BHARAT PETROLEUM CORPORATION LTD....d. Bharat Petroleum Corporation Ltd reserves the right to accept / reject any or all tenders without assigning any reason whatsoever. Territory

SEAL SIGNATURE OF TENDERER

Page 1 of 54

BHARAT PETROLEUM CORPORATION LTD.

I&C Territory office , Mumbai Refinery 4th Floor , Old. Admn.Bldg. , North Block

Chembur , Mumbai 400074 Phone Nos. 022-25524416/25544352

TENDER NO : BY(D)/09 dtd.22.11.12

Last date for submission : 12.12.12

at 1500 HRS (IST)

FOR

TENDER FOR BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT MUMBAI/JNPT

PART - A

TECHNICAL/ CREDENTIAL BID

Tender No .BY(D)/09 dtd.22.11.12 Due Date & Time: 12.12.12 at 15:00 hrs


Page 2 of 54

PART – A: TECHNICAL /CREDENTIAL BID

No. DESCRIPTION PAGE NO. 1 Notice Inviting Tender (NIT) 3

2 Instructions for filling and submitting tender 7

3 Tenderer‟s covering letter 10

4 Particulars of Tenderer – Attachment –1 13

5 Details of Barges Offered – Attachment – 2 15

6 General Terms & Conditions and Guidelines –

Attachment -3

16

7 Special Terms & Conditions –Attachment -4 20

8 Barge Contract Agreement –Attachment -5 26

9 General irrevocable power of attorney -Attachment -6 33

10 Details of relationship with Directors of BPCL; Declaration „A‟ „B‟ and „C‟ - Attachment-7

34

11 SC/ST Certificate / Format - Attachment-8 39

12 Integrity Pact – Attachment 9 42

13 Bank Guarantee Format for Security Deposit -Attachment -10

48

PART – B: PRICE BID

No. DESCRIPTION PAGE NO. 1 Price Bid form 53 2 Price Bid instructions 54

NOTE: ALL PAGES TO BE SIGNED & STAMPED BY THE TENDERER



Page 3 of 54

NOTICE INVITING TENDER (NIT)

Sealed tenders in TWO-BID system (Technical/Credential bid with commercial

terms and Price bid) are invited for the work to be done in Mumbai details are as given below: The bidder should ensure that the pre-qualification criteria must be met as specified in NIT document before submission of bid.

1 Tender Ref. No.

2 Name of work BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT MUMBAI/JNPT

3 Cost of tender documents (Non refundable / non-

transferable) To be submitted with Technical Bid, if

downloaded from BPCL Web site

Rs.500.00

4 Earnest Money Deposit (EMD) (by DD)

Rs.1,00,000.00

5 Sale of Tenders (All dates in DD/MM/YYYY)

a) Starts on 22.11.12 at 09:30 hours IST

b) Closes on 05.12.12 at 17.00 hours IST

6 Due date and time :

a) Submission of tenders (Both Technical/ commercial

bid and Price bid)

12.12.12 at 15:00 hours IST

b) Opening of tenders ( Technical Bid Only)

12.12.12 at 15:30 hours IST

7 Contract period One year and extendable by one more year on a yearly basis at the sole discretion of BPCL.

8 Issuing office/Submit the Tender to:-

Territory Manager (Indl), Mumbai Refinery 4th Floor , Old. Admn. Bldg. , North Block Chembur , Mumbai

400074 Phone: 022 – 25524416

1. Purchase of tender documents: The tender documents can be obtained from – I&C Territory Office, Mumbai

Refinery, 4th Floor, Old. Admn. Bldg., North Block, Chembur, Mumbai- 400074 on payment of Rs. 500/- (Rupees Five hundred only) per set by Demand Draft (DD)



Page 4 of 54

(Non-refundable) drawn on any scheduled bank payable at Mumbai in favour of “Bharat Petroleum Corporation Limited”. The Tender documents shall be

available during the working hours at the above mentioned address.

Tender documents can also be downloaded from the website http://www.bharatpetroleum.com (see under category “Industry and Commerce” against the link “Tenders” or use link

http://www.bharatpetroleum.com/EnergisingBusiness/Tenderlist.aspx?id=1). In the event of a Tenderer downloading the tender document from the web site, the tender fee of Rs.500.00 is required to be submitted with the Technical bid. Incase

Tenderers download the tender set from website, they are requested to ensure that all the documents are downloaded and the responsibility of correct/complete

downloading lies with the individual Tenderer. Tenderers downloading the tender set from the website should submit Tender document duly signed and stamped on all pages in prescribed envelopes clearly indicating the details viz. Tender number,

last date/time for submission of tender, date of opening of tender name of the work etc as per the details given in the tender documents.

Corrigendum to this Tender (if any) or any subsequent communications will be published in our above web-site only.

2. Eligibility Criteria:

Parties, who are meeting the following two qualifying parameters as per details mentioned below, only need to apply:

a) Minimum Average annual turnover for the last 3 years (2009-10, 2010-11 &

2011-12) should be Rs. 1 crore.

b) Minimum Two No (2) Barges fully owned by the Tenderer to meet the requirement having minimum Cargo capacities of 400 MT & 700 MT

respectively.

a. Turnover:

The bidder should submit the audited balance sheets and income statements, for the last three years to demonstrate the current soundness of the applicant‟s

financial position. As a minimum, a Bidder‟s net worth calculated as difference of total assets and total liabilities should be positive.

Documents to be submitted for item (a):

i. Attested copies of the audited balance sheet and profit and loss account duly certified by Chartered Accountant with his membership number clearly

http://www.bharatpetroleum.com/

http://www.bharatpetroleum.com/EnergisingBusiness/Tenderlist.aspx?id=1



Page 5 of 54

specified in support of the analyzing parameter of turnover. (for 3 years viz. 2009-10 , 2010-11& 2011-12)

ii. Copies of income tax return for the financial years 09-10, 10-11 & 11-12 need to be enclosed.

b. No of Bunker Barges : The activity proposed in the Tender requires minimum assurance of Two Barges

under Own category. It is therefore required for the Tenderer to own at least Two Barges out of the total barges offered against the enquiry.

The cargo (Bunker Fuel) carrying capacity of atleast one of the Barge out of the total barges offered under Own category should be 700 MT or more. The Cargo carrying capacity of the other Barges offered under own Category should not be

less than 400 MT in any case. The Tenderer may also quote additional Barges under Lease/ charter for the subject Tender , however two Barges under ownership having cargo carrying capacities of minimum 400 MT & 700 MT

respectively shall be the qualifying criterion for the Tender.

Documents to be submitted for item (b) in respect of each Barge offered in the Tender:

i. Attested/Notarized copy of Certificate of Registration under Inland Vessel Act 1917 issued by Maharashtra Maritime Board (MMB)

ii. Attested/Notarized copy of valid Certificate of survey issued by Maharashtra Maritime Board (MMB)

iii. Attested/Notarized copy of the valid License for the carriage of Petroleum in

Bulk by Water issued under rule 33 of Petroleum Rules , 2002 by Mercantile Marine Department (MMD) , Ministry of shipping, Govt. of India.

iv. Attested/Notarized copy of valid Marine Hull Insurance Policy

v. Layout showing Bulk Cargo handling facilities including stripping vi. Latest Calibration charts duly certified by IRS/Classification society/ Naval

architect. vii. Attested/Notarized copy of valid Pass Pilot certificate or Harbour Craft

Licence issued by Mumbai Port Trust/JNPT.

3. Submission of bids:

Completed Tender Documents should reach TERRITORY MANAGER– I&C, BHARAT PETROLEUM CORPORATION LIMITD, Refinery 4th Floor, Old. Admn.

Bldg., North Block, Chembur, Mumbai 400074 Tenders marked “Technical Bid with Commercial Terms without Price‟‟ will be opened on respective due date and time in presence of Bidders at the above

mentioned address.



Page 6 of 54

Price Bid(s) of only the techno-commercially qualified Tenderer shall be reckoned for

further consideration. 4. Mode of selection of Parties: Criteria for selection of parties shall be as given

below: a. The technical / commercial bid of only those parties submitting the tenders

before due date and time, shall be opened on the due date on time of opening.

b. The offers shall be evaluated based on qualifying parameters mentioned above c. After opening the price bids, Ranking of the Tenderers i.e. L-1, L-2, L-3, etc shall

be decided on minimum total financial outgo to BPCL by considering the rates quoted in the Price Bid. In case, any Tenderer has not quoted rates for any or all of items in the Price Bid , then such Tenderers shall be treated as disqualified and

their tender shall be rejected. In case of same price is quoted by two or more parties, the party with higher average annual turnover shall be preferred in the list

made above. For this purpose, Tenderer is required to enclose a certified copy of their audited balance sheet for three financial years 2009-10, 2010-11 & 2011-12 with this tender.

In view of the critical nature of the Barging Services in bunkering, BPCL

wishes to negotiate and award jobs to other than L1 even if the requirement is fully met by L1. Hence the Corporation may decide at its sole discretion to distribute the quantities amongst the technically and commercially

acceptable vendors viz. L1, L2 & L3, who are willing to operate on finalized L1 rates. In such situations the following distribution pattern will be adhered to: The Job will be distributed among 3 vendors, and the percentage allocation

among them would be L1 – 50 %, L2 – 30% and L3 – 20%.

5. Important notes:

a. Mobilization advance shall not be provided for this work. b. Tender without Earnest Money Deposit and Tender Fee will be rejected.

c. The tender documents are NOT TRANSFERABLE. d. Bharat Petroleum Corporation Ltd reserves the right to accept / reject any or all tenders without assigning any reason whatsoever.

Territory Manager –I&C Bharat Petroleum Corporation Ltd

Mumbai Refinery, 4th Floor, Old. Admn. Bldg.,

North Block, Chembur, Mumbai -400074



Page 7 of 54

INSTRUCTIONS TO TENDERERS FOR FILLING AND SUBMITTING TENDER:

Tenders are invited for Bunker barge Contract at Mumbai/JNPT Port. We shall be glad to receive

your lowest quotation for the above work. The tenders are to be submitted in two bid system.

Credential bid and Price Bid in the formats attached herewith.

TECHNICAL/CREDENTIAL BID - To be submitted in a separate envelope marked as “A-TECHNICAL/CREDENTIAL BID”. PRICE BID – To be submitted in a separate envelope marked as

“B-PRICE BID”.

The above sealed envelopes should be deposited in a single big Envelope C in sealed condition at

our office before closing date/time indicated above. Tender received in open condition will be

rejected. Also Price bid enclosed along with credential bid in open condition in the same cover will be rejected.

After you study these documents carefully, you are requested to duly fill the same and submit them

in two different envelopes marked “Credential Bid‟ and „Price Bid‟ (supplied by the Corporation).

The duplicate copy may please be retained with you. The Demand Draft for EMD (Earnest Money Deposit) to be enclosed in the envelope along with „Credential Bid”. The Earnest Money deposit of

Rs.1,00,000/- (Rupees one lakh only) should be paid by Demand Draft payable at Mumbai in favour

of M/s. Bharat Petroleum Corporation Limited. Quotations received without EMD or with inadequate

EMD will not be considered.

Claims for non-receipt of any documents not made well in advance before due date and time will not be entertained.

The tenders will be opened on due date and time as mentioned above in the presence of attending

Tenderers. You or your authorized representative may be present at the time of opening of the

quotations (after submission of appropriate document in support of his identity) at 15:30 hours on 12.12.12 at BPCL, I&C Territory, Mumbai Refinery, Chembur, Mumbai -400074. No separate

intimation will be sent in this regard unless there is a change in the date/time/place of opening.

We shall appreciate your returning to us the tender document with a regret letter in case you are not

interested in quoting for this tender.

(1) The tender is to be submitted in the following manner:

(a) The first part consists of Credential Bid with commercial terms, without price is to be

inserted in envelope „A‟ along with documents required and sealed as per tender terms and

conditions. All the pages of the tender documents have to be duly filled, signed and stamped.

If EMD instrument is not submitted with the Credential Bid, the offer will be rejected.

(b) The second part consists of Price Bid only, in which the Tenderers are required to quote the

rates in the attached PRICE BID and the same has to be enclosed and sealed in the envelope „B‟.



Page 8 of 54

(c) The above envelopes „A‟ containing Credential Bid and the envelope „B‟ containing the Price

Bid should be sealed and inserted into the envelope „C‟. The envelope „C‟ to be sealed and should be dropped in tender box kept at the office of Territory Manager (I&C), Mumbai at

the address given below on or before the due date and time:

Territory Manager (I&C), I&C Territory,

Bharat Petroleum Corporation Limited, Mumbai Refinery 4th Floor , Old. Admn.Bldg.

North Block, Chembur, Mumbai -400074

Tenderer or his representative should personally deposit the tender well before the closing date

and time in our tender box earmarked for this purpose. If the tender is submitted by post, the

same tender documents may be sent by person or through fastest means such as courier/speed post with sufficient caution to be received within specified time. Corporation will not accept

responsibility if the tender is not dropped in the tender box kept at the above address personally

by the tendered but instead handed over to any employees. Tender received late or in open

condition or without tender fees/ EMD not meeting the tender conditions /Incomplete in any

respect are liable to be summarily rejected.

Before finalizing the contract Tenderers may be invited at short notice for negotiations

/verification of documents.

(2) The Tenderer should study all the tender documents carefully and understand all conditions,

specifications etc., before quoting. If there are any doubts, the party should obtain clarification from the BPCL Office prior to submission of the tender.

(3) The Tenderer should quote for all items in the tender schedule. The rate should be expressed

both in figures and in words; where discrepancy exists between the two, the rates expressed in

words will prevail. Similarly, if there is any discrepancy between the unit rate and the amount,

the unit rate will prevail. (4) The rates should be quoted in the same units as mentioned in the tender schedules.

(5) All entries in the tender document should be in Ink/Typed. Corrections, if any should be

attested by full signature of the Tenderer.

(6) Every page of the tender documents shall be signed and sealed by the Tenderer or his

authorized representative

(7) Tenderers are required to quote the tender in conformity with our terms and conditions and no deviating conditions whatsoever will be entertained. Conditional offers will be rejected without

any reason. Tenderers are requested to carefully go through all tender conditions & enclose all

documents asked for Technical evaluations in the Credential Bid.

(8) Tender should be submitted only in the prescribed form supplied by the Corporation. Forms are

not transferable and hence can be submitted only by the purchaser/party in whose name they

are issued. (9) The bidders or their authorized representatives may be present at the time of opening of

the Credential bids (after submission of appropriate documents in support of their

identity) at the place/date/time in covering letter. No separate intimation will be sent in

this regard unless there is a change in the date/time/place of opening of tender.

(10) After scrutiny of the credential bids, Separate intimation will be sent to all bidders who are found technically acceptable advising the date/time/place of opening of price bids.

RATES:

(11) The rates quoted shall be valid for a period of six months (180days). Once the quotation is

accepted the rates quoted shall be firm till the entire works are completed in all respects. No

escalation in rates will be allowed till all the works are completed.



Page 9 of 54

ACCEPTANCE OF TENDER:

(12) Incomplete / conditional tender quotations / quotations without EMD or inadequate EMD or

those received late and / or not confirming to the terms and conditions in the tender documents

will be rejected. (13) The Company reserves the right to accept or reject any or all the tenders in part or in totality

without assigning any reason whatsoever and to re-tender or negotiate with any of / all the

Tenderers or to withdraw/cancel/modify this tender in the manner the Company consider

suitable. The Company also reserves the right to split the Tender and to award the works to

more than one party, if required.



Page 10 of 54

TENDERER‟S COVERING LETTER FROM: DT: M/s.________________________ (Name and address of the Tenderer) To,

Territory Manager (I&C),

Mumbai Refinery 4th Floor , Old. Admn.Bldg. , North Block Chembur , Mumbai 400074

Phone: 022 – 25524416 Dear Sir,

SUB: TENDER FOR BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT MUMBAI/JNPT

With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/documents supplied with tender and return them duly signed and stamped for having accepted in full. We also submit our quotations duly signed in sealed envelope as per enclosed documents: ENVELOPE „A‟ (TECHNICAL/CREDENTIAL BID): TO BE SUBMITTED IN THE SEALED ENVELOPE SUPERSCRIBED “TECHNICAL/CREDENTIAL BID”. Tick “Yes”-For document enclosed Tick “No” –For document not enclosed

No Enclosures Yes /No

1 Notice Inviting Tender (NIT)

2 Covering letter listing all enclosures

3 Demand Draft No.________ dated ________ for Rs. 1,00,000/= drawn on _______________ (only Scheduled Bank) in favour of M/s Bharat Petroleum Corporation Ltd payable at Mumbai towards Earnest Money Deposit are put in envelope for Credential Bid.

4 Particulars of Tenderers as per Attachment I.

5 Particulars of Barge(s) offered as given in Attachment 2.

6 Acceptance of General Terms and conditions by way of signing each page of the same is enclosed – Attachment 3.

7 Acceptance of Special Terms and Conditions, duly signed as a token of acceptance – Attachment 4.

8 Acceptance of Draft Barge Contract Agreement by way of signing of each page of the same enclosed at Attachment 5.



Page 11 of 54

9 Authorized to sign this tender as Proprietor or as per Power of Attorney issued by all other Partners/Directors enclosed as Attachment 6.

10 Details of relationship with Directors of BPCL; Declaration „A‟ „B‟ and „C‟ - Attachment-7

11 SC/ST Certificate / Format - Attachment-8

12 “Integrity Pact” duly signed – Attachment 9

13 Acceptance of Proforma Bank Guarantee for Security Deposit- by way of signing each page - Attachment- 10

14 Attested copies of the audited balance sheet and profit and loss account duly certified by Chartered Accountant with his membership number clearly specified in support of the analyzing parameter of turnover. (for 3 years viz. 2009-10, 2010-11& 2011-12)

15 Copies of income tax return for the financial years 09-10 , 10-11 & 11-12 of Self/Proprietor/All the legal partner/Company enclosed.

16 Attested copies of Firm‟s Registration Certificate/ Trade License.

17 Attested copies of Partnership Deed or Certificate of Incorporation.

18 Attested Copies of PAN, PF, ESIC, Service Tax Regn Certificates

19 Solvency Certificate From Bankers of at least Rs 50 lakhs

20 Attested/Notarized copies of Barge documents : i. Attested/Notarized copy of Certificate of Registration under

Inland Vessel Act 1917 issued by Maharashtra Maritime Board (MMB)

ii. Attested/Notarized copy of valid Certificate of survey issued by Maharashtra Maritime Board (MMB)

iii. Attested/Notarized copy of the valid License for the carriage of Petroleum in Bulk by Water issued under rule 33 of Petroleum Rules , 2002 by Mercantile Marine Department (MMD) , Ministry of shipping, Govt. of India.

iv. Attested/Notarized copy of valid Marine Hull Insurance Policy

v. Layout showing Bulk Cargo handling facilities including stripping

vi. Latest Calibration charts duly certified by IRS/Classification society/ Naval architect.

vii. Attested/Notarized copy of valid Pass Pilot certificate or Harbour Craft Licence issued by Mumbai Port Trust/JNPT.



Page 12 of 54

ENVELOPE „B‟ (PRICE BID): TO BE SUBMITTED IN THE SEALED ENVELOPE SUPERSCRIBED „PRICE BID‟.

I) Schedule of Rates quoted as given in the PRICE BID. II) Note to Tenderers for Price Bid

ENEVELOPE „C‟: BOTH ENVELOPES „A‟ & „B‟ TO BE PLACED IN ENVELOPE „C‟ I am / We are authorized to sign this tender as Proprietor or as per Power of Attorney issued by all other Partners /Directors as per Attachment No 6. Thanking you, Yours faithfully,

Signature:____________________ PLACE: Full Name :__________________________ DATE: (Signed as Proprietor/Partner/Director)



Page 13 of 54

ATTACHMENT – I

PARTICULARS OF TENDERER

CATEGORY : SC / ST / GEN (Tick one) 1. Name of the Firm of Tenderer : _________________________ 2. (a) Regd. Office address of the Tenderer : ________________________ (b) Address for Correspondence : ________________________

3. Phone No. (With STD code) : ________________________ 4. Fax No. : ________________________ 5. Mobile No. : ________________________ 6. E-Mail address : ________________________ 7. Status of the Tenderer (Individual, Proprietor, Partnership, Limited Company,

Co-operative Society, Others-pls. specify)

8. REGISTRATION NO.: (CERTIFICATE ATTACHED) 9. SOLVENCY CERTIFICATE NO. (CERTIFICATE ATTACHED) 10. PAST EXPERIENCE OF SIMILAR NATURE OF JOB HANDLED FOR LAST 3

YEARS. 11. MANPOWER PROFILE OF THE TENDERER:

NO NAME OF THE PERSON QUALIFICATION AGE EXPERIENCE



Page 14 of 54

ATTACHMENT– I (Cont‟d..)

PARTICULARS OF TENDERER 12. Year of Establishment : ___________________________ 13. PF Registration No. (Copy attached) : ___________________________ 14. ESI Registration No. (Copy attached) : ___________________________ 15. Permanent Income Tax No.(PAN) : ___________________________ (copy attached) 16. Income Tax Clearance : ___________________________ Certificate for three years

(Copy attached) 17. Service Tax Registration No. : ___________________________ (Copy attached) 18. Name & Address of the Proprietor/Partners : ____________________ or Directors (wherever applicable) 19. a) Name of Bankers with full address : ___________________________ b) Style of Account and A/C No. : ___________________________ 20. Whether Tenderer, Prop. or any of the Partners / Directors are related (as ___________________________ defined under Company‟s Act 1956) ___________________________ to any of Directors of Company to ___________________________

which tender is being submitted. If ___________________________ so, name of Director of Oil Company ___________________________ and nature of relationship. ___________________________

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

to 180 days from the date of opening of this tender. 22. We confirm that neither Tenderer nor any Tanker Barge offered are involved in

any litigation, which would tender the performance of any obligation

impossible, in case the contract is awarded to us. Signature : _____________________ Name of person signing : _____________________ Tenderer‟s Name : _____________________ Date: Firm‟s Seal : _____________________



Page 15 of 54

ATTACHMENT - 2

DETAILS OF BARGES OFFERED FOR BLACK OIL BUNKER BARGE CONTRACT– MUMBAI/JNPT PORT

1. Number of barges offered :__________ S. No.

Name of the Barge (Registration NO)

Owned /Leased

Cap (MT)

Pumping Capacity MT/Hr

There is a minimum requirement for two Number (2) Barges under Owned Category , however there is no restriction on the No of Barges offered either under Owned or Leased/hired/chartered category. The cargo (Bunker Fuel) carrying capacity of atleast one of the Barge out of the total barges offered under Own category should be 700 MT or more. The Cargo carrying capacity of the other Barges offered under own Category should not be less than 400 MT in any case. The Tenderer may also quote additional Barges under Lease/ charter for the subject Tender , however two Barges under ownership having cargo carrying capacities of minimum 400 MT & 700 MT respectively shall be the qualifying criterion for the Tender. For tanker barges not owned by the Tenderer, a No Objection Certificate (NOC) from owner of the tanker barge for offering the barge against the subject tender during the entire contract period along with legally valid agreement between the barge owner and Tenderer should be enclosed with the tender documents in addition to documents mentioned. If the above barges offered are out of service for any reason, Tenderer shall provide a substitute barge subject to acceptance by Bharat Petroleum Corporation Limited. The successful Tenderer shall position the barges physically at Mumbai along with all valid

permission for inspection within 15 days of issuance of LOI/PO. BPCL reserves right to cancel LOI and opt for alternate actions if above is not completed. Full Name: (Signed as Proprietor/Partner/Director) Signature & Seal of the Tenderer



Page 16 of 54

ATTACHMENT - 3

GENERAL TERMS AND CONDITIONS (TO BE READ CAREFULLY BEFORE SUBMISSION OF THE TENDER)

(A) SUBMISSION OF TENDERS: 1.Before submitting the tender, the tenderers are requested to read very carefully the terms and conditions laid down in the enclosed tender document. All the enclosed tender documents shall form part of the contract. 2.Tender forms are issued in duplicate, tenders must be submitted on one copy of our tender form and should be strictly in line with our terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender documents is liable to be rejected. 3. Counter terms and conditions will not be accepted. 4. All the papers of the tender form should be signed by the proprietor/legal partner or the director as the case may be and the rubber stamp of the firm is affixed as token of your acceptance. 5. Your quotations should be submitted in the envelopes duly sealed and should reach the given address before the due date. Tenderer or his representatives should personally deposit the sealed tender well before the closing date and time in particular tender box earmarked for this purpose. The Corporation will not accept any responsibility if the tender is not dropped in the correct tender box personally by the tenderer but instead handed over to any employee/person. 6. Tenderer should submit all the details and enclosures as has been asked. In case any of the information is not applicable to them. “Not applicable” may be written against the para. Not submitting any information/enclosure sought may be the ground for rejecting the tender. 7. Any additions/deletions or changes in our format will not be accepted. This may be ground for rejecting the Tender. 8. Over-writing should be avoided. Corrections, if any, should be initialed by the tenderer.

9. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender. 10. Complete tender along with EMD should reach the given address before the due date and time as tender received after the due date or time for whatever reasons will be rejected forthwith.



Page 17 of 54

11. Tenders received without EMD/not meeting tender conditions/incomplete in any respect/or with modifications are liable to be rejected. 12. Tenderer, may witness the opening of tender on the appointed date and time by sending one of his authorized representative. 13. (a) EMD of Rs. 1,00,000 (Rupees One Lakh only) per tender by way of Demand Draft

on any Scheduled Bank in favour of Bharat Petroleum Corporation Ltd. Payable at Mumbai should be submitted alongwith Tender.

(b) No interest is payable on the EMD. (c) EMD of the tenders will be refunded only after finalization of the tender. In case of

successful tenderer EMD will be refunded only after completion of all formalities i.e. signing of agreement and submission of requisite Security Deposit to the Company.

(d) EMD will be forfeited if the tenderer:

(i) Modifies/withdraws the offer during the validity period of 180 days from the opening date of tender.

(ii) Refuses to sign the agreement on acceptance of the offer/award of

business or fails to furnish security deposit within the stipulated 15 days period.

(e) Cheque and/or request for adjustment of any pending dues or any other deposit

of contractors will not be accepted as EMD. (B) VALIDITY OF TENDER :

1. Offers should be valid for acceptance within a period of 180 days from the due date of the tender. Once the tender is accepted and work awarded, the rates shall be valid for the entire contractual period. No Tenderer will be allowed either to withdraw or revise these offers after the last date of receipt of quotation.

2. Any offer containing variation from our terms and/or counter condition is

liable to be rejected. 3. Company reserves the right to accept or reject any or all tenders in whole or in

part at their sole discretion, without assigning any reason or to negotiate with any or all tenderers as considered necessary. Acceptance of offer shall be valid only when advised by company in writing to the Concerned successful tenderers.

4. Party shall attach valid Provident Fund Registration Certificate.



Page 18 of 54

5. Party shall attach latest IT clearance certificate. 6. Party shall confirm to provide minimum wages as per minimum wages act as

applicable. 7. Party shall give proof for handling similar nature of work during last 2 to 3

years (Copy of Work order) with any Public Sector Undertaking / large organization undertaking.

(C) AGREEMENT :

Successful tenderers, before undertaking the work, would be required to execute our standard agreement immediately on confirmation of contract failing which the EMD submitted by the contractor will be forfeited without prejudice to other rights and the award may be cancelled without giving further notice. Agreement would strictly be in accordance with the tender terms and conditions.

(D) SECURITY DEPOSIT :

1. Successful tenderers would be required to deposit Security Deposit of stipulated amount within 15 days of acceptance of offer by the Company.

2. The Security Deposit is payable by DD drawn in favour of Bharat

Petroleum Corporation Limited for Rs. 25,00,000 (Rs. Twenty Five lakhs only). However company at their discretion may accept Bank Guarantee from a Scheduled Bank as per the draft that will be given to successful tenderer. The said guarantee shall be valid for at least 6 months after the proposed date of expiry of the Agreement.

(E) PERIOD OF CONTRACT :

Period of contract shall be for the One years with option of Bharat Petroleum Corpn. Ltd. (BPCL) to extend the same by one more year on the same rates, terms and conditions. However, company reserves the right to terminate this contract by giving one month advance notice without being liable to give any reason or pay any compensation.

(F) COMMENCEMENT OF WORK :

1. Successful tenderers before undertaking the work, would be required to

deposit Security deposit and execute an agreement with the Company within 15 days from the date of award of business / Acceptance of offer failing which, the EMD submitted by the Tenderer shall be forfeited and the award cancelled without giving further notice.

2. Agreement would be signed by Bharat Petroleum Corpn. With successful

Tenderers finalized out of those quoting for them.



Page 19 of 54

3. Whenever there is duplication of clause either in the terms and conditions or

in the agreement, the clause, which is beneficial to the corporation i.e. BPCL will be considered applicable at the time of any dispute.

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

business is under consideration. Company inviting tender regret their inability to answer individual queries.

I/We have read the above Terms & Conditions and submit our quotation, taking into account all the conditions.

Signature : ____________________ Tenderer‟s Name : ____________________

Address : ____________________ Date : ____________________ Firm‟s Seal : ____________________



Page 20 of 54

ATTACHMENT 4

SPECIAL TERMS & CONDITIONS

TENDER FOR BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT

MUMBAI/JNPT

1. The contract is for “Self propelled” barge only. Tenderers are requested not to offer Dumb barges /tugs for the above tender. The barge/s offered by the contractors must be duly licensed by MMD/DG(Shipping) and Port Authorities. Following documents/ Certificates must be submitted alongwith other tender documents.

i. Attested/Notarized copy of Certificate of Registration under Inland Vessel Act

1917 issued by Maharashtra Maritime Board (MMB) ii. Attested/Notarized copy of valid Certificate of survey issued by Maharashtra

Maritime Board (MMB) iii. Attested/Notarized copy of the valid License for the carriage of Petroleum in Bulk

by Water issued under rule 33 of Petroleum Rules , 2002 by Mercantile Marine Department (MMD) , Ministry of shipping, Govt. of India.

iv. Attested/Notarized copy of valid Marine Hull Insurance Policy v. Layout showing Bulk Cargo handling facilities including stripping vi. Latest Calibration charts duly certified by IRS/Classification society/ Naval

architect. vii. Attested/Notarized copy of valid Pass Pilot certificate or Harbour Craft Licence

issued by Mumbai Port Trust/JNPT. 2. The barges should be fully equipped to receive transport and decant bulk oil

(Furnace oil) from barges to ship‟s tanks. The pumping rates from barge tanks to ship should be minimum 100 MT per hour for Furnace Oil 380 CST Grade.

3. It is anticipated that at least 2 (Two) Bunker Barges, Fully owned by the Tenderer

will be offered to meet the requirement of commercial Bunkers supplies .The cargo (Bunker Fuel) carrying capacity of atleast one of the Barge out of the total barges offered under Own category should be 700 MT or more. The Cargo carrying capacity of the other Barges offered under own Category should not be less than 400 MT in any case. The Tenderer may also quote additional Barges under Lease/ charter for the subject Tender , however two Barges under ownership with minimum cargo capacity of 400 & 700 MT shall be the qualifying criterion for the Tender.

4. Tenderer, at their own option can offer Barges in addition to the minimum requirement of two Barges. The additional Barges beyond stipulated requirement of two can be owned or under charter/lease of the Tenderer. In case additional Barges are not owned by the contractor, consent letter/lease agreement and other documents from the owner agreeing to the contractor using the barge for transportation of Black Oil for the contract period is to be submitted.



Page 21 of 54

5. BPCL would inform the Barge contractor to position the barge for supplying the product to commercial Bunker. BPCL will supply the product either by pipeline or to Tank Trucks for loading the Barge. The barge contractor should inform Terminal Manager the tentative time and date of readiness of the Barge and also the name of Jetty where the barge is scheduled to berth. Pipeline /TT unloading operation must be supervised by the Barge contractor as the quantity arrived basis mother/shore tank dips will be taken as the final quantity delivered to the Barge. The barge contractor will sign BDR (Barge Delivery Receipt).

6. Tank Trucks have to be placed by the Barge contractor at Mumbai/Sewree for loading of Barge through Tank Truck. In case of any loss in transit, the same will be recovered from contractor” running bills. Necessary documentation for barge operation /Tank Lorry receipts including time sheets should be completed by the barge contractor and the same should be handed over to BPCL representative.

7. The contractor shall at their own cost, keep the Barge/s insured to the full value against all accidents and damages including third party‟s liability for Marine Oil spills.

8. The contractor shall be responsible to pay all port dues, taxes, berthing, Pilot

charges, wharfage, light dues etc required for bunkering BPC wherever applicable. The payment towards these expenses shall be reimbursed by BPCL on production of original Receipts from the Customs/Port authorities.

9. The contractor may required to work day and night round the clock irrespective of

Sunday/Holiday by paying overtime to the members of the crew and work in an efficient manner to the satisfaction of the Corporation‟s official and the customers of the Corporations. No extra charges will be payable.

10. Other terms and conditions of the contract will be as per the corporation‟s standard

rules and regulations.

11. In the event of any failure by the contractors to provide the Barges to meet BPC‟s requirements at any time during the tenure of the contract, the Corporations will be at full liberty to engage other contractors at the risk, cost and responsibility of the Barges contractor/s.

12. The successful tenderer to whom the contract is awarded, shall execute with BPC an

agreement as per its standard proforma copy of which be given along with the Tender.

13. During the currency of contract, no upward revision of rates will be allowed. The

initial period of the contract will be for one year from date of placement of work order and contract period can be extended for another one year at the same rates, terms and conditions at Corporation‟s options. Contractors should be in a position to take up the work immediately on award of the contract.



Page 22 of 54

14. Contractor to supply all equipments, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge should always carry valid test certificate as per approved authorities for the hoses used bunkering operation. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of unloading the product from TT‟s or receiving the product by pipeline and also at the time of delivery to vessels. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

15. All the requirement of oil pollution control cell of Mumbai/JNPT Port Trust or any

other Govt. body will be observed by the contractor. Any violation of such rules including Oil Spill will be the responsibility fully born by the contractor and penalties/fines arising out of the same will be fully born by the contractors. Contractors to keep BPC indemnified against such penalties/fines.

16. Delivery of product from the barge in midstream/at Jetty etc. should be made

efficiently and to the utmost satisfaction of the customer. Quantity delivered to more than one vessel will be determined by flow meter or as per the acceptable calibration chart of the barge by receiving vessel. The contractor will be responsible for both quality and quantity of the product till final delivery and till clean acknowledgement is obtained from the customers.

17. In case the product received on board the barges is not delivered due to any reason,

such matter will be immediately brought to us in writing.

18. Contractor will be responsible to prepare and complete all Bunkering documents as required under MARPOL regulations approved by DG shipping and the barge offered should be fitted with approved bunker sampler so as to take the MARPOL sample at the bunker manifold.

19. BPC will not provide any mobilization charges for bringing the barge to the site

within the port limits of Mumbai/JNPT after successful award of the contract.

20. Barge contractor is required to indicate complete technical details of barges offered as indicated in Credential Bid. BPCL, its authorized employees may at any time shall have access to barges for the purpose of inspecting the barges and assessing whether the Masters, officers and crew are carrying out their duties in accordance with contractual obligations.

21. Barge contractor is required to keep the barges parked at their own during idling

time anywhere in the operating area and should immediately report at respective Jetties

22. Barge contractor is responsible for ensuring safe mooring of barges, submission of proof for last (immediate) product handled, checking emptiness /cleanliness of barge tanks with BPCL Surveyors, carry out checks as per check list, ensure hose connection/disconnection & bonding, ensure no spillage during loading, Co-ordinate



Page 23 of 54

& line up with BPCL supply location for loading, ensure loading up to ordered /nominated quantity (ensure quantity loaded does not exceed order quantity), verification of quantity loaded with Surveyors, sealing of barge tanks compartment wise, obtaining all documentation & sampling equipment & accessories from BPCL representative, collect information regarding delivery location, Ship Details, time of delivery etc, get clearance to leave jetty.

23. Barge Contractor should keep track of the bunker receiving Vessel‟s ETA, its berth at Port and carry out bunkering in close co-ordination with BPCL Custom House Agents(CHA), Vessel Agents, Surveyors & Port Fire Departments. Barge contractor to work closely with BPCL Custom House Agents for all necessary formalities from Port/Customs connected with supply of bunker to vessels. Also liaise with Vessel personnel /Chief Engineer of Vessel for the safe mooring of barges at vessel end & necessary permissions from Vessel for commencement and completion of bunker including hose connection and disconnections at vessel end. Barge should also be provided with adequate fenders all around for safe mooring at vessel end & to minimize damage to the receiving vessel during bunkering. Barges must be kept clean at all times. Paint work on deck and deck pipelines must be maintained at all times. The bunker barge shall be fitted with adequate safe lighting to cover the area of the bunker tanker, manifold connection and hose handling equipments. Barge operator shall collect details of information from vessel/vessel agents in advance for hassle free bunkering.

24. Barge contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring at vessel end, verification of quantity & seal numbers jointly with Surveyors/vessel representative, handing over all documents to Chief Engineer of Vessel, Connection/Disconnection of Hoses, Complete pre-bunkering & pre bunkering safety check lists with vessel representative, Obtain permission from BPCL custom House Agent/vessel Chief Engineer before pumping, Connect drip sampler at Vessel manifold & hand over sample bottles, Monitor bunker supply/loading operations including maintain the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by Chief Engineer of Vessel & submit acknowledged copies of documents along with sealed sample to BPCL representative.

25. Ensure acknowledgements of all statutory /DG Shipping documentations pertaining to coastal bunkers (duty paid) & foreign bunkers (bonded) including obtaining of Signature & stamp of Chief Engineer of the vessel in BDN, Shipping Bill, ARE1, MSDS, QC certificate, Pre-bunkering check list, Pre-bunkering safety check list, Post Bunkering check list, Survey Report, Customer Feedback form & Vessel Sample

Documentations. Also arrange to collect product samples duly labeled and signed by Chief Engineer of Vessel.

26. Sampling at Vessel end:- Barge contractor is required to carry bunker sampling equipments and like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipments needs to be fixed at the vessel manifold in co-ordination with vessel representatives & sample to be collected in to cubitainer



Page 24 of 54

during the entire duration of bunker supply, which in turn is to be transferred to three bottles. One duly labelled, signed, numbered bottle to be given to vessel for their record & two are to be taken back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Sewree /Mahul before next bunker delivery.

27. Barges offered should be fitted with Suitable pumps for loading & unloading of

Black oils (Class “C” products). The pumping equipment of the barge should be maintained by the barge contractor in good working condition during the period of contract. In case of any failure in pumping, alternate arrangements need to be made by the contractor for completing the operations.

28. If due to slow pumping of the product from the barge, a consequential delay occurs

to the vessel, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the slow pumping rate.

29. If due to slow voyage beyond the normal trip time, a consequential delay occurs to

the vessel, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the delays in voyages.

30. The contractor shall ensure that there is no product diversion and shall supply entirely the full quantity of product so received from BPCL to the nominated vessels. The invoicing of the product is as per the shore tank out turn quantity/ Tank Lorry receipt quantity , any transit /operating loss including any excise duty liability will be on barge contractor‟s account. Further, if the product is found contaminated in transit or at the time of delivery of product to the vessel, cost of product will be recovered from the Barge contractor & respective transportation charges will be recovered as appropriate.

31. When barges have to be taken out of service for statutory inspection or dry dock

repairs / maintenance, barge contractor shall obtain prior permission of BPCL and shall make alternative arrangements to transport bunker fuels without any additional cost to BPCL with prior permission of BPCL failing which BPCL shall have the right to make alternate arrangements at the risk and cost of barge contractor and realize from the Contractor any loss sustained by BPCL on account of such arrangements.

32. The Barge contractor shall check each consignment received from Loading Points in

the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc if any, to the BPCL officer in charge

of loading. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc occurs after the FURNACE OIL is handed over to the contractor, he shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the



Page 25 of 54

contractors bills /Security Deposit without prejudice to BPCL‟s right to claim balance amount, if any from contractor.

33. In case goods are held up en-route due to any break-down or accident or Force Majeure situation, the matter shall be intimated to BPCL immediately over phone or in person and confirmed in writing thereafter. Meanwhile Contractor has to arrange alternate barge for transferring product from damaged barge to new /fresh barge immediately and ensure that the product is delivered within the stipulated time with the quantity loaded at loading. Barge shall not stop anywhere en-route other than for reasons mentioned above.

34. The barge contractor has to arrange to insurance coverage for risks associated with transport of product. The contractor has to arrange insurance coverage for his barge & barge crew. The contractor is responsible for any liabilities on account third party claims and marine pollutions. The barge contractors shall be liable for and agree to indemnify BPCL against all claims, costs, expenses, proceedings, actions, suits, demands & liabilities whatsoever arising out of actual or potential pollution damages and cost of clean up or control thereof arising from the acts or omissions on the part of barge contractors. Product Insurance is in the scope of BPCL.

35. In case it is found that the seals are tampered en-route and if there is a shortage in the quantity transported, the cost of short delivered material will be recovered from the contractor.

36. Performance of the barge contractor shall be evaluated at the time of extension of

contract based on broad parameters like timely placement of barges, timely delivery, crew behaviour, interaction with all stake holders in the bunker supply chain, adherence to all our tender conditions & Statutory compliance etc

37. Barge contractor shall submit bills along with details of voyage/BDN/time sheets of

barge operations. Bills will be processed for payments only against due verification /certification by authorized BPCL representative.

I/We have read above and submit our quotation.

Signature_________________

Date______________________

Name of BARGE OPERATOR __________________ Name of Tenderer _______________________ Address ________________________________



Page 26 of 54

ATTACHMENT-5

CONTRACT FOR BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT

MUMBAI/JNPT THIS AGREEMENT made on this __________________ day of ______________ 2012 Between - Bharat Petroleum Corporation Ltd., a company incorporated under the Companies Act, 1956 and having its Registered Office at Bharat Bhavan I, 4 & 6 Currimbhoy Road Mumbai – 400 001, hereafter called “The Company”(which expression shall include its successors and assignees) on the one part and M/s ______________________-

carrying on business in the firm name and style of M/s. ___________________________________________________________________________ hereinafter called “The Contractors” (which expression shall be deemed to include his legal heirs, executors, of the present constituents in case of firm or official liquidator in case of company) of the OTHER PART. WHEREAS THE contractor is desirous of carrying out the work of operating Black oil Bunker Barge at Mumbai/JNPT PORT for the Company and WHEREAS the Company has agreed to appoint the Contractor/s upon the terms and conditions hereinafter recorded. NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows :- 1. The contractor will provide all the equipment and manpower required for carrying

out of any of the work assigned to them (as detailed in scheduled of rates attached hereto, by the Company under this contract) by the Territory Manager or his down delegated authority at Territory office.

2 The company shall pay to the contractors for the performance of the various

work at the rates specified in the schedule attached hereto . The rates finalized will be firm for the entire contractual period. No escalation in rates during the contract period will be granted unilaterally.

3. The contractor shall submit to the company bills by a stipulated date or within two

months “Whichever is earlier and in the form prescribed by the Company for payment at Company‟s office duly certified by the location to which the contractor is/are attached. Bills submitted after two months from the date of completion of job will be rejected.

4. The rates specified in the schedule attached hereto will apply under all working

conditions and the contractor/s will not be entitled to any extra allowance during the currency of the contract, unilaterally.

To be executed on Rs.200

NJ Stamp paper



Page 27 of 54

5. Any Octroi /Terminal Duty/Other taxes, wharfage or landing charges paid on our products and on behalf of the Company by the contractor/s will be reimbursed by the company on production of original receipts. Payment of demurrage and such other charges which may arise due to negligence/tardiness of the contractor/s shall not be covered under the above unless such payments are admitted by the Company for reimbursement.

6. That the compliance of all Government Rules and Regulations regarding

employment and working conditions of personnel, including various statutory facilities shall be provided for by the contractors. The contractor/s will be responsible for any fines for non-compliance of any such Rules.

7. The contractor/s shall maintain all records as required under the Factories

Act/payment of wages Act/Workmen‟s Compensation Act/Employee State Insurance Act or any Acts in force at that time. These records will be open for inspection by the Company‟s representative as and when required.

8. a) The Contractor/s shall ensure that no amount by way of commission or otherwise is

deducted or recovered from the wages of the workmen employed by him and that the wages shall be paid by the contractor/s to the workmen directly without intervention of any person.

b) The contractor/s shall introduce the Provident Fund Scheme to the Workmen

Employed by him, if so required by law as envisaged by the provisions of Employees provident Fund Act or any statutory modification and/or enactments of the said statutes and/ or rules framed therein.

c) The Contractor/s shall duly introduce the contributory scheme for the employees

under him if so required by law as envisaged by the provisions of the Employees State Insurance Act.

d) The contractor/s shall observe and implement all the laws of the land and the rules

framed there under which are beneficial to the workmen employed by him/them and that the Company shall in no event, be liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Contractor/s and that the Contractor/s shall in no event, be liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Contractor/s and that the Contractor/s shall indemnify and keep indemnified the Company against the same and from all proceedings in respect thereof.

e) The contractor/s shall also be solely responsible for any breach or contravention of all the Labor Laws, Rules regulations or by-laws passed or made by the Central and/or State Government and/or other authorities as may be applicable from time to time to the workmen employed by him, directly or indirectly, without prejudice to the generality of the foregoing, the concerned authorities respectively appointed under the Payment of Wages Act, Shop and Establishments Act, Factories Act and the Workmen Compensation Act, Inter State Immigration Workmen (Regulation of



Page 28 of 54

Employment and conditions of Service) Act, 1979: Contract Labor (Regulation and Abolition) Act 1979 or any Statutory Rules framed there under and the Company shall not be responsible in any manner for any liability arising out of the non-compliance by the Contractor/s for the same.

f) Officers of the Company shall have the right at its discretion at any time and from

time to time, to make inspection of all the records maintained by the Contractor/s and in this regard make such enquiries as it may deem fit for ensuring the strict compliance of the Minimum Wages Act, 1948: Payment of wages Act or any statutory modification and/or enactments of the said statues of rules there under by the contractor/s.

g) The Contractor/s shall implement various standards drawn by Indian Standards

Institution (ISI) on the subject of safety of workmen and faithfully implement the same for the benefit of the workers employed by him during the course of performance of the contract wherever applicable.

9. The contractor/s shall pay E.S.O.S. contribution (Employees) and shall be

responsible for recovery d remittance of employees contribution. The contractor/s shall maintain all records and stipulated under E.S.I.S. Act.

10. The contractor/s will be liable for any loss or damage to the company, Company

employees, contractor‟s employees or to any third party resulting from fire, Leakage, negligence, explosion, accident or any other cause in carrying out the work assigned to them and the contractors shall indemnify and keep the Company indemnified for such amount as the Company may be called upon by law to pay. All labour, workmen and persons employed by the contractor/s shall not be on account of the Company and shall deemed to be the contractors‟ own labour so that no service conditions, payment liability in respect of such persons would be attached to the Company and the Contractor/s will have to indemnify the Company against the same.

11. That the Contractor/s will make good the Company any loss arising from :

a) The Confiscation by Government or local authorities of any goods delivered to the contractor/s for transportation, clearing/forwarding/Loading/unloading or in transit.

b) It is to be clearly understood that the property or the goods in possession or under power of the agent will remain the sole and absolute property of the Company provided, however that said Agent will be liable for any loss or damage to the said goods and their liability will not be merely that of a bailee.

12. That the Contractor/s agrees/agree to employ competent and efficient employees

and operators to ensure that the work is done correctly. Any loss caused on account of contractor/s employee‟ negligence or any other sub-agent/s including road transport employed by him, theft default or any commission or conduct shall be made good by the contractor/s. Contractor‟s employees and representative in side



Page 29 of 54

the Company‟s terminal/Installation/Depot should confirm to the Company‟s working rules.

The contractor/s agree/agrees to clear/ forward consignments by road/water within a reasonable time of being asked to arrange for the same. Any demurrage/storage, other charges levied by the transporters or storage owners would be to the contractor‟s account unless he/they are able to prove that they are not allowed sufficient time for carrying out the duties. The Contractor/s will also be responsible for the safe conduct of goods in transit with them.

13. In the event of the Contractor‟s failure to carry out the work assigned to them within

a reasonable time, contractor/s shall be liable to make good the Company and expenses that may be incurred by the Company in making other arrangements for carrying out the work.

14. The Contractor/s shall be responsible for and shall pay any compensation to their

employees‟ payable under the Workmen‟s Compensation Act, 1923 and 1933 and the Amendments thereto, for the injuries caused to the workmen. The Contractor/s shall be responsible for any pay the expenses for providing medical treatment to any employees who may suffer any bodily injury as a result of any accident. The Contractor/s shall keep the company indemnified against the same and from all proceedings in respect thereof. In every case in which by virtue of the provisions of Section 12 Sub-section(1) of the Workmen‟s Compensation Act 1923, the company is obliged to pay compensation to workmen employed by the Contractor/s in execution of the works, the company will recover from the contractor/s the amount of compensation paid, and without prejudice to the rights of the company under section(1), Sub-Section-II of the said act, the company shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due to the Company to the Contractor/s whether under this contract or otherwise. The company shall not be bound to contest any claim made against it under Section 12, sub-section(1) of the said Act except on the written request of the contractor/s and upon his giving to the Company full security for all costs for which the company might become liable in consequence of contesting such claim.

15. The contractor/s will deposit a sum of Rs. 25,00,000 lacs (Rupees Twenty Five

Lakhs) by way of demand draft as Security Deposit (Company at their discretion may accept Bank Guarantee from Scheduled Bank ) with the company for the due performance of the work by the Contractor/s and observance of all the conditions hereof and it shall be lawful for the Company to appropriate the entire deposit or/and part thereof against damage, costs charges or expenses arising out of the

contractor/s failure to observe any of the terms and conditions of this contract. This is without prejudice to the other remedies under the law open to the company.

16. This agreement shall be for a period with effect from 01.03.2013 to

28.02.2014 , the contract can be extended beyond this period by one more year i.e till 28.02.2015 on same rates, terms and condition with option of Bharat Petroleum Corporation Ltd., Upon, if services rendered by contractor



Page 30 of 54

are found satisfactory by the Company. However the company reserves the right to terminate the contract at any time before expiry of the period of contract by giving the contractor 30 days notice in writing without assigning any reason whatsoever.

17. It is specifically agreed by and between the parties hereto that the company shall

have the right to terminate this contract at any time during the currency of the contract if the services are not found satisfactory and without giving any notice in writing.

18. Notwithstanding anything herein above contained in the event of contractor being

adjudicated insolvent or being a company resolved or ordered to the wound up, then in such event agreement shall automatically stand terminated and in the event of breach, default or violation of any of the terms hereof, of which the Company shall be the sole judge and the Company shall be at liberty to terminate this agreement forthwith and without prejudice to all other rights, remedies and claims of company under this agreement or otherwise in law against the contractor and the Contractor shall not be entitled to any claim for loss, compensation or damage arising out of any such early termination.

19. The Company reserves the right to award parallel contract/s without giving any

notice or prior intimation to the existing contractor/s. 20. Any goods in the custody of the contractor/s at the time of termination of the

contract by influx of time or by notice or otherwise however shall be handed over to the Company properly.

21. Terms and conditions detailed and covered under General/Special Terms with tender

documents from a part of this agreement. 22. 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



Page 31 of 54

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 there under for the time being in force shall apply to the arbitration proceedings under this clause.

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.



Page 32 of 54

23. All conditions as covered in tender documents under General Conditions/Special conditions, schedule of items and as covered in this Agreement will apply.

24. Contractor will be responsible to prepare and complete all Bunkering documents as required under MARPOL regulations approved by DG shipping and the barge offered should be fitted with approved bunker sampler so as to take the MARPOL sample at the bunker manifold.

IN WITNESS WHERE OF THE parties have executed these presents on the day, month and year herein above mentioned. SIGNED & DELIVERED ON BEHALF Signature ______________ OF (within named Corporation) Name_________________ Designation____________ IN THE PRESENCE OF WITNESS Signature______________ Name________________ SIGNED & DELIVERED BY THE Address______________ WITHIN NAMED (CONTRACTOR/S) Name________________ (Signature as Proprietor/Partner/Director) Name & Address ______________________ Of the Firm ______________________



Page 33 of 54

ATTACHMENT - 6

GENERAL IRREVOCABLE POWER OF ATTORNEY (On Non-judicial stamp paper of Rs. 100)

We, the undersigned (Tenderers for Barge contract) 1) Shri ___ 2) Shri ___ __ 3) Shri all residing at _________ the Partner(s)/Director(s) of M/s. having its registered office at do hereby nominate, authorise 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 behalf of our firm.

i) To sign, seal execute, perfect and/or complete the tender documents of providing barges for bunkering operations by the tenderer and also relevant documents required by M/s. BPCL a company incorporated 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 “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 everything necessary suitable or proper with regard to the said tender.

iii) To sign, seal execute, perfect and / or complete Agreement for providing barges for bunkering operations by the tenderer and all and/or any other document, Indemnity bonds etc., required by the Company in connection with the said Agreement.

iv) To do all acts, deeds as may be necessary for and incidental to the execution of and proper performance of the said Agreement with the Company.

We the said Partner(s)/Director(s) do hereby agree to allow, verify and confirm all and whatsoever the said Shri shall or may do or cause to be done in or about the said tender and the 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 / Agreement / or refund of our Security Deposit, whichever is later. In witness whereof, we have here-into set and subscribed our hands at Mumbai this day of Two thousand . SIGNATURES Signed Seal and delivered by 1) Shri the within named Partners / 2) Shri Directors of M/s. 3) Shri Before me Notary Public Notary‟s Stamp)



Page 34 of 54

ATTACHMENT- 7

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

organization structure.

Organizational structure Part of the form

applicable.

Sole Trader PART - A

Partnership PART - B

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

PART – A

(Applicable where Tenderer is Sole Proprietor)

1. Name:

2. Address- Residence: Office:

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

4. If „Yes‟ to 3, state the name of BPCL‟s Director and Tenderer‟s relationship with him / her.

Place: SIGNATURE OF TENDERER

Date:



Page 35 of 54

PART – B

(Applicable where the Tenderer is a partnership firm)

1. Name of the partnership firm responding the tender:

2. Address:

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

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

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

7. If “Yes” to 6, state the name(s) of BPCL Director and the concerned partner‟s

relationship with him / her.

*Strike off whichever is not applicable.


Date:

PART – C

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

Society)

Name of the Company responding the tender:

Address of: (a) Registered Office:



Page 36 of 54

(b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.

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

BPCL: Yes/No

6. If „Yes‟ to (5) state the name(s) of the BPCL Director(s). 7. State whether any of the Directors of the Tenderer Company is related to any

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

the tenderer Co.) relationship with him / her.

*Strike out whichever is not applicable.


Date:

DECLARATION „A‟

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

standard Agreement.

Place: Signature & Seal

Date:



Page 37 of 54

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

Corporation / Central / State Government

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

officers of the Corporation. Name of the Employee Name and Designation of

of the Contractor the Officer of the Corporation 1. __________________________ ________________________

2. __________________________ ________________________

3. __________________________ ________________________

4. __________________________ ________________________

Place: Date: Signature & Seal

DECLARATION „C‟

The Tenderer is required to state whether he is a relative of any Director of our

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

relative is a partner or is any other partner of such a firm or alternatively the

Tenderer is a private company in which Director of our Corporation is member or

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



Page 38 of 54

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‟s Son‟s Wife

12. Son‟s Daughter

13. Son‟s Daughter‟s Husband

14. Daughter‟s Husband

15. Daughter‟s Son

16. Daughter‟s Son‟s Wife

17. Daughter‟s Daughter

18. Daughter‟s Daughter‟s Husband

19. Brother (including Step Brother)

20. Brother‟s Wife

21. Sister (including Step Sister)

22. Sister‟s Husband



Page 39 of 54

ATTACHMENT -8

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should submit in support of his claim a certificate issued within one year preceding

the date of the tender opening for _________________________________contract, in original, with a copy thereof, in the form enclosed from the District Officer or the

sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a

certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer him / herself ordinarily resides otherwise than for the purpose of his own education.

The enclosed format below is to be used for the purpose.

_________________________________________________________________________________

Form of certificate to be produced by a candidate belonging to a Scheduled Caste or

Scheduled tribe in support of his claim.

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

……………………….of village /town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is

recognized as Scheduled Caste / Scheduled tribe* under:

@The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950

@The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951

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

(Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976) @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989

@The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959



Page 40 of 54

@The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962

@The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968

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

@The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe

Certificate issued to Shri / Smt* __________________ father / mother of Shri / Smt / Kumari* ____________________________ in District / Division ____________________ of the State / Union Territory* ________________

________________________ who belong to the _____________________ Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in

the State / Union Territory* ___________________________ issued by the

______________________________________ (Name of prescribed authority) vide their

no. ____________ dated ______________

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

ordinarily reside(s) in village / town _______________________________ of

______________________ District / Division of the State / Union territory of

________________________

Signature………………………

Place………………………State/Union Territory

Date……………………… Designation…………………...

(With seal of Office)

* Please delete the words, which are not applicable.

@ Please quote specific Presidential Order.

% Delete the paragraph, which is not applicable.

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

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



Page 41 of 54

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

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

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

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

2. Chief Presidency Magistrate / Additional Chief Presidency Magistrate /

Presidency Magistrate

3. Revenue Officers not below the rank of Tehsildar.

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

normally resides.

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

Islands).



Page 42 of 54

ATTACHMENT -9

INTEGRITY PACT

Between

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

And

M/s _______________________________________________ hereinafter referred to as “The Service Provider”

Preamble The Principal intends to award, under laid down organization procedures,

contract/s for ______________________ The Principal values full compliance with all relevant laws and regulations, and the principal of economic use of resources, and

of fairness and transparency in its relations with its Bidders/s and Contractor/s. In order to achieve this goal, the Principal co-operates with the renewed

international Non-Governmental Organization “Transparency International‟ (TI). Following TI national and international experience, The Principal will appoint an

external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1– Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption

and to observe the following principles:

i. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/ herself or third person, any material or

immaterial benefit which he/ she is not legally entitled to.

ii. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder

confidential/ additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

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



Page 43 of 54

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

is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2– Commitments of the Bidder/ Contractor

(1) The Principal commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his

participation in the tender process and during the contract execution.

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

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

in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

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

agreement or understanding, whether formal or informal. This applies in

particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bid or any other actions to restrict

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

corruption Laws of India; further The Bidder/Contractor will not use improperly, for purpose of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the

business relationship, regarding plans, technical proposal and business details, including information contained or transmitted electronically.

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

payment he has made is committed to or intends to make to agents, brokers

or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from process and exclusion from further contracts If the Bidder, before contract award has committed a transgression through a

violation of Section 2 or in any other form such as to put his reliability or



Page 44 of 54

credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such

reason. (1) If the Bidder / Contractor have committed a transgression through a violation

of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of the exclusive will be

determined by the severity of the transgression. The severity will be determined by the circumstance of the case, in particular the number of transgression, the

position of the transgressor within the company hierarchy of the Bidder and the amount of the damage. The exclusive will be imposed for a minimum of 6 months and maximum of 3 years.

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

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

possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal‟s absolute right to resort to and impose such exclusive and further accepts and undertakes not to challenge or question such exclusive on any ground,

including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal

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

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

Section 4 -Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/ Bid

Security.

(2) If the Principal has terminated the contract according to Section 3, of if the Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor

liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee.



Page 45 of 54

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder/ Contractor can prove and

establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the extent of the damage in the amount

proved. Section 5 – Previous Transgression

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

with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

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

for such reason.

Section 6 – Equal treatment of all Bidder / Contractor / Subcontractors

(1) The Bidder / Contractor undertake to demand from all subcontractors a

commitment in conformity with this Integrity Pact, and to submit it to the

Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidders/ Contractors/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an employee or a representative or 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,



Page 46 of 54

whether and to what extent the parties comply with the obligations under this agreement.

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

and performs his functions neutrally and independently. He reports to the

Chairperson of the Board of the Principal. (3) The Contractors accepts that the Monitor has the right to access without

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

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

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

meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the

Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the

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

in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder/ contract to present its case before making its recommendations to the Principal.

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

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

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

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

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed



Page 47 of 54

against such offence or reported it to the Vigilance Commissioner, Government of India.

(9) The word “Monitor” would include both singular and plural.

Section 9 – Pact Duration This Pact being when both parties have legally singed it, If expires for the

Contractor 12 months after the last payment under the respective contract, and for all other Bidders, 6 Months after the contract has been awarded. If any claim is

made / lodged during this time, the same shall be binding and continue. To be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai Terminals. The Arbitration

clause provided in the main tender document/ contract shall not be applicable for any dispute arising under Integrity Pact.

(2) Change and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be

signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the

reminder of this agreement remains valid. In this case, the parties will strive to

come to an agreement to their original intentions.

----------------------- -------------------------------- For the Principal For the Contractor

Place____________________ Witness 1: _____________________ Date ____________________. Witness 2: _____________________



Page 48 of 54

ATTACHMENT -10

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

BANK GUARANTEE

This Deed of Guarantee made this ___________ day of ________________ Two

Thousand Twelve 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 ___________ 2012 made

between ________________________________________ therein and hereinafter described as the Service Provider of the one part and the CORPORATION of the other part, the

job as described therein had been awarded to the Service Provider by the CORPORATION to be done on the terms and conditions contained therein.

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

aforesaid agreement.

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

NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENENTED AGREED AND DECLARED BY THE GUARANTOR AS FOLLOWS :

1. The Guarantor shall also pay to the Corporation on demand without any

demur any other amount that may be payable by the Service Provider to the

Corporation under the aforesaid agreement and will indemnify and keep indemnified safe and defended the said Corporation at all times hereafter against any loss which the Corporation may suffer by reasons of any default



Page 49 of 54

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



Page 50 of 54

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.

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



Page 51 of 54

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

The GUARANTOR herein at

---------------------------- in the presence of :



Page 52 of 54

I&C Territory office , Mumbai Refinery 4th Floor , Old. Admn.Bldg. , North Block

Chembur , Mumbai 400074 Phone Nos. 022-25524416/25544352

TENDER NO : BY(D)/09 dtd.22.11.12

Last date for submission : 12.12.12

at 1500 HRS (IST)

FOR

TENDER FOR BUNKER SUPPLY OF BLACK OIL BY

TANKER BARGES AT MUMBAI/JNPT

PART – B

PRICE BID



Page 53 of 54

SCHEDULE OF RATES TENDER FOR BUNKER SUPPLY OF BLACK OIL BY TANKER BARGES AT MUMBAI/JNPT

Total Amount in Words :Rupees

Tenderer : M/s.____________________ Signature of Authorized Signatory Date :______________ Name :_________________

Place:______________ Designation:__________________

Ite

m

No

(1)

Job Description

(2)

Estimated

Qty (MT ) in

a year

(3)

Minimum

Charges /

Shipment

(Min. Shipment Size : 150 MT)

(Rs)

(4)

Rate

(Rs./MT)

(5)

Amount (Rs.)

(6) = (3)X (5)

i) Bunker Delivery charges for supplying

Bunker fuel to Vessels at berth Mumbai Port/Mumbai Inner

Anchorage/JNPT. Loading of Barge

from Mumbai Dock (Mallet

Bunder/Pirpau Jetty).

140000

iii) Bunker Delivery charges for supplying

Bunker fuel to Vessels at Mumbai Outer Anchorage. Loading of Barge

from Mumbai Dock(Mallet

Bunder/Pirpau Jetty).

20000

iv) Road Delivery Charges for transfer of

Bunker fuel in Tank Trucks from Sewree/Mahul Terminal to Mumbai

Dock (Mallet Bunder/Pirpau Jetty)

160000

Applicable Service Tax on Item No____________________ (indicate item No) at ____________ %

(Indicate Service Tax)

Total Amount (Rs)



Page 54 of 54

Price Bid Instruction :

i. Price quoted should be written in both figures and words. Tender is liable for rejection in case of usage of Blackner for erasing.

ii. Price quoted should be inclusive of all charges except statutory payments in bunker delivery like Wharfage , Piloting , Berth Hire & Custom over time charges. The payment towards these charges shall be reimbursed to tenderer on production of original receipts from Port/Customs Authorities.

iii. Tenderers are required to quote Service Tax , if applicable. (Tenderers are also required to sumit a copy of their service tax registration). For price evaluation, rates including Service Tax will be considered, if applicable. If the barge contractor is not quoting/charging service tax separately, any liability arising in respect of service tax shall not be passed on to BPCL & necessary undertaking to this effect should also be

submitted. iv. Estimated Quantities indicated above are only for submission of quotes and may

vary depending on demand for bunkers and BPCL does not guarantee equivalent business to the successful tenderer.

v. The requirement is for “Self Propelled Barges” only. Please do not offer dumb Barge /tugs.

vi. Tenderers are requested to quote strictly after site visits to Barge loading Dock , BPC Terminals for assessment of conditions / restrictions at respective navigational channels / locations / operating area.

vii. Product would be supplied from Terminal at Sewree & Mahul. The product is to be loaded from these terminals through tank trucks & to be decanted in to the barge at Mallet Bunder/Pirpau Jetty.

viii. Transfer of Bunker fuel from BPC Terminal to the Barge Loading Jetty is integrated part of the Tender & the Tenderer can either place owned or hired Trucks at BPC Terminal.

ix. BPC is also working on the proposal of supplying the product from Mahul through Pipe line to the Barge at Pirpau Jetty.

x. Rates quoted shall be firm during the entire contract period and no escalation or de-escalation shall be applicable

xi. Tenderer must quote for rates for all items mentioned in the Price Bid Format. Tenderer not quoting rates for any of the items shall be dis-qualified and their tender shall be rejected

xii. The job shall be awarded on the basis of minimum financial outgo to BPCL. xiii. The notice period for placement of barge/mobilization of Tank Truck would be 12

Hours . The “delivery window” shall be 3 days (72 hours) from the time of placement of barge at the loading Jetty.

xiv. Payment Terms :- After the delivery of the bunker fuels to the Vessel, contractor shall submit bills with Original copy of BDN , MARPOL check List & ARE 1 (for NIL duty/Bonded supply). BPCL shall pay to the contractor within 15 days of receipt complete documents at their Office subject to statutory deductions, if any.

SIGN AND STAMP OF TENDERER