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TELANGANA STATE
AGRO INDUSTRIES DEVELOPMENT
CORPORATION LIMITED
DRAFT EXPRESSION OF INTEREST (EOI)
EOI NO: 30/TSAGROS/EOI/NALGONDA/AKPB/2018-19, dated:
14-02-2019
CALLING OF EXPRESSION OF INTEREST (EOI) FOR
APPOINTMENT OF SERVICE PROVIDER TO RUN THE AGRO
KARSHAK PETROL BUNK (AKPB) AT NALGONDA FOR
DISPENSING FUEL, OTHER ALLIED PRODUCTS SALES AND
OTHER RELATED ACTIVITIES INCLUDING DAY TO DAY
OPERATION AND MAINTENANCE OF FUEL OUTLETS OF TSAIDCL.
FOR EOI DOCUMENT DOWNLOADING FROM
Website: www.tsagros.org
ADDRESS
O/o TSAIDCL, #BLOCK NO: 301 & 302, 3 RD FLOOR,
SWARNAJAYANTHI COMMERCIAL COMPLEX,
AMEERPET, HYDERABAD-500038
http://www.tsagros.org/
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STANDARD BID DOCUMENT
INDEX
Sl. No.
DETAILS PAGE No.
1 DISCLAIMER 4-5
2 NOTICE INVITING EOI 6-9
3 ABBREVIATIONS 9
DETAILS OF EOI NOTIFICATION
4 PREAMBLE 10
5 TERMS AND CONDITIONS OF THE EOI 10
6 EARNEST MONEY DEPOSIT (EMD) 11
7 SUBMISSION OF BID 12
8 DOCUMENTS REQUIRED FOR QUALIFICATION 12-13
9 AMENDMENT OF EOI DOCUMENT 13
10 FINANCIAL BID 13
11 PERIOD OF CONTRACT 13
12 ELIGIBILITY / QUALIFICATION CRITERIA 13
13 CRITERIA FOR SELECTION AND FINALIZATION 13-14
14 BIDDERS RESPONSIBILITY 14
15 OPENING AND EVALUATION OF BIDS 14-15
16 BID /EOI EVALUATION COMMITTEE 15
17 AMENDMENT OF EOI DOCUMENT 15
18 ALLOTMENT OF CONTRACT 15
19 TERMINATION OF EOI PROCESS 15
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GENERAL AGREEMENT CONDITIONS OF THE CONTRACT
20 NATURE OF CONTRACT 16
21 PERIOD OF CONTRACT 16
22 EVALUATION OF CONTRACT 16-17
23 ELIGIBILITY CRITERIA 17-18
24 PROVIDING SERVICE/SUPPORT BY THE SERVICE
PROVIDER 18-21
25 PROCEDURE FOR PLACING INDENT TO THE OIL COMPANY.
21-22
26 PAYMENT OF FIXED SECURITY DEPOSIT AND ENTERING INTO
AGREEMENT
22-23
27 PAYMENT TERMS 23
28 GENERAL CONDITIONS 24-27
29 TERMINATION FOR DEFAULT 27-28
30 PENALTIES FOR CHARGING EXCESSIVE RATES 28
31 TERMINATION OF CONTRACT 28-29
32 CONCLUSION OF AGREEMENT PERIOD 29
33 INDEMNITY 29
34 FORCE MAJEURE 29-30
35 APPLICABLE LAW 30
36 MISCELLANEOUS INSTRUCTIONS 30-31
37 BID RESPONSIVENESS 31
38 FRAUD AND CORRUPT PRACTICES 31-32
39 ANNEXURE - I (EMD DETAILS)
33
40 ANNEXURE - II
[FIXED SECURITY DEPOSIT (FSD)] 34
41 EOI SUBMISSION LETTER 35
42 ANNEXURE - III (STATEMENT SHOWING THE DETAILS OF
LOCATION PROJECTED VOLUMES)
36
43 ANNEXURE - IV (BID APPLICATION FORM)
37-38
44 SITE LOCATION OF AKPB TO BE ESTABLISHED
39-40
45
ANNEXURE – V
[FINANCIAL BID (PRICE BID)]
41
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DISCLAIMER
The information contained in this EOI document or subsequently
provided to Bidders,
whether in document or verbal or any other form by or on behalf
of Telangana State Agro
Industries Development Corporation (TSAIDCL) by any of its
employees or advisors, is
provided to Bidders on the terms and conditions set out in this
EOI document and such
other terms and conditions subject to which such information is
provided.
This EOI is not an agreement and is neither an offer nor
invitation by TSAIDCL to the
prospective Bidders or any other person. The purpose of this EOI
document is to provide
interested parties with information that may be useful to them
in eliciting their proposals
pursuant to this EOI document. This EOI document may not be
appropriate for all persons
and it is not possible for the TSAIDCL, its employees or
advisors to consider the investment
objectives, financial situation and particular needs of each
party who reads or uses this EOI
document.
This EOI document includes statements, which reflect various
assumptions and
assessments made by the TSAIDCL in relation to the Contract.
Such assumptions,
assessments and statements do not purport to contain all the
information that each Bidders
may require.
The assumptions, assessments, statements and information
contained in this EOI
document, may not be complete, accurate, adequate or correct.
Each Bidder should,
therefore, conduct his/her own investigations and analysis and
should check the accuracy,
adequacy, correctness, reliability and completeness of the
assumptions, assessments,
statements and information contained in this EOI document and
obtain independent advice
from appropriate sources.
Information provided in this EOI document to the Bidder(s) is on
a wide range of matters,
some of which depends upon interpretation of law. The
information given is not an
exhaustive account of statutory requirements and should not be
regarded as a complete or
authoritative statement of law. The TSAIDCL accepts no
responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed
herein.
TSAIDCL, its employees and advisors make no representation or
warranty and shall have
no liability to any person, including any Applicant or Bidder
under any law, statute, rules
or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be
incurred or suffered on account
of anything contained in this EOI document or otherwise,
including the accuracy,
adequacy, correctness, completeness or reliability of the EOI
document and any assessment,
assumption, statement or information contained therein or deemed
to form part of this EOI
document or arising in any way in this EOI Stage
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TSAIDCL reserves the absolute right, without any obligation or
liability, to accept or reject
any or all of the EOIs, at any stage of the process, to cancel
or modify the process, or any
part thereof, or to vary any of the terms and conditions, at any
time, without assigning any
reason whatsoever.
The volumes shown are only projections and that the Service
Provider has to make his/her
own assessment about the potentiality of the outlet. No claims
of whatsoever will be
entertained on non materialization of volumes.
The commencement of all the fuel outlets is subject to obtaining
NOCs. No claims of
whatsoever reason will be entertained on non commencement of the
said fuel outlets.
Without prejudice to any express provision contained in the
Agreement, the Service
Provider acknowledges that prior to the execution of the
Agreement, the Service Provider
has after a complete and careful examination made an independent
evaluation of the
potentiality of the business and all the information provided by
TSAIDCL, and has
determined to the Bidders satisfaction the nature and extent of
such difficulties, risks and
hazards as are likely to arise or may be faced by the Service
Provider in the course of
performance of its obligations.
TSAIDCL reserves the absolute right to reject any or all the
bids without assigning any
reason(s) whatsoever and the decision of the management shall be
final and binding on all
the Bidders. The Bid not fulfilling any of the above conditions
will summarily rejected.
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TELANGANA STATE AGRO
INDUSTRIES DEVELOPMENT CORPORATION LIMITED
NOTICE INVITING EOI
1. Department
Name TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT
CORPORATION LIMITED (TSAIDCL)
2 NAME OF THE
WORK
RUNNING OF AGRO KARSHAK PETROL BUNK (AKPB), AT NALGONDA BY
SERVICE PROVIDER IN REVENUE
SHARING BETWEEN TSAIDCL AND SERVICE PROVIDER.
3 LOCATION VENKATESWARA(VT) COLONY, HYDERABAD ROAD, NEAR
VIVEKANADA STATUE, NALGONDA, NALGONDA
DISTRICT
4. Circle/Division OFFICE OF THE VC & MD, TSAIDCL,
HYDERABAD
5. EOI Number No:30/TSAGROS/EOI/NALGONDA/AKPB/2018-19,
dated: 14-02-2019
6.
FIXED
SECURITY
DEPOSIT (FSD)
Rs 50-00 Lakhs
FSD is the fixed deposit with TSAIDCL. It does not bear
any interest up to the agreement period. It is
refundable/adjustable amount after the closure of Agreement.
7. Period Of
Contract 30(Thirty) years
8. Form Of
Contract As per EOI Document
9. EOI Type Two Type Bid
10. EARNEST MONEY DEPOSIT (EMD)
The Bidder shall submit the Earnest Money Deposit in the form of
Demand Draft for Rs: 5,00,000/- ( Rupees
Five Lakhs only) drawn in favour of “TELANGANA STATE AGRO
INDUSTRIES DEVELOPMENT CORPORATION
LIMITED“ drawn from any nationalized banks and same EMD shall be
submitted in the Technical Bid cover only.
EOI without EMD shall be rejected as being non responsive.
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11. EOI document Cost
Rs. 5,000/-Towards the Cost of EOI document, non Refundable
Demand Draft drown in favour of
“TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION”
payable at Hyderabad shall be submitted
in the Technical Bid cover only
12. Bid submission
starting Date & Time
16-02-2019 from 11.00 AM
13. Bid submission
closing Date & Time
23-02-2019 up to 02.00 PM
14. Bid submission
Venue
Dropped in Box kept at O/o TSAIDCL,
Block NO: 301, 3RD FLOOR, Swarnajayanthi Commercial Complex,
Ameerpet, Hyderabad -500038.
15. Technical Bids
Opening Date and Time
25-02-2019 from 03.00 PM
16. Commercial Bids
Opening Date
and Time
28-02-2019 from 03.00 PM
17. Place Of BIDs Evaluation
TSAIDCL, its Conference Hall, Block No: 321, 3rd
Floor, Swarnajayanthi Commercial Complex, Ameerpet,
Hyderabad-500038.
18. Officer Inviting Bids
The Vice Chairman and Managing Director,
TSAIDCL, Hyderabad.
19. Contact Person
& Details
General Manager, Contact No: 9912880011 Executive Engineer
(Project), Contact No: 7780131237
Phone: 040-23302680, 040-23302681
20. Address/E-mail
Id
O/o TSAIDCL, Block NO: 301 & 302, 3rd Floor,
Swarnajayanthi
Commercial Complex, Ameerpet, Hyderabad -500038 Email Id:
[email protected]
mailto:[email protected]
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22. PROCEDURE TO OFFER SUBMISSION:
22.1 The Bidders shall submit their response through Bid
submission by
following the procedure given below.
A. The Bidders shall submit their bids to the EOI Inviting
Authority as
notified at Venue mentioned to drop EOI in Sealed cover. The
Bidders
shall submit EOI with all documents of Technical Bid in a
separate
sealed cover duly super scribing as “1. TECHNICAL BID FOR
“AKPB
NALGONDA” and Price Bid in a separate sealed cover duly
super
scribing as “2. PRICE BID FOR “AKPB NALGONDA” with name and
address of the Bidders. Put the both covers in a third cover
duly super
scribing “BID FOR AKPB EOI NO: 30/AKPB/NALGONDA/2018-19”
and same shall be Dropped in Box kept at O/o The TSAIDCL,
#Block
No. 301, 3rd Floor, Swarnajayanthi Commercial Complex,
Ameerpet,
Hyd-500038 within the date and time stipulated in the EOI.
B. The Bidders shall submit their eligibility, qualification
details, Technical
bid, and financial bid etc in standard formats along with
supporting
document copies in support of their bids. The bidder shall sign
on all the
statements, documents, certificates, submitted by him,
owning
responsibility for their correctness / authenticity. The Bidders
shall
submit during the bid submission as per the EOI Notice and
Bid
Document.
22.2 SUBMISSION OF EMD/DOCUMENTS
At the time of submission of bids, the Bidders are requested to
submit the
originals of DD towards EMD and EOI document cost and along with
other
documents at place mentioned within the date and time specified
in EOI
notification either personally or through special messenger and
drop the
same at box kept for Bid at O/o the TSAIDCL, #Block No: 301, 3rd
floor,
Swarnajayanthi Commercial Complex, Ameerpet, Hyderabad -38,
with
within the stipulated time and it is the own responsibility of
Bidders.
TSAIDCL shall not take any responsibility for any delay or
non-receipt. If
any of the documents furnished by the Bidders are found to
be
false/fabricated/bogus, such Bids will be summarily rejected and
the EMD
will be forfeited.
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22.3 DOWNLOAD EOI DOCUMENT FROM WEBSITE:
The Bidders are requested to download the EOI Document from
website:
www.tsagros.org or in person may be obtained from the Registered
Office
of TSAIDCL, situated at #Block No: 301, 302, 3rd floor,
Swarnajayanthi
Commercial Complex, Ameerpet, Hyderabad - 38 between 10:30 AM to
5:00
PM on all working days on payment of the amount mentioned
against each
EOI Schedule cost in the shape of Demand Draft of Rs. 5,000/-
(Rupees Five
thousand) and read all the terms and conditions mentioned in the
EOI
Document and seek clarification, if any, from the EOI Inviting
Authority.
The Bidders have to keep track of any changes by viewing the
Addenda/Corrigenda issued by the EOI Inviting Authority from
time-to-
time, in the www.tsagros.org website/daily news papers for which
EOI
Published. The Department calling for EOI shall not be
responsible for any
claims/problems arising out of this.
General Terms & Conditions as per EOI Document
ABBREVIATIONS: AKPB - Agro Karshak Petrol Bunk
EMD - Earnest Money Deposit
EOI - Expression of Interest
FSD - Fixed Security Deposit
TSAIDC L - Telangana State Agro Industries Development
Corporation Limited, Hyderabad
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DETAILS OF EOI NOTIFICATION
EOI NO: 30/TSAGROS/EOI/NALGONDA/ AKPB/2018-19, dated:
14-02-2019
PREAMBLE
Telangana State Agro Industries Development Corporation Limited
(TSAIDCL),
is very much interest to develop the financial strength through
its activity duly
establishing the AGRO KARSHAK PETROL BUNKS business. For
better
performance and development of business in financial activity,
it is decided by
the TSAIDCL to take services of the Service Provider.
A. The EOI is for appointment of Service Provider for running
AKPB for dispensing Fuel, other allied products sales and other
related activities including day to day
operation and maintenance of Fuel Outlets of TSAIDCL its Agro
Karshak Petrol Bunks.
B. TSAIDCL reserves the right to accept any Bid or reject/cancel
any bid or all the Bids received in response to this EOI
notification at any stage without assigning any reasons
whatsoever.
C. The validity of EOI is 90 days.
TERMS AND CONDITIONS OF THE EOI
GENERAL
1. Bidder is required to read carefully the contents of this
document and is expected to examine all instructions, forms, terms
and conditions in the EOI documents. Failure to furnish all the
information required as per the EOI document or submission of EOI
not substantially responsive to the EOI documents in every respect
will be at the Bidders’ risk and may result in rejection of the
EOI.
2. The EOI must be submitted in the prescribed EOI Form along
with requisite EMD and EOI document cost in the Technical Bid cover
only as notified in the EOI
document within the date and time given.
3. The EOI once submitted shall not be permitted to be
withdrawn. The TSAIDCL shall not be responsible for the delay in
finalizing the EOI for administrative reasons or for the reasons
beyond its control viz., Court directive etc.
4. Any Individual/person/Agency/Organization, who/which was a
licensee to the TSAIDCL in the past and was terminated due to
default in payment or for any other reasons and any existing
licensee, who defaulted in payment of license fee
equivalent to 6 months and above in the present license on the
date of submission of this EOI, is disqualified from participating
in this EOI.
5. The Bidders shall also submit DD for an amount of Rs. 5,000/-
(Five thousand Rupees only) towards EOI document Cost.
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6. EARNEST MONEY DEPOSIT
The Earnest Money Deposit is to be furnished as under:
A. The Bidder shall submit the Earnest Money Deposit in the form
of Demand Draft, drawn in favour of “TELANGANA STATE AGRO
INDUSTRIES
DEVELOPMENT CORPORATION LIMITED” payable at Hyderabad shall be
submitted in the Technical Bid cover only as a part of his/her BID
drawn from any nationalized bank. EOI without EMD shall be rejected
as being non responsive.
B. The EMD of the unsuccessful Bidder will be returned only
after finalization of the EOI/Bidder. The TSAIDCL shall not be
responsible for any delay in refund of EMD due to any reason in
finalizing EOI i.e., Administrative reasons / Court directive
etc.
C. The EMD of the successful Bidder will be adjusted towards in
the Fixed Security Deposit (FSD) payable to the TSAIDCL towards its
AKPB for successful bidder.
7. THE EMD OF THE BIDDERS WILL BE FOREFITTED UNDER THE FOLLOWING
CIRCUMSTANCES.
A. When the EMD is less paid than what is stipulated in EOI.
B. When the EMD is paid through other means i.e., in a manner
other than what is stipulated in the EOI Notification.
C. When EOI document form with pre-conditions or additional
conditions is submitted.
D. When the EOI is submitted in an unconcerned EOI document
form.
E. When the EOI is submitted for the business other than that
notified in the EOI Notification.
F. When the EOI document form is submitted by a minor. However,
in case the EOI is submitted on behalf of a minor, necessary proof
of guardianship shall be submitted, failing which EOI will be
rejected.
G. When the EOI form is submitted by the person as stated vide
clause 4
above.
H. When the BID form is rejected as per the clause 8 (D).
I. When the successful Bidder fails to furnish FIXED
SECURITY
DEPOSIT (FSD) (other than EMD) within 10 (TEN) days from the
date of issue of letter of allotment of the contract.
J. When the successful Bidder backs out from taking up of the
contract within the stipulated period, for whatsoever reason.
K. When the successful Bidder fails to enter into agreement with
the TSAIDCL with in 10 (TEN) days from the date of issue of
allotment letter for the contract.
L. Non enclosure of requisite documents.
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8. SUBMISSION OF BID
A. Before submission of the EOI, Bidders are required to make
themselves fully conversant with the terms and conditions, so that
no ambiguity arises at a later date in this respect.
B. If the Bidder finds discrepancies in EOI document and its
conditions or if he/she is in doubt as to their meaning, he/she
should at once intimate and obtain clarification prior to
submission of the EOI.
C. If the EOI is submitted on behalf of Individual/ firm, name
of the person representing the firm along with designation shall be
mentioned in the Bid from below the firm’s name. Also proof of
authorization shall be enclosed.
D. The EOI document form shall be filled in all respects and
shall be signed by the Bidders. The Bidders should ensure that
their offer is submitted on the due date and time.
E. Incomplete EOI or EOI not fulfilling any of the conditions
specified above are liable to be rejected without assigning any
reason.
9. DOCUMENTS REQUIRED FOR QUALIFICATION:
A. A Demand Draft for Rs. 5,000/- (Five thousand Rupees only)
towards EOI document cost which is non refundable.
B. Earnest Money Deposit (EMD) Rs.5,00,000/- (Rupees Five Lakh
only)
C. Application form duly filled and signed as indicated at
Annexure-IV.
D. All the papers of EOI document with terms and conditions duly
signed by the Bidders on each page as a token of acceptance of all
the terms and conditions.
E. Photo Id in case bidder is an individual.
F. Self attested copy of PAN/TAN card, and GST registration of
the Bidders.
G. A certificate in original:
i. From an Independent Chartered Accountant on the turn over for
the reference years i.e., 2015-16, 2016-17 & 2017-18 shall be
submitted. (Not applicable for Individuals)
ii. Copy of Profit and Loss Account and Balance sheet duly
certified by the Auditor for 3 years shall be submitted. (Not
applicable for Individuals)
H. IT/ Returns duly filed for FYs 2015-16, 2016-17 & 2017-18
with computation details.
I. Articles of Association / Memorandum of Association (in case
of registered companies), By laws and certificates for registration
(in case of registered co-operative societies), Registered
Partnership deed (in case of partnership firm), relevant
Registration Certificates/ Deeds (in case of
individuals/Proprietorship).
J. Power of Attorney/Authority Letter to sign the EOI Document
as applicable.
K. The Bidder should be an Individual/sole
proprietorship/registered Firm/partnership firm/registered
Cooperative Society/Company incorporated
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under Companies Act in any business for not less than 3 years
ending 2017-18 (Financial Year). (Firms & Companies only)
L. Any other document required as per the EOI conditions.
10. The EOI must be unconditional. Conditional offers will be
summarily rejected.
11. AMENDMENT OF EOI DOCUMENT:
At any time prior to the Proposal Due Date, TSAIDCL may, for any
reason, whether at its own initiative or in response to
clarifications requested by a
Bidder, modify the EOI Document. Any modification thus issued
will be informed to all the prospective bidders by notifying on
TSAIDCL website www.tsagros.org. Such modification will be binding
upon all bidders participating in EOI process.
12. FINANCIAL BID:
The Bidders shall submit the document copies of the Financial
Bid (commercial
template) as mentioned at Annexure-V at venue mention in the O/o
TSAIDCL
office, Block No 301, 3rd floor as per the time and date mention
in the EOI. No
other format / preformed shall not be accepted.
13. PERIOD OF CONTRACT
The Contract will be awarded for a period of 30 (thirty) years
among the qualified Bidders. For those lease sites the contract
period of the Service
Provider is limited to agreement period of the lease site (for
particular cases only).
14. ELIGIBILITY / QUALIFICATION CRITERIA:
A. The participants in EOI shall be an individual/ sole
proprietorship/ registered Firm/ partnership firm/ registered
Cooperative Society/Company incorporated under Companies Act/Joint
Venture and produce relevant registration certificate
accordingly.
B. Further to be eligible to participate in this EOI, the
intending bidder firm must have annual turnover from business more
than Rs. 1-00 Crore in any
one year of the FYs 2015-16, 2016-17 & 2017-18. C. INCOME
TAX: IT returns filed for previous 3 immediate years with
computation details by both the individual and others. D. Fund
requirement eligibility for Fixed Security Deposit shall be
submitted
through Solvency Certificate/ Bank Deposit Certificate equalent
to FSD after the date of advertisement to be obtained from a
Nationalized Bank/Scheduled Commercial Bank as applicable for the
purpose of eligibility.
15. CRITERIA FOR SELECTION AND FINALIZATION:
A. The Bidder who accepts equal amount of Fixed Security Deposit
(FSD) with a condition, i.e., the bidder who quotes lowest
percentage of share on current fixed margin, less than or equal to
60% on margin expected to be paid by the TSAIDCL on the current
margin for litre in HSD & MS will be awarded the contract.
B. The percentage of share shall be paid to the successful
bidder, if any after deducting of all kind of expenditures incurred
for successful running of the AKPB. The TSAIDCL shall pay the
Service Provider’s share on the receipt of
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the current margin from the Oil Company per litre in MS and HSD
as fixed time to time.
C. If more than one qualified bidder quotes equal percentage on
margin, then the TENDER COMMITTEE will negotiate/draw of lots with
the Bidders and make recommendations for the allotment to the
competent authority.
D. When the successful Bidder fails to enter into agreement with
the TSAIDCL within stipulated time from the date of issue of
allotment letter for the contract, in such case the allotment is
assumed to be cancelled as per EOI
terms and conditions. Then duly forfeiting such bidder EMD and
the same may be awarded to next Bidder as on the negotiation and
recommendation of the TENDER/EOI COMMITTEE.
16. BIDDERS RESPONSIBILITY:
The following due diligence/deliberation is the sole
responsibility of the Bidder:
A. The Bidder may assess the expenses/potential of the outlets
within area of AKPB. Bidder shall carry out his/her own
study/assessment of the volumes and accordingly quote the
percentage of share on current fixed margin. No claims of
whatsoever are permissible on account of volume realisation.
B. The Bidder is expected to examine carefully the contents of
all the documents provided. Failures to comply with the
requirements of EOI document will be at the Bidder own risk.
C. It would be deemed that prior to the submission of EOI, the
Bidder has:
i. Made a complete and careful examination of requirements, and
other information set forth in this EOI Document.
ii. Made a complete and careful examination of the various
aspects of the agreement of this EOI Document.
D. TSAIDCL shall not be liable for any mistake or error or
neglect by the Bidder
in respect of the above.
17. OPENING AND EVALUATION OF BIDS:
A. The EOI’s will be evaluated at the TSAIDCL Office. TECHNICAL
BIDs will be evaluated on 25.02.2019 from 03.00 PM PRICE BIDs will
be evaluated on 28.02.2019 from 03.00 PM.
B. In the event of the date specified for evaluation of EOI
being declared as a holiday for TSAIDCL’s office, the due date for
evaluation of EOI’S will be the following next working day.
C. The maximum share allotted to the service provider is 60% on
the current fixed margin per litre in HSD and MS, other allied
products sales and other
related activities. The Contract will be awarded to the lowest
quoted bidder (L1), who quotes less than or equal to 60% which is
the maximum share allotted, after negotiations and recommendations
made by TENDER/EOI COMMITTEE constituted for this purpose.
AND The Bidder, who accepts the Fixed Security Deposit (FSD)
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[Note: Even though the Bidders meet the requirements, they are
subject to be
disqualified at any stage if they have made misleading or false
representations in
the forms, statements and attachments submitted in proof of the
requirements /
qualification.]
18. BID/EOI EVALUATION COMMITTEE A. The EOI EVALUATION COMMITTEE
constituted by the TSAIDCL shall evaluate
the Bids. The decision of the Tender/EOI Evaluation Committee in
the evaluation of the Bids shall be final. No correspondence will
be entertained outside the process of negotiation/discussion with
the Committee.
B. The committee have the authority to review and take decision
for finalisation of the Contract allotment, in case of previous
default history in such business by the participating bidder.
C. Any approach from the Bidders representative or his
Contractor, trying to influence the decision on the EOI calling
Authority, officially or otherwise,
shall render the Bid liable to be summarily rejected. The EOI
committee has been empowered to take the final decision regarding
the Bid.
19. AMENDMENT OF EOI DOCUMENT:
At any time prior to the deadline for submission of proposals,
TSAIDCL may for any reason, whether at its own initiative or in
response to a clarification requested by prospective Bidders modify
the EOI Document by issuing an addendum. Any Addendum issued by the
TSAIDCL will reflect in the www.tsagros.org to provide reasonable
time to the prospective Bidders to take an addendum into account
while preparing their proposals, the deadline for submission of
proposals may be extended, at the discretion of the EOI
inviting
Authority, if required.
20. ALLOTMENT OF CONTRACT
As per the recommendations of the Committee, the contract will
be allotted to
the successful Bidder. The successful Bidder shall enter into an
agreement with the TSAIDCL within 10 days from the date of issue of
letter of allotment of the contract.
21. TERMINATION OF EOI PROCESS
The TSAIDCL may terminate the EOI process at any time and
without assigning any reason. TSAIDCL makes no commitments, express
or implied, that this process will result in a business transaction
with anyone.
UNDERTAKING: I/we have gone through the EOI Documents and
accepted all the terms and condition of the EOI and bound by the
conditions given in the document as well as scope of work. That we
agree that any EOI may be rejected if the competent authority feels
that the response to EOI is not qualified enough for the selected
bidder to execute the project.
Seen, Read and Accepted.
Signature of the Bidder
http://www.tsagros.org/
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Signature of the Bidder 16 of 42 FOR TSAIDCL
GENERAL AGREEMENT CONDITIONS OF THE CONTRACT
1. NATURE OF CONTRACT
To provide services for operating and maintaining retail fuel
outlet of TSAIDCL at location specified in Annexure-II i.e.,
dispensing FUEL, OTHER ALLIED PRODUCTS SALES and other related
activities including day to day operations for running of Agro
Karshak Petrol Bunks. The percentage of share shall be paid to the
Service Provider, if any after deducting of all kind of
expenditures incurred for successful running of the AKPB. The
TSAIDCL shall pay the Service Provider’s
share on the receipt of the current margin from the Oil Company
per litre in MS and HSD as fixed time to time.
Note: [The list of the outlets is indicative only. The allotment
of operation of
outlets would be subject to obtaining NOC for the outlet
specified. The outlets
will commence the outlet specified is in the process of
obtaining NOC and
construction of the fuel Outlets will take time. The entire
process of completion
of commencement of all the outlets notified may take a period of
06 months.
The Service Provider shall commence the operation of the fuel
outlets as
intimated to him by the TSAIDCL from time to time].
2. PERIOD OF CONTRACT:
The period of contract is for 30 (Thirty) Years. The operation
of the fuel outlet would be subject to obtaining NOC. Separate
Agreement has to be entered outlet wise. For those lease sites the
contract period of the Service Provider is limited to agreement
period of the lease site (for
particular cases only).
3. EVALUATION OF CONTRACT:
A. The Bidder who quotes lowest percentage on current fixed
margin, less than or
equal to 60% on margin expected to be paid by the TSAIDCL per
litre of HSD
and MS (separately) indented and for operation and maintenance
of Fuel Outlets
keeping in view the current margin that is given by Oil
Companies. (The
Current margin as on date on the sale of the MS and HSD per
litre.)
tentatively.
A. The Proforma of the Financial Bid (commercial template) is
given at
Annexure-V. The Bidder shall submit the copy of the Financial
Bid
(commercial template) as mentioned at Annexure-V in EOI. No
other
format/proforma accepted. All the hard copies of the financial
bid shall be
submitted in the financial Bid Cover at venue mentioned in the
office while
submitting other hard copies as specified).
B. The contract shall be allotted to the Bidder who quotes
lowest percentage of
share or equal to current fixed margin. If more than one
qualified Service
Provider quotes equal percentage of share on current fixed
margin, the
successful bidder will be decided through negotiations or draw
of lots by the
tender committee.
C. The Bidder shall assess the expenses/potential of the outlet
within location
mentioned. The volumes mentioned against outlet (Annexure-III)
are
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Signature of the Bidder 17 of 42 FOR TSAIDCL
estimated quantities and the actual volumes can vary. Bidder
shall carry out
his/her own study/assessment of the volumes and accordingly
quote the
percentage of share on margin. No claims of whatsoever are
permissible on
account of volume realization.
4. ELIGIBILITY CRITERIA
A. The Bidder should be a Sole Proprietorship/Registered
Firm/Partnership
Firm/Registered Cooperative Society/Company incorporated under
Companies
Act, in any business, for not less than 3 years ending 2017-18
(Financial Year)
with a turnover of 1 Crore in any one year. For individual,
three year annual
returns shall be submitted. B. The Bidder should be registered
under GST, furnish the GST Number and
should have been registered with Income Ta x, and other
statutory bodies.
C. Should produce
i. Articles of Association/Memorandum of Association (in case of
registered companies), By laws
ii. Certificates for registration (in case of registered
co-operative societies)
iii. Registered Partnership deed (in case of partnership
firm)
iv. Relevant Registration Certificates/Deeds (in case of
individuals/Proprietorship).
D. THE SERVICE PROVIDER HAS TO SUBMIT THE FOLLOWING COPIES
OF
CERTIFICATES ALONG WITH TECHNICAL BIDS.
i. The Bidder should be an Individual/Sole Proprietorship/
Registered Firm/
Partnership Firm/Registered Cooperative Society/ Company
incorporated
under Companies Act and produce relevant registration
certificate
accordingly.
ii. A Demand Draft for Rs. 5,000/- (Five thousand Rupees only)
towards
EOI document cost which is non refundable.
iii. Application form duly filled and signed as indicated at
Annexure-IV.
iv. All the papers of EOI document with terms and conditions
duly signed by the
Bidders on each page as a token of acceptance of all the terms
and
conditions.
v. Photo Id in case bidder is an individual.
vi. GST registered copy
vii. Pan Card/TAN card copy
viii. IT Returns for 3 Assessment years ending financial year
2017-18 with
statement of Calculations of Income.
ix. Power of Attorney/Authority Letter to sign the EOI Document
as applicable.
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Signature of the Bidder 18 of 42 FOR TSAIDCL
x. The bidder shall submit EMD as under :
1. NALGONDA: Rs. 5,00,000/- as EMD
The EMD shall drawn in favour of “TELANGANA STATE AGRO
INDUSTRIES
DEVELOPMENT CORPORATION LIMITED” as a part of his/her EOI
drawn
from any nationalized bank and same DD Shall be submitted in
Technical
Bid cover only, as a part of his/her EOI (format of the EMD is
at Annexure-I).
The EMD of the successful Bidder will be retained by the TSAIDCL
and the same
amount shall be added to Fixed Security Deposit (FSD) for the
entire period of
contract, which shall not bear any interest. The Successful
Service Provider shall
have to submit the balance Fixed Security Deposit (FSD) for the
remaining
contract period, as per notified in the EOI document.
xi. Turn over details of last 3 financial years ending Financial
Year 2017-18,
certified by a CA, supported by a Copy of Profit and Loss
Account and Balance
sheet duly certified by the Auditor with stamp/name &
membership number.
(Not applicable for Individuals)
xii. Articles of Association / Memorandum of Association (in
case of registered
companies), By laws and certificates for registration (in case
of registered
co-operative societies), Registered Partnership deed (in case of
partnership
firm), relevant Registration Certificates/ Deeds (in case of
individuals/Proprietorship).
xi. Any other document required as per the EOI conditions.
E. The Successful Bidder is required to submit a valid labour
license from
the Competent Authority under the provisions of the Contract
Labour
(Regulation and Abolition Act, 1970) and Rules, 1971. The
successful
BIDDER shall submit the ESI Registration & EPF Registration
before
commencement of the contract.
5. PROVIDING SERVICE/SUPPORT BY THE SERVICE PROVIDER
A. To effect physical delivery of the Petroleum products for
sale dispensed
through the said Retail Outlet at the rates fixed by the Oil
Companies from
time to time.
B. The Service Provider shall be responsible for payment and
procurement of
fuel for operation of the fuel outlet through TSAIDCL to Oil
Company.
C. The Service Provider shall operate and maintain the Fuel
Outlets duly
engaging the required Manpower. The Service Provider shall
provide
adequate manpower to cover all activities (should not provide
less
manpower). The Capping on the Cost of the Man power will be
decided on the basis of locations, labour Wages policy and
number
of persons employed. Revenue sharing will be done on net
income
after deducting operational cost of manpower, electricity and
water
from the gross income.
D. The Service Provider shall be responsible for payment to
staff engaged by
them for carrying out the operation and maintenance of the
outlet at his
own cost. The Service Provider would ensure compliance of all
the Labour
Laws and shall be responsible for any liability arising out of
non-compliance
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Signature of the Bidder 19 of 42 FOR TSAIDCL
of Labour Laws/Statutory requirements with regard to the staff
engaged by
him for operation of the outlet. TSAIDCL will not be liable or
responsible for
any default that may arise due to non observance of laws/rules
on the part
of the service Provider.
E. The Successful Bidder shall commence the operation of fuel
outlets within
30 days of allotment of outlet by TSAIDCL. The allotment of the
outlet
means Agro Karshak Petrol Bunk, when it is ready to functioning.
Beyond
30 days a penalty of Rs.10,000/- (Ten thousand) per day will be
levied
for a period of 7 days and after that the Allotment order will
be
cancelled. In case the successful Bidder fails to commission the
outlet/s
after initial allotment, the entire EMD will be forfeited and
TSAIDCL reserves
the right to get the work done through alternate sources.
F. The successful Bidder shall operate the allotted fuel outlet.
The Service
Provider shall not be permitted to withdraw from operation of
allotted fuel
outlet.
G. When the Agro Karshak Petrol Bunk (AKPB) is ideal or not
functioning in any reason whatsoever, the mandatory
expenses,
etc., if any shall be paid by the Service Provider. The
Service
Provider has to deposit the same amount with TSAIDCL as on
when
given the notice. If any delay may occur, then the same
expenditure
amount as per the share should be deducted from the Service
Provider’s Fixed Security Deposit (FSD).
H. The TSAIDCL shall have the right to operate or not to operate
fuel outlet
depending upon its exigencies. The Service Provider shall not
have any right
or objection in this regard. The Service Provider shall not
claim any charges
for loss of his/her business on the account of such non
operation.
I. The Service Provider shall be responsible for any damage
to
equipments, property and third party liabilities caused by acts
on part
of its deployed manpower at TSAIDCL premises. All equipment
shall be
used only for the purpose of carrying out legitimate business of
TSAIDCL
and will not be put into any other use. For any established
damage,
the extent of damage as decided by TSAIDCL will be final and
binding on the
Service Provider and it will be adjusted from its receivables
like Fixed
Security Deposit (FSD).
J. Staff deployed by the Service Provider shall be courteous,
polite and
cooperative. The Service Provider shall verify the character
antecedents
before deploying any person at the Fuel Outlets. The service
provider
and his/her staff shall follow all Service standards as
prescribed by the Oil
Company and the TSAIDCL.
K. The Service Provider shall ensure observance of all the
Quality and Quantity
Control norms as per Marketing Discipline Guidelines issued by
Ministry Of
Petroleum from time to time and any subsequent guidelines. The
Service
Provider shall not contravene State Petroleum Products
(Licensing and
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Signature of the Bidder 20 of 42 FOR TSAIDCL
Regulations of Supplies) Order, 1980 or any other order relating
to
Petroleum Products issued under the Essential Commodities Act,
1955
(central Act 10 of 1955). The Service Provider shall abide by
the provisions
of the Petroleum Act, 1934 and the Explosives Act, 1884 and any
statutory
re-enactment or modification thereof for the time being in force
and the
rules and regulations framed there under as also any other laws,
rules or
regulations either of the Central/State Government. The Service
Provider
shall also abide by the instructions issued by the Oil Company
from time to
time.
L. The Service Provider shall be responsible for proper upkeep,
cleanliness and
house-keeping of the outlet.
M. The Service Provider shall operate the outlet only in the
name of the
“TSAIDCL” and shall not operate the same under his/her name and
style or under any other name. The Service Provider should not
claim ownership on the product or other equipment.
N. The Service Provider shall be granted permission to enter
upon the site only
for conducting the business at the retail outlet in the name of
the
“TSAIDCL” and for no other purpose.
O. The premises of the retail outlet shall be in the possession
of the TSAIDCL
and one or more representative of the TSAIDCL shall always have
the right
to be in the premises of the outlet.
P. The Service Provider is solely responsible for the safety of
the persons
engaged by him/her for operation and maintenance of Fuel
Outlets.
Q. Electricity, Water, maintenance of all tools and equipment
and other
expenses for running the retail outlet shall be borne by TSAIDCL
&
Service Provider in the ratio of the share agreed upon at the
end of
the tender process.
R. The Service Provider shall follow the instructions issued
from time to
time by the Oil Company in connection with safe practices
and
Decanting procedure of the Petroleum Products. If any
shortages
arise before or after decanting, the same shall be written on
the
Invoice and the Service provider shall follow up with the
Oil
Company for reimbursement of the same. All necessary safety
precautions like proper earthing etc., decantation of
respective
product from the tank truck to the respective product
underground
tank etc should be taken while decanting / delivering the
petroleum
products and any loss arising out of such operations should be
borne
by the Service Provider. The record of the density on a daily
basis
should be promptly maintained in the prescribed mandatory
records.
S. To maintain proper & correct accounts of the transactions
carried out at the
outlet each day as specified in the Marketing Discipline
Guidelines issued by
Ministry Of Petroleum.
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Signature of the Bidder 21 of 42 FOR TSAIDCL
T. To coordinate with the Weights & Measures department for
initial
stamping and thereafter yearly/periodical stamping of
dispensing
units. One designated employee of the TSAIDCL shall oversee
the
stamping activity. The actual expenses will be reimbursed by
the
TSAIDCL, on production of the original bills.
U. To arrange for effective operation of air/water and other
customer oriented
facilities.
V. To check the dispensing pumps to ensure delivery of correct
quantity
of MS & HSD on daily basis before start of sales and, in
addition, if a
complaint is received at any time of the day. In case of
variation in
delivery of product, the sales from such pumps should be
stopped
immediately and inform the TSAIDCL and the concerned oil
company
in writing. Totaliser seals and W&M seals should be
inspected
everyday and in case damage is observed, sales should be
stopped
immediately from such dispensing pumps and status to be
conveyed
to the TSAIDCL and the concerned oil company in writing.
W. The Service Provider is responsible for handling the
lubricants and allied
products at the outlet. Wherever required the operator shall
deploy additional
manpower for sale of Lubricants. TSAIDCL will decide the quantum
of margin
on sale of these lubricants, from time to time. At any point of
time, the
service provider shall only sell products pertaining to the Oil
Company which
the outlet belongs to and not of any other Oil Company.
X. Quality control equipment i.e., Hydrometer, Thermometer
and
Measuring Jar as well as quantity measuring equipment like
Weights
& Measures duly calibrated and stamped 5 litre measure jars
should
always be maintained in good condition.
Y. To provide adequate security for the said Retail Outlet and
ensure that
there is no unauthorized occupancy or encroachment of outlet
premises.
The Service Provider is solely responsible for the safety of the
entire Retail
outlet premises in all respects especially while handling
receipt and
dispensing of petroleum products (as per norms) and protect the
interests
of the TSAIDCL and the motoring public. Any loss arising out of
such
operations shall be borne by the Service Provider.
Z. To maintain the quality of MS and HSD as specified by the
concerned Oil
Companies.
6. PROCEDURE FOR PLACING INDENT TO THE OIL COMPANY
A. Upon receiving notice of completion from Oil Company, the
TSAIDCL will
allot the fuel outlet and the Service Provider will place indent
for 4 KL MS
and 4 KL HSD, which is required for testing and stamping
purpose. These
activities may take at least 15 days before the Oil Company hand
over the
retail outlet for regular operation. No claim of whatsoever will
be admissible
for delay, if any beyond these 15 days.
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Signature of the Bidder 22 of 42 FOR TSAIDCL
B. For the further requirement of oil, indent for the fuel for
all the outlets shall
be placed by the Service Provider on behalf of the TSAIDCL and
send a copy
of the same to the designated employee of the TSAIDCL.
C. The TSAIDCL will transfer the amount to the Oil Company for
the
supply of the Petroleum Products. The certified invoice for
the
stock received along with the underground oil stock shall be
mailed
to TSAIDCL on day-to-day basis.
D. Any delay in transfer of Amount to the Oil Company Account is
the
responsibility of TSAIDCL. Any penalties or additional charges
imposed by
Oil Company for delay of payment shall be borne TSAIDCL
E. Any delay in transfer of Amount to the TSAIDCL Account, it is
the
responsibility of Service Provider as per EOI/contract
agreement. Any
penalties or additional charges imposed by Oil Company for delay
of
payment shall be borne Service Provider as per EOI/contract
agreement.
The Service Provider shall ensure that the outlet should not go
dry
for want of placement of indent. There has to be smooth
operations
of all the Fuel Outlets.
F. In order to ensure smooth flow of data and handling of
various activities, a
software package may be developed by TSAIDCL to enable
centralized handling. The service provider need to familiarize
with the
same and ensure that all required data sharing happens online as
per the
requirements of the TSAIDCL.
G. The Service Provider shall operate TSAIDCL Account POS
machines at the
outlets for the cashless transactions.
7. PAYMENT OF FIXED SECURITY DEPOSIT (FSD) AND ENTERING INTO
AGREEMENT:
A. FIXED SECURITY DEPOSIT (FSD)
The EMD of the successful Bidder will be adjusted in Fixed
Security Deposit
payable to the TSAIDCL irrespective of commencement of the
outlets. The
Balance Fixed Security Deposit has to deposit duly deducting the
EMD paid to
TSAIDCL within the Time given for deposit from the date of issue
of letter of
allotment.
B. FIXED SECURITY DEPOSIT (FSD)
The Service Provider shall have to submit as per the value
notified in the
advertisement (as per Annexure II), within 10 days from the date
of issue of
letter of allotment. The total FSD is lay with the TSAIDCL till
the period of the
contract.
C. RELEASE OF FIXED SECURITY DEPOSIT (FSD)
The TSAIDCL will return the FSD after one month of successful
completion of
agreement period and settlement of dues, if any.
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D. The TSAIDCL shall have the right, at any time and to adjust
the FSD amount
towards the due amounts payable to the TSAIDCL, if the Service
Provider
defaults for breach of any terms and conditions of the
agreement.
E. The Service Provider shall execute an agreement as stipulated
by the TSAIDCL
duly paying applicable stamp duty within 10 days from the date
of issue of
letter of allotment. He shall abide by observe and fulfil all
the obligations as
imposed under the agreement.
F. In case, the successful Service Provider fails to furnish
Balance FSD within 10
days from the date of issue of letter of allotment and/or fails
to enter into
agreement with the TSAIDCL within 10 days from the date of issue
of letter of
initial allotment, TSAIDCL shall have the right to forfeit the
EMD amount in
favour of the TSAIDCL.
G. The Service Provider has to give his services with his staff
for smooth and
successful running of AKPB. The Service Provider has to take the
incentive for
improvement of the business without loss. The percentage of
share shall be paid
from the Oil Company margins fixed charges after deducting the
mandatory
expenditures, etc., likely to incur for the business
transactions.
H. The TSAIDCL has the right to terminate contract, if the
Service Provider fails to
run the Business for 15 days for continuously. The TSAIDCL shall
have all rights
to terminate Service Provider on any other ground, whatsoever in
nature duly
forfeiting the FSD.
8. PAYMENT TERMS
A. The TSAIDCL shall pay the Service Provider’s share from the
receipt of
the amount from the Oil Company margins as per the Service
Provider/successful Bidder quoted the percentage of margin
inclusive of
all taxes, Income Tax, GST and other GST TDS, if any as per
Government
Acts and rules after deducting of all kind of expenditures
incurred on
AKPB from running Business per litre of HSD and MS
(separately)
indented from the current margin given by Oil Companies.
B. The Current margin as on date on the sale of the MS and HSD
per litre.
C. Any incentive accrued over and above the projected volume
will be
released to the Service Provider as per the Oil Company
norms.
D. The Service Provider shall submit the percentage of share on
margin bill in
triplicate separately along with incentive claims if any, in
respect of a particular
month by 5th of the next month. The payment will be released by
10th of the
month subject to production of documentary evidence with a
summary
statement i.e., Invoice no/Quantity/Date/Amount.
E. All payments to Service Provider will be made subject to
deduction of Income
Tax (Tax deduction at Source) as per the Income- Tax Act, 1961,
GST and other
taxes GST TDS if any as per Government of India Acts and
rules.
F. Payment will be made within 10 working days of submission of
bills through
RTGS.
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Signature of the Bidder 24 of 42 FOR TSAIDCL
9. GENERAL CONDITIONS:
A. The selected Service Provider can transfer the work to any
other third
party duly getting approval from TSAIDCL after completion of
Five (05)
years. Transfer fee will be 2% subject to a minimum of Rs. 1-00
lakh on
transfer transaction shall be remitted to TSAIDCL by the
existing Service
Provider for facilitating transfer to others.
B. The personnel appointed by the Service Provider should be
polite, cordial, positive
and efficient, while handling the assigned work. The Service
Provider shall be
bound to prohibit and prevent any of employees from being
intoxicated while on
duty, trespassing or acting in any detrimental or prejudicial to
the interest of the
TSAIDCL. The decision of the officer designated by the TSAIDCL
upon any matter
arising under the clause shall be final and binding on the
Service Provider.
C. The Service Provider shall not engage Child labour.
D. The Service Provider has to provide Photo Identity Cards and
Uniform to the
persons employed for carrying out the work.
E. The persons engaged by the Service Provider shall be the
employee of the Service
Provider and it shall be the duty of the Service Provider to pay
their salary every
month and to provide weekly offs. The Service Provider will be
wholly and
exclusively responsible for payment of wages to the persons
engaged by them in
compliance of all the statutory obligations under all related
legislations as
applicable to them from time to time including Minimum Wages
Act, Employees
Provident Fund, ESI Act etc. and TSAIDCL shall not incur any
liability for any
expenditure whatsoever on the persons employed by the Service
Provider on
account of any obligation. The Service Provider shall comply
with all statutory
provisions.
F. The Service Provider shall comply all the rules and
regulations under Weights and
Measures Act, shall cooperate with the authorities to provide
samples and also be
liable to any action in case of short comings in the provisions
of the act noticed by
the appropriate authorities.
G. The Service Provider shall ensure compliance of all fire
safety measures and
comply with all the safety provisions. He/she shall ensure
training of personnel in
fire safety measures.
H. The Service Provider shall be contactable at all times and
messages sent by phone
/e-mail/ fax / special messenger from TSAIDCL shall be
acknowledged
immediately on receipt on the same day. The Service Provider
shall strictly
observe the instructions issued by the TSAIDCL in fulfilment of
the contract from
time to time.
I. TSAIDCL shall not be liable for any loss, damage, theft,
burglary or robbery of any
personal belongings, equipment or vehicles of the personnel of
the Service
Provider.
J. That the Service Provider on their part and through their own
resources shall
ensure that the goods, materials and equipments etc. are not
damaged in the
process of carrying out the services undertaken by them. If the
TSAIDCL suffers
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Signature of the Bidder 25 of 42 FOR TSAIDCL
any loss or damage on account of negligence, default or theft on
the part of the
employees/agents of the Service Provider, then the Service
Provider shall be liable
to reimburse the cost of the damages or loss sustained by the
TSAIDCL for the
same. Any accident/ casualty occurred during the course of
working to any
personnel engaged by the Service Provider; the liability that
will arise out of the
accident shall be borne by the Service Provider. The
responsibility will remain with
Service Provider and TSAIDCL will no way be responsible for it
or any other clause
mentioned above.
K. The Service Provider shall comply at all times with all
statutory and other
requirements for ensuring the health, safety and welfare of the
persons
deployed.
L. The Service Provider shall pay all local and other taxes,
rates and other levies in
respect of Service Provider, to the Govt. or any local
authority
M. The Service Provider shall indemnify TSAIDCL for any loss,
damages, fines,
premium, levies, costs, charges, expenses, loans and borrowings
that the
TSAIDCL may suffer or incur on account of breach of any law,
rules and
regulations of the Government or any local authority or breach
of any term or
covenant of the contract.
N. That if any amount is found payable by the Service Provider
towards statutory
dues in respect of personnel or any loss to the TSAIDCL
property, the same shall
be adjusted from the FIXED SECURITY DEPOSIT (FSD) of the extent
of the
amount so determined reserving right to recover the deficit
amount through
other modes of recovery including the right to terminate the
agreement without
notice.
O. The Service Provider shall take care of the outfit and of the
building and structures on the premises. The Service Provider shall
be responsible for all loss or damage to the outfit, containers and
premises. All disputes as to liability hereunder shall be decided
by the TSAIDCL and the Service Provider shall pay to the TSAIDCL
within a week of receipt of a notice in writing requiring him to do
so the amount determined as being due on account of any such loss
or damage.
P. No repairs to the outfit shall be done by the Service
Provider unless previously authorized by the TSAIDCL in writing.
The Service Provider shall not interfere with or attempt to adjust
the outfit or any part thereof but shall notify the
TSAIDCL immediately of necessity of any repairs of adjustment
and thereby ensure that the outfit is in proper working order and
delivering full and proper measure at all times, Service Provider
shall not operate the outfit while it is out of order.
Q. All repairs to the outfit, other than those, which are
rendered necessary or caused by the negligence or fault of the
Service Provider, shall be done by the TSAIDCL at its own cost.
Repairs which are rendered necessary or caused by the negligence or
fault of the Service Provider will also be done by the TSAIDCL and
the cost thereof shall be repaid by the Service Provider to the
TSAIDCL on
demand. Failing which TSAIDCL may treat such amount as being an
arrear or a bill preferred by the TSAIDCL in terms of the agreement
provided always that the TSAIDCL may call upon the Service Provider
in writing to carry out any repairs and in such event the Service
Provider shall be bound to carry out such
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repairs as directed by the TSAIDCL and the TSAIDCL shall
reimburse to the Service Provider the cost thereof except when such
repairs are necessitated by the negligence or fault of the Service
Provider in which case they shall be carried out at the cost of the
Service Provider.
R. The Service Provider shall at all times keep and maintain
clean intact of the said premises and outfit, all trademarks and
other signs and marks of identification of
the TSAIDCL placed thereon by the TSAIDCL or forming part
thereof.
S. The Service Provider shall not add to or alter the premises
layout or outfit in any
manner whatsoever or place in or attach to any part of the said
premises or the outfit any signboards pictures, handbills
advertisements or things of a similar nature, except with the prior
written approval of the TSAIDCL.
T. The Service Provider shall display or exhibit at or near the
premises, such signs and other publicity materials as the TSAIDCL
may provide and/or required to be displayed or exhibited. All
displays / exhibits shall be with the permission of the TSAIDCL
only.
U. The Service Provider shall be responsible for all loss,
contamination, leakages, excess delivery/short delivery, damage or
shortage or to the products whether partial or entire, and no claim
will be entertained by the TSAIDCL therefore under any
circumstances. The Service Provider shall take every possible
precaution against contamination the Petroleum products by
water, dirt or other things injurious to their quality and shall
not in any way directly or indirectly alter the specifications of
the said products as delivered. The TSAIDCL shall have the right to
exercise at its discretion at any time and from time to time
quality control measures for products with the Service Provider, as
to whether any product has been contaminated. The officials of the
TSAIDCL, has right to remove the contaminated product and to
destroy or otherwise deal with the
same without making any payment to the Service Provider and
without prejudice to the TSAIDCL’s right to terminate this
agreement forthwith.
V. The Service Provider shall not purchase from any person, firm
or company other than the Specified Oil Company any Petroleum or
allied products used, stocked or sold at the said premises. The
Service Provider shall not during the currency of this agreement
sell or be in any way be concerned in selling the petroleum
products of any other oil company other than specified through the
outfit or at the premises.
W. The Service Provider shall not sell the products at higher
rates or prices than those, which the TSAIDCL/ Oil Company or the
competent central/state Government shall from time to time
prescribed. In default, the TSAIDCL, may
without prejudice to any other right or remedy, terminate this
agreement with immediate effect.
X. The Service Provider shall ensure working condition of the
inflation point.
Y. The TSAIDCL is not responsible for the Non-functioning of
fuel outlets in view of non supply of power or non-functioning of
dispensing pumps.
Z. The TSAIDCL will be entitled at all times to enter into and
inspect the retail outlet in all respects and the Service Provider
shall be bound to render all assistance and give all information to
the TSAIDCL and its duly authorized representatives in that
behalf.
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Signature of the Bidder 27 of 42 FOR TSAIDCL
AA. The Service Provider shall keep and maintain such records of
sales etc as may be prescribed by the TSAIDCL/Oil Company and
submit the same for inspection on demand by officials of the
TSAIDCL/Government.
BB. The Service Provider shall not carry on from the said
premises any business other than that of the sale of the products
supplied by the TSAIDCL and except and only to the extent if any,
to which the Service Provider may be permitted in
writing by the TSAIDCL at its sole discretion to carry on such
other business at or from the said premises.
CC. The TSAIDCL will obtain in its name a storage licence from
the controller of explosives for the storage of petroleum products
at the said premises and the Service Provider shall faithfully
observe and perform all terms and conditions of such
licence(s).
DD. The Service Provider shall have to take services of manpower
engaged by him to attend to the work of the filling the products
into the customers’ vehicles and for providing certain free service
Air filing etc., to the consumers in accordance with the general
instructions given or laid down by the TSAIDCL from time to
time.
EE.The Service Provider shall not at any time whether during the
period of this agreement or after its termination divulge or make
known any confidential
information concerning the accounts secret processes or any
other particulars in any relating to the business of the
TSAIDCL.
FF. Insurance during the Operations Period: The Service Provider
shall ensure the Fire insurance of the Petroleum Products stored in
the outlet.
GG. The business of the Service Provider is reviewed by TSAIDCL
every 3 years on running of business activities done, services of
man power, payment of deposit, if any unwanted activities run in
the AKPB.
GG1. In case of any change in the scenario of the Petrol Bunks
business mode as per the Government Policies such changes can be
allowed subject to ratification by the performance review
committee.
10. TERMINATION FOR DEFAULT
1. The entire contract is liable to be terminated by the TSAIDCL
with 15 days notice
for any of the following defaults committed by the service
provider.
A. If the Service Provider fails to deliver any or all of the
services at the
outlet(s) within the time period(s) specified in the allotment
order.
B. If the Service Provider fails to perform any other
obligation(s) under the
contract.
C. If the service Provider fails to commence the any or
subsequent fuel
outlets on allotment.
D. Commits any breach of terms and conditions of the
contract.
E. If the Service Provider performs any unauthorized
business.
F. If the Service Provider is found doing or resorting to any
unethical
activities or indulging in illegal activities
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Signature of the Bidder 28 of 42 FOR TSAIDCL
G. If the Service Provider does not adhere to the instructions
issued from
time to time by the TSAIDCL in connection with safe practices to
be
followed by them in the supply / storage of the TSAIDCL’s
products or
otherwise.
2. The entire contract is liable to be terminated without any
notice if the Service
Provider resorts to the following critical irregularities.
A. Adulteration of MS/HSD at any outlet/s.
B. Seals of the metering unit found tampered in the dispensing
pumps at any
outlet/s.
C. Totalizer seal of dispensing unit tampered or deliberately
making the
totalizer non functional or not reporting to the company if
totalizer is not
working.
D. Additional/Unauthorized fittings and gears inside the
dispensing
units/tampering with dispensing units.
E. Unauthorized storage facilities
F. Unauthorized purchase / sales of products.
3. After the termination of the contract, the TSAIDCL shall have
the right to forfeit
the FIXED SECURITY DEPOSIT (FSD) in respect of that outlet, and
to adjust the
amount towards due amounts payable to the TSAIDCL including
incidental
financial losses that might arise on account of such premature
termination and
also to forfeit the balance of the amount.
4. Officials of the TSAIDCL/concerned OIL Company will carry
monthly surprise
checks at the fuel outlets to crosscheck the deliveries and
adulteration.
11. PENALTIES FOR CHARGING EXCESSIVE RATES:
A. If the Service Provider is found charging excessive rates
than prescribed,
TSAIDCL can levy penalties up to a maximum amount of Rs.10,000/-
on
each occasion.
B. Complaints on quality of service, if found correct, the
TSAIDCL is at liberty to
levy penalties, up to a maximum of Rs.10,000/- on one or two
occasions.
C. Even after imposition of fines, if complaints are still
received and found
correct for more than three (3) times in a calendar year, the
license will be
terminated by giving 30 (Thirty) days advance notice, duly
forfeiting the
FIXED SECURITY DEPOSIT (FSD). In addition to the above
penalties, the
Service Provider is liable to pay penalties as per the Marketing
Discipline
Guidelines, for the irregularities observed.
12. TERMINATION OF CONTRACT:
The entire contract can be terminated by either party by giving
three
months notice in advance. If the Service Provider fails to give
90
(Ninety) days notice in writing for termination of the Agreement
then,
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Signature of the Bidder 29 of 42 FOR TSAIDCL
any amount due to the Service Provider from the TSAIDCL shall
be
forfeited. However, the Service Provider is permitted to
exercise this
option only on completion of minimum stipulated period of Ten
(10)
years.
TSAIDCL reserves the right to terminate the contract any time
during the
contract period, by giving 90 (Ninety) days advance notice to
the Service
Provider, if there is breach of terms and conditions. The
contract will come to an
end at the expiry of notice period or contract period
automatically. TSAIDCL shall
not be liable to pay any damages that the Service Provider may
suffer on
account of such termination.
That on the expiry of the agreement as mentioned above, the
Service Provider
shall clear their accounts by paying all their legal dues.
13. CONCLUSION OF AGREEMENT PERIOD
A. On the expiry of the period of the Contract or on revocation
of the license
under the terms and conditions thereof the Service Provider
shall handover
the possession of the premises, along with the furniture and
fixtures intact to
the TSAIDCL.
B. In the event of the Service Provider failing to deliver
possession to the
TSAIDCL, the TSAIDCL shall have right to take possession of the
premises.
C. Failure to deliver possession by the Service Provider to the
TSAIDCL, shall
entitle the TSAIDCL to forfeit the FSD amount.
D. On the expiry of the period of the contract, the Service
Provider shall not
enter any portion of the area for carrying out any
activities.
E. The Service Provider while handing over back the premises, it
is expected to
hand over the same in a good condition. If for any reason, there
are
damages to the premises, or property to the TSAIDCL, the cost of
damages
assessed by the TSAIDCL shall be paid by the Service Provider
failing which
the TSAIDCL shall have right to recover the said amount from the
FSD.
14. INDEMNITY
i. The Service Provider shall indemnify TSAIDCL of all legal
obligations of
personal for the Fuel outlets in addition if any, manpower
deployed over
TSAIDCL.
ii. TSAIDCL will not take any liability on account of death or
injury sustained
by the staff during the performance of the Contract.
15. FORCE MAJEURE
A. Force majeure clause will mean and be limited to the
following in the
execution of the contract placed by TSAIDCL:
I.War / hostilities.
II.Riot or Civil commotion.
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Signature of the Bidder 30 of 42 FOR TSAIDCL
III.Earthquake, flood, tempest, lightning or other natural
physical disaster.
IV. Restriction imposed by the Government or other statutory
bodies, which is
beyond the control of the agencies, which prevent or delay the
execution
of the order by the Service Provider.
B. The Service Provider will advise TSAIDCL in writing, the
beginning and the
end of the above causes of delay, within seven days of the
occurrence and
cessation of the force majored conditions. In the event of a
delay lasting
for more than one month, if arising out of clauses of force
majored,
TSAIDCL reserve the right to cancel the order without any
obligation to
compensate the Service Provider in any manner for what so ever
reason.
16. APPLICABLE LAW
The contract will be governed by the laws and procedures
established by Govt. of
India, within the framework of applicable legislation and
enactment made from
time to time concerning such commercial dealings
/processing.
17. The Vice Chairman & Managing Director of the TSAIDCL
reserves the right to
modify any condition/conditions of the agreement, and add any
other
condition/conditions during the contract period. The Service
Provider has to abide
by the conditions modified/incorporated and has to enter into a
fresh agreement
with the TSAIDCL at their cost.
The Vice Chairman & Managing Director of the TSAIDCL,
reserves the right to
accept, reject or modify any or all Bids without assigning any
reasons thereof. The
Service Provider shall have no cause of action or claim against
the TSAIDCL for
rejection of his/her Bid.
In case of any dispute or differences arising on the terms and
conditions of the EOI
or contract as the case may be the decision of The Vice Chairman
& Managing
Director of the TSAIDCL shall be final and binding on both the
parties.
If any dispute arises between the Service Provider and the
Telangana State Agro
Industries Development Corporation Ltd (TSAIDCL), the Courts at
Hyderabad and
Secunderabad shall have jurisdiction.
18. Miscellaneous Instructions
A. Bids that are incomplete in any respect or those that are not
consistent with the requirements as specified in this EOI might be
considered non-responsive
and may be liable for rejection.
B. Adherence to formats, wherever prescribed, is required.
Non-adherence to formats might be a ground for declaring a Bid as
non-responsive.
C. All communication and information shall be provided in
writing and in English language only.
D. All financial data shall be furnished (converted) in Indian
Rupees only.
E. All communication and information provided should be legible,
and wherever the information is given in figures, the same should
also be mentioned in
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Signature of the Bidder 31 of 42 FOR TSAIDCL
words. In case of conflict between amounts stated in figures and
words, the amount stated in words will prevail.
F. No change in, or supplementary information to an EOI shall be
accepted once submitted. However, TSAIDCL or any of its advisors/
agencies/ consultants reserves the right to seek additional
information and/ or clarifications from the Bidders, if found
necessary, during the course of evaluation of the Bid.
Non-submission, incomplete submission or delayed submission of such
additional information and/ or clarifications sought by TSAIDCL or
any of its
agencies/consultants/, may be a ground for rejecting the
Bid.
G. If any claim made or information provided by the Bidder in
the Bid or any information provided by the Bidder in response to
any subsequent query by TSAIDCL or any of its
agencies/consultants/advisors, is found to be incorrect
or is a material misrepresentation of facts, then the Bid shall
be liable for rejection.
H. Mere clerical errors or bonafide mistakes may be treated as
an exception at the sole discretion of TSAIDCL or any of its
advisors/ agencies/ consultants and if TSAIDCL or any of its
advisors/ agencies/ consultants is adequately satisfied.
19. Bid Responsiveness
A Bid shall be deemed as a “non-responsive” if it does not
satisfy any of the following conditions:
A. It is not received by the Due Date and time B. It does not
include sufficient information/ details for it to be evaluated
and/or
is not in the formats specified in this EOI.
C. It is not signed and/or sealed in the manner or accompanied
by the Power of Attorney as specified in this EOI.
D. Demand Draft/ Pay Order towards Bid Security for specified
amount do not accompany it.
E. It is not accompanied by the Proof of Purchase of the Request
for Proposal. F. Non-responsive Bids shall be liable for rejection
at any stage during the Bid
evaluation process and the decision of TSAIDCL in this regard is
final and binding.
20. Fraud and corrupt practices
20.1. The Bidders and their respective officers, employees,
agents and advisers shall observe the highest standard of ethics
during the Bidding Process and
subsequent to the issue of the EOI and during the subsistence of
the Authorisation Agreement. Notwithstanding anything to the
contrary contained herein, or in the EOI or the Authorisation
Agreement, the Authority shall reject a Bid, withdraw the EOI, or
terminate the Authorisation Agreement, as the case may be, without
being liable in any manner whatsoever to the Bidder or Authorisee,
as the case may be, if it determines that the Bidder or Authorisee,
as the case may be, has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event,
the Authority shall forfeit and appropriate the Bid Security or
Performance Security, as the case may be, as mutually agreed
genuine pre-estimated compensation and damages payable to the
Authority towards, inter alia, time, cost and effort of the
Authority, without prejudice to any other right or remedy that may
be 'available to the Authority hereunder or otherwise.
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Signature of the Bidder 32 of 42 FOR TSAIDCL
20.2. Without prejudice to the rights of the Authority under
Clause 20.1 hereinabove and the rights and remedies which the
Authority may have under the EOI, if a Bidder or Authorisee, as the
case may be, is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable
practice or restrictive
practice during the Bidding Process, or after the issue of the
EOI, such Bidder or Authorisee shall not be eligible to participate
in any tender during a period of 2 (two) years from the date such
Bidder or Authorisee, as the case maybe, is found by the Authority
to have directly or indirectly or throng') an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practices, as the
case may be.
20.3. For the purposes of this Clause 20 the following terms
shall have the meaning hereinafter respectively assigned to
them;
A. "corrupt practice" means (i) the offering, giving, receiving,
or soliciting, directly or indirectly, of anything of value to
influence the actions of any person connected with the Bidding
Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or
indirectly, any official of the Authority who is or has been
associated in any manner, directly or indirectly with the Bidding
Process or the EOI or arising there from, before or after the
execution thereof, at any
time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of
the Authority, shall be deemed to constitute influencing the
actions of a person connected with the Bidding Process); or (ii)
engaging in any manner whatsoever, whether during the Bidding
Processor after the issue of the EOI, any person in respect of any
matter relating to the Project or the EOI, who at any time has been
or is a legal, financial or technical adviser of the Authority in
relation to any matter concerning the Project;
B. "fraudulent practice" means a misrepresentation or omission
of facts or suppression of facts or disclosure of incomplete facts,
in order to influence the Bidding Process ;
C. "coercive practice" means impairing or harming, or
threatening to impair or harm, directly or indirectly, any person
or property to influence any person's participation or action in
the Bidding Process;
D. "undesirable practice" means (i) establishing contact with
any person connected with or employed or engaged by the Authority
with the objective of canvassing, lobbying or in any manner
influencing or attempting to
influence the Bidding Process; or (ii) having a Conflict of
Interest; and
E. "Restrictive practice" means forming a cartel or arriving at
any understanding or arrangement among Bidders with the objective
of restricting or manipulating a full and fair competition in the
Bidding Process.
21. Since TSAIDCL has entered agreement with Oil Companies, if
the Oil Companies sets up ATM, Cyber Cafes/ Cyber Kiosks,
Convenient Stores, Restaurants etc., the 20% share provided by the
Oil Companies will be the right of TSAIDCL. However, if the Oil
Company permits setting up of the facilities by the dealer itself,
the Service Provider will be permitted to establish the facilities
at their own cost and revenue from such establishment would accrue
to the Service Provider for ensuring viability.
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Signature of the Bidder 33 of 42 FOR TSAIDCL
ANNEXURE I
TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD.
EMD DETAILS
FORMAT FOR DEMAND DRAFT FOR - EARNEST MONEY DEPOSIT
EMD shall be drawn from any nationalized Bank in favour of
“TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION
LIMITED”
STATEMENT SHOWING THE DETAILS OF EMD
S.No. Name of the location Name of the
Bank DD No. &
Date Amount in
Rs.
1
VENKATESWARA(VT)
COLONY, HYDERABAD ROAD, NEAR VIVEKANADA STATUE, NALGONDA,
NALGONDA DISTRICT
5,00,000-00 (Five Lakhs)
o The Original DD drawn towards EMD shall be put in the 1st
Cover i.e.
TECHNICAL BID as per date and time notified in the EOI.
Signature of the Bidder
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ANNEXURE-II
TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD.
FIXED SECURITY DEPOSIT (FSD)
FSD shall be drawn from any nationalized Bank in favour of
“TELANGANA
STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED”
STATEMENT SHOWING THE DETAILS OF FSD S.
No. Name of the location
Name of the Bank
DD No., Date Amount in Rs.
C=A-B
1 VENKATESWARA(VT) COLONY, HYDERABAD ROAD, NEAR VIVEKANADA
STATUE,
NALGONDA, NALGONDA DISTRICT
45,00,000-00
FSD is the fixed deposit with TSAIDCL. It does not bear any
interest up to the agreement period. It is refundable amount after
the closure of Agreement. Duly
after deducting all kinds of expenditure incurred for successful
running of AKPB.
A-The total Fixed Security Deposit (FSD) is Rs 50,00,000/-(Fifty
Lakhs only)
B-The amount of EMD is Rs 5,00,000-00, which shall be submitted
as per the EOI notified at the date and time. The EMD of the
successful Bidder will be adjusted towards balance payable in the
Fixed Security Deposit (FSD) payable to the TSAIDCL towards its
AKPB
C-The successful Bidder should have to deposit the Balance
Fixed Security Deposit (FSD)
i.e.,
C= A-B =50,00,000 – 5,00,000 = Rs 45,00,000/-
Signature of the Bidder
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Signature of the Bidder 35 of 42 FOR TSAIDCL
TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD.
To
The Vice Chairman and Managing Director,
TSAIDCL, Hyderabad,
Telangana State.
Sir,
Sub: EOI AKPB: Submission of Bids for dispensing fuel, other
allied products sales and
other related activities including day to day operation and
maintenance of AKPB
at NALGONDA fuel outlet of TSAIDCL as per percentage quoted in
the bid from
the Oil Company margins – Reg.
Ref: EOI NO: 30/TSAGROS/EOI/NALGONDA/ AKPB/2018-19, dated:
14-02-2019
-oOo-
I hereby submit EOI for dispensing fuel, other allied products
sales and other
related activities including day to day operations and
maintenance of fuel outlet of
TSAIDCL, after carefully going through the terms and conditions
and other rules
stipulated by the TSAIDCL, which are made available to me, along
with the EOI Form,
as per percentage quoted in the bid from the Revenue Share from
Oil company Margin.
I also abide by the above terms and conditions of the Bid
schedule and
participating in the Bidding.
Email Id: ____________________
Mobile Number: _______________
Encl: EOI form
Place: __