Packed Transportation Tender - AWS

(Material for NIT to be published)

Indian Oil Corporation Limited (IOCL)

NOTICE INVITING E – TENDER - EOI Electronic bids (e –tender) are invited under Two-Bid system from bonafide Bidders as per the following details:

Name of Work : Transportation of Indane LPG Cylinders in vertical position on fixed rate basis

Ex BHAVNAGAR LPG Bottling Plant.

EOI No. Tender Download Period Bid submission

/Upload Closing date From To

GSO/LPG-O/EOI/05/2018/

PACKED TRANSPORTATION 22.06.2018 16.07.2018 16.07.2018

Opening Date of Technical bid : 17.07.2018, 1430 hrs.

Contact person(s), Telephone Nos. and email id : Available in Tenders at website as mentioned

below :

P B Patil, GM (LPG-OPS), GSO, [email protected]

During tender download period, tender documents can be downloaded from & submitted on

https://iocletenders.nic.in/

Note: All bidders must have Digital Signature Certificate and shall have to register themselves at the

above mentioned websites in order to download the tender documents and also for submission of the

bid. Online response submitted on above mentioned websites shall only be accepted. All revisions,

clarifications, corrigenda, addenda, time extensions, etc. to the tender will be hosted on above

mentioned websites only. Bidders should regularly visit the websites to keep themselves updated.

STATE OFFICE : GUJARAT STATE OFFICE

INDIAN OIL CORPORATION LTD. (Marketing Division)

(STATE OFFICE ADDRESS)

-INDIAN OIL BHAVAN,

205, NEAR SOLA FLYOVER,

SG HIGHWAY, SOLA

AHMEDABAD 380 060

STATE OFFICE TEL. NO. 079-26474229

TECHNICAL BID

Subject: Transportation of Indane LPG Cylinders in vertical

position on fixed rate basis Ex-BHAVNAGAR -LPG Bottling

Plant.

Tender No. : GSO/LPG-O/EOI/05/2018/PACKED TRANSPORTATION

Index of Technical Bid

PART – A: TECHNICAL/ COMMERCIAL BID

SR. NO.

DESCRIPTION

1 Notice Inviting Tender (NIT)

2 Pre –Qualification criteria (PQC)

3 Other documents to be submitted

4 General Instructions to Bidders

5 Tender Evaluation Criteria

6 Declaration by bidder in his/ her letter pad (Check list of documents to be submitted)

7 Standard Tender Conditions

8 Special Tender Conditions

9 Standard Taxation Condition

10 Details of markets , provisional RTD & tentative monthly upliftment as per Annexure-A

11 Documents to be uploaded as per Annexures I-XV

12 Transport Contract Agreement

13 Drawings (showing details of truck(s) fitting including cage & painting scheme)

14 Documents not to be uploaded as per Annexures W1-W8

15 Transport Discipline Guidelines (TDG) (attached separately)

16 Special Instructions to Bidders (attached separately)

1-NOTICE INVITING e-TENDER (NIT) – (EOI)

Indian Oil Corporation Limited (IOCL), a public sector oil company and the largest Commercial undertaking in the country, is engaged in the business of refining, transportation and marketing of crude oil and petroleum products. Indian Oil Corporation is a Fortune “Global 500” Company.

Indian Oil Corporation Limited (Marketing Division) hereby invites digitally signed e-tender in ”Two-Bid System”, (Part A: Technical-Bid with Commercial Terms and Part B: Price-Bid) from Company, partnership / proprietorship firm, Co-operative Society meeting the minimum PQC (pre-qualification criteria) for award of contract for Transportation of Indane LPG Cylinders in vertical position on fixed rate basis, ex- BHAVNAGAR LPG Bottling plant for a period of three years initially, with a provision of two yearly extensions of one year each at the same rate, terms & conditions at sole discretion of the Corporation (IOC) as per the Tender Schedule given below: I. TENDER SCHEDULE:

1 Tender No GSO/LPG-O/EOI/05/2018/ PACKED TRANSPORTATION

2 Name of work Transportation of Indane LPG Cylinders in vertical position on fixed rate basis ex- BHAVNAGAR LPG Bottling Plant.

3 Estimated value of works per year Rs. 1562.07522 Lac per year.

4 Earnest Money Deposit (EMD) Rs.15,000/- per Ready Trucks quoted payable only online (Internet banking/NEFT) in e-portal for non-exempt parties.

EMD should be deposited as detailed below :

Online EMD payment through Net Banking or NEFT/RTGS

For detail about process of payment of online EMD, bidders shall refer “ Special Instructions to the Bidder (SITB) ” and “ FAQs - Online EMD Facility in IOCL e-Tendering ” documents attached separately along with the tender. Offline EMD payment through BG (Bank Guarantee), Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer shall not be accepted.

Exemption from submission of EMD: a. Parties registered as per MSME act, 2006 (Udyog

Aadhar /MSME or erstwhile NSIC registered parties) are exempted categories from payment of EMD provided that the certificate shall be valid on the date of tender opening and must cover the items tendered.

b. PSUs (Central & State) and JVs of IOCL.

A copy of the EMD instrument or exemption certificate in case of Udyog Aadhar / NSIC / MSME or exempted categories shall be uploaded along with clear scanned copies of required documents to substantiate the claim towards their credentials along with the tender documents in the appropriate link.

Tenderers not paying EMD or not submitting valid exemption certificate as specified above will be summarily rejected.

5 e-tender website https://iocletenders.nic.in

6 (a) Tender download Starts on 22.06.2018

(b) Tender download Closes on 16.07.2018

(c) Pre-bid conference date and place Not applicable since public EOI at fixed rate

(d) Bid Submission start date 22.06.2018

(e) Last Date and time for submission of completed E-tender documents online

16.07.2018, 1400 hrs.

7 Date of Opening of Technical Bid 17.07.2018, 1430 hrs.

8 Verification of Documents submitted in the Tender with their Originals

During induction of trucks at respective location after placement of LOI

9

Contact person

Name and address Mr. P B PATIL GM (LPG-OPS), GSO Indian Oil Corporation Ltd.(MD) ( Indian oil Bhavan, 205, Nr. Sola Flyover, Sola, Ahmedabad – 380060 ) Email id : [email protected]

10

Period of Original Contract

Total five years (a period of initial three years with a provision of two yearly extensions of one year each at the sole discretion of the Corporation) with effect from the date of placement of LOI or as advised by State Office of IOC on any successful bidder under this tender. The rates for the first 3 years shall be subject to escalation/de-escalation on a/c of HSD component only. The rates for the 4th and 5th years shall be subject to escalation/de-escalation on a/c of HSD as well as on the non-fuel component as detailed elsewhere in this tender. All other terms and conditions of this tender shall apply to the extensions also.

While evaluating the extension, it may be noted that the party’s performance as reported by respective Plant In-Charges will also be a guiding factor.

11 Date of placement of vehicles for physical verification at supplying location.

Within 15 days after placement of LOI.

12 Expected date of start of contract As advised by State Office of IOC

13 Validity of quoted rates 270 days from the date of opening of tender, as per (7) above, unless extended by mutual consent in writing.

14 Maximum Age of quoted trucks The maximum age of any quoted truck should not exceed 14 years (concerned State office to change in case there is any age restriction even less than 14 years) as on the closing date of this tender.

15 Names of the Independent External Monitors for this tender

_________ __________ _________

II. SCOPE OF WORK: for EOI 1. Transportation of Indane LPG Cylinders in vertical position on fixed rate basis ex- BHAVNAGAR

LPG Bottling Plant in GUJARAT State to locations within the state and outside the state. Although the total number of trucks which will be required for transportation of cylinders under this tender cannot be predicted accurately, but according to the present assessment, Number of trucks required (approximately) under this tender is as under:

Name of Location Address of Location

Approximate no. of trucks required in each

category

-BHAVNAGAR, LPG Bottling plant

Bhavnagar LPG BOTTLING PLANT, Budhel-Ghogha ROAD, Via Malpar, Nr.Tagadi,Bh avnagar-364

002.

Category Capacity RLW – ULW (as per RC book)

Number of Trucks

Category-I 100 ≥ 2920 kg ------

306 ≥ 8936 kg 03

Category-II 450 ≥ 13140 kg 02

504 ≥ 14717 kg ------

Note 1: This tender envisages induction of trucks of capacities as specified above. As such all requirement / conditions pertaining to the other category trucks may be ignored. Note 2: No. of trucks calculated based on 306 capacity type is given in Annexure-A for reference. From this, the number of the other category trucks are determined. For eg: Each 450 /504 capacity truck = 1.5 * 306 capacity; each 306 capacity truck = 3 * 100 capacity.

2. However, if during the period of the contract, according to IOCL's assessment, the requirement of trucks is more than as mentioned above, IOCL reserves its right to hire any truck, over and above the trucks accepted pursuant to this tender at any point of time and in such circumstances, IOCL will be free to hire trucks for such purpose as may be required.

III. RESTRICTION ON PARTICIPATION: The bidder should not be haulage Transporter at that particular plant/s for which he/she has quoted in this tender. In case the bidder is a haulage contractor at that particular Plant, then he/she cannot quote his own trucks or attach his trucks with any of the bidders for the award of the contract at that particular Plant.

IV. DEFINITIONS : The following expressions used in the document shall have meaning indicated against each of these: 1. TRUCKS: A. OWNED TRUCKS:

For trucks offered in response to this tender, to be considered as owned, trucks should be

registered, in the case of:

(a) Proprietorship firms / individuals - in the name of the bidder and/or in the name of

proprietorship firm.

(b) Partnership / MSE registered firms, in the name of the firm or in the name of any of the

partners / Directors. In the event the truck is registered in the name of partner /

Director, the concerned partner / Director should give an affidavit for the use of the truck

by the firm.

(c) Company, in the name of the Company.

(d) Co-operative society, in the name of the co-operative society or in the name of any of the

members of the Society. In the event the truck is registered in the name of member of

the society, the concerned member should give an affidavit as per format for the use of

the truck by the Co-operative Society supported by certificate of membership of the

society.

B. ATTACHED TRUCKS - Trucks that are not in the name of bidder. However Bidders to upload Affidavit (as per Annexure –V) on a Non Judicial Stamp paper duly Notarized as defined in the tender document. Attached Trucks not having the above Affidavit will not qualify in the tender.

Bidders quoting under MSE category including MSE-SC/ST cannot offer attached trucks. Bidders quoting under SC/ST category only (not MSE –SC/ST) can offer attached trucks, but the attached trucks must belong to the person/firm under SC/ST only. (Refer Tender Evaluation Criteria).

However bidders can offer trucks in the ratio of own: attach = 1 : 1 only subject to fulfilling the other tender conditions. Ratio of 1:1 to be maintained for each category of trucks quoted separately.

C. ADDITIONAL TRUCKS – Trucks which are originally not offered by the bidder and subsequently offered when asked by the Corporation for fulfilling the NIT requirement. Such requests of the Corporation shall be as per the ranking as defined in the tender evaluation criteria. These trucks may be owned or attached. The bidder has to maintain the ratio of 1:1 (own: attach) for each category of trucks including additional trucks if any, offered in the tender. In this case, bidders who are now offering additional trucks should first deposit additional EMD by way of DD (off line payment) @Rs.15,000/-truck & all required documents for the additional trucks within a specified period not exceeding 15 days from the date of such offer by IOCL and only then their offer for additional trucks will be considered. Registration of such trucks should not exceed the closing date of such offer made by IOC.

All such additional trucks should be presented for physical verification within 15 days from the date of placement of LOI by IOCL, failing which the EMD deposited for such additional trucks will be forfeited.

D. OWN USE TRUCKS:

Indane LPG Distributor, can offer trucks in their name, limited to their own use requirement as given in Annexure-A of this tender document. Such trucks shall be treated as Own use trucks.

In case of distributors who have only part utilization of trucks they can make an understanding with only one or maximum two other IOC LPG Distributors who do not have trucks so that the part utilization can be reduced. Any of the trucks under such understanding can be utilized for meeting the requirement of any of the members. For e.g., if a distributor requires 2.1 trucks as determined by Annexure `A’ (of 306 nominal capacity) for own load requirement, and the distributor offers 3 trucks of 306 capacity against this tender, then the distributor can make an understanding with only one or maximum two other distributors who do not have own load requirement of 1 truck or above (as given in Annexure `A’) so that the part utilization of 3rd truck improves up to full utilization but not

beyond. Distributor having one customer code in Corporation’s SAP Master data will be treated as one entity. “One distributor can at most be a part of only one such understanding.“ LPG distributors desirous to offer trucks more than their own requirement shall fulfill the other tender conditions with respect to Security Deposit. These distributors shall earmark the owned trucks as per their requirement for their own supplies after the issuance of LOI and these trucks shall not normally be used for other transportation work. However, Corporation reserves the right to utilize any truck for any load in case of exigencies. In case the LPG distributor not earmarking trucks for their own supplies, the supplies to their distributorship shall be made at the discretion of IOC. Evaluation of trucks quoted by distributor will be as per tender evaluation criteria. Security deposit will be applicable as mentioned under Standard Tender Conditions. Evaluation will be based on relevant clause of “Tender Evaluation Criteria”.

2. BIDDERS:

Offers may be submitted by:

i. Proprietorship firms / Individuals who are Indian citizens, or ii. Registered Partnership firm consisting of Indian citizens; or iii. Registered Co-operative society of which all the members are Indian citizens; or iv. Company duly registered under the Companies Act, 1956 provided they comply with the

conditions contained hereinafter.

The above constitution of bidders should be valid as on closing date of tender. Un-registered Partnership firms / Co-operative Societies / Company as on closing date of tender are liable to be rejected.

V. CONDITIONS GOVERNING THE OFFER OF TRUCKS : A bidder can offer any number of “Owned trucks” in this tender. Additionally the bidder can also offer “Attached trucks” also. However, the parties offering combination of one or more categories of trucks mentioned above shall satisfy the following conditions:

a. The bidder shall quote at least one Owned truck as on the closing date of

Tender.

b. Further, if the bidder so desires, can offer attached trucks. In case a bidder offers attached trucks along with the owned trucks, then the maximum number of such attached trucks that can be offered should be in the ratio of 1:1 only for each category, i.e. for every 1 owned truck of a particular capacity, 1 attached truck of same capacity can be offered. An Affidavit for all such attached trucks should be uploaded as per Annexure-V.

c. In case bidders have offered trucks more than the restrictions mentioned under any category above, such excess trucks shall not be considered for further evaluation of the tender. For e.g. if a party is having one owned truck and have offered three attached trucks, only one attached truck of youngest age or higher model shall be considered for evaluation (e.g. 2016 model is higher than 2015 and 2014 models ; model means manufacturing year of the truck).

d. Age of the quoted truck shall not exceed the limit as specified in `NIT’ (Notice Inviting Tender) as on the closing date of tender submission from the date of manufacturing as mentioned in RC book. In case date of manufacturing is not entered in RC book, then bidders have to submit the copy of original invoice as a proof to establish the date of manufacturing of Truck offered. In case Original Sale Invoice is not available, then

Certificate issued by Manufacturers is to be submitted.

e. In case any truck quoted by the bidders is found to be more than maximum age specified in NIT as on closing date of the tender from the date of manufacturing, then such truck will be rejected.

VI. Rates to be Quoted: Fixed rates to be accepted interested bidders

Bidders can quote `at par’ or plus or minus (+/-) percentage (%) of the estimated rates for each category of trucks given in this tender. A separate price bid (excel work sheet) has been provided for each category of trucks. The price band in this case is (+/-) 5% for each category. Bidders quoting beyond this band will be summarily rejected. Bidders must ensure not to copy and paste figures /text from other excel-sheets / cells in Price Bid / BOQ, else their bids will be summarily rejected. If the bidder(s) does not quote trucks but offers rates for a particular category or vice versa, then such trucks / rates shall not be considered for evaluation. If the bidder does not wish to quote for a particular category of trucks, then the option of `Not quoted’ for that particular category of trucks should be selected. The following definitions apply for this tender: 1. FLOOR PRICE: The lowest price of the price band i.e. (-) 5%. 2. CEILING PRICE: The highest price of the price band i.e. (+) 5%.

(NAME OF THE OFFICER INVITING TENDER) DESIGNATION

2- PRE-QUALIFICATION CRITERIA (PQC):

Bidders must submit following documents as minimum pre-qualifying criteria for this tender. All such documents must be valid as on the closing date of tender:

Sr. No. Criteria PQC Document to be uploaded

i. Truck ownership : Owned / Attached trucks

For owned/ Attached trucks: Self attested copy of RC Book. In addition, for attached trucks, affidavit as per pro-forma is mandatory.

ii. Age of offered trucks Age of the quoted truck shall not exceed the limit as specified in `NIT’ (Notice Inviting Tender) as on the closing date of tender submission from the date of manufacturing as mentioned in RC book.

Details of PQC documents: 1. OWNERSHIP :

The Bidder should upload the self-attested copies of RC books of all offered trucks (owned + attached) of capacity as defined in the scope of work above, out of which the bidder must OWN at least ONE truck in their name. If the bidder does not have minimum one OWN truck, then the bid of such bidder will not be considered.

Bidders are strictly advised to quote for Trucks suitable for LPG cylinder transportation and authenticity of the document shall rest solely with the bidders. RC book specifying `tanker’, `tank truck’, `bus’, `container’, `trailer’ and `articulated vehicle’ will not be accepted. Corporation’s decision in this respect will be final and binding on all bidders.

AFFIDAVIT FOR ATTACHED TRUCKS OFFERED (IF ANY): Bidders to upload Affidavit as per Annexure-V on a Non Judicial Stamp paper duly Notarized and signed. Attached Trucks not having the said Affidavit undertaking will not qualify in the tender.

2. AGE OF OFFERED TRUCKS: Age of the quoted truck(s) shall not exceed the limit as specified in `NIT’ (Notice Inviting Tender) as on the closing date of tender submission from the date of manufacturing as mentioned in RC book. In case only year of manufacturing is mentioned in the RC book, the age would be reckoned from 1st January of the year of manufacturing. In case both month and year of manufacturing is mentioned in the RC book, the age would be reckoned from 1st day of the month of manufacturing.

If manufacturing date is not mentioned in RC book then the date will be established from the copy of original invoice of quoted trucks. In case Original Sale Invoice is not available, then the date of manufacturing will be established from the copy of Certificate issued by Manufacturer. In case the manufacturing date cannot be established from any of the documents then the relevant quoted truck will be rejected.

Note: i. However mere submission of the relevant information and meeting the qualifying criteria

would not entitle the Bidder for technical qualification. In the event document/information submitted by the Bidder is found to be incorrect, the contract with such Bidder shall be terminated at any stage and EMD or SD submitted shall be forfeited. Such Bidder may also be blacklisted/ put on Holiday List by IOC.

ii. Notwithstanding any other condition/ provision in the tender documents, in case of ambiguity or incomplete documents pertaining to PQC, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the PQ criteria through e-portal. In case the bidder fails to submit any documents or submits incomplete documents within the given time, the

bidders tender will be rejected. 3- OTHER MANDATORY DOCUMENTS TO BE SUBMITTED BY THE BIDDERS

PARTICIPATING IN THE TENDER:

Important Note:

i. UNDERTAKING FOR TRUCKS IN OPERATION OR UNDER CONSIDERATION BY ANY OTHER OIL COMPANIES INCLUDING AT OTHER LOCATIONS OF IOCL :

Bidders to upload undertaking as per Annexure-VI on a Non Judicial Stamp paper duly Notarized and signed. Any false declaration leading to non-placement of trucks by a successful bidder after placement of LOI or Work Order will lead to termination of contract including forfeiture of EMD /SD and blacklisting / holiday listing of the party.

ii. The bidders shall fill the details of ownership of Trucks, Age, RTO Registration, etc. in the excel file as per Annexure-II. There will be no verification of these documents at the time of tender evaluation. The parties will be selected on the basis of information submitted / uploaded by them while participating in the tender. These technical details shall be verified by the respective locations for which the Truck is finally selected. Please note that in case, it is found that the information submitted in the tender document is not correct leading to rejection of any trucks of any bidders, then the EMD of such trucks will be forfeited. Hence, bidders are advised to submit

i. Copy of PAN card: Bidder should have PAN Number (self attested copy of PAN card to be uploaded). PAN card should be in the name of Proprietor or the Firm participating in the tender.

ii. Particulars of bidder/ Firm's constitution as per Annexure-I to be uploaded in relevant worksheet of excel file

iii. Statement of particulars of trucks offered as per Annexure-II of Technical Bid to be uploaded in relevant worksheet of excel file.

iv. Undertaking: Undertaking duly signed and stamped on bidder’s Letter Head as per Annexure-III.

v. Category of bidder declaration as per Annexure-IV

vi. Affidavit for attached trucks offered (if any) as per Annexure-V duly notarized and signed.

vii. Undertaking for trucks, already in operation or under consideration by any other Oil Companies including at other locations of IOCL. Copy to be uploaded duly Notarized and signed as per Annexure-VI.

viii. Details of relationship ( Part A , B , C & D) duly filled-in as per Annexure-VII

ix. Copy of SC/ST certificate duly issued by competent authority as per Annexure-VIII or any other format by the competent authority to be submitted by bidders, i.e. Proprietor/All Partners/Directors. General category shall mention “not applicable” in the check list.

x. Copy of registration certificate from Registrar of Firm to establish the registered partnership firm enclosing all annexure wherein names of all the partners of the said partnership firm are mentioned or Certificate of Incorporation (wherever applicable).

xi. Notarized copy of irrevocable Power of Attorney meeting the law of land , if applicable as per Annexure- IX or any other format

xii. Proforma for confirmation on applicability of “Micro, Small and Medium enterprises Development Act, 2006 (MSMED Act 2006)” including certificate issued as per Annexure -X

xiii. Copy of relevant MSE certificate like EM-II etc. / Udyog Aadhar No. for services under “Land Transport“ by MSE Registered parties

xiv. Undertaking by LPG distributors for common understanding as per Annexure-XI

xv. Declaration by bidder regarding Blacklisting / holiday-listing as per Annexure-XII duly signed.

xvi. Agreement for Integrity Pact of the Contracting company as per Annexure -XIII duly signed on all pages (if applicable based on tender value).

xvii. Bank details as per Annexure-XIV

xviii. MSE parties to submit the list of trucks as per Annexure XV

correct information, while participating in the tender.

iii. Notwithstanding any other condition/ provision in the tender documents, in case of ambiguity or incomplete documents pertaining to other mandatory documents, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the criteria through e-portal. In case the bidder fails to submit any documents or submits incomplete documents within the given time, the bidders tender will be rejected.

iv. After scrutiny of the Technical Bids, the eligible Bidders who meet all Technical requirements shall be notified regarding the date and time for opening the price bid.

v. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will duly sign the Integrity Agreement which is an integral part of Tender Documents and submit the same, failing which the tender/bidder will stand disqualified from the tendering process and the bid of the tender would be summarily rejected.

vi. Authenticated means self-attested. In case at a later stage, during verification of Original of these self attested documents, any discrepancy is observed, the tender will be rejected. POA holder should have digital signature in his name.

vii. Tenderers shall indemnify the Corporation from any fraudulent declaration and consequences of the same.

4-GENERAL INSTRUCTIONS TO BIDDERS (GITB) - EOI

1. Tender document has to be downloaded from https://iocletenders.nic.in free of cost using their

digital signature and registered user ID. 2. Tender will not be available for purchase from any of our offices. 3. There is no Tender Fee. 4. Technical Bid and Price Bid to be submitted online only. 5. The tender document and supportive document of tender should be submitted online through

https://iocletenders.nic.in only. 6. Indian Oil Corporation Ltd. reserves the right to accept or reject any tender or all Bidders without

assigning any reason whatsoever and may or may not accept the lowest quotation at the sole discretion of the corporation.

7. VALIDIY: Bidders who are willing to accept our tender condition stated in this tender should only quote for this tender. Rates quoted would remain valid for 270days from the date of opening of tender unless extended by mutual consent in writing.

8. Firms having Partners /Directors / Proprietor who has been convicted in criminal cases or blacklisted or facing any of the following Actions by any of the PSU Oil Companies are not eligible to submit their offers: i. Termination of Contract ii. Withdrawal of LOI / Work Order , have been taken for malpractices while undertaking

transportation job,

9. LPG distributors may offer trucks (any number of Trucks, i.e. one or more) as per requirement for their own supplies only and all such trucks should be owned by the LPG distributor. Distributors quoting more than the own load requirement as given in Annexure-A of the

tender document shall be evaluated for their own loads first. The remaining trucks shall

be evaluated at par with other bidders. However, evaluation will be based as per tender

evaluation criteria. Also security deposit shall be at par with general transporters in case

they are successful in the tender.

Distributor quoting for only their own requirement has to match the established offered

L-1 rate for all the trucks for his own requirement at the first instance. Such truck/s shall

not be utilized for any other Distributor/load and markets. Such offer will be made as

mentioned under tender evaluation.

In case Distributor(s) are not willing to match the established offered L-1 rate at the first

instance, then they will be treated at par with other tenderers (General SC/ST

transporter or General transporter category). No priority towards induction of trucks,

utilization of trucks for own loads and Concessional Security Deposit shall be considered

for such Distributors.

In case, truck of Indane Distributor (availing priority preference in induction at L-1

rate for his own requirement and concessional Security Deposit) is withdrawn or

non-operational due to any reason and distributor has also offered additional

trucks for other than his own requirement (at par with other tenderer), such

trucks ( equivalent number of withdrawn / non-operational) shall be utilized for own

load transportation at L-1 rate at Corporation’s discretion.

10. If during the period of contract, part or full linkage of the distributor is shifted to other supplying location as per Corporation’s decision, then distributor has to shift its own trucks deployed for own load requirement in part or full depending on the linkage to the new supplying source, payment for which will be made at the lowest finalized rates of new supplying source. If such distributors do not shift their trucks as per Corporation’s requirement, their trucks will be stopped from operation.

11. Bidder is advised to refrain from submitting any false, forged documents during the entire tendering / later process, the penalty for which shall be termination of contract / holiday listing of Bidder at any stage and EMD or SD submitted shall be forfeited.

12. During evaluation of technical bids or price – bids of the bidders participated in the tender, if it is found that any bidder is Blacklisted / holiday listed by Corporation or MoP&NG, then bid of such bidders will be out-rightly rejected.

13. The quality of works and timely execution is of paramount importance and under no circumstances these shall be allowed to be diluted.

14. Bidder is also advised to go through the tender documents carefully and understand these completely before quoting.

15. The estimated volumes are only directional and the successful bidders cannot claim it as their right. The quantities can increase or decrease at the sole discretion of IOCL. Payments will be made based on actuals.

16. Price Bid is to be uploaded online only in the excel file format in IOCL E-TENDER website. No scan copy of price bid document is acceptable and in case any party submitting the price bid other than through on-line in excel file provided for the purpose, then such tender will be summarily rejected.

17. IOCL reserves the right to increase or decrease the number of parties for award of work, splitting of works into two or more bidders at its discretion and none of the bidders shall have any claim whatsoever in such cases.

18. The tenderer shall submit separate tenders for each location for which tenderer wishes to offer Trucks.

19. Pre- Bid Conference: Not applicable since fixed rate EOI Subsequent to opening of bids, IOCL will not entertain clarifications. Therefore, clarifications, if any, may be sought by the bidders during the pre-bid conference. Pre- bid conference is scheduled as given in Tender Schedule under Notice Inviting Tender (NIT). All prospective Bidders are requested to attend the pre-bid conference.

20. Transport Discipline Guidelines shall form a part and parcel of this tender document as well as contract agreement.

21. Verification of Original Documents: Bidders through their authorized representatives should submit the following original documents for verification / submission to the supply location within 15 days of intimation or as specified failing which the defaulting bidder’s bid shall be rejected and entire EMD forfeited:

Sr No Document Original submission

Original verification

1 RC Book, Insurance, Copy of Original Invoice/ Certificate by manufacturer (in respect of trucks where manufacturing date is not mentioned in RC book)

____ Yes

2 Affidavits for attached trucks (as per Annexure V), if any

Yes ____

3 Undertaking for trucks offered as per Annexure VI, if any

Yes ____

4 Certificate of SC / ST as per Annexure VIII or any other format

____ Yes

5 Copy of registration certificate from Registrar of Firm to establish the registered partnership firm enclosing all annexure wherein names of all the partners of the said partnership firm are mentioned or Certificate of Incorporation (wherever applicable).

____ Yes

6 Power of Attorney as per Annexure IX or any other format

____ Yes

7 Undertaking by LPG Distributors for common understanding as per Annexure XI

Yes ____

8 Duly signed Agreement for Integrity Pact as per Annexure XIII

Yes ____

9 Bank Details as per Annexure XIV Yes ____

22. The maximum loading capacity of the truck will be 306/450/504 empty/filled cylinders in vertical position and in three tiers. In case of LCV’s, the minimum loading capacity will be 100 empty / filled cylinders of 14.2 kg in vertical position and maximum capacity to be restricted as per central motor vehicle act / rules amended from time to time. The approximate weight of filled 14.2 kg cylinder is 29.2 kg to 31.1 kg and that of empty 14.2 kg cylinder is 15.0 kg to 16.9 kg.

23. Technical bids shall be opened on the due date and time.

24. After scrutiny of the Technical Bids, the eligible Bidders who meet all technical requirements shall be notified regarding the date and time for opening the price bid through e-portal.

25. Government Guidelines : IOCL will be at liberty to follow any guidelines issued by the Ministry of Petroleum & Natural Gas, Government of India for award of any contract to any tenderer.

26. No Guarantee for Minimum/Maximum utilization of trucks :

The schedule of dispatches shall be decided at the Corporation's Bottling Plant and the Corporation does not give any guarantee for utilization of any trucks either for:

(a) Minimum number of days per month (b) Minimum mileage for each truck (c) Route in which the truck will be utilized

And for such reasons, the bidder cannot claim that his/their trucks should be utilized for:

(i) certain minimum number of days per month (ii) certain minimum mileage per truck (iii) On a particular route.

The bidder will not be entitled to demand any idling charges or minimum turn over charges or any other loss or damage of whatsoever nature against the Corporation of non-utilization of the said trucks/LCVs wholly or in part.

28. Bidder has to submit signed copy of IP Agreement during Tender submission.

5- TENDER EVALUATION CRITERIA

1. This e-tender is floated in two-bid system i.e. technical bid & price bid. Technical bid will be first opened on scheduled date and will be evaluated as per the terms and conditions of the tender. Price bids of the bidders, who have qualified in technical bid based on above evaluation by the Corporation, will be opened on a notified date.

2. Bidders have to quote in plus or minus (+/-) percentage (%) of the estimated rates for each category of trucks given in this tender. A separate price bid (excel work sheet) has been provided for each category of trucks. The price band in this case is (+/-) 5% for each category. Bidders quoting beyond this band will be summarily rejected. Bidders must ensure not to copy and paste figures /text from other excel-sheets / cells in Price Bid / BOQ, else their bids will be summarily rejected. If the bidder(s) does not quote trucks but offers rates for a particular category or vice versa, then such trucks / rates shall not be considered for evaluation.

3. Bidders shall submit their offer for transportation rates in the enclosed Price Bid (BoQ). Bidders shall quote in terms of percentage for the category of trucks in which they participate. Separate ranking, evaluation and induction will be maintained for 100/306 capacity cylinder trucks and 450 /504 capacity cylinder trucks. The rates finalized for 100 / 306 capacity cylinder trucks shall be same, whereas the rates will be same for 450 /504.

4. For each bidder, if ratio of quoted owned : attached trucks exceeds 1:1, then the highest model attached trucks will only be considered and balance old attached trucks will be rejected to bring the ratio down to 1:1.

5. Ranking Procedure: L1, L2, L3 … etc. shall be decided on percentages quoted in the Price Bid and shall be tabulated in ascending order to determine ranking of each bidder. In case, same % age rates are quoted by more than one bidder, then for each such rate, such bidders shall be considered for further ranking (L1/A, L1/B ,L1/C etc.) on the basis of ascending order of average age of the qualified owned trucks quoted by them in terms of number of days. For this purpose, the data given by the bidder in the excel file shall be verified against the documents uploaded by the bidder to establish the manufacturing date of each truck. This verified data shall form the basis for establishing the age of each truck and will be used for further ranking. In case only year of manufacturing is mentioned in the RC book, the age would be reckoned from 1st January of the year of manufacturing. In case both month and year of manufacturing is mentioned in the RC book, the age would be reckoned from 1st day of the month of manufacturing.

If manufacturing date is not mentioned in RC book, then the date will be established from the copy of original invoice of quoted trucks. In case Original Sale Invoice is not available, then the date of manufacturing will be established from the copy of Certificate issued by Manufacturer. In case the manufacturing date cannot be established from any of the documents then the relevant quoted truck will be rejected.

6. In case average age of the qualified owned trucks is same for multiple bidders, then further

ranking in ascending order will be based on the average age of number of qualified total

trucks, i.e. owned and attached trucks considered together by each such bidders.

In case the average age of total trucks quoted by multiple bidders is same then further ranking will be based on total number of trucks quoted by the bidders followed by total number of own trucks and total number of attached trucks in that order , in case to break the tie and arrive at ranking of bidders. Such further ranking based on total number of trucks will be done in descending order, i.e. the party having more number of total trucks will rank higher.

7. The above ranking of bidders will be utilized as per tender evaluation as mentioned under different conditions.

8. Negotiations : The Corporation reserves the right to:

a) Negotiate with L1 Bidders (lowest quote): If the rates quoted by L-1 bidder(s) are at the lowest of the rate band, there will not be any negotiations with such bidder(s).

b) However, if the quoted rates of L1 bidder(s) (lowest quoted) are more than the lowest of

the rate band, then Corporation will negotiate with such L1 bidder(s) as per the ranking procedure mentioned above to establish the lowest rate.

c) After establishing the lowest rate, if requirement of Trucks is not met from established L1

bidders, Corporation will offer the established L1 rate to other bidders in order of their ranking for their acceptance. The above process shall continue till requirement of the trucks is fully met against this tender.

d) If any bidder does not respond to the above exercise of negotiation / rate matching

within the date and time given in order of their ranking, such bidder may lose their chance and opportunity shall be extended to the next bidder as per the ranking.

e) No bidder shall be allowed to counter offer rates lower than the negotiated L1 rate in any category. Any such offer shall be rejected outrightly.

f) In case, requirement of truck is not met after carrying out above process with the bidders

who participated in the tender and accepted the L1 rates, Corporation reserves its right to induct additional trucks from all the bidders who have accepted L1 rates in order of their ranking (ranking of reserved category like SC/ST will follow separately as per shortfall) at the finalized L1 rate. These additional trucks may be of own or attach. The ratio of own: attached will have to be maintained as 1 : 1 even after considering the additional trucks for each bidder.

g) At any stage of tender process, any offer received from the bidder without being asked by the Corporation shall be treated as unsolicited offer from bidder and same shall be rejected summarily. Similarly, any offer received after due date and time stipulated by Corporation, shall not be considered.

h) Even after exercising the options above, if requirement of trucks is still not met, then

Corporation reserves its right to negotiate / counter offer rates other than L1 rate to the remaining bidders in order of their ranking till the requirement of trucks is met. No additional trucks will be taken from bidders at other than L1 rates, i.e. floor price or established L1 rates.

NOTE : For number of Trucks under various categories including reservation, refer Annexure-W8.

9. A. Procurement as per Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 (Policy) : i. Subject to other terms and conditions stated in this tender document including but not

limiting to the pre-qualification criteria, Twenty per cent (20%) of requirement is earmarked for Micro and Small Enterprises (MSE).

ii. Out of the above 20 percent, a sub-target of 20 per cent (i.e. 20 percent out of 20

percent, which is 4%) is earmarked for Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled Tribe entrepreneurs.

iii. In the event of failure of such Micro and Small Enterprises to participate in tender process

or meet tender requirements and L1 price, 4 per cent sub target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Cast or Schedule Tribe entrepreneurs shall be met from other Micro and Small Enterprises.

iv. Micro and Small Enterprises quoting price within rate band, then they will be allowed to

carry out the work by bringing down their price to L1 price in a situation where L1 price is from someone other than a Micro and Small Enterprises and such Micro and Small Enterprises will be allowed to carry out the work upto 20 percent of requirement.

v. In case of more than one such Micro and Small Enterprises, the work shall be shared

proportionately. vi. Micro and Small Enterprises will be exempted from payment of Earnest Money deposit. vii. The above provisions shall apply to Micro and Small Enterprises registered with District

Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises.

viii. Necessary certificate issued by Authorized body under the Ministry of Micro, Small &

Medium Enterprises shall be valid as on the date of opening of the technical bid. All the technical specifications / techno commercial terms and conditions and the pre qualification criteria are also to be fulfilled by the MSEs.

B. Bidders having MSE registration for services under “Land Transport“ and having received the

relevant registration like Entrepreneurs Memorandum Number Part II (EM II) etc. / Udyog Aadhar No. will be considered for qualifying under MSE category. This document may be verified from the respective Website / Department / Issuing authority for the authenticity by Corporation and invalid document may lead to disqualification of the bidder from the tender. Bidders have to compulsorily declare the information about their trucks on self- certification basis on their letter head as per Annexure XVI. The details of trucks are required to consider number of trucks to qualify under MSE. Furnishing of incorrect information may lead to disqualification.

C. Bidders quoting under MSE should be careful of above mentioned condition, failure of which

respective Contracting Corporation will not be held responsible for rejection of tenders of any bidders.

D. No attached trucks are allowed under MSE category.

10. RESERVATION:

a. The provision of reservation is 15% (fifteen percent) & 7.5 % (seven and a half percent) for Scheduled Castes and Scheduled Tribes respectively for this tender and the unfulfilled reserved numbers from the previous tender for Scheduled castes and scheduled tribes.

b. The members of SC/ST desirous of operating the trucks will have to participate in the tenders floated by the Corporation. The SC/ST bidder/s operating under

i. Proprietorship- The proprietor should be of SC/ST and caste certificate should be enclosed.

ii. Partnership firm- All partners should be of SC/ST as the case may be and caste certificate should be enclosed for all the partners.

iii. Private Ltd. Co. – All directors of the firm should be of SC/ST as the case may be and caste certificate should be enclosed for all the directors.

iv. Cooperative Society- Certificate issued by the registrar of co-operative societies mentioning the registration category (SC/ST) of the society should be enclosed.

c. In the event of any party failing to submit the caste certificate as detailed above along with the Technical Bid, the bid will be treated as a General Category bid.

d. The registered owner/s of the trucks (owned and attached) offered by the SC or ST bidder/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the bidder offers trucks under SC category, all the registered owners of the trucks offered against the bid must also belong to SC.

e. If any of the attached trucks offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be, such trucks will be rejected and EMD against such trucks will be refunded after finalization of tender.

f. The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards.

g. SC/ST bidders can offer attached trucks provided such trucks also belong to same group.

h. SC/ST bidders may offer additional trucks, which will only be considered in case NIT requirement is not fulfilled as per evaluation criteria and subject to meeting the criteria/ requirement for SC/ST.

i. If adequate number of trucks offered by SC/ST candidates are not available in any particular year of tender, the unfilled quota may be allotted to the General category in that year of tender. However, the unfilled quota may be carried forward to the next tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories.

11. Reservation under MSE and SC/ST will only be extended subject to the bidders under MSE and SC/ST quote / match the L1 rates. Not fulfilling the aforesaid condition, bidders under MSE and SC/ST will be treated as general bidders for the purpose of allocation.

12. Evaluation of bidders under MSE & MSE - SC/ST:

a. All MSE bidders can quote `Own’ category trucks only.

b. Requirement of trucks for bidders under MSE category shall be limited to 20% as per Govt. guidelines and 20% out of this 20%, i.e. 4% of total shall be allocated to MSE SC/ST.

c. Allocation of trucks will be made proportionately amongst the qualified bidders under the category provided such bidders quote at Floor price / L1 rates or accept finalized L1 rates in case originally quoted within rate band, but not exceeding the band provided.

d. Allocation of trucks on proportionate basis will be done on latest model, i.e. lowest age trucks will be inducted first.

e. If the number of Trucks qualified under MSE category is less than the reserved no. of 20%, then all such trucks will be considered for allocation.

f. In case, number of bidders under MSE is less than the requirement of Trucks in MSE category and qualified trucks under MSE is more than the requirement, then one truck of latest model will be allocated to each MSE bidders. Balance trucks under MSE will be allocated on proportionate basis as per latest model as under:

e.g. let us assume , total qualified trucks is X under MSE category and requirement as per guidelines of 20% is Y, no. of bidders is 3 (a1 , a2 , a3 ), quoted trucks by bidders a1 , a2 and a3 is X1 , X2 and X3 respectively, then allocation of trucks will be :

First 1 truck of lowest age / latest model will be allocated to each bidder. Balance requirement will be allocated on proportionate basis

For a1 = (X1-1 / X-3) * (Y-3)

For a2 = (X2-1 / X-3) * (Y-3)

For a3 = (X3-1 / X-3) * (Y-3)

(Trucks will be allocated upto next whole number in case of decimal, i.e. greater or equal to 0.5 is 1 and less than 0.5 is zero. Decimals will be rounded upto tenth place to arrive at more or less than 0.5. In case of further shortfall, i.e. trucks arrived above falls short of the requirement as per MSE then the formula stated above for allocation will be repeated till the number of trucks reserved under MSE get allocated).

Balance trucks quoted by the MSE bidders, if left out will be considered for allocation as per the original ranking of evaluation criteria of the tender and at par with other general bidders.

g. If number of bidders is more than the number of Trucks reserved for the MSE category and it is not possible to allocate even one Truck to each bidder, then one Truck of latest model, i.e. lowest age will be allocated to bidders under MSE category in order of their original ranking till the reserve quota is fulfilled. Balance trucks, left out will be considered for allocation as per the original ranking and at par with other general bidders.

h. In case SC/ST bidders quoting under MSE category and fulfilling the condition as per (c) above then allocation will be made as per (d), (e) , (f), & (g) above depending on the situation. Balance trucks, left out will be considered for allocation as per the original ranking and at par with other SC/ST bidders.

i. In case requirement of 4% of trucks is not met from the SC/ST category under MSE, then the balance trucks under MSE-SC/ST will be considered from other MSE parties.

j. In case requirement of 20% is not met from the bidders under MSE category, the unfulfilled requirement of trucks will be allocated to the general category bidders.

13. Evaluation of bidders under SC/ST:

a. As per Govt. guidelines, there is a reservation of 15 % for SC & 7.5 % for ST category. Requirement of trucks for bidders under SC/ST category shall be limited to the aforesaid number as per Govt. guidelines provided such bidders quote at Floor price / L1 rates or accept finalized L1 rates.

b. If the no. of Trucks qualified under SC/ST category is less than the reserved number, then all the qualified trucks will be considered for allocation.

c. If the number of Trucks qualified under SC/ST category is more than the reserved number, then

1) Allocation of trucks will be made first to Indane SC/ST distributor qualified for own-use trucks starting from lowest age of the truck ( all the trucks quoted for own loads will be listed as per ascending order of their age).

2) Allocation for balance trucks will be as under:

i. All owned and attached trucks will be listed as per ascending order of their age separately.

ii. All owned trucks will be considered for allocation first as per the balance requirement as per age. If the requirement is not fulfilled from owned trucks then balance requirement will be fulfilled from attached trucks as per age limiting the ratio of own to attach as 1:1.

Balance excess trucks under this category will be considered for allocation as per the

original ranking of bidders and at par with other general bidders.

d. In case requirement of trucks is not met from the bidders under SC/ST category, the unfulfilled requirement of trucks will be allocated to the general category bidders.

14. Allocation of balance packed trucks (Un-reserved category):

Evaluation of tenders will be as mentioned hereunder depending on the rates quoted:

I. In case of bidders quoting rates, which is at floor price, i.e. at the bottom of the price band, then allocation of packed trucks to such bidders will be as under:

(a) In case qualified trucks under unreserved category are less than the requirement, then all the trucks qualified will be allocated.

(b) In case qualified trucks are more than the requirement, then unreserved trucks will be first allocated to Indane distributors qualified for own-use starting from lowest age of the truck till the requirement is met(all the trucks qualified for own loads will be listed as per ascending order of their age).

(c) If requirement is not fulfilled as per (b) above, then allocation for balance trucks will be as under:

i. All owned and attached trucks will be listed as per ascending order of their age separately.

ii. All owned trucks will be considered for allocation first as per the balance requirement as per age. If the requirement is not fulfilled from owned trucks then balance requirement will be fulfilled from attached trucks as per age limiting the ratio of own to attach as 1:1.

(d) In case at any point of time during allocation of Trucks as above in any of the categories (MSE or SC/ST or unreserved category), if it is found that no. of Trucks required are less than the balance available Trucks and all the balance Trucks are of same model, then allocation will be made on proportionate basis to bidders based on the no. of balance trucks available with the bidders after allocation of trucks exhausting the owned trucks first followed by attached trucks.

e.g. let us assume, balance quoted trucks is X, requirement is Y, left out trucks of a bidder is Z, then that particular bidder will get no. of trucks from the balance trucks = Z * (Y /X) (trucks will be allocated upto next whole number in case of decimal, i.e. greater or equal to 0.5 is 1 and less than 0.5 is zero).

Corporation also reserves the right to close the tender without inducting balance trucks from this group (having same model) or accept all the trucks in this group.

(e) In the above cases, the floor price quoted by the bidders shall be termed as lowest quoted (L1) rates.

(f) In case, requirement of trucks is not met by the original quoted bidders at floor price (as mentioned above), then remaining bidders shall be offered the L1 rate to match. Trucks as per requirement shall be inducted based on the original ranking of bidders.

(g) Additional trucks: Even after exercising the option upto (f) as mentioned above, full requirement of trucks is still not met, then Corporation reserves the right to accept more trucks at L1 rates (Floor price) from the bidders as per model of trucks but in the order of SC/ST (for left out slots under respective reserved category and general bidders including distributors quoting beyond own load requirement (transporter). Additional EMD @Rs.15,000/-per truck has to be deposited as per para (II-e) below. Additional trucks will be taken as per the requirement of the Corporation. Additional trucks in the form of own or attach trucks can be offered by the bidders maintaining the ratio of 1:1 (own: attach) for all their trucks including the originally quoted trucks.

(h) In case, even after exercising the allocation of trucks as per (g) above, requirement of trucks is still not met, Corporation reserves the right to negotiate and finalise other acceptable rates other than floor price rates amongst the remaining bidders in order of their ranking and all Trucks offered by such bidders shall be taken at the negotiated rates till the requirement of Trucks is met.

II. In case, bottom of the rate band i.e. Floor price is not quoted by any of the bidders, then allocation of trucks will not be applicable as per above. Further allocation of trucks for unreserved category will be as below:

(a) In case, rates (other than floor price) quoted by L-1 Bidder(s) are acceptable to the Corporation with or without negotiations, then the L1 bidders will be ranked as per `Ranking of Bidders’. Then trucks will be first allocated to owned trucks of Indane distributors quoted at L1 rates, only for own requirement under Distributor own load category in order of ranking.

(b) After allotment of Own trucks of Indane Distributors for own loads, the balance shortfall will be taken from bidders in order of their ranking (L1/A, L1/B, L1/C…). During such selection, trucks (both own & attached) of L1/A will be considered first followed by L1/B, L1/C …. and so on. However, for each bidder, own trucks shall be preferred over attached trucks.

(c) If Distributors are not the original L1 bidders, then offer to match L1 rates will only be made to them for own load requirement, in case requirement of trucks is not fulfilled from original L1 bidders.

(d) In case trucks offered by L1 bidder(s) are not meeting the full requirement, then L1 rates / negotiated L1 rates (as the case may be) shall be offered to other bidders, first to Indane distributors for their own load requirement as per their individual ranking followed by other bidders in order of ranking including distributors quoting more trucks than own load requirement. Such bidders shall be offered the finalized L1 rates and they will have to confirm their acceptance in writing within the given date & time. In case of non-receipt of confirmation within the stipulated period it will be construed that they are not interested in accepting the offered rates in this tender. Further induction of trucks from the transporters who have accepted the finalized L1 rates will be done in order of their ranking till the requirement is met. However, for each bidder, own trucks shall be preferred over attached trucks.

(e) Additional trucks: If, after exercising the option upto (d) as mentioned above, full requirement of trucks is still not met, then Corporation reserves the right to accept more trucks at negotiated L1 rates from the bidders in their original order of ranking but in the order of SC/ST (for left out slots under respective reserved category) and general transporters. Additional trucks will be taken as per the requirement of the Corporation.

Additional trucks in the form of own or attach trucks can be offered by the bidders maintaining the ratio of 1:1 (own: attach) for all their trucks including the originally quoted trucks.

In this case, bidders who are now offering additional trucks should first deposit additional EMD by way of DD (off line payment) @Rs.15,000/-truck & all required documents for the additional trucks within a specified period not exceeding 15 days from the date of such offer by IOCL and only then their offer for additional trucks will be considered. All such additional trucks should be presented for physical verification within 15 days from the date of placement of LOI by IOCL, failing which the EMD deposited for such additional trucks will be forfeited.

15. If the above still results in deficiency of trucks, then negotiations/counter-offer exercise will be

conducted with the balance bidders in their order of ranking till the full requirement of trucks is met. However, Corporation reserves the right not to negotiate further with the balance bidders, even if the requirement is still not fulfilled. Bidders to note that a bidder placed in the lower order of ranking may not get an opportunity of induction of their trucks if requirement of trucks is met from the bidders ranked above them. No additional trucks will be taken from bidders at other than established L1 rates.

16. In case all the quoted trucks have been considered in fulfilling the NIT requirement and there is further shortfall then to fulfill the balance shortfall in NIT requirement, Corporation’s prevailing policy will come into effect.

17. Separate ranking will be maintained for 100/306 capacity cylinder trucks and 450 /504

capacity cylinder trucks.

18. No bidder will be allowed to counter offer rates lower than the negotiated L1 rates in any category. Any offer / counter offer received from bidders without being asked by the Corporation shall be treated as unsolicited offer and shall be summarily rejected.

19. The Corporation reserves its right to allow Price/ Purchase preference to Central Public Sector Enterprises as admissible under Government Policy.

20. Tenderer(s) may be required to visit our office as advised to them for negotiations/verification of documents entirely at the cost of Tenderer.

21. Only the proprietor or authorized representative of the firm should personally attend such

negotiation / meeting as commitments made and / or clarification given during negotiations / meeting will be binding on the Tenderer. He should carry the necessary authorization to attend such negotiations / meeting and hand over the same to the Corporation's representatives participating in negotiation / meeting. Negotiations with qualified tenderers will be carried out individually in order of their ranking till the requirement of trucks is fully met.

22. All the trucks for which LOI has been placed including the trucks under contract with Other Oil

Company/ IOCL location should be placed for verification within 15 days of the placement of LOI at supply location.

6- (Declaration by Bidder in his/her letter head)

From:

M/s.________________

___________________ To: CGM (LPG) GUJARAT STATE OFFICE, Dear Sir,

Ex BHAVNAGAR-LPG Bottling Plant.

PACKED TRANSPORTATION

In response to your notice inviting tender for above, we confirm having carefully read, studied and understood various terms and conditions /documents downloaded with the tender and the same has been digitally signed for having read and accepted the same in toto.

We are also confirming that the following documents as per the check list given below has been uploaded and requisite EMD has been paid online.

Write Y- For Document uploaded Write N - For Document not uploaded

Write NA – For Document not applicable for uploading

CHECK LIST FOR SUBMISSION OF DOCUMENTS UPLOADED:

S. N. Description Format Yes /

No/ NA

i. Online Payment of EMD amounting to ………….. for the number of ….. owned trucks and …. attached trucks or document from competent authority as a proof of exemption in case bidders are registered under MSE such as EM-II/Udyog Aadahar No./ NSIC registered.

Online (EMD) or PDF (MSE)

ii. Particulars of bidder/ Firm's constitution as per Annexure-I XLS

iii. Statement of particulars of trucks offered as per Annexure-II of Technical Bid uploaded in relevant excel file

XLS

a. Copy of Valid Truck Registration Certificate ( RC book) . Other documents like insurance & Certificate of fitness etc. to be submitted during physical verification of trucks after issuance of LOI.

PDF

b. Copy of original invoice of quoted trucks (required in respect of trucks, where manufacturing date is not mentioned in RC book). In case Original Sale Invoice is not available then Certificate issued by Manufacturers is to be submitted.

PDF

iv. Age analysis of offered trucks uploaded in relevant excel file XLS

v. Copy of PAN Card PDF

vi. Single Page declaration “Undertaking by tenderers” in their letter head as per Annexure-III

PDF

vii. Category of bidders as per Annexure-IV PDF

viii. Copy of Individual Affidavit for all attached trucks/LCVs as per Annexure-V PDF

SUB: Transportation of Indane LPG Cylinders in vertical position on unit rate basis

TENDER NUMBER : GSO/LPG-O/EOI/05/2018/

ix. Undertaking for trucks offered duly Notarised as per Annexure-VI PDF

x. Details of relationship (Part A, B, C & D) duly filled-in as per Annexure-VII PDF

xi. Copy of SC/ST certificate duly issued by competent authority as per Annexure-VIII or any format by the competent authority to be submitted by bidders i.e. Proprietor/All Partners/Directors. General category shall submit “not applicable” declaration by crossing the attached SC/ST certificate.

PDF

xii. Copy of registration certificate from Registrar of Firm to establish the registered partnership firm enclosing all annexure wherein names of all the partners of the said partnership firm are mentioned or Certificate of Incorporation (wherever applicable).

PDF

xiii. Copy of irrevocable Power of Attorney meeting the law of land , if applicable as per Annexure- IX

PDF

xiv. Proforma for confirmation on applicability of “micro, small and medium enterprises development act, 2006 (msmed act 2006)” including certificate issued as per Annexure -X

PDF

xv. Undertaking by LPG distributors having understanding for sharing trucks as per Annexure-XI

PDF

xvi. Declaration by bidder regarding Blacklisting / holiday-listing as per Annexure-XII

PDF

xvii. Agreement for Integrity Pact of the Contracting company as per Annexure -XIII duly signed on all pages.

PDF

xviii. Bank details of bidder as per Annexure-XIV PDF

xix. MSE parties to submit the list of trucks as per Annexure XV PDF

xx. Price Bid in the excel file only XLS

I am the competent person authorised to sign this Tender.

Signature:_______________________

Full Name:______________________

(Signed as Proprietor/Partner/Director/POA*) * Power of Attorney meeting the law of land. : Original POA holder to sign and not by any authorized

representative.

Rubber Stamp :

Address:

7-STANDARD TENDER CONDITIONS FOR CONTRACT OF VERTICAL TRANSPORTATION OF LPG CYLINDERS BY ROAD

1.0 GENERAL GUIDELINES:

1.1 Bidders are advised to carefully study these conditions/ GITB & SITB and other tender documents before quoting their rates.

1.2 Tender should be submitted only in the prescribed forms supplied by the Corporation / downloaded from the website namely https://iocletenders.nic.in.

1.3 Over-writing / whitening / erasing out will not be accepted on any document / format / annexures / affidavits uploaded. Incorrect words/figures should be crossed and correct figures rewritten. Conditional and / or incomplete tenders are liable to be rejected. Use of correcting fluid (white) is banned and tender will be summarily rejected for usage of the same.

1.4 Near relatives (as per list enclosed) of an employee responsible for award and execution of this contract in the Corporation are NOT PERMITTED to quote. Bidder shall be obliged to intimate Corporation the names of persons who are near relatives of any employee of Corporation and who are working with the bidder in their employment or are subsequently employed by them. Any violation of this condition, even if detected subsequent to the award of contract, would amount to breach of contract on bidder's part entitling the Corporation to all rights and remedies available thereof.

1.5 A retired officer of the corporation cannot bid within two years of his retirement without obtaining written permission from HO. A copy of such permission should be attached with tender. Any violation of this condition even if detected subsequently to the award of contract, would account to breach of contract on the bidder’s part entitling on the part of Corporation to all rights and remedied available thereof , including termination and / or cancellation of the LOI/contract”.

1.6 The Trucks attaining the age of 15 years during the contractual period shall be removed from the contract. Replacement within 30 days with another eligible Truck having age of less than 15 years shall be the responsibility of the concerned transport contractor, failing on which action as per contract agreement will be taken.

1.7 If the same truck is offered by more than one party against this tender, then that truck shall not be considered in this tender against any of the bids. Decision of the Corporation shall be final.

1.8 Contract Period - The contract period will be as specified in clause 10 of Tender Schedule. In case, due to unavoidable circumstances, if finalization of fresh contract for transportation of LPG cylinders gets delayed, the consent of the contractor will be required for continuation of work at the same rates, terms and conditions.

1.9 Bidder should clearly state the constitution of their firm as specified in Annexure-I of check list. Bidders are also advised to give category declaration mandatorily as per Annexure-IV of checklist. Only ONE category should be selected by giving a tick( √) mark in the relevant box. Category once chosen by bidder cannot be changed after bid submission. If a bidder claims exemption of EMD and does not upload requisite documents, bid is liable to be rejected. In case category declaration as per Annexure-IV is not given by the bidder or the bidder is not eligible for the category declared, they shall be re-evaluated and categorized by IOCL based on the documents submitted in the tender which shall be binding on the bidder. In the case of distributors quoting under Distributor own load requirement category, they are advised to mention the SAP code of the Indane distributorship for verification.

1.10 Bidders are required to furnish details of truck(s)/LCV(s) offered by them against this

contract as specified in Annexure II of check list .

1.11 Truck(s)/LCV(s) which are already offered under contract to the Corporation at supply points not covered in this tender cannot be included in this contract unless expressly agreed to by the Corporation. Trucks/LCVs offered under this tender should not be under contract with any Oil Company on the expected date of start of this contract. Such trucks will be considered only if a `NO OBJECTION CERTIFICATE’ is submitted along with this tender from the Company with which the said trucks are on contract on the expected date of start of this contract. Also, these trucks/LCVs should not have been offered to any Oil Company for their acceptance and the said offer is still open for acceptance at the time of submission of this tender. In case the tender is floated for multiple locations, then bidder should submit such `NO OBJECTION CERTIFICATE’ for ONE location only. In case it is found that ` NO OBJECTION CERTIFICATE ‘ is submitted for multiple locations, then such trucks will be rejected from all the locations.

1.12 Whenever there is a duplication of clause either in the terms and conditions or in the agreement, the clause which is beneficial to the Corporation will be considered applicable at the time of any dispute.

1.13 The maximum loading capacity of the truck will be 306/450/504 empty/filled cylinders of 14.2 Kg. in vertical position and in three tiers. In case of LCV’s, the minimum capacity will be 100 empty / filled cylinders of 14.2 kg in vertical position and maximum capacity to be restricted as per central motor vehicle act / rules amended from time to time.

1.14 The Bidder can also offer LCV’s with minimum loading capacity of 100 Cylinders of 14.2 Kg and maximum capacity to be restricted as per Motor Vehicle Act / Rules as amended from time to time. However, loading capacity / loading pattern / caging design / Painting Colour Scheme will be standardized by the plant based on the Operational / Safety requirements which will have to be complied with by the transporters.

1.15 LCV’s carrying filled cylinders are to be first unloaded at the Distributor’s Go-down, as it is the responsibility of the concerned distributor to do 100% pre-delivery checks, before delivering the cylinders at the customers premises, and only after 100% pre-delivery check at the godown the cylinders are to be delivered to customers. All other terms & conditions specified in the tender will also be applicable for LCV’s.

1.16 At the time of placement of trucks at Bottling plants against work order, the successful bidder will have to ensure that the trucks are fit in all respect for carrying LPG cylinders, in case of failure SD forfeiture clause will be enforced.

1.17 During the course of contract the Corporation reserves its right to verify the authenticity of

inducted trucks from the website www.vahan.nic.in or any other source and after proper verification take necessary action as per the contract agreement.

1.18 No unsolicited correspondence / queries / offer from any bidder will be entertained while the award of the contract is under review / consideration.

1.19 The bidders shall note that the outstanding against their firm to the corporation for any of the contracts, existing or previous in any of the IOCL locations, shall be recovered from their transportation bills. The bidders shall also note that the Income tax charges levy (TDS if any) on transportation charges shall be recovered by the corporation and remitted to the concerned authority.

1.20 All the enclosed tender documents shall form part of the Contract. The Bidder should study all the operations/ local conditions at the loading unloading point/s and routes. Tendered would be presumed to have acquainted themselves with working conditions existing at the location, before submission of tender.

2.0 EARNEST MONEY DEPOSIT (EMD): 2.1 Tenders of Bidders not submitting EMD shall be rejected, unless they are exempted. 2.2 Required amount of EMD is Rs.15000/ per quoted truck. Bidders are advised to pay the requisite

EMD amount depending on the number of trucks quoted by them and differential EMD amount against the EMD value mentioned in e-tender site by IOCL to be claimed as exemption while making online EMD payment in e-tender site.

2.3 Cash / Cheques / BG or request for adjustment against any previously deposited EMD/pending

dues/bills/security deposits for other contracts will not be accepted as EMD and any tender with such stipulation shall be treated to have been received without EMD.

2.4 No interest is payable on EMD. 2.5 EMD is liable to be forfeited, if:

a. Bidder modifies/withdraws the offer during the validity period of this tender b. Refuses to sign the formal contract after acceptance of the bidder’s offer c. Does not furnish the requisite Security Deposit, as mentioned hereinafter d. Is unable to position trucks within the stipulated time after issuance of Letter of Intent by the

Corporation. e. Fails to comply with the above condition (d) for any one or part of quoted no. of trucks. In

this case, the forfeiture of EMD amount will be as follows - EMD per truck x no. of defaulted trucks.

f. For all other cases, complete EMD will be forfeited

2.6 EMD would be refunded as per following:

i. EMD of bidders disqualified during techno-commercial bid evaluation shall be released immediately after technical evaluation in e-portal.

ii. EMD of bidders qualified in techno-commercial bid evaluation but unsuccessful in price bid stage shall be released immediately on updation of financial evaluation in e-portal.

iii. EMD of the successful bidder shall be converted to Security deposit upon award of contract and

released after submission of full security deposit as detailed below.

Bidders will have to provide Bank Details for their Banker as per the format Annexure-XIV. 3.0 SECURITY DEPOSIT (SD):

3.1 Successful bidders will have to take Carrier’s Legal Liability Insurance Policy covering equipment

and product being transported for each truck for liability of Rs.7.5 lakhs. In addition to above, successful bidder shall also have to submit Security Deposit as under Contractors placing only 100/306 Cylinders capacity Trucks : Rs 7.5 Lacs per contract Contractors placing only 450/504 Cylinders capacity Trucks : Rs 10 Lacs per contract Contractors placing both 100/306 & 450/504 Cylinders capacity Trucks :Rs10Lacs per contract

Successful Indane Distributors including distributors under SC/ST or MSE, who offered trucks for

their own requirement only and accepted established offered L-1 rates shall have to take

Carrier’s Legal Liability Insurance Policy for the cargo covering equipment and product for

Rs.7.5 lakhs. In addition, they will also have to submit Concessional Security Deposit (CSD)

for Rs.50,000 per truck subject to maximum of Rs. 2,00,000/- per contract. Successful

Distributors including distributors under SC/ST or MSE, offering trucks more than own

requirement, Security Deposit at par with other tenderers shall be taken from these

successful Distributors. The 25% security Deposit shall be furnished by way of DD / Pay order

on placement of LOI in advance on which no interest is allowed. The balance 75% of SD shall

have to be submitted in the form of irrevocable Bank Guarantee valid for entire contract period

plus six months (no interest shall be paid on security deposit amount).

3.2 The aforesaid security deposit will be adjusted against any claim of the Corporation against the

bidder. In case truck/s offered by the bidders under this Contract are withdrawn without the prior consent of the Corporation, during the pendency of this contract and replacement of trucks are not provided within 15 days of withdrawal / replacement of trucks not provided against trucks completing 15 years during the pendency of the contract, Security deposit @ Rs.50,000/- per each truck withdrawn will be forfeited. Trucks completing 15 years (or maximum age as specified in NIT) during the pendency of the contract will be stopped from operation and such trucks need to be replaced within 15 days failing which Security deposit @ Rs.50,000/- per each truck withdrawn will be forfeited. The maximum amount to be forfeited from any Contractor shall not exceed the total security deposit furnished by the Contractor against their contract. If prior approval from Corporation is obtained by transporter for cases such as accident of truck, major repairs, etc. (based on documents such as FIR and Repair certificates from authorized dealer) a maximum time of 90 days can be allowed at the discretion of Corporation for waiver of forfeiture of SD. In case, due to unforeseen circumstances, actual truck requirement in a plant is less than work-order placed / inducted, transporters may be allowed to withdraw trucks without forfeiting their SD after approval from Corporation.

3.3 As and when forfeiture of the Security Deposit in full or in parts as mentioned above takes place

for whatsoever reasons, an equal amount would be replaced by the Transporter in order to maintain the total amount covered under Security Deposit.

3.4 No interest is payable on Security Deposit. 3.5 Any loss/damages arising out of the contract would be adjustable against the SD. Any damages

in excess of the SD will be recovered from payments due to the contract under this contract or deposits/payments due to the same Transporter under any other contract at any of the locations of Corporation.

3.6 Security deposit would be refunded only after six months of the satisfactory completion of the

contract and written request from the Transporter duly accompanied by original cash receipt, if any, issued by IOC.

3.7 In the event of loss/misplacement of the cash receipt for the SD, the refund would be made only

after the Transporter furnishes an indemnity Bond in a proforma prescribed by us on a non-judicial stamp paper of prevailing requisite value (at Transporter's cost).

3.8 Please note that SD amount is liable to be changed at the discretion of the Corporation.

4.0 The bidder has to upload the documents as per Checklist at the time of submitting the e-tender online.

5.0 AGREEMENT & TRUCK PLACEMENT: 5.1 Successful bidders will produce trucks (Owned/Attached) which have been finalized in the

tender along with all Original Documents for verification at IOCL Bottling Plant within 15 working days of date of Letter of Intent / or at any time during the tendering process as directed by the Corporation.

5.2 The physical verification of trucks qualified in the tender as per LOI shall be carried out by

concerned supplying location before actual induction of trucks. In addition, original documents like Truck Registration Certificate (RC book), insurance & Certificate of fitness etc. shall be verified during physical verification of trucks after issuance of LOI. Work Order shall be issued by the State offices on the basis of recommendation of location in-charge after physical verification of trucks as per the attached truck-induction checklist (Annexure-W6).

5.3 In case bidders fail to place trucks for physical verification after issuance of LOI, then EMD for such trucks will be forfeited.

5.4 Following condition shall be strictly checked, while carrying out physical verification after placement of LOI:

a) For a 306 type truck : RLW –ULW as per RC Book ≥ 8936 kg and for a 450 type truck :

RLW –ULW≥ 13140 kg. For other type of vehicles RLW-ULW to be checked considering the gross weight of LPG cylinders and cylinder carrying capacity of trucks. If the condition is not fulfilled in respect of any trucks then such trucks will be rejected.

b) In case of any truck, if RC Book in original is not readily available with transporters for what so ever reasons, the trucks will be summarily rejected other than the cases in respect of trucks whose RC books are seized by Govt. authorities. In such cases copy of complete RC book along with original of seizure document to be submitted at the location for verification.

c) During physical verification, if any discrepancy is observed between the Registration Certificate uploaded on the e-tendering site and that submitted physically for any truck, then such trucks shall be rejected and EMD for the truck forfeited.

5.5 Successful bidder would be required, before undertaking the contract, to execute our standard agreement within 15 working days from the date of offer letter failing which EMD is liable to be forfeited and the offer shall be withdrawn.

5.6 Specimen of Agreement Form is enclosed with these tender documents. Bidders are advised to carefully scrutinize the same before submitting their tender.

5.7 The successful bidder should submit 2 sets of the Agreement form (1 set on stamp paper and the other on plain paper) along with the Security Deposit. Both the sets are to be signed with the firm's seal and submitted to the Corporation along with the letter-confirming acceptance of the offer letter. The non-stamped copy will be returned to the successful bidder duly signed by competent authority of the Corporation.

5.8 When the person signing the tender is not the sole proprietor, necessary Power of Attorney authorizing the signatory to act on behalf of the proprietor/firm should be produced before signing the agreement and an authenticated copy of the Power of Attorney should be submitted for the Corporation record.

5.9 Successful bidders will be required to place trucks fitted with anti-lock brake system (ABS) as per IS 11852:2003 & vehicle tracking system (VTS) at their own cost. Trucks will not be inducted / taken into service till the same is fitted with ABS & VTS.

5.10 Provision of Vehicle Tracking System (VTS) in truck is mandatory. Corporation will organize supply & installation of Vehicle Monitoring Units (VMUs) by VMU supplier against cost and maintenance of VTS through a service provider at the cost of Transporter and the same will be recovered through the transportation bills of the transporters. The indicative cost towards VTS would be Rs. 200/ Truck/ Month. (Approx. cost of equipment around Rs. 5500/- & Rs. 1200/- per year for VTS monitoring, subject to actuals ). Applicable Goods and service tax on the monthly charges will also be recovered from the transporters. In case it is established that the VMU is damaged intentionally and the defects in VMU is not on account of any manufacturing defects then additional recovery with necessary taxes will be made from the concerned transporter to install new VMU.

The VTS is being installed in order to ensure safety and safe movement of the trucks, to ensure that the trucks ply on pre-planned routes, to reduce chances of pilferage of product, etc. Separate guidelines on VTS and penalty, if issued during the contract period by Corporation then same will be applicable on the successful bidders also.

6.0 OTHER CONDITIONS :

a) In case, contract gets finalized with multiple rates, Corporation reserves its right to use the lower finalized rate trucks in such a way to ensure minimum financial outgo to the Corporation.

b) Trucks carrying full load LPG commercial cylinders in its last trip may be given first priority in unloading / loading in its immediate next trip.

c) Trucks used for inter-state supplies & ex-MI supplies may be given priority in

unloading/loading of cylinders at plant. 7.0 All the terms & conditions stipulated in the Notice inviting Tender, tender document, all tender

related correspondence etc shall form part of contract. FAILURE TO EXECUTE AGREEMENT AND/OR FURNISH REQUIRED SECURITY DEPOSIT

WITHIN 15 DAYS OF PLACEMENT OF LOI MAY RENDER THE BIDDER LIABLE FOR FORFEITURE OF EARNEST MONEY DEPOSIT AND WITHDRAWAL OF OFFER WITHOUT FURTHER NOTICE AND ALSO WITHOUT PREJUDICE TO THE RIGHTS OF THE CORPORATION TO RECOVER DAMAGES UNDER LAW.

8-SPECIAL CONDITIONS FOR VERTICAL TRANSPORTATION OF LPG CYLINDERS BY ROAD

1.0 TRANSPORTER’S EMPLOYEES: 1.1 It will be the responsibility of the Transporter to ensure that (i) the drivers/ helpers (crew)

engaged for operating the vehicles and (ii) the transporter’s employees engaged for such Loading/ unloading/ stacking/ de-stacking/ handling of cylinders are trained about the safety risks and observe the prescribed safety precautions. Specifically it will be the responsibility of the Transporter to ensure strict observance of NO SMOKING restrictions by the transporter’s employees/ truck crew/ LCV crew at all stages including in-transit.

1.2 It is essential that the Transporter/s get the names, photographs, address, designations,

authorized signatures and seals of their authorized representatives duly registered in advance with the Corporation at the supply point/s. Similar details are to be furnished for truck/ LCV crew and transporter’s employees engaged for loading/ unloading. Any change in the nominations of authorized representatives/ crew/ Transporter’s employees by the Transporter/s should be registered in advance with the Corporation. All authorized representatives/ truck crew / LCV crew Transporter’s employees shall be issued Identity Cards free of cost by Corporation. However, in the event of loss/for alternative person, the identity card will be issued at the cost of Rs. 100/- for each duplicate identity card. Issue of such Identity Cards will not make the Corporation liable for any action of such representatives/ crew/ Transporter’s employees, nor exempt the Transporter for his/ their liabilities under the law.

1.3 It is the responsibility of the Transporter to submit the antecedents’ report of all crew/

Transporter’s employees engaged by them for the above work and same should be re-verified periodically as directed by the Corporation.

1.4 Transporter/s shall avoid frequent changes in the crew. 1.5 The Transporters shall ensure that the vehicles are always driven by the drivers whose driving

license have been duly endorsed by the licensing authority to this effect that he is authorized to drive vehicle carrying goods of dangerous/hazardous nature to human life as per CMVR.

1.6 The bidder to ensure that they will not engage child labour in compliance of applicable labour

laws. The contract shall be terminated in case it is detected later that the bidder had made a false claim.

1.7 Observance of safety instructions at LPG Plants / in-transit are of utmost importance.

Transporters shall be bound to nominate their crew for safety training at LPG Bottling Plants/ any other locations as and when such training's are conducted and shall bear all expenses on account of their personnel for such training. Transporter (s) will deploy only such crew who have attended safety training course conducted by Oil Industry and possess a certificate issued by Oil Industry.

1.8 The Transporter will have to ensure that specified INDIAN OIL LOGO, Safety Instructions and

colour Scheme etc. are painted/ pasted/ installed on the body of the truck(s)/ LCV(s) as prescribed by the Corporation and also comply with all the instructions as directed by the corporation from time to time, including Notices regarding classification of Cargo in accordance with the Central Motor Vehicle Act, 1988, and all amendment thereto.

1.9 Transporter(s) may be required to carry SPLIT-LOADS in the same market for which no extra payment will be made to them.

1.10 Safety signs Boards as and when supplied by Corporation at Transporter(s) cost shall have to be

displayed on the outer body of the truck(s)/ LCV(s) at places advised by the Corporation.

1.11 The transporter shall comply with all statutory provisions relating to his trade / business / profession including his own employees or employees engaged by transporter and Corporation shall not be responsible for his omission or commission. Further, the transporter undertakes to abide by the provisions of Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 in as much as the “Road Motor Transport Establishments” in the list of Non-Factory Industries to which EPF & MP Act has been made applicable, is a clause of establishments notified at Item No. (4) of Appendix-I of EPF & MP Act, 1952 and as such the transporter shall ensure appropriate coverage of TT Crews under the said Act and keep the Corporation indemnified for any non-compliance by the transporter. The transporter undertakes to abide by the provisions of Motor Transport Workmen Act, 1961 and provisions of any other Act/ scheme in relation to employment, Service condition, Social Security, such as ESI Act/ Scheme, Employees Compensation Act etc for the Motor Transport Establishment as an independent Employer.

1.12 The transporter should deploy only crew with valid certificate issued by the corporation for transportation of LPG cylinders and also they are bound to relieve their crew for training pertaining to safe transportation of LPG products as required by the corporation. The transporter should note that the trucks shall be operated following only the routes prescribed by the corporation.

2.0 OPERATION: 2.1 The Transporter/s is/are required to transport LPG cylinders in vertical position only. Necessary

fixture/s and cage for proper vertical storage of filled/empty cylinders on the trucks/ LCV’s as stipulated by the Corporation from time to time will be provided by the Transporter/s at his/their own cost. The Corporation reserves the right to accept or reject the facilities provided by the Transporter/s and the Transporters will be bound to abide by the Corporations directives for safe storage/ transportation. No extra payment will be made to the Transporter/s for providing/modifying such facilities. A typical storage plan is shown in the enclosed diagram. The essential objective of safe movement of LPG cylinders is to ensure that the cylinders will remain stable in transit and will not roll or topple over or collide with each other. Trucks should be caged as per standard design enclosed. Cost of caging will be entirely borne by the Transporter/s for both trucks/ LCV’s.

2.2 It is envisaged to introduce palletisation in LPG cylinders transportation in future. The pallets will

be provided by the Corporation. The Transporter/s may be required to provide facilities on the trucks/ LCVs for loading/unloading/storage of the pallets at his/ their cost. The Corporation, at its sole discretion, may consider suitable compensation to the Transporter/s in this context.

2.3 Normally, all trucks/LCVs will be loaded to full capacity. A full truck/ LCV load will be determined in

each case considering actual vertical (or palletized) storage, as the case may be, subject to compliance of statutory requirements particularly those specified in the Gas Cylinder Rules 1981, Motor Vehicle Rules (for the Particular States/Routes) on restriction of axle load and/ or length and certified carrying capacity of each truck/ LCV.

2.4 Movement of filled & empty cylinders would normally take place in full truck/ LCV loads. The

applicable rates are as follows:

a. For filled cylinder movement – 60% of the finalized rates b. For empty cylinder movement – 40% of the finalized rates. c. Number of empty cylinders on the return trip, may at times fall short of a full load. In such a

case, rate would apply upto the actual number of such filled cylinders against which equivalent empties have also been transported and for the balance number of cylinders (filled) against which empty cylinders have not been carried on return trip only, one-way filled rate would apply.

For example: If filled cylinders transported - 306 and empty cylinder brought were say - 200 Then transportation payment would be made at the composite rate for 200 cylinder and for the balance 106 filled cylinders, one way filled rate would be applicable.

2.5 The transporter’s truck carrying cylinders shall have to occasionally transport boxes of LPG

Pressure Regulators / Stationery packages as and when asked for by the Corporation. Further, occasionally the transporter shall also be required to transport defective PRs from the Distributor to the plant, along with the cylinder load. The defective PRs shall be packed by the Distributor in gunny bags and shall be jointly sealed and signed by the Distributor’s representative & Transporter’s representative before handing over the same to the transporter. For all these activities, no extra payment shall be made by the Corporation. Loading/Unloading of material at both ends shall be arranged by the transporter at his own cost.

2.6 The Corporation reserves the right to suspend the trucks that are suspected to be indulging in

any sort of malpractices or any other acts not conducive to the interests of the Corporation such as misbehavior, dishonesty, disobedience, pilferage etc Such trucks shall be suspended without

giving any reasons and in all such cases, no compensation will be paid to the transporter. 3.0 LOSS: 3.1 No allowance will be made for loss of gas from cylinders in transit. 3.2 The Transporter will collect only correctly filled and sealed cylinders with neck labels / stickers

(as the case may be) attached and deliver the same in intact conditions. 3.3 If any filled cylinder returned by distributor in same load is found to be without-seal / seal-

tampered and a) Partially empty, the value of LPG will be debited to the transporter at the prevailing cost of

Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant.

b) Partially/completely filled with any other material (other than LPG) the full value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for full quantity (14.2 Kg for 14.2 Kg Cyls, 19 Kg for 19 Kg Cyls etc.).

c) If any OMC cylinder is detected at LPG plant in same load and is found to be without seal / tampered seal, the value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant. Additionally cost of such cylinders will be recovered from the transporters at normal tariff rates.

d) If any spurious cylinder is detected at LPG plant in same load and is found to be without seal

/ tampered seal, the value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant. Additionally cost of such cylinders will be recovered from the transporters at penal rates. Further, transporter will be required to bring back such cylinders to the supply point by same truck / LCV and transportation charges for such cylinders will not be paid to the transporter.

e) The Transporter will have to bear the cost for any loss of cylinders/ valves/ safety caps or any other property of the Corporation placed in his/ their custody for transportation, at rates prescribed by the Corporation from time to time. Such costs will be recovered from the payments due to the Transporter and/or from the Security Deposit/ due bills for payments.

3.4 The Corporation reserves the right to recover the costs for loss or damage to cylinders/

accessories, at its discretion irrespective of whether the truck/ LCV cages were sealed or not. 4.0 SAFETY: 4.1 Transporter/s authorised representative/s and/ or crew are required to check each and every

cylinder at the time of loading. In case the Transporter/s bring any non-standard cylinder to the supply point in truck/ LCV whether SEALED OR NOT, such cylinders will be confiscated by the Corporation in the interest of Public Safety and no payment shall be made to the Transporter/s for the transportation cost. Further recovery will be made from the Transporter at the penal rate towards such cylinders.

Cleaner should be provided along with the driver at all times. 4.2 In case of any cylinder developing a leak while in custody of the Transporter, it should be

brought to the notice of the nearest bottling plant/ Distributor/ police station and take necessary precaution by parking the vehicle at the safe place for further necessary action.

4.3 The transportation of LPG cylinder/s is covered by the Gas Cylinder Rules 1981.

It will be responsibility of the Transporters to ensure that the truck/ LCV and the operations fully conform to the above rules in all respect. Some important stipulations of the Gas Cylinder Rules 1981 are noted below for reference and guidance.

4.3.1 Cylinder shall be so transported as not to project in the horizontal plane beyond the sides or ends

of the vehicle by which they are transported. 4.3.2 There shall be no sharp projections on the inside of the vehicle. 4.3.3 Cylinder shall be adequately secured to prevent their falling off the vehicle and being subject to

rough handling/ excessive shocks or Local stresses. 4.3.4 The LPG cylinders shall always be transported and kept in the up-right position and shall be so

placed that these cannot be knocked over. 4.3.5 During unloading, care should be taken so that no damage is caused to the cylinder and

cylinders are not thrown from the vehicle during unloading. 4.3.6 Trucks/ LCVs to be engaged for transportation of LPG cylinders should be sound and strictly

conform to regulations stipulated by the Chief Controller of Explosives and Motor Vehicles Act, as applicable, from time to time.

Should accommodate a minimum of 6 cylinders in the vertical position and the length should be sufficient to take at least 18 cylinders in the truck (306 numbers 14.2 kg cylinders). The truck should be properly caged at the top. The packed truck will be boxed type with caging arrangement. (Chassis alone shall not be considered).

4.3.7 BIS approved 2 nos. of New Fire Extinguishers of 9 kg. DCP type in sound and proper working

order should be carried in the vehicle and may be kept in an easily accessible position.

4.3.8 Exhaust of the truck/ LCV must be fitted properly with new spark arrestor of a design

approved by Chief Controller of Explosives and meeting the BIS standards. The exhaust should be routed only on the front of the vehicle towards driver’s side.

4.3.9 No other material/ goods except as authorized by the Corporation are to be carried in the truck/

LCV while it is loaded with LPG cylinders. 4.3.10 Smoking is strictly prohibited in the vehicle and no fire or any source of ignition is to be

permitted on and in the vicinity of the vehicle. 4.3.11 Besides crew i.e. the driver and helper, no other person is to be allowed to travel in the trucks/

LCVs carrying LPG cylinders. 4.3.12 Vehicles crew should be adequately trained with the operation of fire extinguishers. 4.3.13 Stout steel guards on HSD tank should be provided to minimize damage to fuel in the event of

any accident. 4.3.14 Caps with locking arrangement should be provided on HSD to prevent spillage in the event of

topping down of the truck/ LCV. 4.3.15 Successful tender should get their drivers trained, at their cost under rule No. MV9 from the

plant/ institute recognised as training center for conducting such training programme. 4.3.16 The transporters and truck/ LCV crew members shall comply all safety related instructions as

directed by the corporation from time to time.

4.3.17 The truck crew would not be permitted to enter the location premises without use of the PPE (personal protective equipment) such as safety shoes, safety helmet and uniform as per instructions of Plant In-Charge. This will be treated as irregularity and action for suspension of truck shall be taken as mentioned under Clause No. 7.0 of PTDG (Packed Transport Discipline Guidelines).

4.3.18 Rubber mat of minimum 1 inch thickness should be provided on the bed of the truck. Tyre is not acceptable in lieu of rubber mat.

4.3.19 Safety belt (retractable) for Driver & Cleaner should be provided by the transporters & it should be as per the specification recommended by the company

4.3.20 Unauthorized Parking of Trucks outside LPG Plant Premises :- Parking of trucks inside / outside the LPG Bottling plant premises on the road is treated as unauthorized as it causes hindrance to the traffic as well as endangers the safety near / in around LPG Bottling Plant premises except the Pay & Park facility meant for parking of trucks or free parking of trucks wherever applicable. Trucks after loading with the cylinders from the LPG Plant shall not stand outside the LPG Plant premises and shall directly go to the Distributor Go-down. No Pay and Park charges shall be reimbursed by IOCL.

5.0 INSURANCE: Transporter/s will be required to have a insurance policy at his cost for each vehicle from

Insurance Company and keep such policy in force at all times to cover all risks of whatever nature. The policy should have specific mention for coverage of any damage caused by the truck/ LCV to Corporation/public property/person etc. during pendency of the contract.

It is clearly understood that transit insurance coverage, if any, shall be the sole responsibility and

at the cost of the Transporter. The Corporation does not and will not insure the product under

transit risk or reimburse the Transporter for the same. 6.0 TRANSHIPMENT: Transporters shall not transship any LPG Cylinder/s at any point enroute. In case transshipment

is required on account of break-down of the truck/ LCV enroute, such transshipment will be undertaken only with prior intimation and approval of the Corporation, except where such transshipment to be undertaken immediately in the interest of safety. In all such cases, it will be responsibility of the Transporter/s to carry out such transshipment under intimation to and with the knowledge of the local Civil Police authorities. Copy of such intimation will be furnished by the Transporter to the Corporation with full details and justification immediately.

7.0 DISTRIBUTORS:

The Transporter/s will receive payment instrument/s, indents, sales tax form etc. from the distributors against acknowledgment as and when requested to do so by the concerned distributors, and such payment instrument/s with other attached documents shall be deposited along with the ERV immediately when the particular truck/ LCV reports to the supply point next for receiving fresh supplies. If the truck/ LCV breakdowns enroute to the Plant and there is likely to be a delay beyond 24 hrs. , the Transporter should arrange to reach the indent to the supply point at his/their cost.

The trucks/ LCVs may also be utilised for the movement of ST/ HR/ Scrap Cylinder between Bottling plants or repairer premises or to any location at the prevailing rates of the contract. If the truck / LCV is utilized for movement of LPG cylinders to / from repairer premises , the transportation rates applicable for such movements shall be 40% ( forty percent) of the finalized rates on RTKM basis ( i.e. for each side movement 40% of the rates will apply). DPRs and SC valves and other materials shall be transported along with the cylinders free of cost.

8.0 RATES: 8.1 Rates are to be quoted on plus or minus percentage basis of the estimated rates of 14.2 kg

cylinders provided by the Corporation. The quoted percentage is applicable to all the categories of rates. The estimated rates provided are inclusive of all taxes (except Goods and Service Tax), toll charges applicable upto the date of closing of the tender, loading/ unloading/ stacking/ destacking at both ends. In case of new toll gate/s or increase in existing toll introduced subsequent to the date of the closing of the tender, then such new applicable toll charges, shall be reimbursed on production of original receipt of Toll tax paid along with transportation bills (in case of thermal paper receipts, original receipts as well as self attested photocopy to be submitted). Similarly, if any toll gates gets closed or toll rates gets reduced during the period of contract , which were in effect before closing date of tender then such toll charges will be recovered from the transportation bill of the bidders. However, responsibility of informing the concerned location in-charge in writing along with requisite Gazette of any new toll / increase in existing toll / closing of any toll gates after closing date of tender lies on the transporters. If the information is not furnished to concerned location in charge of supply location in due time then reimbursement for that period will not be made by Corporation to the transporters claiming such charges in toll. However, recovery will be made in case closure of toll gates from the gazette notice.

8.2 The rate finalized in the tender will be binding on the bidder for the entire pendency of the

contract. No other taxes, levies etc. will be reimbursed thereafter during the period of the contract.

8.3 Rates for "Hill Route with load restriction" will apply only on routes where restrictions are imposed by the Government authorities on Axle load and/or Wheel base. Identification of hill routes shall be at the sole discretion of Corporation.

8.4 Rates for "Hill route without load restriction" will apply only on routes where terrain is hilly but

there is no load restriction imposed by the concerned Government authorities. Identification of such routes shall be at the sole discretion of the Corporation.

8.5 In case of "One Way" transportation 60% (sixty percent) of the composite rate will be paid for

filled cylinders and 40% (forty percent) for empty cylinders. If the truck/ LCV is utilsed for movement of LPG Cylinders to/from repairer premises , the transportation rates applicable for such movements shall be 40 % ( forty percent ) of the finalized rates on RTKM basis( i.e for each

side movement 40 % of the rates will apply ). DPRs and SC valves and other materials shall be transported along with the Cylinders free of cost.

8.6 Rates for 5 Kg cylinders shall be 0.46 times of 14.2 Kg cylinders subject to condition that transportation charges should not exceed equivalent to full truck load of 306/450 cylinders or full LCV load of 14.2 Kg by adopting proper loading pattern of 14.2 Kg cylinders and 5 Kg cylinders in a truck / LCV.

8.7 Rates for 19 Kg. cylinders shall be 1.5 times of 14.2 Kg. cylinder subject to condition that

transportation charges should not exceed equivalent to full truck load of 306/450 cylinders or full LCV load of 14.2 Kg. by adopting proper loading pattern of 14.2 Kg. cylinders and 19 Kg. cylinders in a truck / LCV.

8.8 Rates for 47.5 Kg. cylinders shall be 3.3 times of 14.2 Kg. cylinder subject to condition that

transportation charges should not exceed equivalent to full truck load of 306/450 cylinders or full LCV load of 14.2 Kg. by adopting proper loading pattern of 14.2 Kg. cylinders and 47 Kg. cylinders in a truck / LCV.

8.9 If the supply point/ transport planning point is shifted due to exigencies or realignment of markets

or re-organization of markets or new plant location ,where IOCL has made arrangement for cylinder filling or as required by IOCL trucks accepted in this tender may be shifted to new location at the sole discretion of IOCL and lowest rate prevailing if any at that location shall be payable. In case of not having established rates at the new location then the original rates of earlier location will be paid.

8.10 Rates are subject to the minimum charges per truck load for any slab not being less than the

maximum amount payable for transportation in the previous slab.

9.0 ESCALATION / DE-ESCALATION:

Upward/ down ward revision in transportation rates would be considered by the corporation as per Corporation's norms from time to time in case of revision in the price of HSD. The Retail Selling Price (RSP) of HSD at GANDHINAGAR (respective state capital of supply source) as on APR-JUNE 2018 QUARTER will be the base price. The transportation charges will be paid with applicable escalation / de-escalation of rates, the escalation / de-escalation will be worked out from APR-JUNE 2018 QUARTER and the same will be paid as under:

The escalation/ de-escalation of transportation rates will be allowed every quarter i.e. on 1st January, 1st April, 1st July and 1st October. In case of commencement of the new contract in between of the quarter period, the escalation/ de-escalation shall also be applied from the dates mentioned above.

Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of HSD, which will be the weighted average of RSPs of HSD during immediate previous three months, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent three months.

Only the increase/ decrease in RSP of HSD at the State Capital city of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of the IOC shall be final and binding.

The Transporters shall not be empowered to increase the rates unilaterally.

Present norms for escalation/de-escalation are given hereunder:

Revision in the cost of HSD –

The escalation / de-escalation shall be calculated on the presumption that:

Notional capacity of the truck will be 306 x 14.2 kg cylinder (10 MT) & for 450 x 14.2kg cylinders (16 MT).

Average Consumption of HSD will be 4 km / lit for 306 cylinders capacity

trucks & 3.75 km/lit for 450 cylinders capacity trucks

Basis of calculation of escalation shall be as follows which shall be final and binding to all.

These will be applicable uniformly irrespective of make, model and loading capacity of truck/ LCV.

Sample calculation for escalation is given below: a. Distance 'X" KM RTD b. Standard Capacity of truck (14.2 kg. cyl.) : 306/100 Cylinders or 450/504 Cylinders c. HSD : Say Rs. "A", increase per litre,

Escalation per cylinder = A/(4*306) Rs./Km-for 306/100 Cylinder carrying capacity trucks or A/(3.75*450) Rs./Km for 450 Cylinder carrying capacity trucks. as the case may be.

The decision of the Corporation on the calculations as well as implementation will be final and binding. After completion of 3rd year, escalation in rates of 5.0% for 4th Year and 5.0% for 5th Year on the non-fuel component of the rate (the finalized rate less the corresponding HSD component) of the finalized rate shall be considered.

Formula for working out Escalation at the beginning of 4th& 5th year of the

contract:

Assumptions:

Let the Transportation Rate at the end of 3rd year of the contract be R in

Rs./cyl./RTKM

Let H be the Retail Selling Price of HSD in Rs./Litre at the end of the 3rd year of

the contract.

The Fuel component F, is given by:

F = H ÷ (4) ÷ (306) in Rs/cyl/RTKM for 100/306 cyl trucks, and

F = H ÷ (3.75) ÷ (450) in Rs/cyl/RTKM for 450/504 cyl trucks

The Non-Fuel Component N, is given by: N = (R - F)

The increment of 5.0 % is applied to N, which becomes Nr, given by:

Nr = (1.05)* N

The Revised Rate would be: (R + Nr)

Illustration:

Let the Transportation Rate, R at the end of the 3rd year of the contract be 0.075

Rs/cyl/RTKM for 306 cylinder capacity truck

Let the Retail Selling Price of HSD, H, be Rs. 64 per Litre

The Fuel component in the above rate F is Rs.16.0 /RTKM or Rs

0.052/cyl/RTKM (for 306 cyl truck)

The Non fuel component N = 0.075 – 0.052= Rs. 0.023/cyl/RTKM

Applying the increment of 5.0 % on Rs. 0.023 /cyl/RTKM, we have:

Nr = 0.05 x 0.023 = Rs. 0.00115 cyl/RTKM

The Revised rate for the 4th year would be: 0.075 + 0.00115 =

Rs 0.07615/cyl/RTKM

NOTE: Similar escalation will be applied to the existing rates at the

beginning of 5th year

10.0 GENERAL: 10.1 The Transporter will provide all the equipment and the manpower required for Carrying out the

work assigned to them as detailed in the description of job. The job specifically includes Loading / Unloading and vertical stacking/ destacking of filled and empty cylinders at the supply

point/s as well as at the destination/s. If the Transporter/s fail to carry out loading/ unloading, vertical stacking/ destacking at the distributor's Godowns, the actual amount incurred by the distributor/s for this work as certified by the concerned distributors/ repairer shall be debited to the Transporter.

10.2 Trucks/ LCVs provided for transportation of cylinders should preferably be registered in the State

in which the Bottling Plant is located and should preferably be covered by NATIONAL PERMIT/ZONAL PERMIT at Transporter's cost. Transporter/s should ensure that such permit is available with trucks/ LCVs driver at all times during operation of trucks/ LCVs and during contract period. In case, sufficient numbers of trucks for this specific requirement is not available, the transporter, as directed by the Corporation, shall arrange to change the Registration numbers of trucks or replacement of trucks and/or obtain suitable permits at their own cost within one month of such directive. Failure to do so would be treated as breach of contract and action as per the terms and conditions would be taken.

10.3 The Transporter will operate the said trucks/ LCVs for haulage of LPG cylinders of the

Corporation as and when required by the Corporation to various destinations as per requirement. It is distinctly understood that the Corporation has not guaranteed any minimum turnover, whether daily, monthly or during the contract. The Transporter will not be entitled to demand any idling charges or minimum turn over charges or any other loss or damage of whatsoever nature against the Corporation for non-utilization of the said trucks/ LCVs wholly or in part.

10.4 Corporation may utilize the trucks based on manual load planning or computerized automatic

truck load planning as per requirements / to the best benefit of Corporation.

10.5 Any loss of the product/ equipment's of the Corporation's while loading/ unloading or in transit or

as is subsequently detected will be at the entire risk, cost and expenses of the Transporters only. If through any mistake, inadvertence, lack of prudence or foresight of the Corporation or through any mistake at locations or other establishments, any loading of product is undertaken in the truck/ LCV without required documents being signed by the authorised representative of the Transporter or in respect of any irregularity therein, the same will not absolve the Transporter/s from liability in respect of transportation of such product and all the provision contained in the agreement shall also apply to such product/equipment's so loaded in such trucks/ LCVs.

10.6 That the loading of the trucks/ LCVs at the refineries/ bottling plant or any other establishment

and the unloading thereof will be the sole responsibility of the Transporter's and this provision will not in any way affect or modify the liability of the Transporter under any other provision thereof.

10.7 That in case the truck/ LCV is/ are rendered unserviceable for want of repairs/ servicing, the

Transporters will make arrangement for effecting supplies by placing alternate trucks/ LCVs with prior information to and approval of the Corporation. In the event of the Transporter's failure to provide alternative trucks/ LCVs within 15 days, the Transporter/s will be liable to make good to the Corporation any extra expenditure that may be incurred by the Corporation in making other arrangements for effecting the supplies without prejudice to all other rights of the Corporation. Such extra expenditure will be deducted from the pending transportation bills and/ or security deposit of the Transporter/s.

10.8 The Transporters shall observe and implement all the laws of the land, the rules framed there

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

10.9 The transport charges payable under the contract will be based on shortest route approved by

the company on the round trip basis (called RTKM). A list of current RTKM's applicable to storage points/ Bottling plants where trucks/ LCVs are based are available with concerned storage point/ bottling plant. “ RTDs are subject to change from time to time and recovery /payment shall be effected on this account from date of change of RTD at the sole discretion of the Corporation.” Reverified RTDs are to be made effective from date of start of operating current contract or from the date of reduction / increase whichever is later and recovery / payment to be made in event of any downward / upward revision from such date.

10.10 The Transporters shall not unilaterally induct or withdraw trucks/ LCVs as listed in the work

order. However in case of any exigency the Transporter/s will be liable to position additional fleet over and above the commitment as per work order within 24 hours of receipt or clear written communication from the Corporation.

10.11 The Security Deposit/ EMD is liable to be forfeited if the Transporter/s fail to position the number

of trucks/ LCVs agreed to in the contract. 10.12 The successful bidder on whom the work order is placed may purchase their entire requirement

of HSD from IOC's consumer pump facility installed at plant/ approved IOC Retail Outlet. The facility to recover the cost of HSD purchased for the transportation work done for IOC' from the transportation bills may be extended by IOC.

10.13 It is mandatory for the Transporter to abide by all the Safety, Health and Environment related

norms as in force during the period of contract. In case of violation of any of the above norms by the Transporter, a penalty of Rs. 5000/- will be imposed on per occasion basis.

10.14 Similarly, in case of violation of any of above norms resulting in any physical injury, a penalty of

0.5% of the contract value per injury in addition to Rs. 5000/- as given above will be imposed. 10.15 Similarly, in case of violation of any of above norms resulting in a case of fatal accident within

the Bottling Plant premises, a penalty of 1% of the contract value(maximum of Rs. 10,00,000) per fatality in addition to Rs. 5000/- as given above will be imposed. It is advised in the interest of the Transporter to take an appropriate insurance policy that can cater to the needs of such incidents.

10.16 As per the policy of the Corporation the all statutory taxes including Income Tax will be deducted

at source at the prevailing rates from time to time while making payment of transportation bill as per Government Directives.

10.17 FLEET / LOYALTY CARD : Successful bidders will be made member of IOCL ‘s Fleet / Loyalty

card and Corporation’s internal guidelines will be followed in respect of % age of transportation payment through Fleet / Loyalty card for upliftment of HSD from the respective Corporation’s Retail Outlets.

11.0 ARBITRATION : Any dispute or difference arising under or in connection with this contract shall be referred to a

Sole Arbitrator as per the provisions of the Indian Arbitration and Conciliation Act 1996 as amended vide Arbitration & Conciliation (Amendment) Ordinance 2015 dated 23.10.2015.

The parties hereby agree that the court in city of AHMEDABAD_ ( respective state office HQ) alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of anything arising under this Agreement

9. Standard Taxation Condition

Clause No.

Description

DEFINITIONS

1 Contractual period / Work Completion Period /Contractual Delivery Date / Contractual Completion Period shall mean the Scheduled Delivery / Completion Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or Work Order and shall also include approved extensions, if any.

GENERAL

1 Where any portion of the GCC/any other section of tender, is repugnant to or at variance with any provision of the Standard Taxation Condition (STC), then the provision of the STC shall be deemed to override the provisions of the GCC and shall, to the extent of such repugnance or variations, prevail.

2 For the purpose of this STC, the term “tax” in addition to tax imposed under CGST (Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/ GST Compensation Cess Acts, also includes any duties, cess or statutory levies levied by central or state authorities.

3 It would be the responsibility of the contractor to get the registration with the respective Tax authorities. Any taxes being charged by the Contractors would be claimed by issuing proper TAX Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed under the respective tax laws and also to mention his correct and valid registration number(s) along with IOCL’s registration number as applicable for particular supply on all invoices raised on IOCL. In case the contractor is opting for Composition scheme under the GST laws (i.e Section 10 of the CGST Act, 2017 and similar provisions under the respective State / UT law), the contractor should confirm the same. Further the contractor to confirm the issuance of Bill of Supply while submission of tender documents and no GST will be charged on IOCL. In case the contractor is falling under Unregistered category, the contractor should confirm the same.

4 The contractor would be liable to reimburse or make good of any loss/claim by IOCL towards tax credit rejected /disallowed by any tax authorities due to non deposit of taxes or non updation of the data in GSTIN network or non filling of returns or non compliance of tax laws by the Contractor by issuance of suitable credit note to IOCL. In case, contractor does not issues credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy/Tax, if any, payable on such recovery.

5 Tax element on any Debit Note / Supplementary invoice, raised by the contractor will be reimbursed by IOCL as long as the same is within the permissible time limit as per the respective taxation laws and also permissible under the Contract terms and conditions. Contractors to ensure that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from time to time.

6 The contractor will be under obligation for quoting/charging correct rate of tax as prescribed under the respective Tax Laws. Further the Contractor shall avail and pass on benefits of all exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services or understanding of law or rules or regulations or any other reasons of similar nature shall be entertained by IOCL.

Clause No.

Description

7 In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the contractor is liable to make good the loss suffered by IOCL by issuance of suitable credit note to IOCL. In case, contractor does not issue credit note to IOCL, IOCL would be constrained to recover the amount including interest payable alongwith Statutory levy, if any, payable on such recovery.

8 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all certificates, documents and declarations as are required by IOCL to avail of the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL.

9 ROAD PERMIT /WAY BILL

9.1 IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor only in those cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the Road permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper utilization of road permits for the specific supply and in case of seizure of goods/vehicle, the Contractor will be wholly responsible for release and reimburse the litigation cost to IOCL.

9.2 IOCL shall on no account be responsible for delay or hold up due to the timely non availability of such documents as are required to be furnished by the owner to obtain the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make best efforts to provide sufficient number of Road Permits/way bill, by whatever name it is called. on demand to avoid any delay or Hold up.

ANNEXURE – A

10-Details of markets , provisional RTD & Tentative monthly upliftment

PACKED TRANSPORTATION .: : PROJECTED MAXIMUM

PEAK DEMAND OF DISTRIBUTORS IN MT / PROVISIONAL

RTKM FOR TRANSPORTATION OF 5 Kg /14.2 Kg/ 19 Kg/ / 47.5 KG LPG CYLINDERS EX. IOCL ,

BHAVNAGAR LPG BOTTLING PLANT .

S. NO DISTRIBUTOR

CODE Name of the Distributor RTKM

Maxm. Peak demand in MT

from the concerned plant

1 112169 LIMDI GAS 270

48.01

2 112190 P C BROTHERS 326

121.43

3 112193 RAJ INDANE 148

104.25

4 112200 SHREEJI INDANE 430

113.64

5 112224 AERO GAS SERVICE 254

189.87

6 112225

BHAVNAGAR SAH HATT, BHAVNAGAR

28 127.49

7 112226

BILAKHIA GAS SERVICE

247 88.86

8 112227

BALMUKUND INDANE 314 97.13

9 112228

DEEPTI GAS AGENCY

28 148.74

10 112229

DOSHI GAS SERVICE

180 188.82

11 112233

GARIYADHAR INDANE

160 197.89

12 112234

H.K.KAMDAR & SONS

28 180.80

13 112235

INDRANI GAS AGENCY

93 212.88

14 112237

JAY SHAKTI INDANE GAS AGENCY

28 148.16

15 112239

KEYUR INDANE GAS AGENCY

122 169.80

16 112240

L&T GCW EMP CR & CON COOP SOC

283 6.03

17

112242

MASHRU & CO.

538

112.66

18

112243

PARMAR GAS SERVICE

316 126.47

19

112244

PADSALA GAS AGENCY

247 170.42

20

112245

PATEL INDANE GAS AGENCY

168 123.46

21 112246 MAHUVA TAL.SAH.KHARID VECH S.L 180 115.46

22 112247 SHIV PRTHMIK GRAH.SAH GAS AGEN 28 379.10

23 112248 SANKLIT MAHILA BAL UDYOG SAH. 327 152.36

24 112249 SIHOR GAS AGENCY 57 217.82

25 112250 SWASTIK INDANE 32 76.38

26 112251 SIDDHI INDANE 100

61.50

27 112252 SWETA INDANE 28 159.25

28 112254 SUNIL GAS AGENCY 198 236.80

29 112255 SATGURU INDANE DISTRIBUTORS 122 185.75

30 112256 SAMIR GAS AGENCY 360 161.60

TENDER No.: GSO/LPG-O/EOI/05/2018/

31 112257 GACL EMP CR & CONS COOP SOC LT 444 14.73

32 112258 VINOD GAS AGENCY 538 82.02

33 118483 SHREE BAJRANGDASJI INDANE 28 230.02

34 122518 JAY GHORAIYA INDANE 241 56.64

35 122529 NISARG INDANE 270 118.04

36 198800 JAY YOGESHWAR GAS AGENCY 301 95.31

37 212115 TAPASVI INDANE 326 83.57

38 221737 SHAHID VIJAY INDANE, 326 82.97

39 230459 LADUBA GAS AGENCY 202 90.94

40 253504 KAILASH INDANE GRAMIN VITRAK 268 85.53

41 256261 OM INDANE GRAMIN VITRAK 528 37.17

42 258055 CITIZEN INDANE GRAMIN VITARAK 126 30.99

43 261151 GIGEV INDANE GRAMIN VITRAK 18 38.80

44 267118 SONAL MAA INDANE GRAM. VITARAK 238 72.50

45 267785 JANI INDANE GRAMIN VITRAK 390 38.09

46 279824 NOMAAN INDANE 210 28.42

47 285229 SHREE INDANE GAS AGENCY 86 18.81

48 287267 PRATHA INDANE GAS AGENCY 316 57.17

49 287493 GURUGAUTAM INDANE 198 33.12

50 288746 GOPI INDANE GRAMIN VITRAK 86 19.71

51 259617 HEMAL INDANE GRAMIN VITRAK 404 34.21

52 288745 JOGMAYA INDANE GRAMIN LPG VITRAK 212 24.55

11- DOCUMENTS TO BE UPLOADED (Annexure I to XIV)

Annexure-I & II to be uploaded as per excel sheet

Annexure- I

STATEMENT OF CREDENTIALS

Tenderer should fill in below mentioned details along with the Technical bid. (NON- COMPLIANCE OF ANY DETAILS WILL MEAN INCOMPLETE TENDER). Please state "NOT APPLICABLE" in case you have no positive answer. For example, if you are not a proprietary firm, then please state "NIL" or “NOT APPLICABLE’ against item No. (B) 1 below instead of keeping the same blank. The blank cells shall be highlighted in RED colour till they are filled up

S. No Particulars Vendor's response

1 Name and address of the Bidder: 2 Telephone Nos.: 3 Fax & E-Mail, if any:

4 Name of Contact Person:

5 PAN number

6 Nature of the firm ( state whether Limited Co. Partnership, Co-operative Society or Sole Proprietor)

7 Year of Establishment 8 Registration No. Of Company or Firm

9 Sole Proprietorship?

If yes, Give name of the Proprietor

10 Partnership firm?

If yes, Give names of the Partners

11 Private or Public Limited Company?

If yes, Give list of Directors.

12 State whether the bidder is Haulage Contractor at the supply locations covered in this tender. Choose `Yes' or `No' from the drop down list provided.

Trucks should be of Standardised loading Capacity of 306 empty/ filled cylinders of 14.2 Kg ( Tare weight of 14.2 Kg capacity cylinder is around 15.0 Kg to 16.9 Kg and gross weight of filled cylinders ranges from 29.2 Kg to 31.1 Kg )

LCV’s should have minimum loading capacity of 100 empty / filled cylinders of 14.2 kg in vertical position and maximum capacity to be restricted as per central motor vehicle act / rules amended from time to time.

Legible Photostat copies of RC book and insurance policy to be uploaded.

For entering the details , excel file as per Annexure-II to be updated and uploaded.

DETAILS OF TRUCKS QUOTED ANNEXURE-II

IOCL Name of the Bidder :

TENDER NO.GSO/LPG-O/EOI/05/2018/PACKED

TRANSPORTATION

IN FIGURES

IN FIGURES

Number of registered trucks Offered:

Dist. Offering Trucks for own load

Owned trucks for own load s

S.N.

RTO Registartion

No.

Address of

Registering RTO

Engine No.

Chassis No.

RLW in KG

ULW in KG

Capacity in KG ( RLW-ULW )

Date of manufacturing

Model / Make

ABS (Y/N)

Name of owner of

truck

Relationship

with the bidder

Owned /

attached

In case of attached ,

whether affidavit submitted

Yes No

1

2

3

4

5

6

7

….

Annexure- III

UNDERTAKING –TO BE SUBMITTED ALONGWITH TECHNICAL BID

Name of Work:

Tender No:

We confirm that we have quoted the rates in this tender considering inter-alia the

1. Tender Documents

2. Additional Documents (if any)

3. BoQ Document (Price Bid Format)

4. Corrigendum ( if any)

5. Pre-Bid Meeting minutes (if any)

We ___________________________________________ (Name of the Tenderer )hereby certify that we have

fully read and thoroughly understood the tender requirements and accept all terms and conditions of the tender

including all corrigendum/addendum , if any and minutes of the pre bid meeting. In event of our offer found

technically acceptable and contract is awarded to us, the complete tender document shall be considered for

constitution of the Contract Agreement.

Signed for and on behalf of Tenderer(s)

Name of Tenderer(s)

DATE: _____________________

PLACE: ____________________

Seal & Signature of Tenderer

NOTE: This declaration should be signed by the Tenderers authorized representative on COMPANY

LETTERHEAD who is signing the Bid and scanned copy to be uploaded.

ANNEXURE-IV CATEGORY DECLARATION FOR THE BID (To be given by bidder on Letter Head)

To: CGM (LPG) GUJARAT STATE OFFICE Dear Sir,

In response to your notice inviting tender for above, we confirm our declaration of category to be considered for the bid submitted by us having carefully read, studied and understood various terms and conditions /documents downloaded with the tender. MSE GENERAL MSE – SC MSE – ST SC Distributor Own load category SAP CODE ST Distributor Own load category SAP CODE General Distributor Own load category SAP CODE Only General Distributor Own load and also SAP CODE As General Transporter General Distributor entering into SAP CODE Understanding with other distributors SC (Non-distributor) ST (Non-distributor) General Transporter We also confirm that we are not the cylinder handling / haulage contractor at BHAVNAGAR LPG Bottling Plant for which we are quoting in this tender. NOTE:

i. Bidders are advised to give category declaration mandatorily as given above and only one category should be selected by giving a tick mark (√) in the relevant box. Category once chosen by a bidder cannot be changed

after bid submission. ii. If a bidder claims exemption of EMD and does not upload the requisite documents, bid will be liable to be

rejected.

iii. If the bidder does not give category declaration in the Annexure-IV or the bidder is not eligible for the category declared, they shall be re-evaluated and categorized by IOCL based on the documents submitted in

the tender, which will be binding on the bidder.

(SIGNATURE OF THE BIDDER & RUBBER STAMP)

SUB: Transportation of Indane LPG Cylinders in vertical position on FIXED rate basis Ex-BHAVNAGAR-

LPG Bottling Plant. TENDER NUMBER : - GSO/LPG-O/EOI/05/2018/PACKED TRANSPORTATION

Full Name : ___________________________ Address : ___________________________

ANNEXURE-V

AFFIDAVIT FOR ATTACHED TRUCKS

(On a non judicial stamp paper of requisite value duly verified by Notary Public)

I, ________________________________son / daughter / wife of Shri_______________ __________________________aged____________resident of ___________________

_______________________________do hereby solemnly affirm and declare as under.

1. That Shri./Smt.________________________________Proprietor / partner of firm______________________________________________________________is my ____________( state relationship).

2. That I am the owner of the truck/ LCV No.____________________bearing engine

No.______________________________chassis No. _____________________make and

Model_________________________.

3. That I have attached the above mentioned truck/ LCV with

M/s_______________________________________ who is participating in the tender

floated by M/s Indian Oil Corporation Limited (Marketing Division) under operation with M/s

Indian Oil Corporation Limited (Marketing Division) till the validity of the contract awarded to

M/s__________________________________________.

4. I confirm that I am not the haulage contractor at the Plant where my trucks are being

attached.

5. That I have not attached the above mentioned truck/LCV with any other bidder.

6. That the subject truck/LCV is not involved in any legal litigation other than routine cases of

road accidents or any violation of Motor Vehicle Act.

7. That subject truck/LCV has not been blacklisted so far by any Oil Company.

DEPONENT

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and

belief. No part of it is false and nothing has been concealed therein.

DEPONENT

Verified at________________________on____________________

ANNEXURE-VI

UNDERTAKING FOR TRUCKS OFFERED

(On a non judicial stamp paper of requisite value duly verified by Notary Public)

We solemnly affirm and declare as under :

1. That the fleet offered under tender no._______________________________to M/s Indian Oil Corporation Limited (Marketing Division) is not under contract/ has not been withdrawn from any other contract with any other Oil Company or any region/ state office of M/s Indian Oil Corporation Limited as on the expected date of start of contract under this tender mentioned in the covering letter of this tender.

2. That the fleet offered under this tender to M/s Indian Oil Corporation Limited (Marketing Division) has not been offered to any Oil Company for their acceptance and the said offer is still open for acceptance at the time of submission of this tender.

3. That the Vehicles under reference are not attached with any other Transporter and have not been withdrawn without their written prior consent.

4. That the subject Vehicles are not involved in any legal litigation other than routine cases of road accidents or any violation of Motor Vehicles Act.

5. That we have not been black listed so far by any Oil company.

6. That at the sole discretion of the Corporation, the number/ utilization of trucks / LCVs offered/ accepted by the Corporation can be increased or decreased as per the requirement at the plant.

7. It is also confirmed that none of the Partners/Directors/Proprietor of this firm are retired as a Director from the services of the Corporation within last two years preceding from the closing date of the tender i.e. during _________ to __________( Closing date of tender).

8. It is also confirmed that none of the Partners /Directors / Proprietor has been convicted in criminal cases or blacklisted or action for termination of contract / withdrawal of LOI / Work Order have been taken for malpractices while undertaking transportation job, by any of the PSU Oil Companies.

I/We further confirm that in case, any of the information noted above or furnished in the tender document found to be untrue or incorrect at any stage i.e. at the time of evaluation of tender or after finalization of contract, Corporation shall have right to reject our tender and/or terminate the contract including termination of the contract and forfeiture of the Earnest Money/Security Deposit.

We also undertake that should there be any action against Corporation resulting in damages of whatsoever nature to Corporation on account of award of contract in our favour on the basis of misrepresentation, we shall keep the Corporation completely indemnified against all the losses/ damages, litigations, court actions etc.

SIGNATURE OF BIDDER WITH SEAL

Annexure-VII

DETAILS OF RELATIONSHIP WITH IOC’S DIRECTOR ETC.

Vendor should furnish following details in the appropriate part based on their organizational structure.

Organizational Structure Part of the form applicable

Sole Trader Part-A

Partnership Part-B

Company Private/ Public Ltd. Part-C

PART-A

(APPLICABLE WHERE TENDERER IS SOLE PROPRIETOR)

1. Name of Vendor

2. Office Address

Residence Address

3. State whether Vendor is related to any Director/(s)

of the Indian Oil Corporation Ltd.

Yes/No*

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

Strike out whichever is not applicable.

PLACE :

DATE :

PART-B

(APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)

1. Name of the Partnership firm responding to the tender

2.

Address

3.

Name of Partners

4.

State whether any of the partners is a Director to the Indian Oil Corporation Ltd.,

Yes/No*

5.

If ‘Yes’ to 4 state the name(s) of IOC’s Directors.

6.

State whether any of the partners is related to any of the Director(s) of the Indian Oil Corporation Ltd.

Yes/No*

7.

If ‘Yes’ to 6, state the name(s) of IOC’s Director and the concerned partner’s relationship with him/her.

Strike out whichever is not applicable.

PLACE :

DATE :

PART-C

( APPLICABLE WHERE THE TENDERER IS A LIMITED / PRIVATE LTD.CO.)

1. Name of the Company responding to the tender

2. Address of : a) Registered Office: b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co. or Public Ltd., Co.

4. Names of Directors of the Company

5. State whether any of the Directors of the Tenderers Company is a Director of Indian Oil Corporation Ltd.

Yes/No *

6. If ‘Yes’ to (5) state the name(s) of IOC’s Directors

7. State whether any of the Director of the Tenderer Company is related to any of the Director’s of the Indian Oil Corporation Ltd.

8. If ‘Yes’ to (7) state the name(s) of IOC’s Director and the concerned Director’s (of the Tenderer Co.) relationship with him/her.

Strike out whichever is not applicable.

PLACE :

DATE :

DECLARATION ‘D’

Tenderer is required to state whether they have employed any retired Director and above rank officer of Indian Oil

Corporation Limited in their firm. If so, details hereunder to be submitted :

1. Name of the Person : 2. Post last held in IOCL : 3. Date of retirement : 4. Date of employment in the firm :

TENDERER’S SIGNATURE & SEAL

DATE :

PLACE :

N.B.

1. A separate sheet may be attached, if the above is not sufficient. 2. Strike out whichever is not applicable. If the Tenderer employs any person subsequent to signing the

above declaration and the employee/s so appointed happens to be the near relatives of the Officer / Director of the Corporation / Central / State Governments, the tenderer should submit another declaration furnishing the name/s of such employee/s who is / are related to the officer/s of the Corporation / Central / State Governments.

ANNEXURE-VIII

SC/ST CERTIFICATE

A Bidder who claims to belong to one of the Scheduled Castes/Scheduled Tribes should submit in support of his claim a certificate issued within one year preceding the date of tender opening for the Packed LPG Transportation contract, in original, with a copy thereof, in the form given below, of the District in which his parents (or surviving parents) ordinarily resides 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 Bidder himself ordinarily resides otherwise than for the purpose of his own education. The following standard format is to used for the purpose.

The Form of the certificate to be produced by Scheduled Castes/ Scheduled Tribes candidates apply for appointment to posts under the Government of India.

1. This is to certify Shri / Shrimati / Kumari............................................................................. son / daughter* of.................................................................................................of village/ town*..............................in District/Division*..................................................................... of the State/Union Territory* of......................................................................belong to the .........................Caste/Tribes and his / her religion is............................................which is recognized as a Scheduled Castes / Scheduled Tribes 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 Reoraganisation Act, 1960. The Punjab Re-organisation Act, 1966, The Himachal Pradesh Act.1970, The North Eastern Area (Reorganisation) Act, 1971 and Scheduled Tribes Orders (Amendments) Acts, 1976.)

the Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956*

the Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1956*

the Constitution (Dadar and Nagar Haveli) Scheduled Castes Order, 1962*

the Constitution (Pondicherry) Scheduled Castes Order, 1964*

the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967*

the Constitution (Nagaland) Scheduled Tribes Order, 1970*

The Constitution (Sikkim) Scheduled Castes Order, 1978*

The Constitution (Sikkim) Scheduled Tribes Order, 1978*

2. Application in case of Scheduled Castes / Scheduled Tribes persons who have migrated from one State / U.T.:

The certificate is issued on the basis of the Scheduled Castes / Scheduled Tribes. Certificate issued to Shri / Smt*…………………………………….father / mother of Shri / Smt /Kumari*………………..in the District / Division………………………………….of the State / Union Territory* ………………………………..who belongs to the ……………………………….Caste / Tribe* in the State / Union Teriitory*………………………………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 ………………………………………

Place: ......................State / Union Territory. Signature :.....................................

Date :........................... Designation:..................................

(with seal of office) State/Union Territory*

*Please delete the words which are not applicable.

2 / 3 Delete the paragraph, which is not applicable.

Note: The term “Ordinarily reside(s)’ used here will have the same meaning as in Section 20 of the Representation of Peoples Act, 1950.

List of authorities empowered to issue Scheduled Caste / Scheduled Tribes Certificates:

1. District Magistrate / Additional District Magistrate / Collector / Deputy Commissioner Deputy Collector / Ist Class Stipendary Magistrate / City Magistrate / Sub - Divisional Magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistance Commissioner (Not below the rank of ist Class Stipendary Magistrate).

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

3. Revenue Officer not below the rank of Tehsildar.

4. Sub – Divisional officer of the area where the candidate and / or his family ordinarily resides.

5. Administrator / Secretary to the Administrator / Development Officer (Lakshadweep Islands).

ANNEXURE-IX

(ON A STAMP PAPER OF RIQUISITE VALUE & DULY NOTARISED)

GENERAL POWER OF ATTORNEY We, the undersigned 1.Sh .................................................. 2 Sh. ...............................................3. Sh............................................ all residing at.....................................................................................................................................the proprietor /partners/ Directors of M/s...........................................................................................having its registered office at................................................................................................................................... do hereby nominate, authorise and appoint Shri.............................................................. s/o…...................................r/o.................................................... who is to act as attorney of our firm M/s.......................................................................with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm. 1. To sign, seal, execute, perfect and/or complete the tender document of transportation of petroleum products and also other relevant documents required by M/s Indian Oil Corporation Limited (hereinafter called the Company) in respect thereof. 2. To negotiate, enter into correspondence with the Company and do all and everything necessary suitable or proper with regard to the said tender for transportation of petroleum products. 3. To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all and/or any other document, Indemnity Bond etc. required by the Company in connection with the said Transport Contract Agreement arising out of the said tender. 4. To do all acts, deeds, as may be necessary for and incidental to the execution of proper performance of the said Transport Contract Agreement with the IOC . I/We the said Proprietor/ Director / Partner 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 Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This power of Attorney shall remain irrevocable till the validity period of our quotation, Transport Contract Agreement/or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at …...............this...............day..............of.................two thousand...................... Signed , sealed & delivered by the within named Signatures 1. Shri................................................... Proprietor / Director / Partner 2. Shri................................................... Proprietor / Director / Partner 3. Shri................................................... Proprietor / Director / Partner Signature of the Tenderer with seal WITNESSES Accepted by NAME SIGNATURE (Signature of GPA Holder ) 1 . Before me 2. Notary 's Stamp Duly Notorised

ANNEXURE-X PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM

ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT 2006)” 1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006 (‘MSMED’) are applicable to us and our organization falls under the definition of : a. Micro Enterprise - ( ) b. Small Enterprise - ( ) c. Medium Enterprise - ( ) (Please put a tick in the appropriate box) 2. Copy of proof of valid document / certificate (indicating registration no.) of being a Micro / Small / Medium Enterprises are enclosed. Place : Signature of Authorized Signatory Date : Name : Designation : Seal : Note : In case above Format along with proof of valid document / certificate (indicating registration no.) is not submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

ANNEXURE-XI (On Non-Judicial Stamp Paper of requisite value)

(Tenderer shall enclose Declaration cum Undertaking/s to extend the services of their trucks to feed the requirement to other distributors with whom the tenderer has reached an understanding.

The total number of distributors entering into an arrangement is limited to two other distributors, i.e. Tenderer + Two other distributors

DECLARATION CUM UNDERTAKING BY THE DISTRIBUTOR WHO HAS REACHED

UNDERSTANDING WITH OTHER LPG DISTRIBUTORS FOR EXTENDING THE

PACKED TRUCK SERVICES FOR THEIR SUPPLIES

I/ We ______________________________ S/O Shri________________________ resident of _____________________________ do hereby solemnly affirm and declare as under:

1. I/ We _________________________________________ proprietor / partner / Director of M/s

_________________________ LPG Distributor of IOC located at __________________

supplies to which is being fed ex- -----------------.

2. I/ We, along with the following other LPG Distributors have entered into arrangement or

understanding with following distributors :

This arrangement shall be valid for entire contract period of transport contract.

S.N. Name of LPG Distributor Vendor Code Location / Market ( Distributorship)

(i)

(ii)

2. That M/s ______________________________ LPG distributor located at ______________ is owning _____no. of Trucks which has/have been offered to IOCL for transportation work ex- ------------------------- for own supplies.

3. That, in case M/s ___________________________ (bidder) is awarded contract for the transportation work by IOC, supplies to our above mentioned LPG distributorship shall be executed thru their trucks besides their own supplies.

4. I/ We shall not demand supplies to our aforesaid distributorships thru any other trucks during the period of this contract. In case of any exigency, we shall give proper intimation for arrangement of supplies in any other truck temporarily which may be permitted at its sole discretion of IOC subject to any other condition prescribed by IOC.

Place:

Date: Signature___________________

Name of Person signing___________________ Name of LPG Distributor- 1 with address & seal______

Signature___________________ Name of Person signing___________________ Name of LPG Distributor-2 with address & seal______

Signature___________________ Name of Person signing___________________ Name of LPG Distributor-3 with address & seal______

ANNEXURE – XII

PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

In the case of a Proprietary Concern:

I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s

__________________which is submitting the accompanying Bid/Tender nor any other concern in which I am proprietor nor any partnership firm in which I am involved as a Partner, are presently or have during the past

three years, been placed on any black list or holiday list declared by Indian Oil Corporation Ltd. Or by any department of any Government(State, Provincial, Federal or Central) or by any Public Sector Organization in

India or in any other country nor is there pending any inquiry by Indian Oil Corporation Ltd. Or any Department

of the Government or by any Public Sector Organization in Indian or in any other country in respect of any corrupt or fraudulent practice(s) against me or any other or my proprietorship concern(s) or against any

partnership firm(s) in which I am or was at the relevant time involved as a partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing, an/or inequiry and in absence thereof of state “NIL”)

In the case of a Partnership Firm:

We hereby declare that neither we, M/s ________________________,submitting the accompanying Bid/Tender

nor any partner involved in the said firm either in his individual capacity or as proprietor or partner of any other firm or concern presently are or within the past three years have been or has been placed on any blacklist or

holiday list declared by Indian Oil Corporation Ltd. Or by any department of Government (State, Provincial,

Federal or Central) or by any Public Sector Organization in India or in any other country nor there is any pending inquiry by Indian Oil Corporation Ltd. Or bby any Department of any Government(State, Provincial, Federal or

Central) or by any Public Sector Organization in India or in any other country, in respect of corrupt or fraudulence practice(s) against us or any partner or any partner or any other concern or firm of which he is

proprietor or partner,except as indicated below:

(Here give particulars of blacklisting or holiday listing and/or inquiry and in the absence thereof state “NIL”).

In the case of Company:

We hereby declare that neither we or a parent, subsidiary or other company under direct or indirect common

parent(associate company) are presently nor have within the past three years been placed on any holiday list or

black list declared by Indian Oil Corporation Ltd. Or by any Department of any Government (State, Provincial, Federal or Central)or by any Public Sector Organization in India or in any other Country: and that there is no

pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any Government(State, Provincial, Federal or Central) or any Public Sector Organization in any country against us or a parent or subsidiary or

associate company as aforesaid in India or in any other country, in respect of corrupt or fraudulent

practice(s),except as indicated below:

(Here give particulars of black listing or holiday listing and/or inquiry and in the absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd. Shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable to be

terminated without prejudice to any other right or remedy (including black listing or holiday listing) available to

Indian Oil Corporation Ltd.

Place Signature of Bidder with Seal

Date Name of Signatory

ANNEXURE-XIII

Covering Letter required to be signed and submitted by the bidder

(For tenders having estimated value more than Rs. 10 Crore) Ref :

Dated: To,

IndianOil Corporation Limited ------------------------------------------------- --------------------------------------------- Sub: Submission of Offer for Tender no. for The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the MOU with Transparency International India for the adoption of the Integrity Pact Program and stands committed to following the principles thereof as enumerated in the Integrity Agreement enclosed with the tender document. The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part of tender documents, failing which the bidder will stand disqualified from the tendering process. The Bidder acknowledges that the Bid would be kept open in its original form without variation or modification for a period of days (state the number of days from the last date for the receipt of tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit and further agrees that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when bid is finally accepted by IOCL. The Bidder acknowledges and accepts the duration of the Integrity Agreement, which shall be in line with Article 8 of the enclosed Integrity Agreement.

Bidder acknowledges that in the event of Bidder‟s failure to sign and accept the

Integrity Agreement, while submitting the Bid, IOCL shall have unqualified, absolute and unfettered right to disqualify the bidder and reject the Bid in accordance with the terms and conditions of the tender. Yours faithfully (Duly authorized Signatory of the Bidder) (Note - One copy of this letter along with the Integrity Agreement duly signed must be

returned alongwith offer).

INTEGRITY AGREEMENT ( For contracts above Rs. 10 Crores )

To be executed on plain paper and submitted along with Technical Bid/Tender documents for tenders having a value of 10 crores or more. To be signed by the bidder and same signatory competent/authorised to sign the relevant contract on behalf of IOCL. ( Marketing Division)

INTEGRITY AGREEMENT This Integrity Agreement is made at __________ on this ______ day of _____________ BETWEEN Indian Oil Corporation Limited, a company duly incorporated and validly existing under the provisions of Companies Act, 1956 and having its registered office at Indian Oil Bhavan, 9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400051 (hereinafter referred as the ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) And …………….(name and address of the Individual/firm/Company/consortium members through _____(mention details of duly authorized signatory) hereinafter referred to as the “Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns. Preamble WHEREAS the Principal/Owner has floated a tender (Tender No. : ) (hereinafter referred to as “Tender”) and intends to award, under laid down organizational procedures, contract/s purchase order/work order for …………..(name of contract/order) or items covered under the tender hereinafter referred to as the “Contract”. AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s). AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed Independent External Monitors (IEM), to monitor the Tender process and the execution of the Contract for compliance with the principles as laid down in this Agreement. AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the Tender documents and Contract between the parties. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesseth as under:

Tender no. :_ GSO/LPG-O/EOI/05/2018/PACKED TRANSPORATION

Article 1: Commitment of the Principal/Owner 1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and

to observe the following principles:

a) No employee of the Principal/ Owner, personally or through any of his/her family members, will, in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and

reason. The Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential I additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution.

c) The Principal/Owner shall endeavour to exclude from the Tender process any person,

whose conduct in the past has been of biased nature. 2) If the Principal/Owner obtains information on the conduct of any of its employees which is a

criminal offence under the Indian Penal Code (IPC) /Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures.

Article 2-Commitments of the Bidder(s)/Contractor(s)

1) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution:

a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract.

b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process.

c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.

Further the Bidder(s)/Contractor(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or document provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder(S)/Contractor(s) of foreign origin shall disclose the names and addresses of

agents/representatives in India, if any. Similarly Bidder(S)/Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participates in a tender on behalf of one manufacturer, he would not be allowed to quote on behalf of another manufacturer along with the first manufacturer in a subsequent/ parallel tender for the same item. Copy of CVC guidelines dated 21/4/2004 is annexed hereto as Annexure A.

e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as per proforma enclosed) any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

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

Article 3. Disqualification from Tender Process and exclusion from future contracts

1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner is entitled to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate the Contract, if already executed or exclude the Bidder/ Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday listing of the Principal/Owner.

2. The Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right to resort to and impose such exclusion.

3. Apart from the above, the Principal/Owner may take action for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner.

Article 4-Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(/Contractor(s):

1) Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated the Contract or has accrued the right to terminate the Contract according to Article 3, the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the Earnest Money Deposit/ Bid-Security amount of the Bidder/Contractor.

2) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or

Contractor , or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of PC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform the same to the Chief Vigilance Officer.

Article 5- Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other

Company in any country confirming to the anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the Tender process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

Tender process or action can be taken for banning of business dealings/ holiday listing of the Bidder/ Contractor as deemed fit by the Principal/ Owner.

3) If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by him

and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion as per laid down organizational procedures, revoke the exclusion prematurely.

Article 6- Equal Treatment of all Bidders/Contractors/Subcontractors

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

conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/Pact by any of its Sub-contractors,/ sub-vendors.

2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and

Contractors. 3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between

the Principal/Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process.

Article 7-Independent External Monitor (IEM)

1) The Principal/Owner has appointed competent and credible Independent External Monitor(s) (IEM) for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.

2) The IEM is not subject to instructions by the representatives of the parties and performs his

functions neutrally and independently. He reports to the Chairman, Indian Oil Corporation Limited.

3) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access, without restriction, to all Project documentation of the Principal/Owner including that provided by the Contractor. The Contractor will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his or any of his Sub-Contractor’s project documentation. . The IEM is under contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4) In case of tenders having estimated value of Rs 150 Crores or more, the Principal/Owner will provide to the IEM sufficient information about all the meetings among the parties related to the Project and shall keep the IEM apprised of all the developments in the Tender Process.

5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will so inform the

Management of the Principal/Owner and request the Management to discontinue or take corrective action, or to take other relevant action. The IEM can in this regard submit non-binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6) The IEM will submit a written report to the Chairman, Indian Oil Corporation Limited within 6 to

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

7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited a substantiated

suspicion of an offence under the relevant IPC/PC Act, and the Chairman, IOCL has not, within reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit the information directly to he Central Vigilance Commissioner.

8) The word “IEM” would include both singular and plural.

Article 8- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months after the completion of work under the Contract or till the continuation of defect liability period, whichever is more and for all other Bidders, till the Contract has been awarded. If any claim is made/lodged during the 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 the Chairman, IOCL.

Article 9-Other Provisions

1) This Pact is subject to Indian law, place of performance and jurisdiction is the Head Office/Head quarters of the Division of the Principal/Owner, who has floated the Tender.

2) Changes and supplements need to be made in writing. Side agreements have not been made.

3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners and consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

5) Any dispute or difference arising between the parties with regard to the terms of this Agreement/Pact, any action taken by the Owner/Principal in accordance with this Agreement/ Pact or interpretation thereof shall not be subject to arbitration.

Article 10- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this Pact will have precedence over the Tender/Contract documents with regard any of the provisions covered under this Pact.

IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date first above mentioned in the presence of following witnesses: _________________________ (For and on behalf of Principal/Owner) __________________________ (For and on behalf of Bidder/Contractor)

WITNESSES:

1.______________ (signature, name and address) ______________

2.________________ (signature, name and address) ________________

Note: In case of Purchase Orders wherein formal agreements are not signed references to witnesses may be deleted from the last part of the Agreement.

ANNEXURE - XIV

Format for giving consent & Bank Details.

(Details to be provided on Vendors Letter Head)

Date : ___________

M/s. Indian Oil Corporation Limited,

(Address of State Office) Dear Sir, We hereby agree to accept the payments of all our bills through NEFT/ RTGS / Internet. The desired bank details are given below:

Please attach a blank cancelled cheque or photocopy of a cheque issued by your bank relating to your above account for verifying the accuracy of the account. I hereby declare that the particulars given above are correct & complete.

Signature and seal of Bidder

1. Beneficiary Name

2. PAN No.

3. Vendor Code / Employee PF No

4. Name of Bank (to which payment is to be sent)

5. Branch Name

6. Address of the Branch

7. STD Code & Telephone no of the branch

8. Branch Code

9.

9 digit code of the bank & branch as appearing on the MICR Cheque. (Please ensure that the MICR Code should not start with ZERO) Copy of a cancelled cheque must be enclosed)

10. Bank account number (as appearing on the cheque book)

11. Account type (SB/CA/CC)

12. Branch IFSC Code

13. E-mail address of the vendor

14. Mobile Number of the Bidder

Annexure-XV

LIST OF TRUCKS TO BE SUBMITTED BY MSE REGISTERED PARTIES ON LETTER-HEAD

Sl.No. Truck Registration No. Amount of investment ( in Lakhs)

Date of Investment

1

2

3

…

….

Place: Date:

Signature____________________ Name of Person signing___________________

Tenderer's Name and address with seal___________________

INDIAN OIL CORPORATION LIMITED

(Marketing Division)

12- LPG CYLINDER ROAD TRANSPORT CONTRACT AGREEMENT

Memorandum of Agreement made...........................day of two Thousand and ...................between INDIAN OIL CORPORATION LIMITED a company registered under the Indian Companies Act, 1956 and having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai - 400 051, hereinafter called "the Corporation" (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns ) of the ONE PART and ** _____________, son/daughter/wife of _________ residing at _______ carrying on business as Sole Proprietor under the name and style of _______________ and having its office at ________ hereinafter referred to as "THE TRANSPORTER" (which expression shall unless excluded by or repugnant to the context mean and include his/her heirs, executors and administrators)

OR

** _____________, son/daughter/wife of _________ residing at _______; _____________, son/daughter/wife of _________ residing at _______ and _____________ son/daughter/wife of _________ residing at _______ carrying on business in co-partnership under the name and style of _______ ________ and having its office at _______hereinafter referred to as "THE TRANSPORTER" (which expression shall unless excluded by or repugnant to the context mean and include the present members of the said firm or any other member or members of the said firm inducted with the consent of the company and the legal heirs, executors, administrators of any deceased partner and)

OR

** ___________________ Limited, a company or co-operative society incorporated under the applicable laws of India and having its registered office at ________ hereinafter referred to as "THE TRANSPORTER" (which expression shall unless excluded by or repugnant to the context mean and include its successors) (** Strike out whichever is not applicable) of the OTHER PART. Whereas the Transporter is desirous of operating Trucks / LCVs for effecting delivery of

petroleum products (LPG Cylinders) of the Corporation and whereas the Corporation has agreed to appoint the Transporter/s as Transporter/s upon the terms and conditions hereinafter recorded. Now this agreement witnessed and it is hereby agreed by and between the parties hereto as follows:

Definitions: In this agreement the following expression shall have the meaning assigned to them: i) ‘LPG” shall mean Liquefied Petroleum Gas conforming to IS: 4576 ii) Truck iii) “CCE”, “CCOE” means the Chief Controller of Explosives, Government of India. iv) ‘IOC” “IOCL”, ‘Corporation” means in the appropriate context Indian Oil Corporation Limited, a

Company registered under Indian Companies Act, 1956 and having its registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai 400051 and it includes its successors and assigns.

TENDER NO. GSO/LPG-O/EOI/05/2018/PACKED TRANSPORATION

A. Operations:

1. That the Transporter as Owner and Operator of ……Nos …….Capacity of Trucks and ……..Nos

…………Capacity, LCVs (Diesel driven) shall provide same by .................(Date) and will maintain the same in good working condition / order for the period of the contract. The Transporter shall not undertake any change in respect thereof throughout the contract period without obtaining the prior written consent of the Corporation. Trucks/ LCVs offered should be in excellent running condition and should have fitness certificate from RTO valid during the contract period.

2. The Transporter/s shall get the said trucks/ LCVs to conform to design and fitting and caging as specified by the Corporation.

3. The Transporter will provide all the equipment and adequate manpower required for

carrying out the work assigned to them as detailed in the agreement. The job specifically includes loading, unloading and vertical stacking / destacking of filled and empty cylinders at the destination/s including Distributor's Godown, Cylinder Manufacturers and Repairers etc.

4. If the Transporter fails to carry out loading/ unloading vertical stacking / destacking

at the Distributor's godown/s / repairers premises the actual amount incurred by the Distributor/ repairer for this work, as certified by the concerned Distributor/ repairer shall be debited to the Transporter.

5. The loading/ unloading of trucks/ LCVs at the supply point/ bottling plant will be done by

labourers arranged by Transporter / engaged by Haulage Transporter for that purpose. The Transporters shall not raise any claim whatsoever on the ground of delay in such loading/unloading on account of any strike/lockout by the labourers /Transporter engaged for the purpose.

6. Trucks/ LCVs provided for transportation of cylinders should preferably be registered in the State

in which the Bottling Plant is located and should preferably be covered by ZONAL PERMIT at Transporter's cost. Transporter/s should ensure that such permit is available with trucks/ LCVs driver at all times during operation of trucks/ LCVs and during contract period. In case, sufficient numbers of trucks for this specific requirement is not available, the transporter, as directed by the Corporation, shall arrange to change the Registration numbers of trucks at their own cost within one month of such directive. Failure to do so would be treated as breach of contract and action as per the terms and conditions would be taken.

7. Compliance of all Government Rules and Regulations regarding transportation of petroleum products and route permit etc. will be the responsibility of the Transporter and payment of fines for non-compliance of any such Rules shall be borne by the Transporter. The Transporter shall also comply with the provisions of Petroleum Act 1934 or any amendment made thereto from time to time and rules made thereunder affecting the construction and operation of the trucks/ LCVs and shall obtain certificate from the Chief Controller of Explosives or any appropriate Government Authority to the effect that the vehicle is fit for transportation of the said products. The Transporter shall also carry out, fulfill and implement all directions that may be issued by the Corporation or its authorised representative relating to loading or unloading, transport operation and delivery of the petroleum products in the trucks/ LCVs and any violation, breach or default of the Agreement entitling the Corporation to terminate the same forthwith without prejudice to the Corporation/s all other rights.

8. This Agreement shall remain in force for a period of (FIVE YEARS) from ............................ to.............................. .The contract is awarded for total five years, initially for first three years and extendable for two more years at an interval of one year each at the same terms and conditions, from date of start of contract as mentioned in work order, at the sole discretion of the Corporation, unless otherwise specified/ agreed. In case due to unavoidable circumstances, finalization of fresh contract for transportation of LPG cylinders gets delayed, the contractor shall have to submit consent for continuation of work at the same rates, terms and conditions. However, the Corporation reserves the right to terminate this contract at any time before the expiry of the period of the contract by giving the Transporter's one month's notice in writing without assigning any reason whatsoever.

After completion of 3rd year escalation in rates of 5.0% for 4th Year and 5.0% for 5th Year on the non-fuel component of the rate (the finalized rate less the corresponding HSD component) of the finalized rate shall be considered.

9. The Corporation shall pay to the Transporter for the operation of the said trucks/ LCVs at the

rates specified in Schedule of rates as specified in the Work Order. Payment shall be rendered to the contractor in electronic mode (e-payment) through any designated banks. The contractor will comply by furnishing full particulars of Bank account (mandate) to which the payments will be routed. The Corporation reserves the right to make payment in any alternate mode also.

10. It is distinctly understood and agreed to by the Transporter that only as and when occasion arises the Corporation will entrust to him any of the work specified in schedule hereto and under no circumstances will the Transporter be entitled to demand that any particular item be entrusted to him of claim, any compensation from the Corporation on the ground that no work or insufficient work was entrusted to him or for any reason whatsoever.

11. The Transporter shall submit the bills to the Corporation within 15 days of the date of

operation and in the form prescribed by the Corporation with all supporting documents for payment to the Plant Manager to which the Transporter is/are attached. Bills received two (2) months after the date of operation shall not be entertained, unless satisfactory explanation is given by the Transporter for delay. In the event of the Corporation making any adhoc or interim payment to the Transporter, the same will not be considered as admission of any liability of the Corporation and will be without prejudice to the Corporation's rights.

12. The Transporter agree / agrees to transport, occasionally, boxes of LPG Pressure Regulators/Stationery Cartons as and when asked for by the Corporation. The Transporter further also agree to transport defective PRs from the Distributor to the plant, along with the cylinder load as and when required by the Corporation. The defective PRs shall be packed by the Distributor in gunny bags and shall be jointly sealed and signed by the Distributor’s representative & Transporter’s representative before handing over the same to the transporter. For all these activities, no extra payment shall be made by the Corporation.

13. The Transporter shall bear and pay the entire operation cost of the trucks/ LCVs, which include and be deemed always to include the followings:

a. Provision for the driver, cleaner and also necessary relief’s including their salary and

other emoluments. b. All loading/unloading charges both at Plant and at Distributors’ ends. c. Cost of the fuel and lubricating oil necessary d. Maintenance and repairs of the trucks/ LCVs

e. Road Tax, Route Permit fee, Toll Tax, Vehicle Tax and other taxes in relation to the

truck(s) / LCVs f. Insurance for vehicle and cargo (Cylinders as well as product, wherever applicable) g. All other charges not specified herein relating to the operations and/or maintenance of

the said truck(s)/ LCVs and/or other items incidental thereto and/or connected therewith

h. All idling charges, loss by delay in transport, transit, road stoppage; delay in the time consumed in loading or unloading or products or otherwise, howsoever on account of operations hereunder.

The above list is illustrative and not exhaustive & complete. NOTE:

The existing Toll / Entry / Transit / Statutory taxes as on the closing date of the tender will not

be reimbursed. Any new Toll or increase in existing toll / Entry / Transit / Statutory taxes introduced / implemented after closing of the tender will be reimbursed subject to production of original receipt of payment along with transportation bills (in case of thermal paper receipts , original receipts as well as self attested photocopy to be submitted). The above reimbursement will not be applicable to enhancement of any existing taxes, which are required to be borne by the transporter only. Similarly, if any toll gates gets closed or toll rates gets reduced during the period of contract , which were in effect before closing date of tender then such toll charges will be recovered from the transportation bill of the bidders. Corporation’s decision whether any charge is reimbursable or not would be binding on the transporter. However, responsibility of informing the concerned location in-charge in writing along with requisite Gazette of any new toll / increase in existing toll / closing of any toll gates after closing date of tender lies on the transporters. If the information is not furnished to concerned location in charge of supply location in due time then reimbursement for that period will not be made by Corporation to the transporters claiming such charges in toll. However, recovery will be made in case closure of toll gates from the gazette notice.

14. That the Transporter shall be liable for any loss or damage to the Corporation's

employees, the Transporter employees or to any third party resulting from fire, leakage, negligence, explosion, accident or any other cause in operating the said truck(s)/LCVs at the time of loading, unloading and/or during transit and the Transporter shall indemnify and keep indemnified the Corporation against any such loss or damage and shall pay to the Corporation such amount as the Corporation may be called upon by law to pay.

The Transporter shall remain at all times, liable and responsible to the Corporation for any loss or damage caused to any building, plant or machinery or the property of the Corporation by any carelessness, negligence, inexperience or willful default of the Transporter or his/their Agent/s or

by the respective employee of any of which the Corporation alone shall be the sole Judge. The Corporation shall be at liberty to debit any cost of repair or loss or damage to the account of Transporter.

15. That the Transporter will make good to the Corporation any losses arising from:

a) the confiscation by Government or local authorities of any quantities of the said products delivered to the Transporter for transporting and

b) loading, unloading or in transit for reasons other than the acts of God, riots or civil commotion.

The liability of proving, that any loss or damage caused by any accident of fire resulting from the acts of God is solely upon the Transporter. The Corporation will also be entitled to compute the amount of loss suffered by the Corporation and entitled to the reimbursement from the Transporter under these provisions and the decisions and determination by the Corporation or its authorized representation as the reasons for such loss or as to the existence of any acts or events such as riots, Civil commotion or acts of God shall be final and binding on the Transporter and shall not be questioned in any Court of Law or arbitration or otherwise and the Transporter both do hereby irrevocably authorize Corporation to set off and adjust such loss or damage against the amount of security paid by the Transporter to the Corporation and from pending bills of the Transporter in the event of shortfall therein, the Transporter shall immediately upon a certification by the Corporation pay the same to the Corporation without demur or objection.

16. The Transporter agrees to employ competent and efficient employees and operator to ensure that deliveries are correctly and safely effected at destinations. Any consequent loss during the course of transit or for any other reason whatsoever shall be made good by the Transporter. Transporter’s employees and representatives inside the Corporation's installations/Depots should conform to the Corporation's working rules.

17. That the Transporter is totally responsible for delivering the correct quality

and quantity of the product and cylinders with completes fittings as per invoice at the destination specified. The Transporter driver/s should satisfy himself/ themselves regarding sealing of the cylinders and quality and quantity. In the event of any loss of product/cylinders and fittings etc. recorded at the destination, the cost of such shortages would be debited either to the Transporter bills if any with the Corporation or shall be made good directly by the Transporter or will be adjusted against any deposit or other amount payable to the Transporter under any other contract.

18. It is specifically agreed between the Corporation and the Transporter that in case of losses arisen

whereby the material, viz. LPG cylinders / Pressure Regulators etc have been lost or damaged under the transportation of the said material, the recovery of the value of the lost material will be made from the Transporter. As per the decision taken in this regard, the rates applicable for recovery will be as per the Indane Equipment Penal Rates in-force on the day of loss or damage caused to the said material. The following EQUIPMENT Penal Charges as applicable currently is reproduced hereunder:

EQUIPMENT penal charges/unit cost – i. LOSS/DAMAGED/SPURIOUS FOR OMC CYLS. PENAL RATES CYLS. 5.0 kg cyl. Rs. 700 Rs. 350/- 14.2 kg. cyl. Rs. 2300 Rs. 1750/- 19.0 kg cyl. Rs. 2550 Rs. 1700/- With SC Valve 19.0 kg cyl. Rs. 4800 Rs. 3200/- With LOT Valve 47.5 kg cyl. Rs. 6450 Rs. 4300/- With SC Valve 47.5 kg cyl. Rs. 8700 Rs. 5800/- With LOT Valve ii. LPG Cylinder Valve (SC-Type) Rs. 200/- iii. LPG Cylinder Valve (LOT -Type) Rs. 2250/- iv. Security Cap with wire spring and nylon chord for new self closing valves (material ABS or equivalent) Rs. 2/- v. Click on type Domestic Pressure Regulator Rs. 250/- (for new self closing valve)

vi. Poly Propylene Plug new type Rs. 5/- vii. Stationery – As advised by the Corporation viii. LPG product: Ruling rates applicable for Non-Essential Customers

The aforesaid amount or such other amount as may be intimated by the Corporation in replacement or substitution of the amount stated above will be recoverable as liquidated damage for the loss or damage to the cylinders and/or other equipment and the Transporter(s) shall pay the same within 30 days from the demand made by the Corporation. On the failure on the part of the Transporter to do so, Corporation will be at liberty to deduct such amount from any amount payable by the Corporation to the Transporter either under this Agreement or otherwise.

Note : As and when the Indane Equipment Penal Charges are amended or modified, during the subsistence of this Contract, the Transporter will be informed in writing about the rates applicable on account of such amendments or modification. Failure to notify such amendments or notifications by the Corporation will not be a ground so as to vitiate any terms and conditions of this contract.

19. That the Transporter agrees to make delivery in all instance within a reasonable time and will not permit his truck/ LCVs to be off the road for any unreasonable period and will not hold up deliveries for any cause. The Transporter shall also be responsible for safe conduct of supplies transit.

20. The Transporter shall not have exclusive right to operate truck(s)/ LCVs at the Plant/Refinery and the Corporation will be at liberty to appoint one or more additional Transporters either to run concurrently with the Transporter separately. Corporation reserves the right to induct one or more additional trucks as per their revised requirement for a plant as per its policy.

21. That the rates specified in the Schedule of Rates in the Work Order or any Substituted Schedule as provided herein will apply under all road and weather conditions and the Transporter will not be entitled to any extra allowance/rate.

22. That the Corporation will be entitled to require the Transporter allow the use of the said trucks/ LCVs on return trip as well as to points falling enroute while reaching depot or supply point from where the original supply had emanated without any extra payment for transportation to the Transporter. In the event of any precaution for safety reason or for preventing contamination of the product, the Corporation will be entitled to request the Transporter to clean and maintain the

trucks/ LCVs in any particular manner without any extra payment or compensation of any nature whatsoever thereof.

23. That the Transporter will have a insurance policy at his cost from any Insurance Company

recognized under Central Motor Vehicles Act for each vehicle including cargo (cylinders as well as product) wherever applicable as specified under Security Deposit clause and keep such policy in

force at all times to cover all risk of whatsoever nature inclusive of any damage caused by the LPG Truck's/ LCVs to the Corporation's/ Public property/person/s etc. The Transporter will produce for the perusal of the Corporation the original insurance policy and proof of payment of all insurance premium and charges in respect thereof as and when demanded by the Corporation.

24. That the Transporter shall deposit a sum of Rs....................................................... (Rs.......................................only) with the Corporation to be held as security which will bear no interest for the due performance of this contract and observance of all conditions thereof. It shall be lawful for the Corporation to adjust from all pending or future bills and also to appropriate the entire deposit or any part thereof against losses, damages, costs, charges or expenses arising out of the Transporter failure or negligence to observe any of the terms and conditions of this contract. This is without prejudice to the other remedies available to the Corporation.

25. The Transporter shall be responsible for and shall pay any compensation to his workmen payable under the Workmen's Compensation Act, 1923 and the amendments thereto for the injuries caused to his workmen. The Transporter shall be responsible for and pay expenses for providing medical treatment to any of his workmen, who may suffer any bodily injury as a result of any accident. In every case in which by virtue of the provision of Section 12 Sub section 1 of workmen's Compensation Act 1923 the Corporation is obliged to pay compensation to workmen employed by the Transporter in execution of the works, the Corporation will recover from the Transporter the amount of the compensation so paid, and without prejudice to the rights of the Corporation under Section 12, Sub-section (2) of the said Act. The Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due from the Corporation to the Transporters whether under this Contract or otherwise. The Corporation 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 Transporter and upon his/their giving to the Corporation full Security for all costs for which the Corporation might become liable in consequence of contesting such claim.

26. The Transporter shall be liable for all payment to his/ their staff employed for the performance

or carrying out of the said work and in respect of all claims and liabilities of the Transporter business and the Corporation shall in no event be liable or responsible for any payment and the Transporter shall keep the Corporation indemnified against the same and from all proceedings in respect thereof.

27. The Transporter shall duly comply the Provident Fund Scheme/ESI to the staff employed by

him/ them, if so, required by law, as envisaged by the provisions of the Employees Provident Fund/ESI Act.

28. The Transporter/s shall duly comply with the Contributory Scheme for the employees under

him/them, if so required by law, as envisaged by the provisions of the Employee’s State Insurance Act, 1948.

29. The Transporter shall observe and implement all the laws of the land, Statutory provisions related to his trade/ business/ profession including his own employees including maintenance of all Statutory records pertaining to his employees and that the Corporation shall, in no event, be liable or responsible for any default that will arise out of non-compliance of such Law/s, Rule/s, Statutory provisions on the part of the Transporter and that the Transporter shall indemnify and keep indemnified the Corporation against the same and from all proceedings in respect thereof.

30. It will be incumbent on the part of the Transporters to ensure that all the requirements as laid

down by the Central Motor Vehicles Rules 1989 as amended from time to time are complied with. The transporter agrees to abide by the payment of wages act and other labour regulations in force in the area where he/they is/are plying the trucks/LCVs.

31. The Transporter shall not be entitled to assign, subrogate, subject or part with his/their right title and interest under this contract for any reason whatsoever, or change the ownership of the truck(s)/ LCVs. The Transporter shall not cause or allow any change in the constitution of its firm without obtaining the prior written consent of the Corporation. Maximum six months prior to expiry of contract / extended-contract may be allowed for the transporters for transfer of ownership to other party. In this case, the original transporter having contract with IOC shall taken advanced permission from IOC and shall submit affidavit(s) for attachment of such trucks with them for the remaining period, taking full responsibility.

32. The Transporter agree/agrees that the event of there being any failure or neglect on the part of the Transporter to provide the LPG Truck(s)/ LCVs laying off or lack of utilisation of the LPG Truck(s)/ LCVs by accident or break down or any other reason which may affect the use thereof by the Corporation, the Corporation shall be entitled to claim such damages, loss and expenses and other amounts as the Corporation may have suffered or may suffer on account or by reason of the Transporter delay, neglect or default with or without rescinding the contract.

33. The Transporter will ensure that specified INDIAN OIL LOGO, Safety Instructions and colour-

scheme etc. are painted/pasted/stenciled on the body of the truck(s)/ LCVs as prescribed by the Corporation and also comply all the instructions as directed by the Corporation from time to time, including Notices regarding Classification of Cargo in accordance with the Central Motor Vehicle Act, 1988, and all amendments thereto.

The Transporter shall ensure that the class labels and Emergency Information Panels and other requirements as specified under CMVR are provided on the truck/ LCV.

34. Transporter may be required to carry SPLIT-LOADS in same market for which no additional

payment shall be made.

35. Safety Sign Boards as and when supplied by Corporation /at Transporter/s cost shall have to be displayed on the outer body of the Trucks / LCVs at places advised by the Corporation.

36. It is essential that the Transporter get the names, photographs, addresses, designation, authorised signatures and seals of their authorized representatives duly registered in advance with the Corporation at the supply point/s after verification of antecedents by police dept. Similar details are to be furnished for truck/ LCV crew and labourer/s engaged for loading/unloading. Any change in the nominations of the authorized representatives/crew/labourers by the Transporter should be registered in advance with the Corporation. All authorised representatives/ truck crew/ LCV crew /labourers shall be issued Identity Cards free of cost by Corporation. However, in the event of loss of Identity Card a fine of Rs. 100/- will be charged for issue of each duplicate Identity Card. Issue of such Identity Cards will not make the Corporation liable for any action of such representatives/ crew/ labourers nor exempt the Transporter for his/their liabilities under the law.

37. That the Compliance of all Government Rules and Regulations regarding employment and

working conditions of personnel, including various statutory facilities shall be provided by the Transporter. The Transporter will be responsible for any fines for non-compliance of any such rules. The Transporter shall comply with all statutory provisions relating to his trade/business/profession including his own employees or employee engaged by the Transporter and corporation shall not be responsible for his omission or commission. The Transporter/s shall maintain all record as required under the Factories Act, Payment of Wages Act, Workman’s Compensation Act, Employee’s State Insurance Act and Employee’s Provident Fund Act or any other act in force at that time. The records will be open for inspection by the Corporation’s representatives as and when required.

38. The Transporter is/are required to transport LPG Cylinders in vertical position only. The Corporation reserves the right to accept or reject the facilities provided by the Transporter, and the Transporter will be bound to abide by the Corporation/s directives for safe storage. No extra payment will be made to the Transporters for providing/modifying such facilities. A typical storage plan is shown in the diagram. The essential objective of safe storage of LPG cylinders is to ensure, that the Cylinders will remain stable in transit and will not roll or topple over or collide with each other. Trucks should be caged as per standard design enclosed. Cost of caging will be entirely borne by the Transporter for both trucks/ LCVs.

39. It is envisaged to introduce palletisation in LPG Cylinders Transportation in future. The Pallets will be provided by the Corporation. The Transporter may be required to provide facilities on the truck(s) / LCVs for loading/unloading/storage of the Pallets at his/their/cost. The Corporation, at its sole discretion, may consider suitable compensations to the Transporter in this context.

40. Normally, all trucks/ LCVs will be loaded to full capacity, a full truck/ LCV load will be

determined in each case considering actual vertical (or Palletized) storage, as the case may be subject to compliance of statutory requirements, particularly those specified in the Gas Cylinder Rules 1981, Motor Vehicle Rules (for the particular States Routes) on restriction of Axle load and/or length and certified carrying capacity of each truck/ LCV.

41. Movement of filled & empty cylinders would normally take place in full truck/ LCV loads. The applicable rates are as follows:

For filled cylinder movement – 60% of the finalized rates For empty cylinder movement – 40% of the finalized rates.

Number of empty cylinders on the return trip, may at times fall short of a full load. In

such a case, Rate would apply upto the actual number of such filled cylinders against which equivalent empties have also been transported and for the balance number of cylinders (filled) against which empty cylinders have not been carried on return trip only, One way filled rate would apply

For example:

If filled cylinders transported — 306 and empty cylinder brought were say — 200 Then transportation payment would be made at the composite rate for 200 cylinder and for the balance 106 filled cylinders, one way filled rate would be applicable.

LOSS :

42. No allowance will be made for loss of gas from the cylinders in transit. The Transporter will collect only correctly filled and sealed cylinders with neck lebels / stickers ( as the case may be) attached and deliver the same in intact condition.

43. If any filled cylinder returned by distributor in same load is found to be without seal / seal-tampered and

a) Partially empty, the value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant.

b) Partially/completely filled with any other material (other than LPG) the full value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for full quantity (14.2 Kg for 14.2 Kg Cyls, 19 Kg for 19 Kg Cyls etc.).

c) If any OMC cylinder is detected at LPG plant in same load and is found to be without seal / tampered seal, the value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant. Additionally cost of such cylinders will be recovered from the transporters at normal tariff rates.

d) If any spurious cylinder is detected at LPG plant in same load and is found to be without

seal / tampered seal, the value of LPG will be debited to the transporter at the prevailing cost of Non domestic non essential rates or rates advised from time to time for the short quantity received and certified by LPG Plant. Additionally cost of such cylinders will be recovered from the transporters at penal rates. Further, transporter will be required to bring back such cylinders to the supply point by same truck / LCV and transportation charges for such cylinders will not be paid to the transporter.

e) The Transporter will have to bear the cost for any loss of cylinders/ valves/ safety caps or

any other property of the Corporation placed in his/ their custody for transportation, at rates prescribed by the Corporation from time to time. Such costs will be recovered from the payments due to the Transporter and/or from the Security

44. The Corporation reserves the right to recover the costs for loss or damage to cylinders accessories,

at its sole discretion irrespective of whether the truck/ LCV cages were sealed or not. 45. Transporter shall not transship any LPG Cylinder/s at any point enroute. In case

transshipment is required on account of breakdown of the truck/ LCV enroute, such transshipment has to be undertaken immediately in the interest of safety. In all such cases, it will be the responsibility of the Transporter to carry out such transshipment under intimation to and with the knowledge of the local Civil/Police authorities. The Transporter will furnish copy of such intimation to the Corporation in the quickest possible time, with full details and justification.

46. The Transporter will receive payment instruments, indents, sales tax forms etc. from the

distributors against acknowledgement as and when requested to do so by the concerned distributors, and such payment instrument/s with other attached documents shall be deposited along with the ERV immediately when the particular truck/ LCV reports to the Supply point next

for receiving fresh supplies. If the truck/ LCV breaks down enroute to the Plant and there is likely to be a delay beyond 24 hours, the Transporter should arrange to reach the indent to the concerned supply point at his/ their cost.

RATES: 47. Rates are per cylinder per RTKM for transportation in rate schedule. Rates for

minimum charge are per cylinder. Rates are all inclusive of transit taxes on product, if applicable; "Hill Rates" will apply only on routes where restrictions are imposed by the Government authorities on Axle load and/or wheel base. Identification of hill routes shall be at the sole discretion of the Corporation.

If the supply point/ transport planning point is shifted due to exigencies or realignment of markets or re-organization of markets or new plant location where Corporation has made arrangement for cylinder filling then lowest rate prevailing if any at that location shall be payable. In case of not having established rates at the new location then the original rates of earlier location will be paid.

48. Whenever to and fro empty cylinder movement is resorted to, the capacity of the truck/ LCV will

be utilised to the maximum extent within the limits of space available as well as the payload capacity. The rate payable shall be as per the rates payable for the empty cylinder movement.

49. In case of stock transfer of cylinders from one plant to any other Bottling plant/Refinery and a

subsequent movement to a distributor, the rate payable shall be based on the actual RTD from the originating plant to the receiving plant Plus the RTD from the receiving plant and the distributor.

50. In case of "One Way" transportation, 60% (sixty percent) of the composite rate will be paid for

filled cylinders and 40% (forty percent) for empty cylinders. Escalation/De-escalation of Rates: 51. Upward/downward revision in transportation rates would be considered by the corporation as

per Corporation's norms from time to time in case of revision in the price of HSD. The Retail Selling Price (RSP) of HSD at GANDHINAGAR ( respective state capital of supply source) as on APR-JUNE 2018 QUARTER will be the base price. The transportation charges will be paid with applicable escalation / de-escalation of rates, the escalation / de-escalation will be worked out from APR-JUNE 2018 QUARTER and the same will be paid as under:

The escalation/ de-escalation of transportation rates will be allowed every quarter i.e. on 1st January, 1st April, 1st July and 1st October. In case of commencement of the new contract in between of the quarter period, the escalation/ de-escalation shall also be applied from the dates mentioned above.

Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail Selling Price) of HSD, which will be the weighted average of RSPs of HSD during immediate previous three months, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent three months.

Only the increase/ decrease in RSP of HSD at the State Capital city of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations coming under the respective State. In case of any dispute, the decision of the IOC shall be final and binding.

The Transporters shall not be empowered to increase the rates unilaterally.

Present norms for escalation/de-escalation are given hereunder:

Revision in the cost of HSD –

The escalation / de-escalation shall be calculated on the presumption that:

Notional capacity of the truck will be 306 x 14.2 kg cylinder (10 MT) & for 450 x 14.2kg cylinders (16 MT).

Average Consumption of HSD will be 4 km / lit for 306 cylinders capacity

trucks & 3.75 km/lit for 450 cylinders capacity trucks

Basis of calculation of escalation shall be as follows which shall be final and binding to all.

These will be applicable uniformly irrespective of make, model and loading capacity of truck/ LCV.

Sample calculation for escalation is given below:

a. Distance 'X" KM RTD b. Standard Capacity of truck (14.2 kg. cyl.) : 306/100 Cylinders or 450/504 Cylinders c. HSD : Say Rs. "A", increase per litre,

Escalation per cylinder = A/(4*306) Rs./Km-for 306/100 Cylinder carrying capacity trucks. or A/(3.75*450) Rs./Km for 450/504 Cylinder carrying capacity trucks. as the case may be.

The decision of the Corporation on the calculations as well as implementation will be final and binding.

Formula for working out Escalation at the beginning of 4th& 5th year of the

contract:

Assumptions:

Let the Transportation Rate at the end of 3rd year of the contract be R in

Rs./cyl./RTKM

Let H be the Retail Selling Price of HSD in Rs./Litre at the end of the 3rd year

of the contract.

The Fuel component F, is given by:

F = H ÷ (4) ÷ (306) in Rs/cyl/RTKM for 100/306 cyl trucks, and

F = H ÷ (3.75) ÷ (450) in Rs/cyl/RTKM for 450/504 cyl trucks

The Non-Fuel Component N, is given by: N = (R - F)

The increment of 5.0 % is applied to N, which becomes Nr, given by:

Nr = (1.05)* N

The Revised Rate would be: (R + Nr)

Illustration:

Let the Transportation Rate, R at the end of the 3rd year of the contract be

0.075 Rs/cyl/RTKM for 306 cylinder capacity truck

Let the Retail Selling Price of HSD, H, be Rs. 64 per Litre

The Fuel component in the above rate F is Rs.16.0 /RTKM or Rs

0.052/cyl/RTKM (for 306 cyl truck)

The Non fuel component N = 0.075 – 0.052= Rs. 0.023/cyl/RTKM

Applying the increment of 5.0 % on Rs. 0.023 /cyl/RTKM, we have:

Nr = 0.05 x 0.023 = Rs. 0.00115 cyl/RTKM

The Revised rate for the 4th year would be: 0.075 + 0.00115 =

Rs 0.07615/cyl/RTKM

NOTE: Similar escalation will be applied to the existing rates at the

beginning of 5th year

GENERAL: 52. Transporter will operate the said trucks/LCVs for transportation of LPG Cylinders as and when

required by the Corporation to various destinations as per Indent/ requirement. It is distinctly understood that the Corporation has not guaranteed any minimum turnover, whether daily monthly or during the duration of this Agreement and Transporter will not be entitled to demand idling charges or minimum turnover charges or any other loss or damage of whatsoever nature against the Corporation for non-utilisation of the said truck(s)/LCVS wholly or in part.

53. That the Corporation will be at liberty to require the Transporter/s to operate the trucks / LCVs from any other supply point and the Transporter/s shall there upon shall operate the said trucks/ LCVs ex such other supply point and all the terms and conditions recorded herein shall also be applicable on such transfer. The Transporter/s may be required to operate ex such supply point at the prevailing approved rates of the Corporation/Hospitality- Assisting –Company, for that supply point as the case may be. In case approved rates are not available for that location, then the rates finalized in this tender shall be applicable for that location also. The cost of empty haulage on such redeployment will be borne by the Transporter. Subject clause shall also apply to Refinery/ supply point or any other location/s of other oil companies on same terms and conditions.

54. Any loss of the product/equipments of the Corporation while loading/unloading or in transit or as is subsequently detected will be at the entire risk, cost and expenses of the Transporters only. If through mistake, inadvertence, lack of prudence or foresight of the Corporation or its refineries or bottling plants, or other establishments, any loading of the product is undertaken in the trucks/ LCVs without required documents being signed by the authorised representative of the Transporter or in respect of any irregularity therein, the same will not absolve the Transporter from liability in respect of transportation of such products and all the provisions contained in this agreement shall also apply to such product/s, equipments so carried in such trucks/ LCVs.

55. Whenever there is a duplication of clause either in the terms and conditions or in the agreement, the clause which is beneficial to the Corporation will be considered applicable at the time of any dispute.

56. Replacement of Trucks : In case the transport contractor desires to replace the contracted operational trucks against this agreement the following provisions shall apply :

a. Owned trucks running in contract can be replaced by higher model owned trucks b. Attached trucks running in the contract can be replaced by owned or attached trucks of

higher model. c. 504, 450, 306, 100 Cylinder carrying capacity trucks can be replaced respectively with

504, 450, 306, 100 cylinder carrying capacity trucks only.

SAFETY:

57. Transporter's authorised representative/s and/or crew are required to check each and every cylinder at the time of loading. In case the Transporter brings any non-standard cylinder to the supply point in the truck/ LCV SEALED OR NOT, such cylinders will be confiscated by the Corporation in the interest of the Public Safety, and no payment shall be made to the Transporter for the transportation cost, and further the cost of such cylinder accessories at prevalent penal rates shall be recovered from the transporter.

58. In case of any cylinder developing a leak while in custody of the Transporter, the gas contained in the cylinder will be vented out in an open space, with minimum clearance of 30 (thirty) meters on all sides, no naked flame/lighted Cigarette/beedi etc./ordinary torch/electrical equipments are in use within this area. In all such cases, the Transporter will report the case in writing in the quickest possible time to the Corporation at the dispatching location or any other location whichever is nearer. Whenever such venting is carried out in an inhabited area, local police/fire brigade should be informed in advance and also whenever possible, the nearest IOC Office is to be contacted in advance.

59. After all loadings at the supply locations and also in transit/at destination, the Corporations Officers may check the loaded truck/ LCV for gas leakage etc. If such leakage is detected, the leaky cylinder/s is/are to be offloaded identified and segregated; no extra payment will be admissible for such loading/unloading.

60. The transportation of LPG Cylinder/s is/are covered by the Gas Cylinder Rules 1981. It will be the responsibility of the Transporter to ensure that the truck/ LCV and the operations fully conform to the above rules in all respect. Some important stipulations of the Gas Cylinder Rules 1981 are noted below for references and guidance: -

(a) Cylinders filled with any compressed gas shall not be transported by bi-cycle or any other two wheeled/mechanically propelled vehicle.

(b) Cylinders shall be so transported not to project in the horizontal plane beyond the side ends of the vehicle by which they are transported.

(c) There shall be no sharp projections on the inside of the vehicle. (d) Cylinders shall be adequately secured to prevent their falling off the vehicle and being

subject to rough handling, excessive shocks or local stresses. (e) Every cylinder containing compressed gas shall have its valve securely closed so as to

prevent leakage. Valves fitted to the cylinders containing LPG shall be provided with security nut on the outlet to act as a secondary means of safeguard against leakage of gas.

(f) The LPG Cylinders shall always be transported and kept in the upright position and shall be so placed that these cannot be knocked over.

(g) During unloading, care should be taken so that no damage is caused to the cylinders, and cylinders are not thrown from the vehicle during unloading.

(h) Two New DCP type fire extinguishers of BIS approved of 9 kg. and 1 no. of 1kg in sound and proper working order should be provided with each trucks in the beginning of tender. This must be kept in an easily accessible position during loading / unloading.

(i) Exhaust of the truck/ LCV must be rerouted towards the front and fitted with New Spark Arrestor of a design approved by Chief Controller of Explosives.

(j) No other material/goods are to be carried in the truck/ LCV while it is loaded with LPG Cylinders.

(g) Smoking is strictly prohibited in the vehicle and no fire or any source of ignition is to be permitted on and in the vicinity of the vehicle.

(k) Besides crew, i.e. the driver and a helper no other person is to be allowed to travel in the trucks/ LCVs carrying LPG Cylinders.

(l) Vehicle crew should be adequately trained with the operation of fire extinguishers available on it.

(m) Any cylinder containing flammable gas which develops a leak during transport shall promptly be removed to an isolated place away from the source of ignition and the person responsible for transportation shall immediately contact the filler or consignor, as the case may be, necessary advice.

(n) Rubber mat of minimum 1 inch thickness should be provided on the bed of the truck. Tyre is not acceptable in lieu of rubber mat.

(o) Safety belt (retractable) for Driver & Cleaner should be provided by the transporters & it should be as per the specification recommended by the company

61. Transporter shall get their drivers trained, at their cost, under Central Motor Vehicle Rules from the plant/institute recognized as training centre for conducting such training programme.

62. If any accident occurs during transport of LPG Cylinders it should be promptly reported to the STATE LPG HEAD/concerned Refinery Coordinator, Plant Manager of Bottling

Plant, Police and Controller of Explosives with full details & besides taking on the spot safety precautions.

63. It will be responsibility of the Transporter to ensure that –

i. the driver/helper (crew) engaged for operating the vehicles and ii. the labourers engaged for such loading/unloading/stacking/destacking/ handling of the

LPG Cylinders are educated about the safety risks and that they observe the prescribed safety precautions. Specifically, it will be responsibility of the Transporter to ensure strict observance of 'NO SMOKING' restriction, by the labourers/ truck crew / LCV crew at all stages including in-transit.

64. Observance of safety instructions at LPG Plants/in transit are of utmost importance.

Transporters shall be bound to nominate their workers for safety training at LPG Bottling Plant as and when such trainings are conducted and shall bear all expenses on account of their personnel for such training.

65. The transporters truck/ LCV crewmembers shall comply all safety related instructions /

Precautions as directed by the Corporation from time to time. RTD: 66. The transport charges payable under this agreement are based on shortest route approved by

the company on the round trip basis (called RTKM). A list of current RTKM's applicable to storage points/Bottling plants where trucks/ LCVs are based are available with concerned storage point/bottling plant. “RTDs are subject to change from time to time and recovery /payment shall be effected on this account from date of change of RTD at the sole discretion of the Corporation.” Reverified RTDs are to be made effective from date of start of operating current contract or from the date of reduction / increase whichever is later and recovery / payment to be made in event of any downward / upward revision from such date. If variation in RTKMs are within the limits of +/- 10 RTKMs upto a distance of 750 RTKMs and +/- 20 RTKMs for distance beyond 750 RTKMs, no recovery/payment will be made.

67. In case there is any change in the existing approved route, the Transporter shall inform the

Corporation in writing immediately. Payment for the longer route may be considered by the Corporation provided prior approval from the Corporation is obtained for the use of the alternative route.

68. Forfeiture of Security Deposit: The Security Deposit is liable to be forfeited if the Transporter

fails to position the number of trucks/ LCVs agreed to in the contract or does not replace trucks completing 15yrs of age (or as specified in NIT) during the contract period with higher models (Rs.50000 per truck in case of each trucks withdrawn by the transporters total maximum forfeiture will be limited to the total security deposit furnished by the contractor).

69. Suspension of trucks: The Corporation shall be at liberty to suspend the truck/s or LCVs which

are supposed to be indulging in any sort of malpractices or any other acts not conducive to the interest of the Corporation such as misbehavior, dishonesty, disobedience, pilferage etc.

70. Damages to Corporations Property/Employee: a. The contractor shall remain at all times, liable to the Corporation for any loss or damage

caused to any building, plant, machinery or property of the Corporation due to carelessness, negligence, inexperience or default of the contractor, his/their agents, representatives or employees. The Corporation shall be the sole judge as regards the quantum of loss or damage and it shall be entitled to deduct from the amounts payable hereunder to the transporter or any other contract contractor, the cost of the repair or the amount of loss or damage.

b. The contractor will be liable for any loss, any injury to Corporation’s employees due to

careless, negligent, inexperienced act or default of the contractor, his/their agents/representatives/employees in carrying out the job under this contract.

71. Performance of the Contract: If at any time during the currency of this agreement, the

transporter fails to perform the obligations specified in this agreement, the Corporation shall be at liberty and without prejudice to its other rights and remedies obtain services from other transporter/s to perform the obligations under the agreement and the transporter undertakes to reimburse the Corporation all the additional expenses incurred by the corporation in this connection.

72. Set Off and Adjustment: Any sum of money due and payable to the transporter (including the

security deposit returnable to him) under this agreement or any other agreement with the Corporation may be appropriated by the Corporation against any claim of the Corporation arising under this Agreement against the transporter.

73. LCV’s shall have minimum loading capacity of 100 Cylinders of 14.2 Kg and maximum capacity to

be restricted as per Motor Vehicle Act / Rules as amended from time to time. However, loading capacity / loading pattern / caging design / Painting Colour Scheme will be standardized by the plant based on the Operational / Safety requirements which will have to be complied with by the transporters.

While Loading / Unloading of Cylinders from LCV’s at the plant’s Loading / Unloading finger, it

should not create unsafe condition in the plant due to floor height not matching with LCV’s floor height.

LCV’s carrying filled cylinders are to be first unloaded at the Distributor’s godown and only after 100% pre-delivery check at the godown the cylinders are to be delivered to customers. All other terms & conditions specified in the tender / agreement will also be applicable for LCV’s.

74. Successful bidders will be required to place trucks fitted with anti-lock brake system (ABS) & vehicle tracking system (VTS) at their own cost mandatorily. Trucks will not be inducted / taken into service not having ABS & VTS.

74 A. Provision of Vehicle Tracking System (VTS) in truck is mandatory. Corporation will organize

supply & installation of Vehicle Monitoring Units (VMUs) by VMU supplier against cost and maintenance of VTS through a service provider at the cost of Transporter and the same will be recovered through the transportation bills of the transporters. The indicative cost towards VTS would be Rs. 200/ Truck/ Month. (Approx. cost of equipment around Rs. 5500/- & Rs. 1200/-

per year for VTS monitoring, subject to actuals). Applicable Goods and service tax on the monthly charges will also be recovered from the transporters. In case it is established that the VMU is damaged intentionally and the defects in VMU is not on account of any manufacturing defects then additional recovery with necessary taxes will be made from the concerned transporter to install new VMU.

The VTS is being installed in order to ensure safety and safe movement of the trucks, to ensure that the trucks ply on pre-planned routes, to reduce chances of pilferage of product, etc. Separate guidelines on VTS and penalty, if issued during the contract period by Corporation then same will be applicable on the successful bidders also.

75. Notwithstanding anything to the contrary herein contain the Corporation shall be at liberty to terminate this agreement forthwith upon or at any time after the happening of any of the following events:

(a) the Transporter commits a breach of any of the terms and conditions for this agreement; (b) Upon (to be read along with clause 76) i. The death or adjudication as insolvent of the transporter, if transporter be an

individual or sole proprietor. ii. the death or retirement of a partner or dissolution of partnership of a

transporter firm or adjudication as insolvent of any partner of the firm if the transporter be a partnership firm.

iii. The liquidation, whether voluntarily or otherwise or the passing of an effective resolution for winding up if the transporter be a company or co-operative society.

(c) If any attachment is levied and continued to be levied for a period of seven days upon the effects of transporter or any individual partner for the time being of the transporter’s firm or company or co-operative society. (d) the road permit or any other licenses issued by the Transport authorities or any statutory authorities to the Transporter for any truck is cancelled or revoked. (e) In the event the Transporter or his employees and agents violate any safety rules within or

outside the Corporation’s premises, which violation may, could or cause any accident or which could or does endanger the safety of life and property.

(f) In the event the Transporter or his employees and agents are found indulging in

malpractices, irregularities, forgery of documents e.g. RC, Company invoice/challan/loading advice etc and property of the Corporation in the form of LPG cylinders ( filled and empty), pressure regulators etc.

(g) In the event of delivery of LPG cylinders to a destination other than the destination mentioned in the relevant document of the Corporation, unless authorized by the

Corporation. (h) If the transporter for any reason make default in payment to the Corporation in full or his

outstanding as appearing in the Corporation’s books of Account beyond four days of demand by the Corporation.

(i) if the transporter does not adhere to the instructions issued from time to time by the Corporation in connection with the said practices to be followed by him in transportation of LPG cylinders and goods entrusted for transportation. (j) if any information given by the transporter at the time of submission of the tender found to be untrue or correct. (k) If the transporter shall either by himself or by his servants or agents commit or suffer to be committed any act which, in the opinion of State Head of the Corporation’s State Office where the contractor has signed the agreement. The Corporation’s right to terminate this agreement under the terms of this clause shall be

without prejudice to any of its rights and remedies against the transporter. In the event of the Corporation terminating this agreement under the provision of this clause, it shall not be liable

to pay for any loss or compensation in respect of such termination.

76. The Transporters shall not assign their right under this contract or any work entrusted to them to any person whatsoever except with the prior written consent of the Corporation by producing necessary documentary proof. In genuine cases, the Corporation may allow transfer/ reconstitution of the transporter as per following guidelines (however, the decision of the Corporation will be final):

Transfer/reconstitution of firm will not be allowed before signing of the Agreement except in the case of death of proprietor or partner (s). In death cases, transfer/reconstitution shall be permitted to the legal heirs/surviving partners, subject to production of appropriate legal documents.

After signing the Agreement, in case of partnership firm, if one or more partners wish to withdraw, remaining partners may be permitted by the Corporation to reconstitute the firm subject to the remaining partners being acceptable to the Corporation. The existing partner(s) must retain majority share and the newly inducted partner(s) will not be permitted to have majority holding. However, in case of proprietorship firm (or in case of partnership firm where all partners wish to withdraw), the proprietor wish to transfer the firm, the same may be permitted by the Corporation subject to the transfer is proposed to existing acceptable transporter (whose transportation rates are less or equal to the transportation rates of original transporter) only except in the case of death of proprietor or partner (s).

During entire contract period (before, after and during transfer/reconstitution of the firm) name and style of the transporter will not change, except where permission is granted by the contracting Corporation.

For transporters belonging to SC/ST category, the incoming partner should also be from SC/ST as the case may be.

The incoming partner(s) has not been convicted for any criminal offence or malpractice.

Reconstitution will not be applicable to transporters, who have been terminated due to misconduct or any malpractice.

The incoming partners will also be equally responsible for the smooth and efficient operation of the transportation as per contract conditions.

In case of death of transporter (proprietor/partner), the firm can be reconstituted in favour of legal heir/(s). If legal heir(s) express(es) unwillingness to carry on transportation, in case of proprietorship firm the contract will automatically get terminated and in the case of partnership firms, the firm can be reconstituted with the remaining partners after obtaining NOC from the legal heir(s). Transfer/reconstitution of firm may be permitted only after full settlement of dues, if any, of the Corporation.

77. All tender terms and conditions are part of this agreement and transporters have to abide by the same during the pendency of the contract.

78. FLEET / LOYALTY CARD : Successful bidders will be made member of IOCL ‘s Fleet / Loyalty

card and Corporation’s internal guidelines will be followed in respect of % age of transportation payment through Fleet / Loyalty card for upliftment of HSD from the respective Corporation’s Retail Outlets.

79. ARBITRATION : Any dispute or difference arising under or in connection with this contract shall be referred to a

Sole Arbitrator as per the provisions of the Indian Arbitration and Conciliation Act 1996 as amended vide Arbitration & Conciliation (Amendment) Ordinance 2015 dated 23.10.2015.

The parties hereby agree that the court in city of AHMEDABAD ( respective state office HQ) alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of anything arising under this Agreement

Signed and delivered on behalf of the Signed and delivered by the within name Indian Oil Corporation Limited in the presence of in the presence of Witness : Witness :

13-DESIGN & DRAWINGS OF TRUCKS

14- DOCUMENTS NOT TO BE

UPLOADED

(Annexure W1 to W8)

ANNEXURE-W1

LIST OF BOARD OF DIRECTORS

1 Shri Sanjiv Singh

Chairman

Indian Oil Corporation Limited

Corporate office, Plot 3079/3, Sadiq

Nagar, JB Tito Marg, New Delhi –

110049.

7. Shri Ashutosh Jindal

Joint Secretary (M),

Ministry of Petroleum &

Natural Gas, Shastri Bhavan,

New Delhi – 110001.

13 Shri Chitta Ranjan Biswal

Independent Director.

Indian Oil Corporation

Limited

2. Shri BV Ramgopal

Director (Refineries),

Indian Oil Corporation Limited

SCOPE Complex, Core 27,

Institutional Area, Lodhi Road, New

Delhi- 110003.

8. Ms. Sushma Taishete Rath.

Govt Nominee Director.

Indian Oil Corporation

Limited

14 Dr Jagdish Biswal

Independent Director.

Indian Oil Corporation

Limited

3. Shri GK Satish

Director (Planning & Bussiness

Development),

Indian Oil Corporation Limited

Indian Oil Bhawan

No.1, Sri Aurobindo marg, Yusuf

Sarai, New Delhi – 110016.

9. Sh Sanjay Kapoor.

Independent Director.

(Indian Oil Corporation

Limited)

SCO 3, First Floor, Sector

11,

Panchkula, Haryana –

134112.

15 Shri Sankar Chakraborti

Independent Director.

Indian Oil Corporation

Limited

4. Shri A. K. Sharma

Director ( Finance)

Indian Oil Corporation Limited

Corporate office, Plot 3079/3, Sadiq

Nagar, JB Tito Marg, New Delhi –

110049.

10. Shri Vinoo Mathur

Independent Director.

Indian Oil Corporation

Limited

16 Shri DS Shekhawat

Independent Director.

Indian Oil Corporation

Limited

5. Shri Ranjan Kumar Mohapatra

Director (Human Resource)

Indian Oil Corporation Limited

Corporate office, Plot 3079/3, Sadiq

Nagar, JB Tito Marg, New Delhi –

110049.

11. Shri Samirendra Chatterjee

Independent Director.

Indian Oil Corporation

Limited

17 Shri Vinod Kumar

CVO.

Indian Oil Corporation

Limited

6. Dr SSV Ramkumar

Director (R & D)

Indian Oil Corporation Limited

12. Shri Parindu K. Bhagat

A/F/1, Shapath Tower – IV,

Opp. Karnavati Club, Above

Central bank, S.G. Highway,

Ahmedabad – 380015.

18 Shri BK Ravi

Advisor (Security).

Indian Oil Corporation

Limited

19 Sh Kamal Kumar

Gwalani.

Company Secretary,

Indian Oil Corporation

Ltd.

ANNNEXURE-W2

LIST OF RELATIVES

1. Person shall be deemed to be a relative of another if and only if

A. He/She/They are member of Hindu Undivided family or

B. He/She/They are Husband AND Wife OR

C. The one is related to the other in the manner indicated below.

2. Father

3. Mother (including Step-Mother)

4. Son (including Step-Son)

5. Son's Wife

6. Daughter (including Step-Daughter)

7. Father's Father

8. Father's Mother

9. Mother's Mother

10. Mother's Father

11. Son's Son

12. Son's Son's Wife

13. Son's Daughter

14. Son's Daughter's Husband

15. Daughter's Husband

16. Daughter's Son

17. 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

23. Wife’s brother

24. Mother’s brother

25. Wife’s Father

ANNEXURE-W3

(TO BE SUBMITTED ON NON-JUDICIAL STAMP PAPER OF REQUISITE VALUE)

FORM OF STANDING BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

BG No. :

Date :

Amount :

Validity : To, Indian Oil Corporation Ltd. ……..State Office:

…………. ………… ………….

Ref: IOC Tender No for LPG Cylinder transportation ex LPG Bottling Plant.

Dear Sir, A. In consideration of M/s Indian Oil Corporation Limited having its registered office at INDIAN OIL

BHAWAN, G-9, Ali Yavar Jung Marg Bandra (East) Mumbai-400051 and a place of business at …… State Office, Address of State Office ………………….(hereinafter called the Corporation) having agree to exempt M/s ……............................……............ ........…………..having its office at .....................................(hereinafter called the "said Transporters") from the demand under the terms and conditions of the Agreement/ Contract/ offer letter/work order no.......................………….…………… dated..........................made between the Corporation and M/s................................. ………………………the Transporter(s) (for hereinafter called the said agreement) of the security deposit for the due fulfillment by the said Transporter(s) of the terms and conditions contained in the said Agreement on production of a Bank guarantee for Rs.......……........... (Rupees……….……….............. ..................only). We.........................................................(hereinafter referred to as Bank) at the request of M/s...........................................................(Transporter(s)) do hereby undertake to pay to the Corporation an amount not exceeding Rs.......................... (Rupees.....................................................................only) against any loss or damage caused to or suffered by the Corporation by the reasons of any breach by the said Transporter(s) of any of the terms and conditions contained in the said Agreement.

B. We..........................................................(name of the bank)……………………….. do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Corporation stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Corporation by reasons of breach of the said Transporter(s) of any of the terms and conditions contained in the said agreement or by reason of the Transporter's failure to perform the said Agreement. Any such demand made in the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs..........................................................

C. We undertake to pay the Corporation any money so demanded notwithstanding any dispute or disputes raised by the Transporter(s) in any suit or proceedings pending before any court or Tribunal or Arbitrator relating there to our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Transporter(s) shall have no claim against us for making such payment.

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

E. We.................................................(name of bank).................................................... further agree with the Corporation that the Corporation shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Transporter(s) from time to time or to postpone from any time or from time to time any of the powers exercisable by the Corporation against the said Transporter(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the

said Transporter(s) or form any forbearance, act or omission on the part of the Corporation or any indulgence by the Corporation to the said Transporter(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us.

F. Bank Guarantee shall remain in force upto..............................................................

G. This guarantee will not be discharged due to the change in the constitution of the bank or the Transporter(s).

H. The bank agrees that this guarantee may be invoked on a number of occasions but so that the total amount payable hereunder shall not exceed Rs........................

I. We.....................................................(name of bank)............................................... lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Corporation in writing.

Dated..............................................day of.................................................200

................................................ (Name & Signatures of the bank)

Note : Validity of Bank Guarantee shall be beyond six months of Validity of Contract

SIGNATURE OF BIDDER WITH SEAL

ANNEXURE-W4 INDEMNITY BOND/ UNDERTAKING

(On Non-Judicial Stamp Paper of requisite value duly notarised)

From M/s. __________________________ __________________________ To, M/s. Indian Oil Corporation Limited, ----------------State Office 1. Work Order No ________________________ date _______________ 2. Agreement No ______________________ date _________________ THIS INDEMNITY BOND/UNDERTAKING executed at _____________ this _______ day ______ 20 by M/s _______________________________________ hereinafter called the Contractors (which expression shall mean and include, if the context so admits, the partners or partner for the time being of the firm and their or his respective heirs, executors and administrators/ its successors and assign in law) in favour of M/s INDIAN OIL CORPORATION LIMITED (MKTG. DIV.) a Company incorporation under the Companies Act I of 1956 and having its Registered Office at G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai - 400 051, hereinafter called 'the corporation' (which expression shall include its successors and assigns in law) WHEREAS the Corporation, desirous of having executed certain work specified in the offer letter/work order No. __________________ dated __________ issued by the Corporation on the contractors, describing the work to be done, prepared and the same have been signed by or on behalf of the parties hereto AND WHEREAS the contractors have agreed with the Corporation to execute and perform the said work specified in the said offer letter/work order upon certain terms and conditions provided in the Agreement executed between the contractors and the Corporation and also contained in the General conditions of contract attached thereto. AND WHEREAS THE CONTRACTORS are bound by law to comply with the provisions of various Labour Laws like Minimum wages Act, 1948, equal remuneration Act 1976, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; Contract Labour (Regulation and Abolition Act, 1970), Workmen's Compensation Act, 1923, Employees State Insurance Act as also the Provident Fund Act providing for Provident Fund Scheme for labourers engaged by the contractors but in the event of violation of the provisions of various amenities and facilities to the workers under the different labour laws, not only the contractors, but also the Corporation as the principal employer becomes liable for the acts of commission and omission by the contractors. IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND/UNDERTAKING BY the contractors to indemnify and keep indemnified the Corporation as stated hereinafter. The Contractors hereby agree, confirm and declare that they have fully complied/will comply with the provisions of various statutory obligations pertaining to this contract & labour laws, particularly those referred to herein above and that no violation the provisions of various amenities and facilities to the workers under different laws has been done by them and in the event of any past or future violation of the provisions of various labour laws & statutory obligations , the contractors shall indemnify and keep the Corporation duly indemnified against all losses, damages, costs, charges, expenses, penalties, suits are proceedings which the corporation may incur, suffer or be put to. The Contractors hereby undertake to furnish a certificate with regard to the number of labourers employed by them in the Corporation/ in other organizations throughout the country to the Location Incharge of the Corporation where the work is undertaken by the Contractors.

The contractors hereby confirm and state that they are duly registered under the Contract Labour (Regulation and Abolition) Act 1970, as amended from time to time that they undertake to furnish a certified copy of the requisite licens4e obtained by the contractors from the competent authority to the Corporation's representative. The contractors hereby undertake to keep proper record of the attendance of his Labourers and will give opportunity to the Officers of the Corporation to supervise the same and confirm upon the Corporations representative the right to countersign the said register. The contractors shall provide a copy of the pay sheets to the location incharge of the Corporation nominated by the Corporation for supervision of the payment of wages made to the labourers by the Corporation for supervision of the payment of wages made to the labourers by the contractors and also confer the right on the Corporation's representative to supervise the payment of wages to the labourers on the spot. The contractors state that they are fully aware of provisions of the Provident Fund Act, particularly with regard to the enrolment of labourers as a member of provident Fund. The contractors further confirm that they are aware of the provisions that they are fully obliged to recover Provident Fund contribution from the eligible labourer engaged by them and after adding their own contribution remit the same to RPFC. The contractors state and confirm that they are fully aware of their obligation to remit the said amounts on account of Provident Fund to the RPFC within the prescribed period and they have obtained a separate code number from the RPFC which is bearing Sr. No. __________ dated _______ from RPFC. ______________ The Contractors will afford all opportunities to the Officers of the Corporation to verify that the Provident Fund actually deducted by the contractors from the wages of the labourers and the same together with the contractor’s contribution has been duly remitted by the Contractors to the concerned PF commissioner. The contractors also undertake to provide photocopy of the receipt issued by the concerned PF Commissioner for having received the PF contribution from the contractors. In the event the Location Incharge of the Corporation is not satisfied about the Payment of wages made and the recovery of PF etc. from the labourers employed by the Contractors, the contractors hereby agree and authorise the Corporation to withhold the payment of their bills till the contractors complete all the obligations in this matter. Notwithstanding the provisions contained in clause - 7 above, the contractors hereby undertake and authorize the Corporation to recover dues payable by the Contractors to the labourers employed by them as also amounts on account of PF contributions (including the contractors contribution) as also all losses, damages, cost, charges, expenses, penalties from his bills and other dues including the security amount. The contractors hereby agree that the aforesaid indemnity undertakings or in addition to and not in substitution of the terms and conditions contained in the tender documents and the offer letter/work order and also the agreement executed by the contractors with the Corporation. The contractors hereby confirm, agree and record that this letter of undertaking and indemnity bond shall be irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal representatives and shall ensure for the Corporation’s benefit and for the benefit of its successors and assigns. Yours faithfully DATE ____________ WITNESS : (1) (full address) WITNESS : (2) (full address)

ANNEXURE-W5

DANGEROUS PETROLEUM REGULATION OF TRUCKS

1. The trucks to be engaged for transportation of cylinders should strictly conform to the regulations stipulated in the Petroleum Act, 1976, any amendment or re-enactment thereof from time-to-time under rules and order(s) framed there under.

2. The trucks engaged for transportation of LPG cylinders should also conform to the

following requirements: a. There shall be no sharp projection inside the truck on the platform and sides of

the lorry. b. The exhaust from the engine should be with under the drivers cabin and exhaust

pipe should be welded with an ISI approved spark arrestor. c. The Cab of the truck shall be of all metal construction and its rear window, if

provided, shall be fully covered with wired glass. The cab and the engine shall be separated from the load by a fire resisting shield whose dimension shall fully cover the cab end of the load.

d. The truck should be fitted with a double pole wiring system with the “Master Switch” in driver’s cabin.

e. The fuel of every truck if installed behind the cab of the truck/fire screen, shall be :

i) So designed, constructed & installed as to present no unusual hazard,

shall be arranged so as to permit drainage without removal from their mountings and;

ii) Protected against blows by stout steel guards.

f. The trucks should be fitted with the fixed body of adequate height so that the cylinders are not stacked beyond the side support of the body.

g. The trucks must carry two number 10 kg DCP type and one number 1 kg DCP

type fire extinguisher. h. The voltage of the electric circuit should not exceed 24 volts.

i. Electrical wiring shall :

A) Be heavily insulated and be adequate for maximum load to be carried.

B) Be provided with suitable over current protection in the form of fuses or automatic circuit breakers and also with master switch to cut off the current supply in an emergency.

ANNEXURE-W6

GAS CYLINDER RULES 1981

The transportation of LPG cylinders is/are covered by the Gas Cylinder Rules 1981. It will be the responsibility of the contractor(s) to ensure that the truck and the operations fully conforms to the above rules in all respect. Some important stipulations of the Gas Cylinder Rules 1981 are noted below for reference and guidance: a. Cylinders filled with any compressed gas shall not be transported by a bi-cycle or any other two/wheeled mechanically propelled trucks.

b. Cylinders shall be so transported as not to project in the horizontal plain beyond the sides or ends of the truck by which they are transported.

c. There shall be no sharp projections on the inside of the truck.

d. Cylinders shall be adequately secure to prevent their falling of the truck and being subject to rough handling, excessive shocks of local stresses.

e. Every cylinder containing compressed gas shall have its valve securely closed so as to prevent leakage. Valves fitted to the cylinders containing LPG shall be provided with security nut on the outlet to act as a secondary means of safeguard against leakage of gas.

f. The LPG cylinders shall always be transported and kept in the upright position and shall be so placed that these cannot be knocked over.

g. During unloading care should be taken so that no damage is caused to the cylinders, and cylinders are not thrown from the truck during unloading.

h. Two suitable fire extinguishers of 9 kg DCP type in sound conditions and in proper working order, should be carried in the truck in an easily accessible position.

i. Exhaust of the truck must be fitted properly with spark arrestor of a design approved by Chief Controller of Explosives.

j. No other materials / goods are to be carried in the truck while it is loaded with LPG cylinders.

k. Smoking is strictly prohibited in the truck and no fire or any source of ignition is to be permitted on and in the vicinity of the truck.

l. Besides crew, i.e. the driver and a helper no other person is to be allowed to travel in the trucks carrying LPG cylinders.

m. Trucks crew should be adequately trained with operation of the extinguisher available on it.

n. Any cylinder containing flammable gas which develops a leak during transport shall promptly be removed to an isolated place away from the source of ignition and the person responsible for transportation shall immediately contact the filler or consignor as the case may be for necessary advice.

ANNEXURE-W7

INDANE BOTTLING PLANT, ___________

PACKED TRUCK CHECKLIST AFTER ISSUANCE OF LOI

REF NO. : -------------------------- DATE:___________

TRUCK NO. :

TRANSPORTER’S NAME :

OWNED / ATTACHED :

S.No. Parameters Observation Remarks (OK/Not OK)

1a RC Book available and issued for Goods truck

1b RLW - ULW > = carrying capacity

1c Model No. & Make

2 Insurance (comprehensive) and CLLI

3 Road permit validity

4 Road tax validity

5 Battery Terminal rubber caps

6 Fire Extinguisher (BIS Approved) -2 nos.

7 Battery cut off switch (300 A)

8 Spark Arrestor (PESO approved make)

9 Colour Scheme (IOCL standard)

10 Diesel Cover & lock

11 Tyre Condition (including stepni)

12 Improper / Loose Wiring

13 Cabin Condition

14 Rubber Mats / Floor condition

15 Cage condition (Tight Fit)

16 Loading Pattern

17 Fuse Box condition (wires, etc.)

18 Fitness validity

19 First Aid Kit

20 ABS available in truck

21 VTS availability

INSPECTED BY: Signature Name of inspecting Officer

Transporter’s Representative

(Name & Signature)

Checklist Approved

Plant Incharge

Annexure-W8

CALCULATION ON RESERVATION OF

TRUCKS

Sl.No. Category % of

reservation

STATE OFFICE

100 / 306

450 / 504

1 TOTAL X Y

2 SC 15 % OF TOTAL 0.15*X 0.15*Y

3 ST 7.5 % OF TOTAL 0.075*X 0.075*Y

4 SC + ST - TOTAL

22.5 % OF TOTAL

2+3 2+3

5 MSE - TOTAL 20 % OF TOTAL 0.2*X 0.2*Y

6 MSE (SC/ST) 20% OF MSE 0.2*5 0.2*5

7 MSE (OTHER THAN SC/ST)

5-6 5-6

8 SC / ST (EXCLUSIVE OF MSE SC/ST)

4-6 4-6

9 TT AVAILABLE FOR GENERAL NON-MSE CATEGORY

X-

(6+7+8) Y-

(6+7+8)