from the storage tanks/ locations tentatively in February’17.

vi. If multiple tanks are offered by the bidder, BPCL will have an option of surrendering of tanks as and when product is evacuated fully and thereafter the payment for subsequent months will be made for the balance tanks used by BPCL.

vii. At the time of expiry of the agreement, Service Provider shall ensure that all the stocks are reconciled to the satisfaction of the Principal. The service provider must ensure that even the dead stock is removed and loaded in tank trucks. There will be no additional cost payable by the Principal. It shall be the responsibility of the service provider to clear all the stocks and hand over at the time of expiry/termination of the agreement without delay and in reasonable time. BPCL will not be paying any charges (storage / handling etc.,) whatsoever to the Service provider after the expiry of the agreement / termination for the removal of dead stocks.

viii. BPCL shall levy detention charges on the trucks detained at the terminal for whatever reason at the rate of Rs 1000/- per truck per day.

4.11 INVOICING & PAYMENT TERMS:

The charges payable by BPCL to Successful bidder and terms of payments shall be as per the

agreed terms. Payment for the preceding month shall be made by BPCL within 15 days from

the receipt of clear bill from the Successful bidder upon successful completion of the services.

4.12 TAXES & ALL OTHER OUTGOINGS: BPCL shall pay Service Tax extra @ 15 % (or as specified by the Government from time to time) on the gross amount charged by Successful bidder for Services rendered. The percentage & amount of Service Tax shall be indicated separately in the bills by the Successful bidder. 4.13 INSURANCE:

BPCL as owner of the products stored in the Terminal shall arrange and maintain adequate

Insurance cover in respect of the quantity of products and cost of such Insurance shall be borne

by and shall be on account of BPCL.

Successful bidder shall arrange and maintain adequate Insurance cover for the facilities

provided in the Terminal as also for third party risks and Public liability in operating the Terminal.

The cost of such insurance shall be on account of the successful bidder.

4.14 QUALITY: BPCL will place the product conforming to approved specifications. Each Tank Truck shall carry Quality certificate issued by Mumbai Refinery. Successful bidder shall maintain a record of the same and deliver the same quality material to BPCL. Successful bidder to get the product tested at NABL approved laboratory once the tank is full at his own cost and subsequently before the start of loading operation. Successful bidder shall draw a sample of Bulk Bitumen from all the storage tanks during operation, once in a fortnight, test in an NABL approved lab at their own cost and provide the test report to BPCL (immediately on receipt of the report) for scrutiny by BPCL and / or for their


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(BPCL) records. Additionally, Successful bidder shall maintain record of all these test reports and produce the same whenever demanded by BPCL. Successful bidder will be entirely responsible for ensuring quality of product during storage/ contract period and in case of failure of product, BPCL recover the cost of entire product along with any other incidental expenses. 4.15 HOURS OF OPERATION:

The services to be provided by successful bidder under the Agreement shall be available to BPCL

on round the clock basis throughout the year, including Sundays/Holidays, for all the operations

and at no extra costs whatsoever to BPCL.

4.16 TITLE OF PRODUCT: Title to the Product (Bulk Bitumen) stored and / or handled hereunder shall always remain with BPCL. 4.17 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. 4.18 MISCELLANEOUS: 1) No unsolicited correspondence/ queries will be entertained while the award of the tankage hiring contract is under review/ consideration. BPCL regrets their inability to answer individual queries. 2) If any of the information submitted by the Successful bidder is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the Bid/ terminate the tankage hire contract and reserves all rights and remedies available. 3) Online submission of Bid document is a confirmation that the Successful bidders have fully read and understood the terms and conditions of this Bid and have accepted the same in toto. 4) BPCL reserves the right to reject any or all the Bids without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/Bids solely based upon the past unsatisfactory performance by the bidder/bidders in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive. 5) BPCL reserves the right to withdraw or cancel this Bid in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the Bid process. 6) 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, Bharat Bhavan, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors and assigns. 7) In the event of discrepancy in Bid conditions as stated in this Bid document and the on-line forms, the version of this Bid document shall hold good.


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5.0 GUIDELINES FOR BIDDERS 5.1 GENERAL: 1) This Bid is for hiring of storage tanks & allied facilities for receipt / storage / handling / delivery of Bulk Bitumen. 2) Bidders shall log on to the e-procurement website https://bpcleproc.in and register themselves. 3) The Bidder should download the Bid document from e-procurement system on https://bpcleproc.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 Bid and no other time shall be taken into cognizance. 5) For any further clarification, please contact Territory Manager (I&C), Mumbai at the address given above. For Bid condition clarification and e-bidding process, a pre-bid meeting shall be conducted on 28.07.2016 at 02.30 pm at Mumbai at : Bharat Petroleum Corporation Ltd., I&C Territory, 4TH FLOOR, NORTH BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074 All eligible Bidders are invited to attend the pre-bid meeting. 6) The original of documents shall have to be produced for verification before the award of contract. 7) This Bid is in 2-bid system, comprising of Technical Bid (un-priced) and Price Bid. 8) The Bid document shall be obtained / applied by the party in its own name as the Bid document is not transferable. 9) The Bid should be strictly in line with the terms and conditions. Any Bid not conforming to the terms and conditions prescribed in the Bid documents shall be summarily rejected. 10) Counter terms and conditions from the Bidder shall not be accepted. Bids with such counter terms & conditions shall be rejected. 11) All documents submitted in the system should be initialled on each page and signed with seal on the last page. Also, all corrections should be initialled. Overwriting on any Bid document shall not be accepted 12) Bid terms and conditions mentioned in the Bid should be carefully studied. The online submission of Bid by the Bidder under their Login ID is considered as a token of acceptance of the terms and conditions therein. Bidder should retain a copy of Bid document submitted online for his/her reference / record purpose. 5.2 TECHNICAL BID:


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

Sr. No.


Submission of physical documents as part of Tech bid.


2 EMD of Rs 1,00,000/- by DD √ √







√



√


√




15 Self attested copy of the Income Tax Returns for the last three financial years.

√

16 Self attested copy of Profit and Loss statements of preceding three years’ of audited annual report audited by CA.

√


√


√


√


√


√

5.3 PRICE BID:


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1) Bidder shall submit price bids online only by e-bidding through e-procurement system on https://bpcleproc.in under their login ID only. 2) Online Price Bid should be quoted for the category under S.no: 2 as given below :

Sr no Job Unit Amount in Rs

1 Hiring of dedicated Bulk Bitumen tankage for Storage including Handling

INR per month per MT of tankage offered

2 Receipt & Loading of Bulk Bitumen in tank lorries

INR Per MT

Sub Total INR

3 Service Tax @15% INR

4 Total

INR

Note: The rates to be quoted for Sr no 1 & 2 should be inclusive of associated activities like

documentation, Stock reconciliation, sampling, testing of product etc.

Technical Bid Annexure – 1

HIRING TANKAGE AND ALLIED FACILITIES IN THE STATES OF GUJARAT, MAHARASHTRA, GOA, KARNATAKA, MADHYA PRADESH, CHHATTISGARH, TELANGANA, ANDHRA PRADESH AND THE UNION TERRITORY OF DIU, DAMAN AND SILVASA FOR RECEIPT, STORAGE, HANDLING AND DELIVERY OF BULK BITUMEN (Grade VG 30) AGREEMENT.

This hiring tankage and allied facilities in the states of Gujarat, Maharashtra, Goa, Karnataka, Madhya Pradesh, Chhattisgarh, Telangana, Andhra Pradesh and the Union Territory of Diu, Daman and Silvasa for receipt, storage, handling and delivery of Bulk Bitumen (Grade VG 30) agreement (hereinafter referred to as the “AGREEMENT”) is made

at MUMBAI this _____ day of ____________, 2016 BETWEEN M/s. Bharat Petroleum Corporation Ltd., an Indian company having its registered office at 4&6 Currimbhoy Road, Ballard Estate, Mumbai – 400 001 (India) (hereinafter referred to as “Principal” which expression shall mean and include its successors and permitted assigns) collectively referred to as “PARTIES” or singularly referred to as ‘PARTY’ as the context requires.


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AND

______________________________________ (Name of the Service Provider), an Indian

company incorporated under the Companies Act, 1956, and having its registered office at

___________________________________________________

________________________________________ (hereinafter referred to as ‘the Service

Provider’ which expression shall mean and include its successors and permitted assigns);

WHEREAS

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

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

tankage and allied facilities in the state / UT of ………………for receipt, storage, handling and delivery of bulk bitumen (Grade VG 30) services.

C. BPCL has requirement for storage and handling facilities at ………………..for its products

(BULK BITUMEN – VG 30) which shall include operations such as unloading of the product from Tank trucks loaded ex its Mumbai Refinery in the dedicated storage tanks of service provider and loading in to tank trucks.

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

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

handling services of the Service Provider. F. Service Provider shall provide independent dedicated storage tanks. Service provider

should also provide truck handling services to Principal for receipt, storage, and redelivery of Principal’s Bulk Bitumen (VG 30).

G. Service Provider will receive Bulk Bitumen (VG 30) by tank truck to store in his tankages

and redeliver in tank trucks (arranged for by Principal at their own cost) on behalf of Principal, subject to and upon the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the premises and the mutual terms and conditions

hereinafter set forth, the Parties agree as follows:

1. ENGAGEMENT Principal hereby engages the services of Service Provider and Service Provider hereby

agrees to provide facilities at the Terminal for storage & handling of the products of the

Principal subject to and on the terms and conditions contained in this Agreement. The

Service Provider shall provide exclusive and dedicated tankage for storage of products of

the Principal. The detailed description of the Terminal is given in Exhibit “A” – (to be given

by the service provider).

Principal and Service Provider hereby agree and accept that Service Provider has the liberty

to provide terminalling services with the Terminal to Service Provider’s other Principals.


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Principal hereby agrees to use Service Provider’s Terminal for storage & handling of BULK

BITUMEN (the “Product”), conforming to approved specifications ( attached as Exhibit “B”-

to be given by Principal), during the validity / subsistence of this Agreement.

2 TERMINALLING SERVICES: 2.1 Facilities: It is understood by the parties that the facilities provided at the Terminal by Service Provider

shall meet Principal’s following requirements.

i. TANKS:

The Service Provider shall provide dedicated, calibrated storage tank/s of minimum 200 MT storage capacity suitable for receipts and delivery by road for Bulk Bitumen (VG 30) at their terminal. The Bidder is free to offer tankage storage capacity beyond minimum 200 MT also. The tanks shall have adequate heating facilities to maintain the product in homogeneous and

flowing condition at all times. The tanks should also have re-circulation facilities.

Self attested copy of valid calibration charts of the tanks offered shall be submitted. If at the time

offer, heating facilities are not available , undertaking should be submitted to complete the

proper heating arrangements within one month of award.

ii. UNLOADING POINTS:

The Terminal shall have truck unloading facilities for unloading bulk bitumen trucks for

receipt/storage/distribution.

iii. PIPELINES:

The terminal shall have exclusive dedicated lines from truck unloading points to storage tanks

and from storage tanks to loading gantry with proper insulation/heating arrangement.

iv. PUMPS:

Terminal shall have pumps with suitable capacity ratings & with standby pumping arrangements

to unload and load trucks under any weather conditions.

v. TT GANTRY:

The terminal shall have suitable facilities for loading tank trucks (truck capacity 10 MT to 30 MT)

with adequate no. of bays.

The truck unloading and loading facilities provided shall be adequate to handle volume allocated

within 30 days.

vi. WEIGH BRIDGE:

The terminal shall preferably have Weigh Bridge of adequate capacity or shall have

arrangement with nearby approved weigh bridge.

vii. DG POWER BACK-UP:

Generator power back-up of adequate capacity for 24 x 7 operations (PESO licence, if

applicable).

viii. PARKING FACILITIES:


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Terminal should have adequate truck parking facilities within terminal area / secured parking.

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

i) Ensure that the Terminalling Services shall be performed under and in accordance with this Agreement with due diligence and efficiency, professional skill and workmanship, sound principles and prevailing oil industry practices, statutory requirements as per the applicable laws of India relating to health, safety at work, environmental protection and fire prevention, and in accordance with the requirements of the relevant permits / rules & regulations of the Factory Act regulations etc.,

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

iii) Provide Principal with summary of Principal’s product activity including physical inventory

on a daily basis. This includes tank trucks unloading documentation, statutory documents and stock transfer documentation in BPCL SAP system.

iv) Permit BPCL authorities, full access to the Terminal and the Facilities at any time during

regular business hours for the purposes of inspection. In case these are required to be done outside the regular business hours, Service Provider shall permit all the above mentioned authorities, access to the Facilities, as per their requirements.

v) Co-ordinate with the Principal’s representatives for their product movement plan through

on a day to day basis.

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

vii) Ensure that all laws, statutory requirements and regulations from time to time being in force relating to facilities will be complied with and obtain the necessary permits, licenses and approvals as necessary to carry out Service Provider obligations under this agreement.

viii) Surrender tanks as and when product is evacuated fully, if multiple tanks are offered by

the service provider and thereafter the payment for the subsequent months will be to service provider for the balance tanks used by BPCL.

ix) At the time of expiry of the agreement, ensure that all the stocks are reconciled to the

satisfaction of the Principal. The service provider shall ensure that even the dead stock is removed and loaded in tank trucks or in any alternate mode as directed by the Principals. There will be no additional cost payable by the Principal. It shall be the responsibility of the service provider to clear all the stocks and hand over at the time of expiry/termination of the agreement without delay and in reasonable time. BPCL will not be paying any charges (storage / handling etc.,) whatsoever to the Service provider after the expiry of the agreement / termination for the removal of dead stocks.

x) The services to be provided by Service Provider under this Agreement shall be available on round the clock basis throughout the year, including Sundays/Holidays, for all the operations and at no extra costs whatsoever to BPCL.

2.4. In respect of its employees and labour forces, Service Provider shall ensure, and would remain totally responsible, for compliance and implementation of all laws, rules and


Page 30

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

3. SECURITY DEPOSIT:

3.1 The Service Provider shall submit / provide to the Principal a Security Deposit of minimum

Rs 10, 00,000/- (Ten Lakhs only) or Rs 1000/- (One thousand only) per MT of tankage

capacity offered, whichever is higher by way of a Bank Guarantee issued by a Scheduled

Bank and as per the stipulated format, to cover the period of 6 months beyond the date of

expiry of contract period which includes, inter-alia, the full period of the contract and

additional six months for due fulfilment of terms of this Agreement. The Principal, at its

sole discretion may take recourse to the Bank Guarantee, to recover part or whole of the

guaranteed sum. However, the claims of the Principal against the Service Provider shall

not be limited to the amount stipulated in the Bank Guarantee.

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

and Principal will use the facility for a period of 4 to 6 months (the “Term”) with effect from the date of the first placement of the product in the Service provider’s tanks and with a sole option on the part of the Principal to extend the same up to 3 (three) more months on the same rates, terms and conditions. The company reserves the right to foreclose the agreement by giving 30 days notice to the Service Provider.

The Term would comprise of calendar monthly invoice cycles each starting from Service

Provider’s formal ‘Notice of Readiness’ for the tank / s (post their inspection by BPC’s

nominated surveyors) upon award of the contract or from the date of placement of

product into the terminal tanks ,whichever is later.

4 TANK CAPACITY: Service Provider will provide Principal for the Term with calibrated tanks of cumulative

minimum safe storage capacity of -------- MT (hereinafter called the “Tank Capacity”). The

cumulative storage capacities of the tank/s shall be conveyed to the Principal in advance

and shall have no influence on the storage/ handling fees of this agreement. All the tanks

should preferably have recirculation and heating arrangements.

In case at any time during the term of this agreement the Service Provider is required to

change the tank configuration due to operational and/or technical reasons it shall give the

Principal sufficient and due prior notification for any such changes to the tank

configuration. Provided further that, at all times, the Service Provider shall provide the

Principal the same cumulative safe tank capacity.


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All Product insurance is to be arranged and cost borne by Principal.

The Parties agree that Principal will lift all Product stored and vacate Tank Capacity utilized

by the end of the Term.

If multiple tanks are offered by the party BPCL will have an option of surrendering of tanks

as and when product is evacuated fully and thereafter the payment for the subsequent

months will be made for the balance tanks used by BPCL.

6 OWNERSHIP: The Terminal shall solely vest in and is the absolute property (both legal and beneficial

ownership) of the Service Provider and shall not be within the ownership control or

disposition of the Principal. The Principal acknowledges and agrees that (a) it has no

proprietary or other rights in or to the Terminal and (b) it shall not at any time challenge or

otherwise oppose Service Provider’s ownership of the Terminal.

Similarly, the products stored at the terminal shall be absolutely owned by Principal. The

Service Provider acknowledges and agrees that (a) it has no proprietary or other rights in

or to the said Products and (b) it shall not at any time challenge or otherwise oppose

Principal’s ownership of the Products.

7 STORAGE / HANDLING CHARGES: 7.1 Principal shall pay the Service Provider for use of the Facility throughout the Term the

following charges:

Unloading, storage, and loading of truck:

Rs.________ per MT for Hiring of dedicated Bulk Bitumen tankage for Storage including

Handling and applicable service tax

And

Rs.________ per MT Receipt / Loading of Bulk Bitumen in tank lorries and applicable

service tax

Principal would provide their official stationery, hardware and software for compliance with

their customized documentation / records requirements (if any) along with imparting

necessary training to Service Provider’s designated personnel.

7.2 All rates set out in Clause 7.1 above shall be on “all inclusive basis” and deemed to cover

the cost of Service Provider personnel and services, working charges, all stock losses,

TT decanting, water charges, Electricity charges, Municipal taxes, documentation,

manpower etc. including the cost of payroll, allowances, over heads, profits and fees for

handling Principal’s Product.

7.3 Taxes / Duties:

The rates set out in clause no: 7.1 are exclusive of all taxes, duties and levies, which must

be paid by Principal in relation to the provision of services under this Agreement or in


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relation to the Products. Further, Principal will either settle directly or forward to Service

Provider (for onward submission of the same on their behalf by Service Provider) if and or

when required, any tax, duty or levy, which, as owner of the Product stored at the facility,

it is lawfully and administratively required to do.

Principal would be fully responsible for all statutory compliances (including maintenance

of records, timely submission of records, returns e.g. Sales Tax / Excise / TOT returns

etc.) Principal indemnifies Service Provider against all taxes, assessments, duties and/or

other governmental charge or impositions whatsoever at any time concerning Product or

services irrespective of whether the Product is still in Service Provider Facilities or not.

8 PAYMENT TERMS:

Service provider shall raise the bill towards the storage / handling charges &

loading/unloading (as applicable) charges on monthly basis, which shall be paid within

15 days from the date of receipt of the bill, for the concluding month & duly certified by

the Principal’s Manager at Mumbai.

In the event of any dispute relating to billing and payments, the amount not in dispute will

be payable as per the above credit terms. Disputed amounts, if any will be payable

immediately upon the settlement of the disputed amounts between the Parties.

9 PRODUCT QUALITY:

BPCL will place the product conforming to approved specifications. Each Tank Truck shall carry Quality certificate issued by Mumbai Refinery. Service Provider shall maintain a record of the same and deliver the same quality material to BPCL. Service Provider to get the product tested at NABL approved laboratory once the tank is full at his own cost and subsequently before the start of loading operation. Service Provider shall draw a sample of Bulk Bitumen from all the storage tanks during operation, once in a fortnight, test in an NABL approved lab at their own cost and provide the test report to BPCL (immediately on receipt of the report) for scrutiny by BPCL and / or for their (BPCL) records. Additionally, Successful bidder shall maintain record of all these test reports and produce the same whenever demanded by BPCL Service Provider will be entirely responsible for ensuring quality of product during storage/ contract period and in case of failure of product, BPCL recover the cost of entire product along with any other incidental expenses.

11 PRODUCT LOSS:

It is the responsibility of service provider to deliver the entire quantity received in the

nominated tanks to BPCL basis weighment of each of the trucks received. No claims from

service provider shall be entertained on account of losses while operating/handling of

product. Any claim shall be made good by service provider to BPCL, if there are any

losses. In case of any gain, no credit will be given to the Operator / Service Provider.


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The Service Provider agrees that the cost of actual loss of product in storage and handling

at the terminal due to spillage / mishandling / theft / leakages etc. shall be recovered by

BPCL from the service providers at the contract period.

In case there is gain in the product at the end of the month the same will be taken as BPCL

stock.

Product accounting to be done on daily basis to assess loss/gain position. Any abnormal

loss/ gain to be investigated immediately and critically.

12 LIABILITIES AND INDEMNITIES:

12.1. From the date of commencement of operations, a. Service Provider shall ensure that the Product is handled and the Terminalling

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

b. Notwithstanding anything contrary in the Agreement, Service Provider shall not be

liable for any claim arising:-

(i) From Force Majeure. c. In the event that any loss or damage is caused to Principal (including but not limited to

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

d. In the event of occurrence of any untoward incident such as pilferage, fire, theft etc., at the Tank operator terminal/premises BPCL is to be duly indemnified against all charges and consequences.

e. In respect of all provisions stated in the agreement providing for one Party (“the

indemnifying Party”) to indemnify the other (“the other Party”), the following shall be conditions to such indemnity:

i) Prompt written notice shall be given to the Indemnifying Party by the other Party of

such claim; and

ii) No payments shall be made by the other Party in respect of which it may wish to claim against the indemnifying Party under this Clause to any third party claimant without prior consultation with the Indemnifying Party; and

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

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

12.2 Neither Party shall be liable to the other under any of the indemnities expressed in this

Agreement, or in contract or in tort, for any indirect or consequential losses including but not


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limited to loss arising from business interruption, loss of use, loss of profit and loss of

anticipated profit.

13. INSURANCE:

Principal as owner of the Product stored in the Terminal shall arrange and maintain

adequate insurance in respect of the quantity/s of Products and the costs of such insurance

shall be borne by and shall be to the account of Principal. Service Provider shall arrange

and maintain adequate insurance for the facilities comprised in the Terminal as also for third

party risks and public liability in operating the Terminal and the cost of such insurance shall

be borne by and shall be to the account of Service Provider.

14. LIEN AND RIGHT OF DISPOSAL:

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

the Products of Principal.

14.2 Notwithstanding anything contained to the contrary in these Articles and subject to

Indian laws, if:

(a) Principal fails to remove the Products upon the expiry or termination of the Agreement;

Service Provider shall be entitled to give notice to Principal to remove the Product within 60

days.

15. ASSIGNMENTS: Neither party shall have the right to assign this Agreement, in whole or in part, or any rights

hereunder without the prior written consent of the other Party. This written consent shall

not be unreasonably withheld or delayed and any reason for disapproval shall be given in

writing, setting out the grounds for reaching the decision. This agreement shall inure to

the benefit of and be binding upon its successors and permitted assigns of the Parties

hereto. In the event of any assignment by either Party the assigning Party shall remain

permanently liable to the other party for all obligations contained in this Agreement

regardless of whether such obligations were part of or covered by the Assignment.

16. WAIVER: The failure of either Party to insist in any one or more instances upon the performance of any term or conditions of this Agreement, or to exercise any right afforded to such Party herein, shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions by the other Party, or the future exercise of such right, and the respective obligations of the parties as to their future performances shall continue in full force and effect. No waiver shall be effective unless in writing and duly executed by an authorized representative of the concerned party.

17. MODIFICATION: This Agreement may not be amended, changed, or modified in any way except by a written

amendment executed by the Parties hereto. Any such written amendment needs no

additional consideration to be enforced.


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18. LAW AND LANGUAGE: The Parties agree that this Agreement shall be governed by and interpreted and construed

in accordance with the laws of India.

The operations carried out or to be carried out by Service Provider shall be subject to the

laws, regulations and rules in force and directions, that have been given or will be given

by the Government or local authorities or other authorities, institutions or persons having

authority to do so.

If such laws, regulations, rules or directions are amended after the date on which the

Agreement has been executed, the amendments shall be deemed to form part of that

Agreement.

The parties agree to submit to the exclusive jurisdiction of the courts at Mumbai in

connection with any matters which might arise out of this agreement.

The language for the purposes of this Agreement shall be the English language and all

correspondences, notices and communication etc. shall be in English.

19. NO AGENCY: Save for the provisions contained in this Agreement, nothing herein shall create or

constitute a relationship of agency between Principal and Service Provider, and Service

Provider undertakes that it shall not conduct itself or hold itself out as agents of Principal

in any measure or under any circumstances whatsoever.

20. COMPLIANCE WITH LAWS AND REGULATIONS: Each Party to this Agreement shall conform to all applicable provisions of every statute,

statutory instrument, bye-laws or regulations from time-to-time in force affecting this

Agreement and will give all necessary notices and obtain every requisite sanction or

approval in respect of this Agreement under every such statute instrument bye-law or

regulations.

The non-conforming Party shall indemnify the other Party against any fines, penalties,

losses, costs or expenses incurred by the other Party in respect of any non-compliance

with the provisions with the laws and/or regulations.

21. TERMINATION:

21.1 Ground of Termination;

At any time after the day of execution of this Agreement, either party may terminate this

Agreement upon the occurrence of one or more of the following events in relation to the

other:

A substantial breach or failure to comply in any material respect to any provision of this

Agreement in such a way that it is unreasonable for the other Party to continue with the

Agreement and such failure continues for more than 30 (thirty) days following written

notice thereof by the other Party to the Party in breach; or


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The appointment of any receiver, receiver and manager or administrator or a petition is

presented or order passed for the winding up or liquidation for their equivalent in any

jurisdiction, which is applicable of that Party or any material part of their undertaking.

Non-compliance with Article 10 of this Agreement

21.2 Termination at Discretion:

Notwithstanding anything contained/provided in this Agreement and attachments to this

Agreement either party shall have the right at its sole discretion to terminate this

Agreement by giving advance thirty (30) days written notice to the other Party without

assigning any reason for such termination. During the said notice period of thirty (30) days

it would be binding on both Parties to fulfil their respective contractual obligations as

mandated by this Agreement.

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

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

22. NOTICE:

Any notice or other communication required or permitted under this Agreement shall be in writing

and shall be given by registered post, hand delivery, courier service, or telefax addressed to the

relevant party at the addresses set forth below or such other addresses as may be designated

from time to time.

A) In case of Service Provider to :

Address of Service Provider

Attention: Managing Director

Telefax: +91__________________

B) In case of Principal to: M/s. Bharat Petroleum Corporation Ltd.

Attention: Territory Manager, I&C Mumbai Territory.

Telefax: _____________________________

23. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and it supersedes

all prior written or contemporaneous oral undertakings relating to the storage or Product

and there are no other agreements or understandings between the Parties to this subject

matter.

24. FORCE MAJEURE:


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24.1 None of the Parties shall be liable or responsible for any failure to perform or delay in

performance of their respective obligations hereunder if such failure or delay is due or

attributable to or arises out of any Force Majeure event, provided notice of occurrence of

any Force Majeure event is given by the affected party to the other parties within a period

of Ten (10) days of such occurrence and such notice includes reasonably satisfactory

evidence or the Force Majeure event.

24.2 Definition of Force Majeure

To the extent that the event is not within the reasonable control of the party whose

performance under this Agreement is affected thereby, the term “Force Majeure” as used

in this Agreement shall mean and include any of the following events: war, hostilities, acts

of the public enemy or belligerents, sabotage, blockage, revolution, insurrection, Service

Provider, or disorder, expropriation, requisition, confiscation or nationalization; act of God:

fire, earthquake, storm, flood, lightning, or to government taking over whether or not by

formal requisition, epidemic, quarantine, strikes or combination of workmen, lockouts or

other labour disturbances; explosion, accidents by fire or otherwise to plants, storage

facilities, installations, machinery, or to transportation or distribution facilities or equipment

or any other event, whether or not of the same class of kind or those above set out.

24.3 Should the event of Force Majeure for an uninterrupted period of thirty (30) days or more,

then either party shall have the right to terminate this agreement by a thirty (30) days’

notice to the other and this Agreement shall terminate upon the expiry of such thirty (30)

days period if the Force Majeure event subsists.

25. ARBITRATION:

a) Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set off of the Company against the Licensee or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be refereed to the Sole Arbitration of the Director (Marketing) of the Company or of some Officer of the Company who may be nominated by the Director (Marketing). The licensee will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an officer of the Company or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Company, he had expressed view on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an officer of the Company if the Director(Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such person shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) of the Company or a person nominated by such Director (Marketing) as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall apply to the arbitration proceedings under this clause.


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b) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute, before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

c) The parties against whom the arbitration proceedings have been initiated, that is to say, the

Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter claim or set off before the Arbitrator in respect of any matter in issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross claim, or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Marketing).

d) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or

other technical person to assist him, and to act by the opinion so taken.

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

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

g) The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed (if so required) in the concerned courts in the city of Mumbai only.

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

OTHER AUTHORITIES: The operations carried out or to be carried out by Service Provider shall be subject to the

laws, regulations and rules in force and directions, that have been or will be given by the

Government or local authorities or other authorities, institutions or persons having

authority to do so. If such laws, regulations, rules or directions as amended after the date

of which the Agreement has been executed, the amendments shall be deemed to form

part of that Agreement. Consequently, all such future statutory levies, taxes, dues etc. to

avail Service Provider’s services at the Terminal would be fully payable by Principal at all

times.

27. CONFIDENTIALITY: The terms of this contract are strictly confidential between Service Provider and the

Principal and any breach of this confidence, will be viewed with utmost seriousness being

tantamount to breach of contract leading to termination of contract and action that will

follow legal or otherwise.


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IN WITNESS WHEREOF the Parties through their authorised representatives have signed the

Agreement in two counterparts at the place and date specified first, herein above.

For and on behalf of For and on behalf of

Service Provider Bharat Petroleum Corporation Ltd.

Witness : Witness :

1) ______________________ 1)________________________

2)_______________________ 2)_______________________

Place :

Date

Technical Bid Annexure- 2

INTEGRITY PACT


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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 the Bid 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 Bid 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 Bid process treat all Bidders with equity and reason. The Principal will in particular, before and during the Bid 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 Bid process or the contract execution. 3. The Principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions. Section 2 – Commitments of the Bidder/ Contractor (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 Bid process and during the contract execution.


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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 Bid process or the execution of the contract or to any third person any material or immaterial benefit which he/ she is not2legally

entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Bid 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 Bid 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.


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Section 4 - Compensation for Damages (1) If the Principal has disqualified the Bidder from the Bid 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. T E N E R N B P C / I & C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 32 (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 condition that if the Bidder/ Contractor can prove and establish that the exclusion of the Bidder from the Bid 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 Bid 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 Bid 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, whether and to what extent the parties comply with the obligations under this agreement.


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(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 nonbinding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder/ contractor 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. The Arbitration clause provided in the main Bid document/ contract shall not be applicable for any dispute arising under Integrity Pact.


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(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. If the Bidder has been disqualified from the Bid 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 accordingly to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract accordingly to the 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. The name/address/contact numbers of Independent External Monitor (IEM) appointed to oversee implementation is given below : Shri. Shantanu Consul No.9, MCHS (IAS Officer’s Colony), 16th Main, BTM 2nd Stage, BANGALORE – 560 076. Email id – [email protected] Mobile – 09740069318 ----------------------- -------------------------------- For the Principal For the Contractor Place …………………. Witness 1: ………………. Date………………….. Witness 2:……………….

E R C / I & C / W R / 0 6 / P K D - B I T U M E N / 2 0 1 2 Page 33


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Technical Bid Annexure-3

VG 30 Bulk Bitumen Specification

Characteristics VG - 30 Method

Penetration at 25OC, 100g, 5s, 0.1 mm, min 45 IS 1203

Absolute Viscosity @60OC, Poise 2400 - 3600 IS 1206 (part 2)

Kinematic Viscosity @135OC, cSt, min 350 IS 1206 (part 3)

Flash Point (Cleveland Open Cup), OC, min 220 IS 1448 (P:69)

Solubility in Trichloroethylene, % min 99.0 IS 1216

Softening Point (R&B), OC, min 47 IS 1205

Tests on Residue from Rolling Thin Film Oven Test

1. Viscosity Ratio @60OC, max 4 IS 1206 (part 2)

2. Ductility @25OC, cm, min 40 IS 1208

Conforms to BIS Specification IS 73:2013 for Viscosity Grade- 30 Bitumen


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Technical bid Attachment-1

PARTICULARS OF THE BIDDER

Sr.

No

Particulars Please provide information here.

1 Name of the Firm of Bidder:

2 a. Registered Office Address:

b. Address for

Correspondence:

c. E-mail address:

3 Contact Details:

Telephone No. : (with STD

code)

Fax No: (with STD code)

Mobile No.:

4 Status of Bidder viz. Individual,

Firm, (Proprietor, Partnership,

Limited Co., Others (Please

specify) etc.,

5 Name/s of Proprietor/Partners/

Directors of the Company:

6 a)Year of establishment

b)Registration no. / Trading

Licence no:

c)PAN No.

d)PF Registration No.


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e)ESI Registration No.

f)Service Tax Regn. No.

7 a)Name of Bankers with full

address

b)Style of account and

Account No.

8 Please provide previous 2

years annual turn-over in Rs.

lakhs.

2014-15

2015-16

9 Please provide previous 2

years Net Worth in Rs. lakhs.

2014-15

2015-16

10 Name/s of the authorized

representative/s. (Please

attach a copy of POA of the

representative/s to sign on

behalf of the Bidder)

11 Whether the Bidder

(Proprietor/Partners/ Directors

of the Company) are related to

(as defined under Companies

Act 1956) any of the Directors

of BPCL. If yes, name of the

Director & nature of

relationship.

12 Whether the Bidder is existing dealer / distributor of BPC. If yes, please give details.

13 Details of Petroleum Products

handling experience:

1)Name of Oil

Co.

2)Contract

reference no.

3)Period of

Contract


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4)Contracted

volume

14

Manpower profile of the Bidder Name of

the person

Qualification Age Experience

15 Whether any litigation / court

case is pending against the

Bidder which may affect the

Bidder’s obligation to this

contract, if awarded.

i) We confirm that we have qualified / trained / experienced staff on roll to carry out / handle

this job.

ii) We confirm that the rates offered by us will remain valid for acceptance by you upto 180

days from the date of opening of Price bid.

iii) 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.

iv) 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.

I / We affirm that all the terms and conditions of the Bid are acceptable to us. Further I / We

confirm that the information and statements furnished above are true and open for verification

at any time.

Name of Authorised Signatory:

Signature of Authorised Signatory:

Date / Place: Seal / Rubber Stamp of the Bidder


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Attachment-2

(To be provided in the letter head of the firm / company with sign & seal)

PARTICULARS OF STORAGE TANKS / ALLIED FACILITIES / LICENCES

Location:_____________Bidder to provide full details of the location (Name, address)

The details of the storage tanks &

various other facilities are:

Tank no: Safe Capacity

(MT)

Heating

arrangement.

Pls specify.

Storage tanks 1)

2)

3)

4)

5)

Tank Truck Unloading points/bays No. of points/bays Capacity (MT

per HR)

Tank Truck loading bays No. of Bays Capacity (MT

per HR)

Tank Truck Loading Pump(s) Make Capacity (MT

per HR)

Main /

Standby

1)

2)

3)

4)


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Electronic Weigh Bridge Make Capacity(MT)

DG Set for Power back up Make Capacity(kVA)

Details of Other facilities like truck

parking area

No of trucks parking

Capacity

Is area inside

terminal

Fire Water Pumps / Tanks Tank Capacity Pumps

Office Building Area (sq.mts)

Any Other facilities (Pls. Specify)

1)

2)

3)

Details of Statutory Documents Document / Licence / Approval no. Validity

a)Factory Licence

b)Pollution Control Dept.

c)Tank calibration details

d)Terminal Layout Drawing

e)Others (Pls. Specify)

Note: in case Bidder offers for more than one location, the above details to be given for each of the locations separately. Signature / Seal of the Bidder: Name and Address of the Bidder:


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Place / Date:

Technical Bid Attachment-3

BIDDER’S COVERING LETTER FROM: M/s. _______________________ _______________________ (Name and Address of the Bidder) To: Territory Manager (I&C), Bharat Petroleum Corporation Ltd., 4TH FLOOR, NORTH BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074 Dear Sir, Subject: E-BID IS INVITED FOR HIRING TANKAGE AND ALLIED FACILITIES IN THE STATES OF GUJARAT, MAHARASHTRA, GOA, KARNATAKA, MADHYA PRADESH, CHHATTISGARH, TELANGANA, ANDHRA PRADESH AND THE UNION TERRITORY OF DIU, DAMAN AND SILVASA FOR RECEIPT, STORAGE, HANDLING AND DELIVERY OF BULK BITUMEN (Grade VG 30).

BID NO. BPC/I&C/WR/02/HIRING OF TANKAGE FOR BULK BITUMEN STORAGE/2016.

With reference to your subject Bid, we confirm having carefully read and understood various conditions / documents supplied with the Bid. We confirm having participated in the e-Bid and submitted the required documents on-line. We hereby submit the following credential / technical bid documents, duly completed uploaded in e-bpclproc site and in a sealed envelope (as applicable) as per details given here under:

Sr. No.


Submission of physical documents


Page 52

as part of Tech bid.


2 EMD of Rs 1,00,000/- by DD √ √







√



√


√




15 Self attested copy of the Income Tax Returns for the last two financial years.

√

16 Self attested copy of Profit and Loss statements of preceding three years’ of audited annual report audited by CA.

√


√


√


√


√


√

We attach herewith the following DDs: 1. EMD vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1,00,000 (One lakh only) in favour of Bharat Petroleum Corporation Ltd., payable at MUMBAI / ERNAKULAM. 2. Bid Fee vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1,150/- (one thousand one hundred fifty only) in favour of Bharat Petroleum Corporation Ltd., payable at MUMBAI.


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I am / we are authorized to sign this Bid as Proprietor or as per Power of Attorney issued by all other Partners / Directors as per Attachment-4. Thanking you, Yours Faithfully, Signature / Seal of the Bidder: Name and Address of the Bidder: 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 Bid document for providing tankage & allied facilities. at (Bid no: BID NO. BPC/I&C/WR/02/Hiring of tankage for bulk bitumen

storage/2016) and also other relevant documents required by M/s. Bharat Petroleum Corporation Ltd., a company incorporated under the Companies Act, 1956 and having its Registered Office at Bharat Bhavan, 4&6, Currimbhoy Road, Ballard Estate, Mumbai-400001, hereinafter called the “Company” (which expression shall include its successors and assigns in law) 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 Bid for providing tankage & allied facilities

at Mumbai Port location.

iii) To sign, seal, execute, perfect and/or complete Terminalling / Handling Services Agreement

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

with the said Terminalling / Handling Services Agreement.

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

performance of the said Terminalling / Handling Services agreement with BPCL.


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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 Bid and the Terminalling / Handling Services 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/

Terminalling / Handling Services 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 and sixteen (2016).

Signatures Signed, Sealed and delivered by 1) Shri__________________ the within named partners/ Directors of M/s ______________________ 2)Shri___________________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)


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Attachment-5

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS

Bidders should furnish following details in the appropriate part based on their organization

structure.

Organizational structure Part of the form

applicable.

Sole Trader PART – A

Partnership PART – B

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

PART – A

(Applicable where Bidder is Sole Proprietor)

1. Name:

2. Address: Residence: Office:

3. State whether Bidder is related to any of the Director(s) of BPCL: YES / NO

4. If ‘Yes’ to 3, state the name of BPCL’s Director and Bidder’s relationship with him / her.

Place: SIGNATURE OF BIDDER


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Date:

PART – B

(Applicable where the Bidder is a partnership firm)

1. Name of the partnership firm responding the Bid:

2. Address:

3. Name of partners:

4. State whether any of the partner is a Director of BPCL : YES / NO*

5. If “Yes” to 4, state the name(s) of BPCL Director.

6. State whether any of the partner is related to any of the Director(s) of BPCL: YES / NO*

7. If “Yes” to 6, state the name(s) of BPCL Director and the concerned partner’s relationship with him / her.

*Strike off whichever is not applicable.

Place:

Date:

PART – C

(Applicable where the Bidder is a Public/Private Ltd. Company / Co-operative

Society)

1. Name of the Company responding the Bid:

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 Bidder/Company is a Director of BPCL: Yes/No

6. If ‘Yes’ to (5) state the name(s) of the BPCL Director.

7. State whether any of the Director of the Bidder Company is related to any of the Directors of BPCL: Yes / No*


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8. If ‘Yes’ to 7, state the name(s) of BPCL’s Director & the concerned Director’s (of the Bidder

Co.) relationship with him / her.

*Strike out whichever is not applicable.

Place:

Date:

DECLARATION ‘A’

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

Agreement

Place: Signature & Seal

Date:

DECLARATION ‘B’

We declare that we do not have any employee who is related to any officer of the Corporation

/ Central / State Government

OR

We have the following employees working with us who are near relatives of the officers of the

Corporation.

Name of the Employee Name and Designation of

of the Contractor the Officer of the Corporation

1. __________________________ ________________________

2. __________________________ ________________________

3. __________________________ ________________________

4. __________________________ ________________________

Place:

Date:


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Signature & Seal

DECLARATION ‘C’

The Bidder is required to state whether he is a relative of any Director of our Corporation or the

Bidder 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 Bidder is a private company in which Director of our

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

Place: Date: Signature & Seal N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent to signing the above declaration and the employee so appointed happen to be near relatives of the Officer of the Corporation/Central/State Government, the Contractor should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Corporation/Central/State Government.

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


Page 59

DATE / PLACE SIGNATURE OF BIDDER:

Technical Bid Attachment-6

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

BANK GUARANTEE

This Deed of Guarantee made this ___________ day of ________________, 2016 (Two Thousand and Sixteen) between ________________________________________________ a Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act of 1970 having its head office at __________________________________________ and branch at ________________________ hereinafter called as the GUARANTOR (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the One Part AND Bharat Petroleum Corporation Limited a company registered under the Companies Act, 1956 and having its registered office at Bharat Bhavan, 4&6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called the CORPORATION (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the Other Part.

AND WHEREAS by an agreement bearing ______ day of ___________ 2016 made between ________________________________________ therein and hereinafter described as the Service Provider of the one part and the CORPORATION of the other part, the job as described therein had been awarded to the Service Provider by the CORPORATION to be done on the terms and conditions contained therein.

AND WHEREAS it has been agreed that the Service Provider will provide Bank Guarantee in such form as may be acceptable to the Corporation as a security of due payment by money as the Service Provider may be liable to pay under the aforesaid agreement.

AND WHEREAS on the request of the Service Provider, the guarantor herein is now agreeing to give such guarantee in the manner appearing hereinafter.


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NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENENTED AGREED AND

DECLARED BY THE GUARANTOR AS FOLLOWS:

1. The Guarantor shall also pay to the Corporation on demand without any demur any other amount that may be payable by the Service Provider to the Corporation under the aforesaid agreement and will indemnify and keep indemnified safe and defended the said Corporation at all times hereafter against any loss which the Corporation may suffer by reasons of any default committed by the said Service Provider in observance and performance of the covenants of the said agreement and as also hereinabove and all cost, charges and expenses whatsoever which the Corporation may incur by reasons of any default on the part of the Service Provider.

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

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

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

4. The Guarantor will observe and perform all the terms and conditions and covenants contained in the said Agreement in the same manner in which the Service Provider is liable for the due observance and performance of the said terms and conditions and covenants.

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

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

6. In order to give effect to the Guarantee herein contained the Corporation shall be entitled

to act as if the Guarantor was principal debtor to the Corporation for all payments and covenants guaranteed by it as aforesaid to the Corporation.


Page 61

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

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

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

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

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

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

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

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

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

liability of the Guarantor under these presents.

12. All sums hereby guaranteed by the Guarantor shall be due and payable to the Corporation at Mumbai in terms hereof after notice in writing, requiring payment of the same shall have been delivered or sent through registered post, addressed to the Guarantor at their aforesaid address.

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

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

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

Guarantee shall be limited to the extent of ` ___________ and unless any claim is lodged with the Guarantor at their office mentioned hereinabove by three months from __________ day of _____________________ this Guarantee will be discharged and the Guarantor will be relieved from the performance of this guarantee forever.

IN WITNESS whereof the Guarantor herein set their respective hands and seal on the day,

month and year first herein above written.

SIGNED, SEALED AND DELIVERED

By Shri


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The GUARANTOR herein at ____________________

in the presence of :

Attachment 7

Holiday Listing Declaration

(on bidders letter head)

Ref no:

To; Territory Manager (I&C) Bharat Petroleum Corporation Ltd,

Subject : Holiday Listing. We, M/s __________________________ , herewith declare that currently we are not serving


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any Holiday Listing orders issued by BPCL/MOPNG debarring us from carrying on Business Dealings with BPCL/MOPNG or serving a banning order by another Oil PSE.

Place: Signature:

Date: Seal of the firm:

Policy for holiday listing in BPCL

1. Introduction :

Works and procurement contracts have become a major activity for corporate in current times. In course of such contracting Oil sector PSEs deal with various “Agencies” (which shall include vendors/parties/contractors/suppliers/ consultants/Licensors/bidders). These entities are expected to adopt ethics of highest standards and a very high degree of integrity, safety and quality consciousness, commitments and sincerity towards the work undertaken and dealing with BPCL in such matters. However, in few occasions, the terms are found to be infringed and deviations from expected behavior are observed. It is not in the interest of BPCL to deal with Agencies who commit deception, fraud or other misconduct including compromising quality and safety in the tendering and execution process.

Also, while participating in the tender and performing the contract, vendors are required to meet certain basic performance criteria and adherence to the terms and conditions of the tender/contract. In case the vendor fails to meet the above parameters, it is prudent to put the vendor on holiday list for specific periods in order to deter the vendors form committing such defaults. Such decisions shall be taken based on the gravity of the default and after following a laid down process, on case to case basis.

Holiday Listing from business dealings involves civil consequences for the “Agency” concerned.

Hence, the same requires adherence to the Principles of Natural Justice. Therefore, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered


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before passing any order in this regard keeping in view the facts and circumstances of the case. The meaning of “Black listing”, “Holiday Listing” and “Banning” is considered one and the same and shall hereafter be referred to only as “Holiday Listing” and the term Holiday Listed Companies is used accordingly in this document.

2. Scope :

2.1 The information for Bidders/Instruction to Bidders and even the General Conditions of Contract (GCC) or General Purchase Conditions (GPC) generally provide that BPCL shall have the rights to remove from list of approved suppliers / contractors or to ban business dealings if any Agency has been found to have committed misconduct or fraud or poor performance of anything unethical not expected from a reputed agency.

2.2 The procedure of Holiday Listing of Agencies from Business Dealings with BPCL has been laid down in these guidelines.

2.3 These guidelines are applicable across BPCL and shall form part of all the tenders. These guidelines shall be published as a separate document in BPCL website and the General Conditions of Contract (GCC) or General Purchase Conditions (GPC) shall have a clause expressly stating that the Guidelines and Procedures for Holiday Listing as adopted by BPCL and available separately in BPCL website shall be applicable in the context of all tenders floated and consequently all orders/ contracts / purchase orders placed by BPCL.

2.4 The Holiday Listing shall be with prospective effect, i.e. for future business dealings.

3. Definitions :

In these Guidelines, unless the context otherwise requires (i) Agency; “Party/Contractor/Supplier/Vendor/Consultant/Bidder/Licensor” in the context of these guidelines is indicated as ‘Agency’.; “Party/Contractor/Supplier/Vendor/Consultant/bidders/Licensor” shall mean and include a public limited company or a private limited company, a joint venture. Consortium, HUF, a firm whether registered or not, an individual, co-operative society or an association or a group of persons engaged in any commerce, trade, industry etc.

(ii) Appellate Authority: “Appellate Authority” shall mean the concerned functional Director of BPCL or any other authority nominated by the C & MD. The Appellate authority shall be higher than the “Competent Authority”.

(iii) Competent Authority: “Competent Authority” shall mean the authority, who is competent to take final decision for Banning of business dealings with Agencies, in accordance with these guidelines:

The Competent Authority for a Procurement Department which is initiating the Holiday Listing process should be the Regional head (or) SBU / Entity head as the case may be relevant to the said Procurement Department, but not below the level of General Manager

(iv) Corporation: “Corporation” means Bharat Petroleum Corporation Ltd. with its Registered Office at Bharat Bhavan-I, 4&6 Currimbhoy Road, Ballard Estate, Mumbai-400001.

(v) Corrupt Practice: “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution. Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided. (vi) Fraudulent Practice: “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order;


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(vii) Collusive Practice : “Collusive Practice” amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition. (viii) Coercive Practice: “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.

(ix) Officer-in-Charge: “Officer –in-Charge (OIC)” or “Engineer-in-Charge (EIC)” shall mean the person (s) designated to act for and on behalf of BPCL for the execution of the work as per requirement of the concerned department.

(x) Malpractice : Malpractice means any Corrupt Practice, Fraudulent Practice, Collusive Practice or Coercive practice as defined herein;

(xi) Mis-Conduct : “Mis-conduct” means any act or omission by the Agency, making it liable for action for Holiday Listing as per these guidelines

(xii) Nodal Department: “Nodal Department” means the Department primarily assigned with the role of overseeing the Holiday Listing Process to ensure adherence to guidelines, maintaining, updating and publishing the list of Agencies with whom BPCL has decided to ban business dealings and shall be the Corporate Finance Department.

(xiii) Vendor De-listment Committee: “Vendor De-listment Committee” relevant to the procurement department which initiates the holiday listing process would the same as the vendor enlistment Committee as per DR&A of the concerned SBU/Entity.

4. Holiday Listing:

4.1. Reasons for Holiday Listing : An Agency may be placed in Holiday List for any one or

more of the following circumstances:

4.1.1. If the Agency , in the context of its dealings with the Corporation:

a. has indulged in malpractices ;

b. has submitted fake, false or forged documents / certificates

c. Has substituted materials in lieu of materials supplied by BPCL or has not returned or has

unauthorized disposed off materials / documents / drawings / tools or plants or equipments supplied

by BPCL.

d. Has deliberately violated and circumvented the provisions of labor laws/ regulations / rules,

safety norms, environmental norms or other statutory requirements.

e. has deliberately indulged in construction and erection of defective works or supply of defective

materials

f. Has not cleared previous dues to BPCL if applicable.

g. Has committed breach of contract or has abandoned the contract.

h. Poor performance of the Agency in one or several contracts;

i. Has not honored the fax of award / letter of award / Contract / Purchase order after the same

is issued by BPCL.

j. Withdraws/ revises the bid upwards after becoming the L1 bidder.

k. Has parted with, leaked or provided confidential / proprietary information of BPCL to any third

party without the prior consent of BPCL.

4.1.2. The following additional grounds can also be reasons for Holiday listing of an agency:

a. If a communication is received from the Administrative Ministry of the Corporation (i.e.

MOP&NG) to ban Agency from dealing with the Corporation ;

b. If the Agency Is or has become bankrupt , OR is being dissolved OR has resolved to be wound

up OR if proceedings for winding up or dissolution has been instituted against the Agency;


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c. Any other ground, including transgression of Integrity Pact, which, in the opinion of the

Corporation, makes it undesirable to deal with the Agency; In the case of transgression of Integrity

Pact, the same should be substantiated by the verdict of the Independent External Monitor.

4.2. Procedure :

4.2.1. Proceedings for Holiday Listing shall be initiated against an Agency when a prima facie case for

Holiday Listing comes up, under any of the above mentioned circumstances; before taking a decision,

a fair opportunity of hearing the party should be given by means of a Show Cause notice. The show

cause notice should indicate clearly and precisely the charges/misconduct which should be based on

facts as can be proved as distinct from mere allegations. Statement containing the imputation of

misconduct or misbehavior may be appended to the show-cause notice and the “Agency” should be

asked to submit within 15 days a written statement in its defense. A proforma of Show Cause notice

is attached at Annexure-I. ;

4.2.2. The proceedings shall start with a proposal for initiating action against the Agency, to be raised

by the Procurement Department which, in the first instance, is to be cleared by the relevant Vendor

De-listment Committee.

4.2.3. The proposal shall state a brief background of the case, the action proposed and all supporting

documents, including a note from the Engineer / Officer – In –Charge or the designated in-charge or

the department responsible for execution of a work, in the case the proposal is related to the

performance of a contract. A draft show cause notice is also to be attached to the proposal.

4.2.4. On preliminary examination of the proposal with attached documents, if the vendor de-listment

committee is of the opinion that action is to be initiated against the Agency, the committee will approve

the proposal along with the proposed Show Cause Notice.

4.2.5. Thereupon the Show Cause Notice, as approved, will be issued by the concerned Procurement

Department. Before issuing the Show Cause Notice, concerned procurement department should

give intimation to the Nodal Department regarding the proposed action against the Agency, along with

a copy of the Show Cause notice for record. The Nodal Department, shall in turn publish this

information in BPCL website for information and reference of all procuring departments across the

corporation

4.2.6. On receipt of the explanation from the Agency, the procurement Department will put up the

proposal for holiday listing, to the competent authority, through the vendor de-listment committee &

the Nodal Department; This proposal would consist of a background of the case, copy of initiation

proposal approved by vendor de-listment committee, copy of the Show Cause Notice issued and

Agency’s reply received and the procurement departments’ comments on the same. The period for

which holiday listing is recommended should also be clearly mentioned in the proposal. All relevant

supporting documents should also be attached; In case no explanation is received from the Agency

within the stipulated time, the case shall be preceded with ex-parte.

4.2.7. The proposal along with the reply from the Agency would be examined by the Vendor de-

listment Committee; thereafter, with the recommendation from the vendor de-listment Committee, the

proposal would be put up through the Nodal Department to the Competent Authority for final decision

on banning or otherwise.

4.2.8. The competent authority, after examining all the materials on record, including the explanation

from the Agency, will give their decision on the proposal. Competent Authority in its decision may :

Approve the proposal for Holiday Listing as such; OR


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Approval the proposal for holiday listing for a period higher than that was recommended, in case

the competent authority is of the opinion that banning for a longer period is required in view of the

gravity of the case; OR

Approve the proposal for holiday listing for a period lesser than that was recommended, in

case the competent authority is of the opinion that lesser period would meet the requirement,

considering the gravity of the case; OR

Reject the proposal, in case, based on explanation furnished by the Agency, the Competent

Authority is of opinion that the alleged misconduct / malpractice was either not substantiated or has

happened on account of circumstances on which Agency had no control.

4.2.9. The decision of the Competent Authority regarding Holiday Listing of business dealings should

be communicated to the ‘Agency’ concerned, by the concerned procurement department. A draft

proforma for intimation of Holiday Listing to Agency is at Annexure II.

4.2.10. The Holiday Listing process should be completed at the earliest, and in any case within

45 days from initiation of case by concerned Engineer / Officer – In-Charge /Department responsible

for invitation of bids

4.2.11. Competent Authority shall decide on the period of holiday listing, on case to case basis,

depending on the gravity of the case and considering the implications for BPCL on account of the

Act/Omission on the part of the Agency, intentions of the Agency as established from the

circumstances of the case, frequency of tendering for work of similar nature etc.

4.2.12. Ordinarily the period for which as Agency is Holiday listed should not be less than 1 year

and should not exceed 3 years. However, in extraordinary circumstances as mentioned below,

banning of 15 years can be done. The broad guidelines for the period of holiday listing based on the

circumstances under which they were put on holiday listing is as under :

S.No Reasons for holiday listing Period of holiday listing

1 Indulged in malpractices resulting in financial loss to the Corporation

15 years

2 Submitted fake, false or forged documents / certificates

3 years

3 has substituted materials in lieu of materials supplied by BPCL or has not returned or has unauthorisedly disposed off materials / documents / drawings / tools or plants or equipments supplied by BPCL

15 years

4 Has deliberately violated and circumvented the provisions of labour laws/ regulations / rules , safety norms, environmental norms or other statutory requirements

3 years

5 has deliberately indulged in construction and erection of defective works or supply of defective materials

3 years

6 has not cleared BPCLs previous dues if applicable 1 year

7 has committed breach of contract or has abandoned the contract

3 years

8 Poor performance of the Agency in one or several contracts

1 year


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9 has not honoured the fax of award / letter of award / Contract / Purchase order after the same is issued by BPCL

1 year

10 Withdraws/ revises the bid upwards after becoming the L1 bidder

1 year

11 has parted with , leaked or provided confidential / proprietary information of BPCL to any third party without the prior consent of BPCL

15 years

12 If the Agency Is or has become bankrupt , OR is being dissolved OR has resolved to be wound up OR if proceedings for winding up or dissolution has been instituted against the Agency

3 years

13 Transgression of Integrity Pact , which, in the opinion of the Corporation, makes it undesirable to deal with the Agency;

3 years

4.2.13. In cases where Holiday Listing is proposed based on advice from the Administrative

Ministry, no show cause or formal decision by competent authority will be required. The Nodal

Department will directly intimate the Agency that they have been placed in Holiday Listing by BPCL

based on the Ministry’s advice

4.2.14. Provision for Appeal;

(i) An agency aggrieved with the decision of the Competent Authority shall have the option of filing

an appeal against the decision of the Competent Authority within a maximum of 15 days from the

date of receipt of intimation of holiday listing.

(ii) Any appeal filed after expiry of the above period shall not be considered by the Appellate

Authority;

(iii) On receipt of the Appeal from the Agency, the Appellate Authority, if it so desires , may call for

comments from the Competent Authority;

(iv) After receipt of the comments from the Competent Authority, the Appellate Authority , if it so

desires , may also given an opportunity for personal hearing, to the Appellant Agency;

(v) After examining the facts of the case and documents available on record and considering the

submissions of the Appellant Agency, the Appellate Authority may pass appropriate order by which

the Appellate Authority may either :

a) Uphold the decision of Competent authority with or without any variation /lesser period of Holiday Listing; OR

b) Annul the order of the Competent Authority. (vi) Appellate Authority shall pass its order within a maximum period of 45 days from the date of

receipt of Appeal.

(vii) Order of the Appellate Authority shall be communicated to the Agency by the Procurement

Department copy of which shall be given to the Competent Authority and also to the Nodal

Department as well. A draft proforma for communicating the decision of the Appellate Authority is

at Annexure III

(viii) No Appeal is permitted in case an Agency is placed in Holiday List by BPCL, based on

Ministry’s advice.

4.2.15. Effect of Holiday Listing


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(i) No enquiry / bid / tender shall be entertained with an Agency as long as the ‘Agency’ name

appears in the Holiday list.

(ii) If an ‘Agency’ is put on the Holiday list during tendering :

a) If an ‘Agency’ is put on Holiday List after issue of the enquiry / bid / tender but before opening of the un-priced bid, the un-priced bid of the ‘Agency’ shall not be opened and BG/EMD , if submitted by the ‘Agency’ shall be returned . If an ‘Agency’ is put on Holiday List after un-priced bid opening but before price bid opening, the price bid of the ‘Agency’ shall not be opened and BG/EMD submitted by the ‘Agency’ shall be returned .

b) If an ‘Agency’ is put on Holiday List after opening of price bid but before finalization of the tender, the offer of the ‘Agency’ shall be ignored and will not be further evaluated and the BG/EMD if any submitted by the ‘Agency’ shall be returned, The ‘Agency’ will not be considered for issue of order even if the ‘Agency’ is the lowest (L1). In such situation next lowest shall be considered as L1;

c) If contract with the ‘Agency’ concerned is in operation, (including cases were contract has already been awarded before decision of holiday listing) normally order for Holiday Listing from business dealings cannot affect the contract, because contract is a legal document and unless the same is terminated in terms of the contract, unilateral termination will amount to breach and will have civil consequences.

(iii) In cases where holiday listing proposal has been initiated by some procurement department in

the Corporation, but the process is yet to be completed and order of Competent Authority is

awaited, the tendering process may be taken forward till price bid opening and after price bid

opening, decision on the tender may be kept on hold till such time order of Competent Authority is

issued.

5. Declaration by Bidders regarding Holiday Listing status: Tenders invited for purchase of Goods and Services for both Open Tenders as well as Limited Tenders, should have the provision that the bidder should submit a declaration to the effect that they are not currently serving any Holiday Listing orders issued by BPCL or MOPNG debarring them from carrying on business dealings with the BPCL/MOPNG or serving a banning order by another Oil PSE. Offers not accompanied with a declaration should be incorporated in rejection criteria. Any wrong declaration in this context shall make the Agency liable for action under this Holiday Listing procedure.

6. Revocation of Holiday Listing:

6.1. An order for Holiday Listing once passed for a certain specified period shall be revoked as

under:

6.1.1. An order for Holiday Listing passed for a certain specified period shall be revoked on the

expiry of that specified period, subject to the Agency giving a request in writing clearly mentioning

the corrective action which has already been taken / proposed to be taken, to avoid recurrence

Specific order of revocation shall be issued by the concerned Procurement Department Vendor

Enlistment Committee, which had recommended the Holiday Listing , after considering the

Vendor’s request, with copy to the Nodal Department.

6.1.2. A Holiday Listing order may, on a review during its currency of operation, be revoked

by the competent authority if it is of the opinion that the disability already suffered is adequate in the

circumstances of the case, and the Agency has taken appropriate action to avoid recurrence.

7. Publishing of holiday listing information in BPCL Web-site:


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7.1. Once an order of Holiday Listing of an Agency is passed by a Competent Authority, the said

information shall be published in the BPCL web-site, by the Nodal Department;

7.2. All Procurement Agencies, should before issue of tender in limited tender cases and before

opening of price bids in all cases, verify with this published information that the bidder concerned

is not currently serving any Holiday Listing orders issued by BPCL; suitable declarations to this

effect shall be incorporated in the concerned approval notes/TEC Note.

7.3. All orders of revocation of holiday listing shall, immediately on revocation, be made available to

the Nodal Department, who in turn shall update the information in the web-site accordingly.

7.4. To take cognizance of the holiday listing process in the initiation stage itself, the Nodal

Department should update the information in the BPCL web site, as soon as they get intimation from

the Procurement Group, along with copy of proposed show cause notice.

7.5. Nodal Department shall intimate each Instance of Holiday Listing and Revocation to other Oil

PSE’s. Similarly information regarding Holiday Listing, if any received from other Oil PSE’s shall be

communicated by the Nodal Department to the concerned Procuring Departments and/or published

in the website for reference.

7.6. If any Communication is recd from the Administrative Ministry (i.e. MOP&NG) advising banning

of business dealings with any Agency, the Nodal Department should take immediate action to

circulate the same to all Procurement Departments within the Corporation, update the website and

also send intimation to the concerned Agency in format Ann. IV

********


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Annexure –I

(Proforma of Show Cause Notice)

BY REGD. POST/SPEED POST/COURIER

No. ………..

Date………..

To

M/s ………………………

……………………………..

Attn.: Shri ………………..

Sub: Show Cause Notice

Ref :

Dear Sir,

You are hereby required to show because in writing within 15 days from the date hereof

why you should not be placed on Holiday List and be debarred from entering into any contracts

with BPCL for the following reasons:

(Give Reasons)

Your reply (if any) should be supported by documents and documentary evidence which

you wish to rely in support of your reply.

Should be fail to reply to this Show Cause Notice within the time and manner aforesaid,

it will be presumed that you have nothing to say and we shall proceed accordingly.

Your reply, if any, and the documents / documentary evidence given in support shall; be

taken into consideration prior to arriving at a decision.

Yours faithfully,

For & On behalf of BPCL.


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Annexure –II

(Proforma for Intimation of Holiday Listing)


No……….

Date………

To

M/s ………………………

……………………………..


Sub: Intimation of Banning of Business Dealings / Holiday Listing

Dear Sir,

WHERAS our Show Cause Notice served to you dated …………………………………….

WHERAS, in spite of the opportunity given to you, you have failed to show cause as required /

your reply to the show cause notice *(and documents and documentary evidence submitted in

support of your reply) has / have been duly considered;

(Speaking Order either to agree or rebut the reply furnished by Agency – allegation wise)

After considering the allegations made in the show cause notice/your reply to the show cause

notice*(and documents and documentary evidence furnished in support thereof) as cited above,

it has been decided that business dealings with you will be banned and you are hereby

debarred from entering into contracts with BPCL for …….. Years/months, effective from the

date hereof.

This order shall have the following effects:

1. No enquiry / bid / tender shall be issued to you nor will the bids submitted by you be

entertained;

2. In cases where tenders have already been issued to you and price bids are yet to be

opened, the price bid submitted by you shall not be opened and BG/EMD, if any,

submitted by you shall be returned.

3. In cases where tenders have already been issued to you and price bids have already

been opened , but final decision is pending, your quote will not be considered for further

evaluation and finalization of the tender, and BG/EMD, if any, submitted by you shall be

returned.


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4. In case of ongoing contracts between you & BPCL, (including cases were contract has

already been awarded before ………..) you will be required to continue with the execution

and perform as per terms of the contract.

In case you are aggrieved by this order, you may file an Appeal before …………………..

(Indicate here the relevant Appellate Authority), within a maximum of 15 days from the date of

receipt of this order. You may represent your case before the Appellate Authority, along with

necessary justification.

On expiry of the above period of holiday listing, you may approach……(indicate the concerned

procurement department) , with request for revocation of the order mentioning inter-alia the

steps taken by you to avoid recurrence of misconduct which has led to the Holiday Listing.

(Give Reasons)

Yours faithfully,



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Annexure –III

(Proforma for communication of Appellate Decision on Holiday Listing Order)


No. …..

Date …..

To

M/s ………………………

……………………………..


Sub: Banning of Business Dealings / Holiday Listing- Intimation of decision of Appellate

Authority

Ref: 1. Order dated ………….. placing M/s ……… on Holiday List by BPCL;

2. Your Appeal reference ………. Dt…….

Dear Sir,

This has reference to the order dt……… placing you on Holiday List and your appeal

petition reference ….. dt…. on the same.

After considering the findings of the Original Authority in order dt….., submissions made by you

in your appeal , and the documents/documentary evidences available on record, it has been

decided finally that

There is no infirmity in the order of the Original Authority, and the allegations stand substantiated and the Holiday Listing for the period of …… years/month from the date of order, as ordered by the original Authority is upheld,

Considering your submissions, the order of Holiday Listing passed by the original authority

is upheld , but with a reduction in period of holiday listing for ……… years/months from

the date of order of original authority;

Considering your submissions and the evidence available on record, there is enough justification to annul the order of the original authority.

(*** Incorporate any one of the above as applicable)

Yours faithfully,



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Annexure –IV

(Proforma for Intimation of Holiday Listing- based on Ministry’s Advice)


No. ………….

Date ………….

To

M/s ………………………

……………………………..


Sub : Intimation of Banning of Business Dealings / Holiday Listing

Ref: MOP&NG’s letter ref ……… dt………, advising banning of business dealings with

M/s………

Dear Sir,

WHERAS we have been advised by MOP&NG that all business dealings with you is to

be banned and you should be placed on Holiday List for a period of …………..yrs/months

from……………….;

You are hereby informed that the business dealings with you would be banned and you are

hereby debarred from entering into contracts with BPCL for …….. Years/months, effective from

the date hereof.

On expiry of the above period of holiday listing, you may approach……(indicate the concerned

procurement department) , with request for revocation of the order mentioning inter-alia the

steps taken by you to avoid recurrence of misconduct which has led to the Holiday Listing

Yours faithfully,
