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NOTICE INVITING TENDER BHARAT PETROLEUM CORPORATION LIMITED TENDER

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  • pg 1
									                                NOTICE INVITING TENDER

                 BHARAT PETROLEUM CORPORATION LIMITED
     TENDER FOR BULK LUBRICANTS/BASE OILS ROAD TRANSPORTATION
     CONTRACT Ex GREATER MUMBAI LOCATIONS TO VARIOUS DEPOTS
     /LOCATIONS
                TENDER NO. BPC /WR/ BULK LUBES / 2010 - 2012

I.        GENERAL

      BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector
      enterprise, invite sealed tenders under Two-Bid System, from tank lorry owners,
      having minimum annual turnover of Rupees Fifty(50) Lakhs during any one of the
      last three (3) financial years i.e. 08-09, 07-08, 06-07, and owning minimum 20 (
      twenty ) tank lorries and offering minimum 20 (twenty) attached tank lorries, for
      award of contract for road transportation of Bulk lubricants/ Base Oils from
      Mumbai (Wadilube,Sewree or Taloja or any other locations in and around
      Mumbai) with effect from 01.05.2010 for a period of 1 (One ) year, with option for
      extension up to 1 (One) year at the sole discretion of BPCL.

List of locations and estimated volumes :

 Sr.              Destination                     State       Estimate Transit
 No.                                                           d Qty-   Time
                                                               KL per  (No. of
                                                               annum    days)
      1   Alambagh (Lucknow)              Uttar Pradesh           400        5
      2   Aurangabad                      Maharashtra             100        2
      3   Budge Budge                     West Bengal             600        8
      4   Chandigarh                      Chandigarh UT           600        6
      5   Coimbatore                      Tamil Nadu              600        5
      6   Gandhidham                      Gujarat                 400        3
      7   Gurgaon/Manesar/Dharuhera       Haryana                1800        5
      8   Hubli (Navalur)                 Karnataka               100        3
      9   Itarsi                          Madhya Pradesh          800        4
     10   Kagal (Kolhapur)                Maharashtra             100        2
     11   Kota                            Rajasthan               200        3
     12   Loni (near Ghaziabad)           Uttar Pradesh         31000        5
     13   Moulali (Hyderabad)             Andhra Pradesh          350        3
     14   Pondicherry                     Pondicherry UT          300        5
     15   Pune                            Maharashtra             100        1
     16   Ratlam                          Madhya Pradesh          400        3
     17   Rewari                          Haryana                 400        4
     18   Rudrapur /Panthnagar            Uttaranchal             400        6
     19   Tondiarpet, Chennai             Tamil Nadu            24000        5
     20   Varanasi                        Uttar Pradesh           250        5




                                              1
      21 Vatwa                          Gujarat                700         2
         Within 0-50 KMS ex Mumbai      Maharashtra                      same
                                                                          day
      22 loading Plant.                                        200
         Within 51-100 KMS ex           Maharashtra                      same
      23 Mumbai loading Plant                                  200        day

Note: The list of locations and approximate volume business currently being handled
are as above. The list is only indicative and does not indicate the absolute number of
locations and volume of business. The Corporation will have the discretion to make
changes in the list of locations as well as the volume of business depending on the
actual business requirements of the Corporation from time to time. The addresses of
the above locations and distances are available with Wadilube plant.

II.        TENDER DOCUMENTS:

The tender documents can be obtained on payment of Rs.5000/-(Rupees Five thousand
only) per set by Demand Draft (DD) (Non-refundable) drawn on any scheduled bank
payable at Mumbai in favor of BHARAT PETROLEUM CORPORATION LTD. The tender
documents will be available on any working day within period specified in Notice Inviting
Tender (NIT), during office hours between 10.00 hrs and 16.00 hrs and on Saturday upto
13.00 hrs. only at the following address:

                             Plant Manager,
                             Wadilube Lube Plant,
                             Bharat Petroleum Corporation Ltd,
                             Malet road,
                             Wadibunder,
                             MUMBAI 400009

The tender       document can also be downloaded from our                  website
(www.bharatpetroleum.com -->click Tender Room --> click Lubricants - transport) and
should be submitted along with DD (Non Refundable) of Rs.5,000/- (Rupees Five
Thousand Only) per set, drawn on any scheduled bank , payable at Mumbai in favor of
BHARAT PETROLEUM CORPORATION LTD. Tender documents not submitted with
DD of Rs. 5,000/- (Five Thousand Only) per set will be rejected.

III.       EARNEST MONEY DEPOSIT (EMD):

Tenderer shall pay Rs. 1,00,000/- (One Lakh Only) as EMD per tender by D.D drawn on
any scheduled Bank payable at Mumbai in favor of BHARAT PETROLEUM
CORPORATION LTD. This should be submitted along with the Technical Bid. Bids
submitted without EMD will be rejected.

IV.        SUBMISSION OF TENDER:

Completed Tender documents duly sealed by gum/ adhesive, in an envelope, and super
scribed, “BPC/WR/BULK LUBES/2010-2012” and with clear marking of Name and
Address of the Tenderer, are to be put in the Tender Box up to 12.00 Hrs on or before
closing date specified in NIT at the following address:



                             Plant Manager,


                                           2
                             BPCL Wadilube Plant,
                             Malet road,
                             Wadibunder,
                             MUMBAI 400009
        Tenders received after the due date & time will not be considered.

V.      Age (Year of Model/Make in the RC book) of tank-lorry offered should not exceed
        Eight (8) years i.e. tank-lorries of model earlier than May,2002 will not be
        considered.

VI.     Minimum Twenty (20) tank-lorries offered by the Tenderer must be owned by the
        Tenderer in the name of the Partnership Firm/Proprietorship Firm/Individual who
        has submitted the bid and Twenty (20) can be attached tank lorries or the
        tenderer can own all the 40 tank lorries. Out of the total 40 tank lorries, the
        tenderer must provide minimum 4 tank lorries of the capacity of 12 KL either in
        owned or attached category.

VII.    The due date and time of opening of tender documents is as specified in NIT for
        all the locations stated above.

VIII.   SIGNING OF AGREEMENT :

Each successful tenderer will have to sign an Agreement. The period of Agreement with
successful tenderer would be one (1) year w. e. f. 01.05.2010 with an option on the part
of BPCL to extend the same by one (1) year on same rates, terms and conditions.
Further, Agreement would, however, be subject to the right of BPCL to terminate it
prematurely as per terms of the Agreement. Draft of the Agreement is available with
Tender documents.

IX LOCAL OFFICE:
Outstation tenderer(s), should have a Contact Office at loading location within Ten (10)
days from the date of award of Contract and the address of the same should be
submitted before the contract/agreement is signed.

X. RESERVATION:

The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half
percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India
basis. The SC/ ST tenderers desirous of offering the tank Lorries will have to participate
in the tender and should fulfill all tender conditions. The SC/ ST tenderers will not be
eligible for any price preference or relaxation of standards. There is no difference in
EMD or any other tender conditions for such tenderers. Details of eligibility of qualifying
as SC/ST are given in tender document.

XI. OPENING OF TENDER:

After scrutiny of the „technical bids‟ by BPCL, the eligible tenderers will be notified
regarding the date, time and venue for the opening of the price bids. The offers will
remain valid for two hundred and forty (240) days from the opening of Price Bid of tender
unless extended by mutual consent in writing.




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BPCL reserves the right to accept or reject any or all the tenders in part or in totality, or
to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender
without assigning any reason whatsoever.

XII. Tenders received late for whatever reasons / without EMD / submitted at the wrong
address / in open or stapled condition / incomplete in any other respect will not be
considered.

XIII. All tank lorries should be calibrated in such a way that its total weight along with
product should not exceed the RLW mentioned on the RC of the tank lorry.

XIV. Under no circumstances the tender documents should be sent by post/courier.

TENDER TERMS & CONDITIONS :

A.     GENERAL:

1.     Relatives (as per list enclosed) of officer/s responsible for award and execution
       of this contract in BPCL are not permitted to quote against this tender. The
       tenderer shall be obliged to report the name/s of person/s who are relatives of
       any officers of BPCL & any of its subsidiaries, IOC or HPC or IBP or any officer
       in the State or Central Government, and who are working with the tenderer 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 tenderer‟s part entitling BPCL to all rights and remedies
       available thereof including termination of contract.

2a.    All rates quoted should be both in words and figures. In case of any difference
       between the two, the rates quoted in words shall be considered as final and
       authentic.

2b.   The tenderer should quote for all locations in the tender schedule.

2c.   The rate should be quoted in the same units as mentioned in the tender schedule.


3.    Rates offered would be valid and binding on the tenderer for two hundred and forty
       (240) days from the opening date of Price Bid of this tender unless extended by
       mutual consent in writing. During the validity period, tenderer will not be allowed
       either to withdraw or revise his offer on his own. Breach of this provision will
       entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and
       work awarded, the rates will be valid for the entire contractual period subject to
       escalation/de-escalation as per Schedule A.

 4.    BPCL reserves the right, at their sole discretion, and without assigning any
       reason whatsoever, to:
 a)    Negotiate with any or all tenderers,
 b)    Divide the work among Carrier(s),
 c)    Reject any or all tenders either in full or in part,
 d)    Assign the offered and accepted tank-lorries to any of the contracts, and
 e)    Engage additional Carriers/ tank-lorries at any time without giving any notice
       whatsoever to the Carrier/s already appointed against this Tender.




                                             4
5.    The tenderer should study all the operations/ local conditions at the loading/
      unloading point/s and route/s. Tenderers would be presumed to have acquainted
      themselves with the working conditions existing at the location, before
      submission of the tender.

6.    Tenderer should deposit the sealed tender in the envelope “C” well before the
      closing time and date in the tender Box earmarked for this purpose at the
      concerned office. No tender document shall be entertained after due date and
      time of submission of tender. BPCL will not be responsible for any delay under
      any circumstances whatsoever if the tender is not submitted before the closing
      date and time and in the correct tender box.

7.    Tenders not meeting the tender terms & conditions or incomplete in any respect
      or with any additions/ deletions or modifications are liable to be summarily
      rejected without any further communication to the tenderers and decision of
      BPCL in this respect will be final and binding.

8     In case of requirement of tank-lorries by BPCL, new transporters may be inducted
       at the finalized L1 rate of that location.

9     At least Twenty (20) tank-lorries offered by the Tenderer must be owned by the
      Tenderer in their name (i.e. Firm or Partner or Director or Proprietor) and
      additional Twenty (20) can be attached tank lorries. Or the tenderer can own all
      the 40 tank lorries. Out of the total 40 tank lorries, the tenderer must provide
      minimum 4 lorries of the capacity of 12 KL tank lorries either in owned or
      attached category.

10.   Age of vehicle offered should not exceed eight (8) years. The tank-lorries
      attaining the age of eight (8) years during the contractual period shall not be
      allowed to transport BPCL‟s materials. Transporter should arrange the
      replacement of tank lorries in time before any tank lorry attains the age of eight
      (8) years. At the BPCL‟s discretion, time period not more Thirty (30) days may be
      granted to replace the tank lorry attaining the age of eight (8) years.

11.   The estimated quantity to be delivered shown in tender document is indicative
      and is subject to change. BPCL reserves the right to contract additional tank-
      lorries, if required, from BPCL‟s other SBU transporters or from the market.

12.   Tenderer should submit all the details and enclosures as specified in the tender
      form. In case any of the information is not applicable to the tenderer, "Not
      applicable" may be written against such item. Not submitting any information/
      enclosure sought for may be a ground for rejecting the tender.

13.   Tenderer may witness the opening of tender on the appointed date and time by
      sending authorized representative.

14.   Tank-lorries quoted in the tender should have all valid documents such as
      calibration certificate; registration certificates etc as on the closing date of tender
      and shall remain valid throughout the tenure of the contract.

15.   The successful tenderer would be required to take fuel/Lubricants for the tank-
      lorries engaged by BPCL, at the Smart Fleet Retail Outlets of BPCL. For this the
      Tenderer would have to enroll under CMS Fleet Card scheme for his fuelling
      requirements. A minimum of 25% of the billing amount from the Carrier‟s monthly


                                             5
        transportation bill shall be deducted and the same shall be credited to his CMS
        Fleet Card account.

B. EVALUATION OF THE TENDERERS:

         1. This Public Tender is floated in two bid system i.e. technical bid & price bid.
            Firstly the technical bid will be opened on scheduled date and will be
            evaluated on the following minimum qualification criteria as given in Table
            “A” below besides meeting other tender guidelines:

          TABLE “A” : Criteria for evaluation of technical bid:
          S No. Requirement             Minimum Supportings required
                                         Criteria
          A      Experience          in Minimum      Experience certificate letter(s) from
                 transportation     of 3 years       concerned companies on their
                 Bulk      Petroleum                 letterhead and duly attested copy of
                 Products                            contract of transportation.
          B      Total      Turnover Minimum         Last three years audited Annual
                 (from all business) Rs.50/-         Reports. The turnover should be
                 as per P&L account Lakhs            equal/more than 50 Lakhs in any
                 for financial years                 one of the last three financial years
                 08-09, 07-08 and                    i.e. 08-09, 07-08 and 06-07.
                 06-07.
          C      Total Tank lorries
                 to    be     offered. Minimum 40 Numbers. (Refer Note below)
                 Details         given
                 below.
          C (i)  Owned           Tank Minimum        Duly attested copies of Registration
                 Lorries (note )        20           Certificate of tank lorries owned
                                        numbers      along with the copies of calibration
                                                     certificate of all tank lorries by a
                                                     Gazetted Officer.
          C (ii) Attached        Tank Maximum Duly attested copies of Registration
                 Lorries                20           Certificates of tank lorries offered as
                                        numbers      Attached along with the copies of
                                                     calibration certificates         by a
                                                     Gazetted Officer and affidavits from
                                                     the owners of tank lorries as per
                                                     format given in the tender.
          D      Tank lorries of 12 Minimum          Minimum 4 tank lorries should be of
                 Kl capacity            4       tank 12 kl. Capacity either in owned or
                                        lorries      attached category .

         Note- *Total 40 tank lorries offered can also be owned by the Applicant.

   2.      Price bids of only technically qualified tenderers, based on technical
           evaluation, will be opened on a notified date.

    3.     Price bid includes offer of rates for different locations as detailed in Notice
           Inviting Tender (NIT). Tenderers should quote rates for all the above
           locations.




                                            6
      4.        Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be done location wise
                based on minimum financial outgo (cash out flow ) to BPCL by considering
                the rates quoted for each location and expected volume of business in each
                of the location.

      5.        Location wise, tenderers will be listed in ascending order as per their ranking.
                Tenderer with minimum financial outgo to BPCL will be ranked L-1 for the
                subject location. Tenderer with the next lowest financial outgo will be ranked
                L-2 and so on.

      6.        BPCL reserves the right at its sole discretion to reject unworkable/ unviable
                rates quoted by tenderers. Such tenderers will be treated as disqualified and
                will be rejected. The decision of BPCL in this regard will be final and binding
                on the tenderers.
      7.         BPCL may decide, at its sole discretion to distribute the quantities amongst
                the technically and commercially acceptable vendors. In such a situation, the
                following distribution pattern will be adhered to:
                  a) Where the quantity is equal to or more than 1000 KL per annum the job
                will be allocated among three tenderers and the percentage allocation among
                them would be L1:70%, L2:20% & L3:10%.
                                                     Or
                 b) Where the quantity is more than 500 KL and less than 1000 KL per
                annum the job will be allocated among two tenderers and the percentage
                allocation among them would be L1:80%, L2:20%
                                                  Or
                c) Where the quantity is less than 500 KL per annum the job will be allocated
                only to L1 tenderer/s.
     8.         The locations having quantity requirement of equal or more than 1000 KL per
                annum, there would be maximum three (3) transporters. For location having
                quantity requirement more than 500 KL per annum and less than 1000 KL per
                annum then there would be maximum two (2) transporters. In an event when
                the number of tenderers exceed the minimum numbers specfied above, the
                job will be distributed equally amongst such L1 tenderers.
     9.         If required, the negotiations/counter offer exercise will be carried out with L1
                tenderers and the revised rates accepted by them during negotiations/
                counter offers will be finalized as L1 rate of the concerned location. The
                finalized L1 rate will also be offered to other tenderers in ascending order of
                L2, L3 etc till our requirements as specified in Para 8 above are met and
                L2,L3 rates will be finalized accordingly.
     10.        At a particular ranking, tank-lorries offered by technically qualified SC/ ST
                tenderers shall have preference as per Govt. of India directives.


C.         EARNEST MONEY DEPOSIT (EMD):

           1.      Tenders not accompanied by EMD of Rs. One Lakhs (Rs.1,00,000/-)
                   shall be rejected. EMD should be paid by Demand Draft drawn on any
                   Scheduled Bank in favor of “Bharat Petroleum Corporation Limited” and
                   payable at Mumbai. A photocopy of DD Receipt towards purchase of


                                                 7
            tender documents should be enclosed in Technical Bid envelope „A‟.
            Those tenderers, who have downloaded the tender documents from
            website, should enclose DD (Non-refundable) of Rs. Five thousand
            (Rs.5,000) per set drawn on any scheduled bank payable at Mumbai in
            favor of BPCL. Tender documents, downloaded from website, and not
            submitted along with a DD of Rs. Five thousand (Rs.5000), shall be
            rejected.

     2.     Cheques or request for adjustment against any previously deposited
            EMD/ pending dues / bills / security deposits for other contracts etc. will
            not be accepted as EMD, and any tender with such stipulation will be
            treated as without EMD and shall be rejected.

     3.     Interest is not payable on EMD.

     4.     EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer
            and / or refuses to accept the LOI/ Work Order after acceptance of
            BPCL‟s offer within the prescribed validity of the tender, or if the tenderer
            does not furnish the required security deposit, or if the tenderer is unable
            to position any or all offered tank-lorry/s within one month after the
            issuance of Letter of Intent/award of contract.

     5.     EMD would be refunded only after finalization of the tender. While
            claiming refund, the original Receipt issued by the BPCL must be
            surrendered. In case the Receipt is lost/ misplaced, an Indemnity Bond in
            specified proforma supplied by the BPCL is to be submitted on non-
            judicial stamp paper of appropriate value (at tenderer‟s cost), duly
            notarized.


D.   NEGOTIATIONS:

1.   BPCL reserves the right to negotiate with any or all the tenderers.

2.   Tenderers may be required to remain present at the venue advised for
     negotiations/ verification of documents, entirely at their own cost.

3.   Only the proprietor of the firm or the legally authorized representative of the firm
     may personally attend such negotiations, as commitments made and/ or
     clarifications given during the negotiations will be binding on the tenderer/s. He/
     She should carry the necessary authorization to attend such negotiations and to
     hand over an authenticated copy of the same to BPCL‟s representative/s
     participating in negotiations.

4.   Originals of the documents submitted as copies along with the tender
     documents, as well as documentation to substantiate statements made in the
     tender document are to be produced for verification by BPCL during negotiations
     or at any other time at the discretion of BPCL.


E.   SECURITY DEPOSIT (SD):

1.   Successful tenderers will be required to furnish SD within fifteen (15) days of
     issuance of LOI/ Work Order at the following rates:


                                          8
     The security deposit will be Rs. Fifteen Lakhs (Rs.15,00,000/-) only.

     Minimum of Rs.Two Lakhs (Rs.2,00,000/-) shall be paid in the form of Demand
     Draft drawn on any Scheduled Bank in favor of Bharat Petroleum Corporation
     Ltd. and balance amount shall be deposited in the form of Bank Guarantee
     drawn on any Scheduled Bank strictly in the specified Proforma, valid for six
     months after the expiry of the contract i.e. upto 31st October,2012.

2.   Adjustment of EMD towards SD is permissible for the portion of SD payable by
     DD. Receipts for SD paid by DD will be issued by BPCL.

3.   Interest is not payable on SD.

4.   Any loss/ claim and/ or damage arising out of the performance of the contract
     would be adjustable against the SD. Any loss/ claims/ damages will be recovered
     from payments due to the Carrier and balance amount if any, will be recovered
     from SD or payments due to the Carrier under any other contract with BPCL.

5.   Security deposit would be refunded after six (6) months of completion of the
     contract on written request from the Carrier and after surrender of the original
     receipt provided that there are no pending claims by BPCL. In the event of loss/
     misplacement of the receipt of the SD, the refund would be made only after the
     Carrier furnishes an Indemnity Bond in the prescribed proforma, on non-judicial
     stamp paper of appropriate value (at Carrier‟s cost), duly notarized.

6.   Successful tenderer will be entrusted with transportation work only after signing
     of Agreement and payment of Security Deposit amount.


F.   CONTRACT PERIOD:

     Unless otherwise specified or agreed to, the contract is awarded for One (1) year
     with option for extension up to One (1) more year at the sole discretion of BPCL
     at the same rates, terms and conditions as in the original contract.


G.   EXECUTION OF AGREEMENT:

1.   Successful tender/s will be required, before undertaking the contract, to execute
     the Agreement, within fifteen (15) days of the date of issue of the LOI and should
     physically place the tank-lorries as per BPCL‟s requirement at the location within
     such time. In case of failure, BPCL will have the right withdraw the LOI issued to
     such tenderer.

2.   Tenderers are advised to carefully scrutinize the specimen set of Agreement
     Forms enclosed along with tender documents/downloaded from our website
     before submitting their tender. One set should be submitted with the tender, duly
     signed by the tenderer on all pages over the official seal, in token of acceptance
     of the terms and conditions thereof, and other set be retained with the tenderer.

3.   When the person signing the tender is not the authorized signatory, necessary
     power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm



                                          9
       should be produced before signing the agreement, and an authenticated copy of
       the power of Attorney should be submitted for the record of BPCL.

4.     Failure to execute the agreement and/ or furnish required Security Deposit and
       placement of tank lorries within fifteen (15) days of issue of LOI may render the
       tenderer liable for forfeiture of Earnest Money Deposit and termination of
       contract without prejudice to the rights of BPCL to recover the damages under
       Law.

5.     All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for
       Tenderers, Tender Terms & Conditions, Declarations, Agreement and other
       documents furnished with the Tender and related correspondence shall form part
       of the contract.

H.     RESERVATION:

       (a)    The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven
              and a half percent) for Scheduled Caste (SC) and Scheduled Tribes (ST)
              respectively on all India basis.
       (b)    The members of SC/ ST desirous of offering the tank-lorries will have to
              participate in the tenders floated by BPCL.
       (c)    The SC/ST members should fulfill all tender conditions, and will not be
              eligible for any price preference or relaxation of standards.
       (d)    If adequate number of tank-lorries offered by SC/ ST tenderers is not
              available in any particular year, the unfilled quota may be allotted to the
              unreserved categories in that year. 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.
       (e)    The SC/ ST tenderer/s desirous of operating under partnership firm, or
              Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other,
              should have all the partners or members of private / public / Cooperative
              firms belonging to the same category without exception, i.e. either SC or
              ST as the case may be.
       (f)    Caste certificate for each individual member of a Partnership/ Public/
              Private/ Cooperative Firm should be enclosed as proof along with the
              Technical bid.
       (g)    In the event of any of the members failing to submit the caste certificate
              as proof of belonging to SC/ ST category, the tender will be treated as a
              general category tender.
       (h)    The registered owner/s of the tank-lorries offered by the SC or ST
              tenderer/s must also belong to the same category, either SC or ST, as
              the case may be. In other words, if the tenderer is issued LOI/ Work
              Order under SC category, all the registered owners of the tank-lorries
              offered against the particular LOI/ Work Order must also belong to SC.
       (i)    If any of the tank-lorries offered do not belong to a member of the
              category concerned, i.e. SC or ST, as the case may be the tender will be
              treated as under general category.

     I. OTHER TERMS:

       1. Tank-lorries provided for transportation of bulk lubricant/base oils should
          preferably be covered by National Permit/ Zonal Permit at Carrier(s) cost.


                                            10
             The Carrier‟s shall have to provide specified number of tank-lorries for
             operation within the state.

        2.    Where the loading/ unloading locations are situated within the same State
             and Sections where axle load restrictions are imposed, they shall supply
             tank-lorries meeting axle load restrictions.

        3. BPCL reserves the right to reject the tender of any or all the tenderers
           without assigning any reason whatsoever at its absolute discretion. BPCL
           reserves the rights to withdraw/ cancel/ modify this tender without assigning
           any reason whatsoever.

        4. The tank-lorries offered should comply at all times with valid permits, rules
           and regulations of Statutory/ Government authorities.

        5. Wherever the word tank-lorry or tank-lorries has been mentioned, the same
           applies to Petroleum Product tank-lorries.

        6. No unsolicited correspondence/ queries will be entertained while the award
           of the transport contract is under review/ consideration. BPCL regret their
           inability to answer individual queries.

        7. If any of the information submitted by the tenderer is found to be incorrect at
           any time including the contract period, BPCL reserves the right to reject the
           tender/ terminate the transportation contract and reserves all rights and
           remedies available.
        8. Each page of the tender document including notice inviting tender enclosed
           along with the tender document must be signed by the legally authorized
           representative of the tenderer, with the official seal, for having fully read and
           understood the terms and conditions of this tender.

        9. The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat
           Petroleum Corporation Limited” in the appropriate context means Bharat
           Petroleum Corporation Limited, a Company registered under Companies Act,
           1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard
           Estate, Mumbai – 400 001 and its successors and assigns.

J.      DUPLICATION OF CLAUSE:
         Whenever there is duplication of clause either in the terms and conditions or in
         the Agreement, the clause, which is beneficial to BPCL, will be considered
         applicable at the time of any dispute.

Signed in acceptance of the aforesaid tender conditions.

Date:                                             Signature___________________
                                     Name of Person signing___________________
                       Tenderer's Name and address with seal___________________

                          ***********************




                                              11
                     BHARAT PETROLEUM CORPORATION LTD.

        TENDER FOR ROAD TRANSPORTATION OF BULK LUBES/BASE OIL
              TENDER NO. BPC /WR/ BULK LUBES / 2010 – 2012.

     GUIDELINES FOR TENDERERS

1.      GENERAL:

       1.1    This tender is for road transportation of bulk petroleum products like Base
              Oil/ Bulk Lubricant oils etc. from Bulk Oil Storage & handling locations/
              Installations/ TOP/ Depots like Wadilube/Taloja/Sewree etc within state of
              Maharashtra to various depots/locations all over India. The tender
              documents are issued in two (2) sets; one (1) set duly filled is to be
              submitted and other set duly filled to be retained by the tenderer.
       1.2    Each page of the tender document is to be signed by the legally
              authorized representative of the tenderer, with the official seal.
       1.3    If additional sheets are required, photocopies may be used and pasted
              accordingly. The number of such extra pages used should be indicated in
              the Covering letter (ref item 2.1 hereafter).
        1.4    All entries are to be made in ink. No over-writing/ whitening/ erasing out is
               permitted. All corrections are to be made by scoring out incorrect entries,
               and such corrections are to be signed by the legally authorized
               representative of the tenderer, with the official seal. Tenders deficient in
               this respect are liable to be rejected.

       1.5    For any further clarification, concerned officials (as given below) at BPCL
              Wadilube Plant which is the tender document issuing office may be
              contacted.

              i)      Mr. M.Sridhar, Manager Logistics, Wadilube plant
              ii)     Mr. Sandeep Samarthi, Dy. Mgr. Operations, Wadilube plant
              iii)    Mr.K.R.Muralidhara, Sr.Mgr.Tpt-SCM(Lubes),Sewree

               For tender condition clarification a pre-bid meet will be conducted at
               BPCL Wadilube plant at 11.00 am on 08.01.2010.

       1.6    Copies of Registration Certificate, Certificate of Fitness, Calibration
              certificate etc, enclosed along with Tender Form, shall be attested by a
              Gazetted Officer.
       1.7    This tender is in two (2) bid system, comprising of Technical Bid and Price
              Bid.
       1.8    The tender document shall be obtained by the party in its own name as
              the tender document is not transferable. The tender documents will be
              supplied only against specific written request from the party.
       1.9    The tender should be strictly in line with the terms and conditions. Any
              tender not conforming to the terms and conditions prescribed in the tender
              documents shall be summarily rejected.
               (i)     COUNTER TERMS AND CONDITIONS WILL NOT BE
                       ACCEPTED.
               (ii)    OVERWRITING WILL NOT BE ACCEPTED

2.0    Tender terms and conditions mentioned in the tender should be carefully studied.
       All the pages of the tender document including Draft Agreement form, Draft bank


                                            12
       guarantee, terms & conditions should be signed and rubber stamped as a token
       of acceptance of the terms and conditions therein and one complete set
       submitted to us. The other set is to be retained by the Tenderer for his/her
       reference/record.

2.     TECHNICAL BID:

2.1    Covering letter listing all enclosures.
2.2    Particulars of tenderer (Attachment-1).
2.3    Particulars of tank-lorry/s offered (Attachment-2).
2.4    Details of the relationship with Directors of BPCL and Declarations „I‟, „II‟ and „III‟
       (Attachment-3).
2.5    Attested copies of caste certificate (wherever applicable) (Attachment-4).
2.6    Enclose EMD Demand Draft, which should be drawn on a scheduled Bank
       payable at Mumbai. If it is found that EMD paid through DD is not acceptable due
       to technical or any other reason, the tender will be rejected.
2.7    Attested acknowledged copy of PAN card and Ward/Circle/District where
       assessed to Income Tax.
2.8    Experience letter(s) from contracting company on their letterhead for
       transportation of Bulk petroleum products along with             attested copy of
       contract/LOI
2.9    Attested copy of previous three (3) years i.e. 08-09, 07-08, 06-07 audited
       annual report having total turnover equal to or more than Rs Fifty (50) Lakhs.
2.10   Attested copies of Trading License or Company Registration Certificate.
2.11   Attested copies of Partnership Deed or Certificate of Incorporation.
2.12   Attested copies of valid Registration Certificate, Insurance Policy and Calibration
       Certificate for each of the tank-lorries offered.
2.13   Bulk Lubricants/Base Oils Road Transportation Agreement (Attachment-5).
2.14   Bank Guarantee for Security Deposit (Attachment-6).
2.15   Power of Attorney (Attachment-7).
2.16   Undertaking for the tank-lorries offered (Attachment-8).
2.17   Enclose DD of Rs. Five thousand (5,000) for tender documents downloaded from
       website or photocopy of the cash receipt for payment for purchase of tender
       document. The DD should be drawn on a scheduled Bank payable at Mumbai . If
       it is found that DD is dishonored due to technical or any other reason, the tender
       will be rejected.

All the documents of the Technical bid are to be submitted separately in the envelope
marked „A‟. The envelope is to be closed and sealed by gum/ adhesive.

3.     PRICE BID:

The tenderer shall quote rates for all the locations listed in Price Bid Format A &

B. Not quoting to any one of the locations as per the above Price Bid Formats

shall result in disqualification of the tender. All documents of the price bid/ rate

schedule are to be submitted in the envelope marked „B‟. The envelope is to be closed

and sealed by gum/ adhesive.




                                             13
IMPORTANT:

   a)        Tenderers should not put price bid/ rate schedule document in the
             envelope marked „A‟ containing Technical bid. In case Price Bid is
             received with the technical bid, such tenders will be rejected.

   b)        The tenderer must quote rates for all the locations listed in Price Bid
             Formats A & B. Not quoting against any one or more locations as per the
             Price Bid Formats shall result in disqualification of the tenderer

                   One Way rates for locations listed for normal tank lorries in Part
                    A.
                   One Way rates for locations listed for Epicoated tank lorries in
                    Part B.

   c)        Both envelopes „A‟ and „B‟ should be sealed separately and are to be
             placed in envelope „C‟ which should be closed and sealed by gum/
             adhesive and put in the designated Tender box before the closing time
             and date at Wadilube Plant.




                                        14
                                    TENDER FORM
                                     (Technical Bid)

                                                 TENDERER‟S COVERING LETTER (2.1)

     CATEGORY: SC/ST/GEN (Tick one)


     FROM: M/s. _______________________ (Name and Address of the tenderer)

To: Bharat Petroleum Corporation Ltd, Wadilube

Dear Sir,

Sub: TENDER FOR ROAD TRANSPORTATION OF BULK LUBRICANTS/BASE OILS
EX-Greater Mumbai TENDER NO: BPC/WR/BULK LUBES/2010-2012.

With reference to your subject tender, we confirm having carefully read, studied and
understood various terms and conditions specified in the tender documents, return them
duly signed and stamped in token of our acceptance of the terms and conditions
specified in the tender documents. We also submit our offer duly signed in sealed
envelope as per details given here under:

ENVELOPE „A‟ (TECHNICAL BID):                    (Strike Off which ever is not applicable).


1.     Covering letter listing all enclosures.                               -       Y/N
2.     Particulars of Tenderer (Attachment-1).                               -       Y/N
3.     Particulars of T/L‟s offered (Attachment-2).                          -       Y/N
4.     Details of relationship with Directors of BPCL &
       Declaration „I‟ „II‟ and „III‟ (Attachment-3).                        -       Y/N
5.     Caste certificate (wherever applicable) issued by Competent
       Authority as per format (Attachment-4).                               -       Y/N
6.     DD for EMD drawn on a scheduled Bank payable at the location
       receiving the Tender.                                                 -       Y/N
7.     Attested acknowledged copy of PAN card and Ward/Circle/District
       where assessed to Income Tax.                                         -       Y/N
8.     Experience letter from contracting company on their letterhead        -       Y/N
       for transportation of Bulk petroleum products & attested copy
       of contract/LOI
9.     Attested copy of previous 3 years audited annual report having        -       Y/N
       total turnover equal to more than rupees Fifty (50) Lakhs
10.    Attested copies of Trading license or Company
       Registration Certificate.                                             -       Y/N
11.    Attested copies of Partnership Deed or Certificate
       Of Incorporation.                                                     -       Y/N
12.    Attested copies of valid Registration Certificate and Calibration
       Certificate for each of the tank-lorry offered.                        -      Y/N
13.    Attachment-5 i.e. specimen copy of Bulk Petroleum Products
       Road Transport Agreement duly filled, signed and stamped                  -   Y/N




                                            15
14.     Attachment-6 i.e. specimen copy of Bank Guarantee for Security
        Deposit duly filled, signed and stamped.                          -       Y/N
15.     Power of Attorney (Attachment-7).                                 -       Y/N
16.     Undertaking for the tank-lorries offered (Attachment-8).          -       Y/N
17.     DD for tender document downloaded from website drawn on a
        Scheduled Bank payable at the location receiving the tender
        or photocopy of the cash receipt for payment for purchase of
        Tender document.                                                  -       Y/N

ENVELOPE „B‟ (PRICE BID):

Price Bid                                                                 -       Y/N

I am/ We are authorized to sign this tender as Proprietor or as per Power of Attorney
issued by all other Partners/ Directors as per enclosure no. __________

                                                                   Thanking you,
                                                                  Yours Faithfully,

Date:

Signature__________________
Name of Person signing__________________
Tenderer's Name and address with seal___________________




                                            16
                                                               (2.2) Attachment-1
(Technical Bid)

PARTICULARS OF TENDERER
Sr.
               Description                        To be Filled by Applicant
No.
 1    Name of the tenderer

      Registered office address of the
2a
      tenderer

2b    Address for correspondence

 3    Phone Nos

 4    Fax Nos

 5    Mobile Nos

 6    E-mail address
      Status of the tenderer (Individual, Prop.
 7    firm, Partnership, Ltd. Company, Co-
      operative Society, Other)
 8    Registration No

 9    Year of establishment
      Permanent Account No. (PAN issued by
10
      Income Tax Dept.)
      Whether tenderer/ Prop./ any of the
      Partners/ Directors are related (as
      defined under Companies Act 1956) to
11    any of Directors of BPCL to which
      tender is being submitted. If so, name of
      Director of BPCL & nature of
      relationship.
      Whether the Tenderer is existing dealer/
      distributor/transporter of
12
      BPCL/KRL/IOCL/HPCL then give
      details along with code allotted
      We confirm that neither tenderer nor
13    any tank-lorry offered is blacklisted by
      BPCL/KRL/IOCL/HPCL/IBP.
      We confirm that neither tenderer nor
      any TANK LORRY offered are involved
      in any litigation, which would render the
14
      performance of any obligation
      impossible in case, the contract is
      awarded to us



                                            17
        Name of Bankers & Branch with full
15
        address:

16      Type of Account & A/C. No.
        Names (s) of Person(s) Operating the
17           bank account

         Furnish Power of Attorney / Board
         Resolution authorizing the
18       Undersigned to represent
         the Firm and sign and commit on
         behalf of the firm.
        No. of tank tank lorries offered under
        this tender – furnish details (MINIMUM
        Twenty (20) TANKLORRIES SHOULD            Owned by Tenderer
19      BE OWNED BY TENDERER AND
        Twenty (20) CAN BE ATTACHED               Attached
        TANKLORRIES)

        Whether applying under SC/ ST
        category. Please indicate YES or NO
        (If YES, then Certificate from                          YES / NO
20
        competent authority supporting
        their claim to be submitted as per
        Attachment 4)
        Attach copies of previous three (3)
        years‟ i.e. 08-09, 07-08, 06-07 audited
21
        Annual report of the firm.


We confirm that rates offered by us will remain valid for acceptance by you up to Two
Hundred and forty (240) days from the opening date of the Price Bid.

I / WE do hereby certify that the information as provided above is correct and true in all
respects.

Date:

Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal___________________




                                             18
                                                                      (2.3) Attachment -2
   (Technical Bid)
    PARTICULARS OF TANK LORRIES OFFERED FOR TRANSPORTATION OF
    LUBRICANTS/BASE OIL

 Part A : Details of tank lorries owned by the tenderers

  Sr.   RTO          Make     Engin    Chassis    Capacity    Owned by Name
  No    Registrati   &        e No.    No.        In          Firm/Partn of
  .     on No.       Model                        KL          er/Director Owner
                                                              /Proprietor




 Part B : Details of tank lorries Attached by the tenderer:

  Sr.   RTO          Make     Engin    Chassis    Capacity    Owned by Name
  No    Registrati   &        e No.    No.        In          Firm/Partn of
  .     on No.       Model                        KL          er/Director Owner
                                                              /Proprietor




   Age of tank-lorry offered should not exceed eight (8) years during the contractual
   period. The tank-lorries attaining the age of eight (8) years shall be removed from the
   contract and replacement with another TANK LORRY having age less than eight (8)
   years will be the responsibility of the concerned transport Carrier.

Date:

Signature___________________

Name of Person signing__________________


Tenderer's Name and address with seal_________________



                                            19
                                                                         (2.4) Attachment-3
                                                                          (Technical Bid)
DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS.

Tenderers should furnish following details in the appropriate part based on their
organization structure:

 Organizational structure                                    Part of the form applicable.

Sole Proprietor                                                    PART – A
Partnership Firm                                                   PART – B
Company Private / Public / Co- operative Society.                  PART -- C


     PART – A
     (Applicable where Tenderer is Sole Proprietor)
1.     Name:
2.     Address:
3.     State whether tenderer is related to any of the Director(s) of BPCL: YES/ NO
4.     If „YES „to 3, State the name(s) of BPCL Director(s) and Tenderer‟s relationship
       with him / her.

Strike off whichever is not applicable.

Date:
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________


     PART – B
     (Applicable where the Tenderer is a partnership firm)

1.     Name of the partnership firm responding to the tender:
2.     Address:
3.     Names of partners:
4.     State whether any of the partner of the tenderer is a Director of BPCL:
                Yes/No
5.     If „Yes‟ to (4) state the name(s) of the BPCL Director(s).
6.     State whether any of the partner of the tenderer is related to any of the
       Director(s) of BPCL:                                               Yes/No
7      If „Yes‟ to (6) state the name(s) of BPCL Director(s) & the concerned partner‟s (of
       the tenderer) relationship with him/ her.

Strike off whichever is not applicable.
Date:
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________




                                           20
PART – C
(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative

Society)

1.      Name of the Company/ Co-operative Society responding the tender:
2.      Address of:               (a) Registered Office:

                                       (b) Principal Office:

3.       State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative
         Society.
4.       Names of Directors of the Company/ Co-operative Society
5.       State whether any of the Director of the Tenderer/ Company is a Director of
         BPCL:                                         Yes/No
6.       If „Yes‟ to (5) state the name(s) of the BPCL Director(s).
7.       State whether any of the Director of the Tenderer Company is related to any of
         the Director(s) of BPCL:                      Yes/No
8.      If „Yes‟ to (7) state the name(s) of BPCL Director(s) & the concerned Director‟s (of
         the tenderer Co.) relationship with him/her.

Strike out whichever is not applicable.

Date:                                                Signature___________________
                                         Name of Person signing__________________
                           Tenderer's Name and address with seal__________________




                                             21
    DECLARATION „I‟

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

Agreement.

Date:                                             Signature___________________
                                      Name of Person signing___________________
                         Tenderer's Name and address with seal__________________


DECLARATION „II‟

We declare that we do not have any employee who is related to any officer of BPCL.
And its subsidiaries.
                                      OR
We have the following employees working with us who are relatives of the officers of
BPCL and its subsidiaries.

Name of the Employee                Name and Designation of
of the Carrier                      the Officer of BPCL/ IOC/ HPC
                                    / IBP/NRL/Central/ State
                                    Government and relation.
1. ________________________________________________
2. ________________________________________________

Strike off whichever is not applicable.
Date:
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________

DECLARATION „III‟
The Tenderer is required to state whether he/ she is a relative of any Director of BPCL or
the tenderer is a firm in which Director of BPCL or his relative is a partner or is any other
partner of such a firm or alternatively the Tenderer is a private company in which
Director of BPCL is member or Director, (the list of relative(s) for this purpose is given
below)
N.B: Strike off whichever is not applicable. If the tenderer employs any person
subsequent to signing the above declaration and the employee so appointed happens to
be relative of the Officer of BPCL and its subsidiaries, the tenderer should submit
another declaration furnishing the names of such employees who is/are related to the
Officer/s of BPCL and its subsidiaries.

Date:                                             Signature___________________
                                     Name of Person signing___________________
                        Tenderer's Name and address with seal__________________




                                             22
LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,
i) He / She / They are members of Hindu Undivided family or
ii) He / She / They are Husband & Wife or
iii) The one is related to the other in the manner indicated below.
     1. Father
     2. Mother (including Step Mother)
     3. Son (including Step Son)
     4. Son‟s Wife
     5. Daughter (including Step Daughter)
     6. Father‟s Father
     7. Father‟s Mother
     8. Mother‟s Mother
     9. Mother‟s Father
     10. Son‟s Son
     11. Son‟s Son‟s Wife
     12. Son‟s Daughter
     13. Son‟s Daughter‟s Husband
     14. Daughter‟s Husband
     15. Daughter‟s Son
     16. Daughter‟s Son‟s Wife
     17. Daughter‟s Daughter
     18. Daughter‟s Daughter‟s Husband
     19. Brother (including Step Brother)
     20. Brother‟s Wife
     21. Sister (including Step Sister)
     22. Sister‟s Husband
                                              ************




                                            23
                                                                (2.5) Attachment-4
                                                                    (Technical Bid)

                          SC/ST CERTIFICATE


A tenderer 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 the tender opening for the Bulk Petroleum Products
transportation contract, in original, with a copy thereof, in the form enclosed from
the District Officer or the sub-Divisional Officer or any other Officer as indicated
in the enclosed form, of the District in which his parents (or surviving parents)
ordinarily reside who has been designated by the State Government concerned
as competent to issue such a certificate. If both his parents are dead, the officer
signing the certificates should be of the district in which the tenderer himself
ordinarily resides otherwise than for the purpose of his own education.

The enclosed format is to be used for the purpose.




                                     24
                                                            Annexure to Attachment - 4


Form of certificate to be produced by a candidate belonging to a Scheduled Caste or
Scheduled tribe in support of his/her claim.


FORM OF CASTE CERTIFICATE

1. This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of
    village / town* …………………in district / division*………………………of the State /
    Union Territory*………………… belongs to the ……………..caste / tribe* which is
    recognized as Scheduled Caste / Scheduled tribe* under:
     @The Constitution (Scheduled Castes) Order, 1950
     @The Constitution (Scheduled Tribes) Order, 1950
     @The Constitution (Scheduled Castes) (Union Territories) Order, 1951
     @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951
(As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order,
1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, the
State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971
and Scheduled tribes Orders (Amendment) Act, 1976.)
     @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956
     @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989
     @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959
     @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962
     @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962
     @The Constitution (Pondicherry) Scheduled Castes Order, 1964
     @The Constitution Scheduled Tribes (U.P.) Order, 1967
     @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968
     @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968
     @The Constitution (Nagaland) Scheduled Tribes Order, 1970
     @The Constitution (Sikkim) Scheduled Castes Order, 1978
     @The Constitution (Sikkim) Scheduled Tribes Order, 1978
2.       Application in the case of Scheduled Castes/Scheduled Tribe persons who have
         migrated from one State / U.T.:
         This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe
         Certificate issued to Shri / Smt*…………………………….father / mother of Shri /
         Smt           /        Kumari*………………………………in                      District       /
         Division……………………….of                      the       State         /        Union
         Territory*………………………………who belong to the …………………….. Caste
         / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State
         / Union Territory*……………………..issued by the …………………………………..
         (Name of prescribed authority) vide their no. …………….dated…………………..
3.       Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily
         reside(s) in village / town………………… of………………………..District /
         Division of the State / Union territory of…………………………………..

Signature………………………
Place………………………State/Union Territory
Date………………………
Designation…………………...


                                            25
                                                          (With seal of Office)

* Please delete the words, which are not applicable.
@ Please quote specific Presidential Order.
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 the Peoples Act, 1950.

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

1.     District     Magistrate/Additional       District    Magistrate/Collector/Deputy
       Commissioner/Deputy        Collector/1st  Class    Stipendiary    Magistrate/City
       Magistrate/Sub-Divisional          Magistrate/Taluka        Magistrate/Executive
       Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class
       Stipendiary Magistrate).
2.     Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency
       Magistrate.
3.     Revenue Officers not below the rank of Tehsildar.
4.     Sub-Divisional Officer of the area where the candidate and/or his family normally
       resides.
5.     Administrator/Secretary to Administrator/Development Officer (Lakshadweep
       Islands).




                                          26
                                                                       (2.13) Attachment-5
                                                                              Technical Bid

              BULK PETROLEM PRODUCTS ROAD TRANSPORT AGREEMENT

        THIS AGREEMENT made ______________ day of ________ 2010 between
Bharat Petroleum Corporation Limited a Company registered under Indian Companies
Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai
400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the
context shall include its successors and assigns) of the ONE PART and M/S
_______________________________________ a Proprietorship / Partnership Firm /
Private Limited / Limited Company having registered office / place of business at
___________________________ hereinafter called “THE CARRIER” or Carrier (which
expression shall be deemed to include legal heirs and executors of the present
constituents in case of firm or official liquidator in case of Company) of the OTHER
PART.

        WHEREAS the BPCL is engaged in refining Crude oil and storing, distributing
and selling of the petroleum products and for this purpose require tank-lorries for Road
transportation of bulk petroleum products from their various storage points to customers
/ other storage points.

        WHEREAS the Carrier is engaged in the business of operating tank-lorries and is
interested in above transportation job of the BPCL.

       Now therefore, it is agreed between the parties as follows: -

1.     The Carrier will provide the BPCL with _____ no. of tank-lorries for transporting
       petroleum products as per LOI / Work Order issued by BPCL. Carrier has
       certified that it is the owner and / or sufficiently entitled to operate these tank-
       lorries throughout the Agreement period and these tank-lorries are not under
       Agreement with any other party.

       a)     The Carriers shall transport Lube Oils/Base Oils in Tank Lorries having
              payload of not less than 10 kl. and having valid permits /licenses owned /
              attached to them.
       b)       The vehicles will be maintained by the Carriers in sound mechanical
              conditions at all times & the vehicle will have adequate staff provided by
              the Carriers for efficient operation. The tank lorries should be properly
              calibrated/stamped under the Weights and Measures Act and any
              charges/expenses in respect thereof will be borne by the Carriers. The
              Carriers will ensure that all vehicles used for the BPCL‟s work will always
              hold valid certificates from the Weights and Measures authorities. The
              tank lorries will be calibrated/re-calibrated as required under the relevant
              laws/rules/regulations as applicable from time to time. All calibration
              charges‟ shall be borne by the Carrier.

       c)     The tank lorries should have provision for sealing with bullet type seals at
              all top dome covers , Master valve box and discharge points to guard
              against any malpractices .




                                            27
    d)     Each vehicle will be equipped with standard rubber hose pipe with
           necessary fittings for unloading and dip rods duly stamped and certified
           by weights and measures Inspectors of that area.
    e)     The Carrier shall immediately provide the registration number and duly
           attested Xerox copy of RC books and all other particulars of ownership in
           respect of the lorries of the Carriers which will be operated for the
           purpose of BPCL under agreement and shall not undertake any change in
           respect thereof without obtaining prior written consent from BPCL.

    f)     Carriers shall ensure that the lorries provided for the transportation of bulk
           Lubricants and Base Oils          shall conform to the rules regarding
           transportation of the Petroleum Products and the provisions of Petroleum
           Act, 1976 or any amendment or re-enactment thereof from time to time
           and the rules and orders framed there under.

    g)     Only sound lorries which are in efficient working conditions and
           conforming to Motor Vehicles Act (including the crew if required under
           the act) as applicable from time to time shall be deployed by the
           Carriers for Bulk oils transportation.

    h)     The Carrier(s) shall arrange for painting of tank lorries with BPCL
           product(s) name(s) as per color scheme/literature/details provided by
           BPCL from time to time at their own cost.


2   It will be the Carriers responsibility to:
    i)       provide BPCL with sufficient specified number of tank lorries within twenty
             four (24) hours on demand to transport and deliver on behalf of BPCL the
             Bulk Lubricants /Base Oils as directed by BPCL from dispatching location.
    ii)      Ensure the safe and correct delivery of products to the consignee/location
             specified.
    iii)     Ensure that product is delivered at destination in the same condition as to
             quality and quantity as and when the Carriers take delivery from
             dispatching location and that there is no substitution of product when it is
             in the Carriers‟ custody. Any infringement of the above will be deemed as
             unlawful and BPCL will hold the Carriers legally responsible for the same.
             Additionally, BPCL also reserves the right in such an event, to forthwith
             terminate the contract and/or to impose such penalties on the Carriers as
             BPCL may deem fit.
    iv)      The Carrier shall be responsible for quantity and quality of the products
             received by him for transportation. Acknowledgement by any member of
             Crew of the tank lorry or by any other authorized person of the Carrier by
             way of signing on the Invoice or Challan or any other Dispatch Document
             would be sufficient proof of acceptance of product quantity and quality by
             the Carrier.
    v)       If any shortage in quantity and /or variation in quality of product are found
             at any stage after tank lorry leaves the Dispatch Location up to the
             Receiving location/Customer and unloading of the product, the Carrier
             would be responsible for the same irrespective of reason. BPCL would be
             entitled to recover from the carrier an amount as specified in Para 18(c)
             (i) of this agreement and other incidental outgoings suffered by BPCL.
             The same will be deducted from their bills.



                                         28
       vi)      BPCL does not take any responsibility to keep the Carriers lorries,
               loaded with product in its premises if the lorries arrive at BPCL Location
               beyond the regular working hours and on holidays.
       vii)    Loading of Bulk Lubricants/ Base Oils will be done by the Carriers strictly
               in accordance with the instructions given to the Carriers by BPCL‟s
               representative. The Carriers will be responsible for the filling and
               discharging of tank lorries.
       viii)   Only the staff attached to the contracted vehicles or representatives
               nominated by the Carriers shall be allowed entry inside BPCL‟s premises.
       ix)     The Carriers shall use tank lorry movement e-tracking system of V-
               TRANS Pvt. Ltd.

               The Carriers shall be solely responsible for the safe custody of the
               products once these are handed over to them.

3.     BPCL does not guarantee minimum mileage for each tank lorry per month nor do
       they guarantee the minimum number of lorries that will be utilized per month and
       no liability whatsoever shall be attached to BPCL account thereof.

4.     Dispatching location like Wadilube Installation shall decide the schedule of
       dispatches in such a manner as to ensure distribution of the transportation
       business amongst/between Carriers as per agreed/stipulated terms.

5. Health Safety & Environment

 Carrier will ensure that tank-lorries listed in the LOI / Work Order are always:

(a)      Maintained in sound mechanical conditions and having all the fittings up to the
         standards laid down by BPCL from time to time.
(b)      Meeting the following mandatory requirements of the BPCL:
         i.     tank-lorries are to be painted as per the style of painting attached and the
                specifications to be obtained from loading location, at the cost of Carrier.
         ii.    Additional declarations are made in Emergency Information Panel, color
                code band and logos and advertisement of the specified Brand names as
                directed by BPCL from time to time, etc is painted, at the cost of Carrier.
       iii.     All tank-lorries must be fitted with standard type retractable safety seat
                belts for both driver & cleaner.
      iv.       Bucket type adjustable seats should be provided for the drivers & cleaner
      v.        Safety helmets/ safety shoes for crew members as specified by BPCL.
      vi.       Insurance cover for Tank lorry crew (Rs. Five (5) Lakhs for accidental
                death & Rs. Fifty thousand (50,000) for medical cover).
      vii.      Training to PCVO drivers under Motor Vehicle Act & obtaining the
                endorsement on the driving license would be the responsibility of Carrier.
      viii.     The Tank lorry should meet the design of OISD RP 167/ Operations
                manual checklist for safety manual which are available at loading
                location.
         ix.    At the time of enrolment and subsequently at periodic intervals, the
                transporter shall get the drivers‟ health checked at least for blood
                pressure, sugar & vision and a medical certificate is submitted to location.
      x.        No night driving and the distance covered in one day should not exceed
                three hundred (300) KMs only.




                                             29
       BPCL reserves the right to take appropriate action as it deems fit if any of the
       above safety requirements is not complied by the transporter during the contract
       period.

(c)    Conform to the statutory regulations like Indian Petroleum Act, Petroleum Rules,
       Motor Vehicle Act etc. as applicable from time to time.
(d)    Properly calibrated / stamped under the Weights & Measures Act. These shall
       be calibrated for single capacity up to maximum permitted under Motor Vehicles
       Act. BPCL would be entitled for insisting for calibration at BPCL's premises at the
       cost of Carrier.
(e)    Have adequately trained Crew (driver and cleaner) for efficient operations. The
       driving license of the drivers should be endorsed for transportation of hazardous
       goods.
(f)    Be equipped with sufficient number of rubber hoses having suitable couplings at
       both ends, bonding/ earthing with heavy-duty crocodile clips and dip-rods duly
       certified by Weights & Measures Department.
(g)    tank-lorries should be clean and rust free and chambers are cleaned periodically.
(h)    The product during transit is to be Covered by Insurance Policy.

6(a)   The tank-lorries listed in the LOI / Work Order will be made available to BPCL at
       all times during the Agreement period at the loading location.
(b)    In case any of the tank-lorrie(s) is not made available by the Carrier on any day,
       BPCL would be free to use the services of any other tank-lorry and recover the
       difference in transportation charges from the Carrier.
(c)    Age of the tank-lorries offered should not exceed eight (8) Years during the
       contractual period. Carrier will ensure replacement with another tank-lorry having
       age of less than eight (8) Years in thirty (30) days. In case Carrier fails to provide
       replacement within thirty (30) days, BPCL will be free to engage any other tank-
       lorry.

(d)    The Officials of BPCL would be entitled to inspect at any time, the tank-lorries
       and/or the documents of the Carrier/its crew, which are liable to be carried under
       any statue/regulation or this agreement. Further, the Carrier shall submit to BPCL
       certified copies of the calibration certificate and their renewals for every tank-
       lorry.
7.     The Carrier shall obtain an acknowledgement from authorized personnel of
       receiving location(s) on prescribed copy of the dispatch document. This
       acknowledgement copy should be submitted to the dispatching location within 15
       days of product delivery.

8      Carrier will be responsible for all taxes, levies and other costs of running the
       tank-lorries / transportation business, which shall also include-
       i)      Salary, wages and other benefits and claims of Crew of tank-lorries and
               all employees of the carrier;
       ii)     Payment of road tax, insurance and any other fees like permit, route fee
               etc., levied by statutory authorities;
       iii)    Cost of fuel, lubricants, tyres, repair etc;
       iv)     Calibration fees and other fee payable to Weights & Measures
               Department;
       (v)     Compensation or any other benefit payable to tank-lorry Crew and it‟s
               other staff or third party under any statute or regulation both under regular
               working and arising from accident etc.



                                            30
9.     a) The Carrier shall be totally responsible for delivering the correct quality and
       quantity of the product as per invoice at the destination specified. The
       Carrier's/Transporter's driver     should satisfy himself         regarding the
       dips/temperature/weight and quality prior to the sealing of the tank lorry (ies). In
       the event of any loss of product recorded at the destination, the cost of such
       shortages will be debited and recovered either from the Carrier's bills, if any, with
       BPCL or shall be made good directly by the Carrier or will be adjusted against
       any deposit or other amounts payable to the Carrier, or against the Bank
       Guarantee submitted by the Carrier against Contract.

       b) In case of the BULK products transported, the transit loss shall be computed
       by BPCL on the basis of net volume (dip and temperature) at the loading storage
       point minus the net volume (dip and temperature) at the receiving Storage Point
       as per standard practices. The decision of BPCL regarding the
       assessment/determination of the losses by volume (dip and temperature) shall
       be final and binding on the Carrier/Transporter.

       c) Once the tank lorry leaves BPCL's loading storage point, it is the responsibility
       and accountability of the Carrier/Transporter to ensure that correct
       quantity/quality is delivered at destination.

       d) If any adulteration/contamination is established, the adulterated/contaminated
       product will be disposed off at the BPCL‟s discretion. All expenses/losses and
       cost of adulterated/contaminated product in this connection as determined by
       BPCL will be recoverable from the transporter. No freight payment for such trips
       will be made to the transporter. In addition to the above, if deliberate attempt for
       adulteration/contamination is established, action will be taken by BPCL as per
       Industry Transport Discipline Guidelines.

       e) The Carrier/Transporter shall make delivery in all instances within a
       reasonable time and will not permit his/their tank Lorries to be off the road for any
       unreasonable period and will not hold up deliveries for any cause. The
       Carrier/Transporter shall also be responsible for safe conduct of supplies in
       transit.

       f) It is essential that the Carrier/Transporter gets the names, addresses,
       designations and signature of their authorized agents duly registered in advance
       with BPCL and the signature of such authorized representatives of the
       Carrier/Transporter shall be indicated on the requisition slip of BPCL based on
       the intimation given by the Carrier/Transporter to BPCL for loading of products at
       BPCL‟s Installation. Any change or variation in the new designation of such
       authorized representative should be intimated in advance to BPCL.

       (g) The loading of the tank lorry (ies) at the Installation or any other storage point
       and the unloading thereof will be the sole responsibility of the Carrier/Transporter
       even though the same is done with the help of BPCL and this provision will not in
       any way affect or modify the liability of the Carrier/Transporter under any other
       provision hereof.

10. (a) Any loss of the product, issued on the basis of the requisition slip signed by the
        authorized representative of carrier/transporter will be at the entire risk, costs and



                                             31
       expenses of the carrier/transporter only. If, however, through any mistake,
       inadvertence, lack of prudence or foresight of BPCL or its Installation or Depot,
       any loading of the product is undertaken in the tank lorry(ies) in the absence of
       such requisition slips signed by the authorized representative, or in respect of
       any irregularity there in, the same will not absolve the carrier from liability in
       respect of transportation of such products and all the provisions contained in this
       agreement shall also apply to such products so loaded in such tank lorries.
       Carrier shall keep BPCL indemnified in respect of above. In case, BPCL is made
       liable to pay any part of above cost, the same shall be recovered from the
       Carrier. BPCL shall not be obliged to contest any claim made upon it for
       payment.
(b)    It is agreed that the tank-lorries covered by this Agreement shall operate at the
       sole risk of the Carrier. In no case, BPCL would be held responsible for any loss
       or damage done to / by the tank-lorry while on the BPCL's work or parked in their
       premises or anywhere else.
(c)    Carrier shall make their own arrangement for parking of their vehicle overnight
       and / or during holidays.
(d)    The Carrier shall comply with all statutory provisions relating to his trade /
       business / profession including his own employees or employees engaged by the
       Carrier and BPCL shall not be responsible for his omission or commission.
(e)    The Carrier will have a comprehensive Insurance Policy from an established
       Insurance Company for each vehicle and keep such Policy in force at all times to
       cover all risk of whatever nature inclusive of any damage caused by the tank
       lorries to BPCL's property. The Carrier/Transporter will produce for the perusal
       of BPCL, the original Insurance Policy and proof of payment all Insurance
       premium and charges in respect thereof as and when demanded by BPCL.

         Transit Insurance of the product will be taken by the carrier and it shall be
         at carrier‟s risk.
11. (a) BPCL will pay to the Carrier for the transportation work undertaken from the
         loading location and at the rates detailed in LOI / Work Order. This rate shall be
         valid for all roads and weather conditions and are calculated from loading
         location.
(b)      The above rates are subject to escalation / de-escalation as per formula given in
         Schedule- A.
(c) (i) Octroi charges levied on the product would be reimbursed by BPCL against
         production of original receipts on a monthly basis.
    (ii) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Carrier for their tank-
         lorries while transporting petroleum products under this Contract would NOT be
         reimbursed by BPCL.
(d)      The transport charges payable under this Agreement are based on shortest route
         approved by BPCL on one way distance basis
(e)      The procedure for payment of transport bills and octroi charges prevalent in
         BPCL from time to time would be binding on the Carrier.

12.   a) The Carrier/Transporter shall be responsible for the documents handed over for
        the product to be transported. Transporter/carrier should ensure that the
        “Duplicate copy for Transporter” which is considered as “CENVAT copy” of the
        STO/Invoice is handed over            to BPCL‟s/Customer representative at the
        Receiving Location. In the event of this copy being misplaced/lost in transit, the
        transporter will submit an affidavit stating the loss of CENVAT document. The
        affidavit will also include an undertaking for owning responsibility for submitting



                                            32
  the document if found at a later date and repaying back an amount equivalent to
  CENVAT credit in case BPCL suffers financial loss on account of this. The
  amount in lieu of CENVAT credit, if required, will be recovered from the pending
  bills of the transporter or other amounts payable to the transporter or against
  Bank Guarantee furnished by the transporter against the contract.

  b) The Carrier would provide consignment notes for each consignment loaded on
  a daily basis to the loading location. Also the Carrier would provide transportation
  bill to the base location for each of the consignment carried during the month, by
  10th of the following month.
  c) BPCL would periodically review the performance of the Transporter/its crew on
  operational as well as the health, Safety & environment aspects. If the
  performance is not satisfactory then BPCL would have the right to take
  appropriate action.

13. ADHOC CONTRACTS/ PERFORMANCE OF THE CARRIER

  a) If at any time during currency of this agreement the Carriers fails to provide
  the tank lorry within twenty four (24) hours on demand/intimation or transport the
  product as provided herein and / or fails to perform the various other obligations
  specified in this agreement, BPCL may in its discretion and without prejudice to
  its other rights and remedies engage the services of other Agencies to perform
  the obligations and transport the products and in such an event the additional
  expenses incurred by BPCL in this connection shall be debited to the Carrier.

  b) BPCL reserves the right to impose a penalty on the Carrier(s) at the rate of
  Rs. Five hundred (500) per day of non-placement of Tank lorry beyond twenty
  four (24) hours from the call up time for the destination subject to maximum
  defaulting period of five (5) days for each trip loss and such penalties shall be
  recovered from the Carrier(s) bills unless satisfactory explanation is given by the
  Carrier(s) in writing, for the delay.

  c) Performance, with regard to placement of Tank lorries as per terms and
  conditions of the tender, will be evaluated on a month to month basis which
  should be above 90%, should there be a shortfall, BPCL will take action as
  deemed fit including termination of the contract.

14. DETENTION CHARGES
  a) Detention charges of Rs five hundred (500) per day are payable for detention
  at loading/unloading points provided the detention is a result of BPCL‟s inability
  to load/unload the consignment within twenty four (24) hours of arrival of the tank
  lorry which means that the detention time commence only after the expiry of
  twenty four (24) hours of reporting the arrival of the tank lorry at the proper
  loading/unloading destination on a working day. The tank lorry should arrive on a
  working day at least three hours prior to the normal closing time of the unloading
  destination (1700 hrs. on week days & 1300 hrs. on Saturdays for BPC
  locations).   Should the tank lorry reach the unloading destination on a
  Holiday/Sunday then the detention will be computed after twenty four (24) hours
  from the commencement of working hours on the first working day following the
  Holiday/Sunday. If the tank lorry reaches the destination storage point, at say
  10.00 hours i.e. three hours before the closing time of, say 1300 hrs. on
  Saturday, the detention time will be computed from 10.00 hrs. of the next working


                                       33
      day up to the time of release of the tank lorry. Tank Lorries reaching less than
      three hours before closing time on a working day will be considered as reporting
      on the following working day.
      b) Detention charges at loading/unloading points shall be payable by BPCL to the
      Transporter as per agreed norms provided such detention details are properly
      endorsed, signed and stamped on the receipt documents. However, all efforts
      will be made by BPCL to avoid delays/detentions


15.    CARRIER(S) EMPLOYEES
      (i)   For the purpose of carrying out this job the Carrier(s) shall employ or
            engage their own personnel. Persons so employed by the Carrier(s) shall
            not be deemed to be in employment of BHARAT PETROLEUM
            CORPORATION LIMITED and the supervision and control of such
            employees shall rest always with the Carrier(s).
      (ii)  The Carrier(s) shall undertake that no person working for them is a
            foreigner, shall enter into the premises declared by the Government of
            India as “Protected Places” including locations of BPCL or as advised.
            The Carrier(s) further undertake to strictly abide by the Defence of India
            Act and Rules.
      (iii) If however, any claim is made by any employees of the Carrier(s) against
            BPCL for wages, Compensation or any sum or dues, the Carrier(s)
            agrees to indemnify BPCL of all such claims and to pay all the expenses
            which BPCL may incur in defending any proceedings pursuant to such
            claims.
      (iv)  Unauthorized driving of the Carrier(s) tank lorry by his
            employees/contractors/agents/representatives, who do not possess valid
            heavy vehicle driving licenses within or outside BPCL‟s premises while
            handling transportation for BPCL, shall not be permitted.
      (v)      The Carrier(s) and his employees/contractors/agents/representatives
               shall abide by the rules and regulations of Wadilube Installation/Other
               locations when they are within the BPCL‟s premises. All safety
               precautions as per BPCL‟s rules should be observed by the Carrier(s)
               and his / their employees/contractors/agents/representatives within
               Installation/Location premises.
      (vi)     The Carrier(s) will indemnify BPCL against the consequences arising out
               of their or their workmen‟s/servant‟s/agent‟s default or negligence or
               violation or non-adherence to Municipal/State/Central Acts relating to the
               carriage of goods.
      (vii)    Should BPCL be held liable for any loss, damage or compensation to
               third parties arising from or in relation to the transport operation under this
               agreement such loss, damage or compensation shall be reimbursed by
               the Carrier(s) to BPCL together with the cost incurred on any legal
               proceedings pertaining thereto.
      (viii)   The Carrier(s) shall observe and comply with the requirements of the
               Minimum Wages Act, the ESI Act and all other Industrial/Labor
               legislations for the time being in force or may later be brought into force
               governing the relationship between the employer and the employees and
               also undertake to hold BPCL indemnified against all claims, payments,
               losses that BPCL may have to make or suffer on account therefore.




                                             34
           (ix)   The Carrier(s) shall, whenever required by BPCL or Government official
                  authorized under law, produce for inspection all forms, registers and other
                  papers required to be maintained under the various statutes. The
                  Carrier(s) will accept liability for payment of compensation in accordance
                  with the provision of the Workmen‟s Compensation Act, 1923, read with
                  ESI Act, 1948, or amendments thereafter for personal injury caused to
                  any workmen by accident arising out of and in the course of his
                  employment by the Carrier(s) in the discharge of the Carrier(s) obligations
                  under the Agreement. The Carrier(s) will indemnify BPCL and keep
                  indemnified from and against all payments by way of compensation or
                  otherwise which BPCL may be called upon to make under the provisions
                  of the said act to any such workmen as aforesaid and any expenses
                  incurred by BPCL in-connection with any claim preferred by such
                  workmen and/or against all actions, claims and demands whatsoever in
                  respect thereof or in respect of any loss, injury or damage whatsoever to
                  any third party, person caused by the Carrier(s) their workmen, servants
                  and agents.
           (x)    The Carrier(s) shall not engage any child or bonded labour for handling
                  his work in connection with this contract or contravene any of the
                  Government rules and regulations in this regard.
           (xi)   The Carrier(s) should ensure that no person in the vehicle should smoke
                  and no fire or other ingredients of ignition should be permitted in the
                  vicinity of the vehicle. No other goods should be carried in the vehicle.
                  The vehicle engaged for transportation of BPCL‟s goods shall not carry
                  any persons and/or goods other than the crew along with the load
                  containing BPCL‟s goods.

16     (a)        The Carrier shall deposit a sum of Rs. Fifteen Lakhs (Rs.15,00,000/-) as
                  Security Deposit for due fulfillment of terms of this Agreement. This sum
                  shall not bear any interest. Further, BPCL would accept bank guarantee
                  of Rs.13.0 lakhs and balance amount of Rs.two lakhs (Rs.2,00,000/-) as
                  DD. The BG shall be valid till six (6) months from the date of expiry of the
                  Agreement.
       (b)        BPCL shall be entitled to adjust any sum due to it from the Security
                  Deposit amount and / or any transport / other charges / dues pending for
                  payment to the Carrier against any other contract. The decision of the
                  BPCL will be final and binding on the Carrier.

17   (a)          The Carriers will be responsible for loading and discharging of the tank-
                  lorries. All the instructions of BPCL with regard to the same would be
                  binding on the Carrier.
     (b)          Only the Crew of the tank-lorry and authorized representative of the
                  Carrier shall be allowed entry inside the BPCL‟s loading / unloading
                  locations.

18 (a) The Carrier shall be responsible for quantity and quality of the products received
       by him for transportation. Acknowledgement by any member of Crew of the tank-
       lorry or by any other authorized person of the Carrier by way of signing on the
       Challan or any other Dispatch Document would be sufficient proof of acceptance
       of product quantity and quality by the Carrier.




                                               35
  (b) The Carrier will comply with and give full co-operation to BPCL in meeting the
      requirements of prevailing “Marketing Discipline Guidelines - 2005” as applicable
      to them.
  (c) If any shortage in quantity and / or variation in quality of product is found at any
      stage after tank-lorry leaves the Despatch location up to Receiving location, the
      Carrier would be responsible for the same irrespective of reasons and BPCL
      would be entitled to recover losses as given below : –

       (i)    In case of quantity shortage in STO & Sales movements due to any
              reason like accident, theft, robbery, hijacking of Tank lorry etc., recovery
              will be made for such short quantity at the following rate:

              a) For Group I & Group II Base Oils:
              Listed Sales Price including Duty + 20% of Listed sales price as Penal
              charges.

              b) For other Base Oils & Additives:
              Assessable Value plus Excise Duty + 20% of this value (i.e. Assessable
              Value + Excise Duty) as Penal charges.

              c) For Semi finished bulk products (HALB):
              Dealer Billing Price (DBP) (i.e. Assessable Value + Excise Duty) + 20% of
              DBP as Penal charges.

      (ii)    In case of variation in quality, BPCL at its' discretion may dispose off the
              contaminated product. All expenses / losses and cost of product in this
              connection as determined by BPCL shall be recovered from the Carrier.

       Above would be in addition to and without prejudice to BPCL's right of
       termination of this Agreement as per clause 24.

19.    Carrier will be responsible for ensuring that:

       (a)    Rules and regulations of BPCL in force are followed by him, his staff and
              Crew of tank-lorry.
       (b)    All fittings in TANK LORRY should be ISI marked. Each TANK LORRY
              should carry one portable ISI marked 10 KGs DCP fire extinguisher in an
              easily accessible position away from the TANK LORRY unloading
              facilities and one portable 1 KG CO2 / DCP / Approved equivalent fire
              extinguisher in driver‟s cabin. BPCL may ask for additional fittings /
              equipments as per requirement.
       (c)    Each TANK LORRY should have double pole wiring system and should
              have security system arrangement as required by BPCL.
       (d)    Any security system (e.g.: locking system) decided by BPCL to guard
              against malpractices will be unconditionally accepted by Carrier. The
              modification / modifications of fittings if any on TANK LORRY would be
              undertaken at the workshops nominated by the BPCL, the cost of which
              will be borne by the Carrier. Carrier shall be responsible for safety /
              maintenance of such security systems.
       (e)    Tank-lorry delivers the product to the consignee specified.
       (f)    The Crew has the correct delivery documents.




                                            36
       (g)     Tank-lorry follows the normal / approved route from loading location to
               receiving location.
       (h)     Average trip-time is maintained.
       (i)     Signature of recipient is obtained on the delivery documents.
       (j)     Wherever required by BPCL, collect Cheques / DD / bank-slips etc from
               the recipient after ensuring that remittances are correctly drawn and
               deposit the same to the dispatch location.

20.    In case any of the tank-lorries meets with an accident while it is loaded with
       BPCL's product, the Carrier shall:

       (a)     Arrange conveying of information to dispatch storage points as also
               nearest police station;
       (b)     Guard the tank-lorry and product till arrival of rescue agencies;
       (c)     Arrange another fit tank-lorry to salvage the product from Accident tank-
               lorry;
       (d)     Bring such transshipped / salvaged product to Dispatch Storage Point or
               other location as directed by the BPCL at Carrier's cost.
       (e)     Be responsible and liable for loss / claims as determined by BPCL

21(a) Carrier shall be responsible for any damage or loss caused to BPCL‟s product or
      property by negligence or default of its Crew, authorized representative or tank-
      lorry. This will also include confiscation of BPCL's product delivered to the
      Carriers by any statutory authorities.

(b)The Carrier should strictly adhere to the “BPCL Transport Discipline Guidelines” as
    enumerated in Annexure I to this Agreement.

22(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right,
      title and interest under this Agreement for any reason whatsoever, or change the
      ownership of / their right on the tank-lorries.

(b)    The Carrier shall not cause or allow any change in the constitution of its firm
       without obtaining the previous written consent of BPCL.

23.     Addition of new locations: During the currency of the contract, if the need arises
       for a new station/location then following situations may arise:
       1. The new location is within thirty (30) kms radius of already allotted station in
          the agreement and both the stations are within same State then it will be
          considered as movement to same place and no differential payment shall be
          applicable.
       2. The new location and the nearest location are within the same State but
          beyond thirty (30) kms then the rates will be worked out on pro-rata basis and
          the transporter(s) to whom such station is already allotted will be liable to
          carryout the movement to new station at worked out pro-rate rates and upon
          written intimation from BPCL of such inclusion of new stations the scope of
          work of the transporter shall automatically be amended with such intimations
          and all the other terms and conditions of the contract shall be applicable to
          such new stations also.




                                             37
    3. The new location and the nearest allotted station in the Agreement are in
       different States then rates will be established by calling quotations from all
       the existing transporters.


24 LOCAL CONTACT OFFICE

    It is necessary that the Carrier(s) shall have a contact office at Mumbai and get
    the Photographs, names and addresses, designations and signatures of their
    authorized representatives duly registered in advance with BPCL.
25. The Carrier would be required to take fuel/Lubricants for the tank-lorries engaged
    by BPCL, at the Smart Fleet Retail Outlets of BPCL. For this the Carrier would
    have to enroll under CMS Fleet Card scheme for his fuelling requirements. A
    minimum of 25% of the billing amount from the Carrier‟s monthly transportation
    bill shall be deducted and the same shall be credited to his CMS Fleet Card
    account.

26. FORCE MAJEURE CLAUSE:
    If at any time during the continuance of the Contract the performance in whole or
    part by either party of any obligation under the Contract shall be prevented or
    delayed by reason of any war, hostility, act of public enmity, civil commotion,
    sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes,
    lockouts or Acts of God (hereinafter referred as event), then provided notice of
    happening of any such event is given by either party to the other within twenty
    one days from the date of occurrences thereof, neither party shall by reasons of
    such event be entitled to terminate this contract nor shall either party have any
    claim for damage against the other in respect of such non-performance.

    Dispatches under the Contract shall be resumed as soon as practicable after
    such event has come to an end or ceased to exist and decision of Head Lubes
    SBU, Bharat Petroleum Corporation Ltd., as to whether the deliveries have been
    so resumed or not, shall be final and conclusive. Provided further that the
    performance in whole or part of any obligation under the contract is
    prevented/delayed by reason of any such event specified above for period
    exceeding sixty days, either party may at their option terminate the Contract.
    Neither party to this Agreement shall be liable for the non-performance of any of
    its obligations under this Agreement so far as such non-performance is
    occasioned by conditions of the Force Majeure. Any proper definition of Force
    Majeure means natural calamities like floods, earthquake, riots and other acts of
    God, etc.

27. This Agreement would be valid for period of one (1) year from the effective date
    as given in the LOI / Work Order with option at the discretion of the Corporation
    to extend it by one (1) more year. However, BPCL reserves the right to terminate
    this Agreement by giving fifteen (15) days advance notice without being liable to
    give any reason or pay any compensation.

    Notwithstanding anything to the contrary contained hereinabove, BPCL reserves
    the right to terminate this Agreement forthwith upon or at any time after
    happening of any of the following -




                                        38
(a)       If the Carrier, its' proprietor or any partner is adjudicated insolvent or become
          bankrupt or goes into liquidation whether voluntary or otherwise.
(b)       If attachment in execution of a decree is passed against the Carrier, its proprietor
          or any of its partners.
(c)       If road permits or statutory licenses / permissions granted to Carrier / its tank-
          lorries by transport or any statutory authorities is cancelled or revoked.
(d)       If any of the information submitted by the Carrier in the tender is found incorrect
          at any time.
(e)       Breach of any of the terms or conditions of this Agreement by the Carrier.
(f)       If the Carrier commits or suffers to be committed any act which in the opinion of
          BPCL whose decision shall be final, is prejudicial to the good name / image of
          BPCL or its‟ products or its services.
(g)       If the Carrier causes disruption in transportation of bulk petroleum products. The
          decision of BPCL will be final and binding on the Carrier.
(h)       On the death or retirement of proprietor or any of the partners of the Carrier firm.
          However, in case, BPCL does not exercise this option, the Agreement shall
          continue as between BPCL and surviving / continuing partners of the Carrier.
          The legal representatives of the deceased partner or the retiring partner himself
          shall be liable for all the obligation of the carrier incurred up to the date of death
          or retirement but shall not be entitled to claim from BPCL any portion of Security
          Deposit. BPCL shall account for Security Deposit to the surviving or continuing
          partners. The death or retirement of any partners shall be notified by the Carriers
          to BPCL in writing within twenty four (24) hours of such death or retirement.
(i)       If the crew of the carrier commits any unsafe act such as rash driving, accident,
          non adherence to safety guidelines and not using safety/protective equipments
          etc. within or outside BPCL premises.
(j)      If the Carrier, its proprietor or any partners or Tank lorry crew misbehaves (abuse/
          threat/ assault/ manhandles) with the consumers/Dealers or with the employee of
          BPCL.

28.       ARBITRATION CLAUSE:
      a) Any dispute or difference of any nature whatsoever any claim, cross-claim,
      counter-claim or set off of the Company against the contractor or regarding any right,
      liability, act omission or account of any of the parties hereto arising out of or in
      relation to this agreement shall be referred to the Sole Arbitration of the Director
      (Marketing) of the Company or of some Officer of the Company who may be
      nominated by the Director (Marketing). The Contractor will not be entitled to raise
      any objection to any such arbitrator on the ground that the arbitrator is an Officer of
      the Company or that he had dealt with the matters to which the contract relates or
      that in the course of his duties as an Officer of the Company he had expressed views
      on all or any other matters in dispute or difference. In the event of the arbitrator to
      whom the matter is originally referred being transferred or vacating his office or being
      unable to act for any reason, the Director (Marketing) as aforesaid at the time of such
      transfer, vacation of office or inability to act may in the discretion of the Director
      (Marketing) designate another person to act as arbitrator in accordance with the
      terms of the agreement to the end and intent that the original Arbitrator shall be
      entitled to continue the arbitration proceedings notwithstanding his transfer or
      vacation of office as an Officer of the Company if the Director (Marketing) does not
      designate another person to act as arbitrator on such transfer, vacation of office or
      inability of original arbitrator. Such persons shall be entitled to proceed with the
      reference from the point at which it was left by his predecessor. It is also a term of
      this contract that no person other than the Director (Marketing) or a person



                                               39
nominated by such Director (Marketing) or the Company as aforesaid shall act as
arbitrator hereunder. The award of the arbitrator so appointed shall be final
conclusive and binding on all parties to the agreement subject to the provisions of
the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and
the rules made there under for the time being in force shall apply to the arbitration
proceedings under this clause.

b) The award shall be made in writing and published by the Arbitrator within two
   years after entering upon the reference or within such extended time not
   exceeding further twelve months as the Sole Arbitrator shall by writing under his
   own hands appoint. The parties hereto shall be deemed to have irrevocably
   given their consent to the Arbitrator to make and publish the award within the
   period referred to hereinabove and shall not be entitled to raise any objection or
   protest thereto under any circumstances whatsoever.

c) The arbitrator shall have power to order and direct either of the parties to abide
   by, observe and perform all such directions as the arbitrator may think fit having
   regard to the matters in difference i.e. dispute before him. The arbitrator shall
   have all summary powers and may take such evidence oral and / or
   documentary, as the arbitrator in his absolute discretion thinks fit and shall be
   entitled to exercise all powers under the Arbitration Act 1940 including admission
   of any affidavit as evidence concerning the matter in difference i.e. dispute before
   him.

d) The parties against whom the arbitration proceedings have been initiated, that is
to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim,
counter-claim or set off before the Arbitrator in respect of any matter an issue arising
out of or in relation to the Agreement without seeking a formal reference of arbitration
to the Director (Marketing) for such counter-claim, cross-claim or set off and the
Arbitrator shall be entitled to consider and deal with the same as if the matters
arising there from has been referred to him originally and deemed to form part of the
reference made by the Director (Marketing).

   e)      The arbitrator shall be at liberty to appoint, if necessary any accountant or
engineer or other technical person to assist him, and to act by the opinion so taken.

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

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

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




                                         40
   29. The parties hereby agree that the court in city of Mumbai alone shall have
       jurisdiction to entertain any application or any award/s made by the Sole
       Arbitrator or other proceedings in respect of any thing arising under this
       Agreement.
   30. This Agreement contains the entire agreement of the parties with respect to the
       subject matter hereof and supersedes all prior Agreement of understandings
       between the parties, if any, there being no extraneous Agreements. This
       Agreement constitutes the entire understanding between the parties hereto and
       there are no promises or assurances, express or implied, written or verbal other
       than those contained in this Agreement. No alteration / variation of any of the
       terms of this Agreement shall be valid unless made with the consent of both the
       parties and evidenced in writing duly signed by authorized representatives of
       both the parties.
31.   All notices and other communications to be given under this Agreement by
      either party to the other shall unless otherwise specifically agreed be given
       in writing by Registered Post or hand delivery against acknowledgement
       to the following addresses of the respective parties.

       HEAD (SCM) LUBES
       BPCL,
       Address of SCM Office
       ______________
       ______________

       Name of Carrier,
       Address,
       __________                                                             Self attested passport
       __________                                                             size recent color
                                                                              photograph of the
Signed and witnessed at ___________ on _________.                             Carrier (Individual or
                                                                              Authorized Signatories)
                          For BPCL
WITNESS       1.

              2.

                                             M/s. _____________________
                                             (Authorized Signatory)




For CARRIERS
WITNESS     1.

              2.
                                     M/s. ________________________
                                     (PROP. /PARTNER/DIRECTORS)




                                            41
                                                             (2.14) Attachment- 6
                                 Technical Bid

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

BANK GUARANTEE

1.     In consideration of Bharat Petroleum Corporation Limited having its registered
       office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400
       001 (hereinafter called          "BPCL" having agreed to exempt M/s.
       ____________________(Hereinafter called "the said Carrier(s)") from the
       demand under the terms and conditions of an Agreement dated ___________
       made between _________________ BPCL______________ and the Carrier(s)
       ____________for (hereinafter called "the said Agreement") of the Security
       Deposit for the due fulfillment by the said Carrier(s) of the terms and conditions
       contained in the said Agreement on production of Bank Guarantee for Rs.
       _________            (Rupees         ________________             only),       We
       ____________________(name of Bank) (hereinafter referred to as "Bank") at the
       request of M/S _______________________ (Carrier(s) ) do hereby undertake
       to     pay     to       BPCL an amount not exceeding Rs. ________ (Rupees
       _________________ only) against any loss or damage caused to or suffered
       or would be caused to or suffered by BPCL by reason of any breach by the said
       Carrier(s) of any of the terms and conditions contained in the said Agreement.

2.     We ______________ (name of the Bank) do hereby undertake to pay the
       amounts due and payable under this guarantee without any demur, merely on a
       demand from BPCL stating that the amount claimed is due by way of loss or
       damage caused to or would be caused to or suffered by BPCL by reasons of
       breach by the said Carrier(s) of any of the terms and conditions contained in the
       said agreement or by reason of the Carrier‟s failure to perform the said
       Agreement. Any such demand on 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.
       _________________ (Rupees _________________ only).

3.     We undertake to pay to BPCL any money so demanded notwithstanding any
       dispute or disputes raised by the Carrier(s) in any suit or proceeding pending
       before any Court or Tribunal or Arbitrator relating thereto our liability under this
       present being absolute and unequivocal. The payment so made by us under this
       guarantee shall be a valid discharge of our liability under this guarantee for
       payment there under and the          Carrier(s) shall have no claim against us for
       making such payment.

4.     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 BPCL under of by virtue of the said Agreement
       have been fully paid and its claims satisfied or discharged or till BPCL certifies
       that the terms and conditions of the said Agreement have been fully and properly
       carried out by the said Carrier(s) and accordingly discharge this guarantee.
       Unless a demand or claim under this guarantee is made on us in writing on or



                                            42
     before _____________ we shall be discharged from all liabilities under this
     guarantee thereafter.

5.   We _______________________ (name of Bank) further agree with the
     ________________ BPCL that BPCL 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 Carrier(s) from time to time or to postpone for any time
     or from time to time any of the powers exercisable by BPCL against the said
     Carrier(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 Carrier(s) or for any
     forbearance, act or omission on the part of BPCL or any indulgence by BPCL
     to the said Carrier(s) or by any such matter or thing whatsoever which under
     the law relating to sureties would but for this provisions have effect of so
     relieving us.

6.   This guarantee will not be discharged due to the change in the constitution of the
     Bank or the Carrier(s).

7.   We ___________________ (name of the Bank) lastly undertake not to revoke
     this guarantee during its currency except with the previous consent of BPCL in
     writing.


     Dated ____________________ day of ____________ 2008.



     For __________________________
           (Indicate name of the Bank)




                                         43
                                                                 (2.15) Attachment – 7
                                                                         Technical Bid
(On Non-Judicial Stamp Paper as prescribed in the respective State)
GENERAL IRREVOCABLE POWER OF ATTORNEY

We, the undersigned (1) Shri ________________________________ (2) Shri
_________________________ (3) Shri ___________________ all residing at
_________________ the Partners / Directors of M/S __________________________
having its    registered office at _________________________________ do hereby
nominate, authorize and appoint Shri __________________________________ & Shri
_____________________ who are our Partners/Directors in the firm to act as attorneys
of our firm M/S ____________________ with full power and authority to exercise the
following powers or any of them on our behalf and on behalf of our firm:

i)     To sign, seal, execute, perfect and/or complete the tender document of
       transportation of petroleum products and also other relevant     documents
       required by       M/S __________________ Corporation Ltd. (hereinafter called
       BPCL) in respect thereof.

ii)    To negotiate, enter into correspondence with BPCL and do all and everything
       necessary suitable or proper with regard to the said tender for transportation of
       petroleum products.

iii)   To sign, seal, execute, perfect and/or complete Transport Contract Agreement
       and all and/or any other document, Indemnity Bond etc. Required by BPCL in
       connection with the said Transport Contract Agreement.

iv)    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 BPCL.

We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever
the said Shri. __________________, and Shri____________________ shall or may do
or cause to be done in or about the said 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 two ______________.

                                                                 Signatures


Signed, Sealed and delivered by                    1) Shri___________________
the within named partners/                         2) Shri___________________
Directors of M/S _____________                     3) Shri___________________

Before me.
Notary public
(Notary's Stamp)



                                          44
                                                                   (2.16) Attachment – 8
                                                                           Technical Bid

UNDERTAKING

We declare as under:

1.     That the tank-lorries offered under contract to BPCL__________ Location has
       not been withdrawn from any other contract with any other Oil Company or any
       other Location of BPCL.
2.    That the tank-lorries under reference are not attached with any other Party/
       Carrier/ Distributor and have not been withdrawn without their prior consent.
3.    That the subject tank-lorries are not involved in any litigation other than routine
       cases of road accident or any violation of Motor Vehicles Act.
4.    That we have not been blacklisted so far by IOC/ BPC/ HPC/ IBP.
5.    We further confirm that the details as furnished by us have been verified and
       found correct. We undertake to place the tank-lorries at the disposal of BPCL in
       case the contract is awarded in our favor. If any information is found to be
       incorrect, the contract if awarded to us shall be liable to be cancelled and we
       shall be liable to pay to BPCL such damages/ losses/ claims as BPCL may put to
       due to termination of the contract. We also undertake that should there be any
       action against BPCL resulting in damages of whatsoever nature to BPCL on
       account of award of contract in our favor on the basis of the misrepresentations,
       we shall keep BPCL completely indemnified against all the claims/ losses/
       damages/ litigations/ court action etc.



      Date:

      Signature__________________
      Name of Person signing__________________
      Tenderer's Name and address with seal___________________




                                           45
(AFFIDAVIT FOR ATTACHED LORRIES ON RS 20/- STAMP PAPER)

I/We                   _____________________________S/o                           Shri
_________________________________                        resident                   of
____________________________________________ do hereby solemnly affirm and
declare as under:
1. That I/We are the owners of tank lorry no. ____________________ bearing engine
no. _________________ Chassis No.___________________ make ___________ and
model ________________________.
2. THAT I/We have attached/shall keep attached the above mentioned tank lorry with
M/s ___________________________________ till the validity of Transport Contract
awarded by M/s Bharat Petroleum Corporation Limited in favor of M/s
____________________________.
3. THAT During the above period M/s ___________________________ alone shall
have the rights of operating the said tank lorry and receiving consideration for such
operation.


DEPONENT

(OWNER OF TANKLORRY)




                                         46
                                                                    ANNEXURE I


BPCL TRANSPORT DISCIPLINE GUIDELINES


I)     TRANSPORT AGREEMENT:

A.     Tank-lorry shall not be used for any product other than the designated petroleum
       products.
B.     The Carrier will ensure that the name of the base location of BPCL is indicated in
       block “D” of Emergency Information Panel.
C.     All cases of malpractice and adulteration shall be dealt in accordance with
       Transport Discipline Guidelines and these guidelines shall form part of the
       Transport Agreement.
D.     All the clauses of the Transport Agreement (applicable to Bulk Lubes Tank lorries)
       shall be adhered to.

II)    FITNESS OF TANK LORRIES:

A.     Carrier shall be responsible for providing tank-lorry fit in all respects to carry
       petroleum products and transporting/ delivering the same in good condition, as
       per specifications, to the Dealers/ Consumers/ Receiving locations and shall be
       held accountable for any malpractice/ adulteration en route.
B.     Tank-lorry shall be duly approved for its design/ fittings by Explosives
       Department. Transporter shall be responsible for ensuring that the status of the
       tank-lorry fittings is maintained in accordance with the licensing authority
       conditions at all times.
C.     Tank-lorry without valid Explosives License/Calibration certificate will not be
       utilized, unless authorized by Explosives Department to use the tank-lorry
       pending renewal.
D.     The original and a copy of the valid Explosives License/ Calibration certificate
       shall be submitted to the Loading Location. Original certificate shall be returned
       to the Carrier after verification.

III)   CALIBRATION OF TANK LORRIES:

A.     Carrier shall carry valid Calibration Certificates for tank-lorries issued by Weights
       and Measure Department at all items.
B.     The original and a copy of the valid calibration certificate shall be submitted to
       the loading location. Original certificate shall be returned to the Carrier after
       verification.
C.     Tank-lorry shall be calibrated for single capacity in line with MV Act.
D.     Carrier to provide dip hole/Dip pipe in geometrical center of the compartment with
       manhole fitting duly welded.
E.     Datum Plate height should not be more than 10 mm from the bottom plate and
       should be shown in the drawing.
F.     Carrier if found tampering with calibration of vehicle in any manner resulting in
       malpractice and loss of product will be liable for recovery for the alleged losses
       from the date of last calibration. BPCL may also terminate the contract.




                                            47
IV)      PRODUCT RECEIPT IN TANK LORRIES / MALPRACTICES AT RECEIVING
         LOCATION:

In case of doubt as to the quality of the product following action shall be taken:

1. Inform Loading location.

      2. Draw three (3) nos. of composite samples of 750 ml each in the presence of tank
         lorry crew. Prepare sample tags. Signing on the sample tags and sealing of the
         sample containers shall be done jointly by BPCL representative and tank lorry
         crew. One sample shall be retained by the BPCL representative, one sample to
         the tank lorry crew and one sample taken to the loading location.
      3. The transport crew/representative & BPCL representative shall prepare a joint
         statement mentioning the compartment wise observed density, Challan density &
         the variation and shall sign the statement.
      4. The tank lorry shall be returned to the Loading location at the carrier‟s cost as
         directed by BPCL.
      5. On arrival of the tank lorry action in the presence of transporter/tank lorry crew
         shall be taken by the Loading location as under:
         a) Collect the samples drawn at the Consumer‟s premises.
         b) Check dips/weight of tank lorry and subject tank lorry samples to visual check
             and presence at water.
         c) Draw 3 nos. of samples in the presence of tank lorry crew. Prepare sample
             tags. Signing on the sample tags and sealing of the sample containers shall
             be done jointly by the Loading location and tank lorry crew/transporter‟s
             representative. One sample shall be retained by the Loading location one
             sample handed over to the tank lorry crew/transporter‟s representative and
             one sample sent to the nearest Oil Company‟s laboratory for testing.
             (Repeating from sr no 2 above)
      6. The tank-lorry, thereafter, shall be sealed again in the presence of the Carrier/
         tank-lorry crew and parked for safe custody within the Loading Location.
      7. On receipt of test results from the lab, transporter shall be suitably advised and
         action taken as outlined hereunder on actions for malpractices / adulteration.

V)       All incidents of malpractices and adulteration are categorized as under:

A)       MALPRACTICES

Malpractices will also cover any of the following:

a.       Tampering with standard fittings of tank-lorry including the padlocks/bullet type
         seals & pad lock/ bullets type seals fittings for pilferage of product/s.
b.       Diversion from specified route without valid reason.
c.       Exceeding trip time.
d.       Tank-lorry used for product other than petroleum product.




                                             48
i)     Deliberate Attempt

a.     In case the malpractice/ irregularity is punished under W & M Act, the Weights &
       Measures Dept. shall be advised and if need be, re-verification of calibration shall
       be arranged.
b.     tank-lorry caught for having indulged in malpractices shall be immediately
       suspended by the location-in-charge. However, an investigation shall be
       conducted as per the laid down procedure of the BPCL. If the investigation
       confirms the malpractice then the tank Lorry shall be blacklisted.
c.     On investigation, if it proved that the tank-lorry crew alone is responsible for the
       malpractice/irregularity, then that particular tank Lorry alone shall be blacklisted
       along with the tank-lorry crew. However, if the investigation reveals the complicity
       of the Carrier, then the whole contract comprising all the tank-lorries belonging to
       the concerned Carrier shall be cancelled and all tank-lorries black listed.
d.     The period for blacklisting a tank-lorry shall be two (2) years. However, BPCL
       reserves the right whether to lift the ban on the concerned tank-lorry after the
       period of two (2) years is over. Depending upon the seriousness of the offence,
       the tank-lorry may be banned permanently.
e.     A list of all such blacklisted/ banned tank-lorries showing their registration nos.
       along with their engine and chassis nos. shall be prepared and circulated to other
       Regions and Other Oil Companies so that tank-lorries banned by one location/
       Oil Company are not engaged by other locations/ Oil Companies.
f      Locations shall maintain records of all such blacklisted/ banned tank-lorries with
       all relevant details in a register and exchange this information with their
       counterparts in other Oil Companies periodically.

ii)    Other Causes

       In all cases of malpractices/ irregularities for pilferage of the product where it is
       difficult to establish deliberate attempt on the part of the Carrier/ tank-lorry crew,
       action stipulated under clause [V-A (i)] above shall be initiated except
       suspension/black listing of tank-lorry. However, Carrier shall be warned and
       asked to remove the tank-lorry crew.

B)     Adulteration

In all cases of suspected adulteration of products in tank-lorry due to deliberate attempt
by Carrier/ tank-lorry crew or due to other causes and their subsequent confirmation by
the lab, action against the transporter shall be initiated as under:

i)     Deliberate attempt

a.     Disposal of the contaminated product shall be as per advice from Quality Control
       Department.
b.     Incidental expenses and any other expenses sustained by the concerned oil
       company for disposal of the contaminated product shall also be recovered from
       the transporter.
c.     No transportation charges shall be paid for the futile trip to the Dealer/ Consumer
       or Receiving Location as well as for the subsequent trip for delivering the
       adulterated/ contaminated product to the concerned oil company‟s nominated
       location for disposal of the product.




                                            49
d.      Action against the Carrier for suspension/blacklisting of tank-lorry/s or termination
        of transport contract shall be initiated as stipulated under clause [V-A (i)].

ii.     Other causes:

        Action for disposal of the contaminated product and cost recoveries from the
        transporter thereof shall be the same as that under clause [V-A (i)]. However, in
        case of accidental contamination, decision for suspension/ blacklisting of the
        tank-lorry/s shall be based on the investigation report.

VI      HEALTH SAFETY & ENVIRONMENT

REQUIREMENTS

i.      All rules / regulations and statutory requirements shall be strictly
        followed by the transporter and their work force i.e. drivers / cleaners
        at the work place and on the road while transporting petroleum goods.
ii.     Driver and cleaner shall wear safety belts while driving vehicle on the road.
iii.    No tank-lorry shall be plied by the driver without cleaner, either on the road or at
        any work place.
iv.     The tank Lorry crew would not be permitted to enter the location premises
        without use of the Personal protective equipment i.e. safety shoes, helmet,
        spectacles (wherever necessary).
v.      Safety fittings, fitness conditions of vehicles to ply on road shall be checked by
        the crew of tank-lorries before start.
vi.     Safety procedures for unloading and loading of vehicles at the supply location as
        well as at the receiving location shall be strictly adhered to.
vii.    It shall be mandatory for all drivers to undergo refresher training course.
viii.   All drivers must have licenses duly endorsed by RTO certifying eligibility
        for driving hazardous goods, and without above certification shall not drive any
        vehicle.
ix      All drivers and cleaners must undergo periodic health check for Blood pressure,
        sugar & vision.
x.      No driver shall drive the vehicle under ill health condition.

VII     PENALTIES:
        The transporters would attract penalties for the undesirable actions as given
        below and all the incidences would be investigated appropriately by the BPCL.

i.      For not wearing seat belts while driving on Road

        -- For first instance: A warning letter shall be issued to the Transporter.
        -- For second time : The tank-lorry would not be used for one week.
        -- For third time     : The tank-lorry would not be used for one month.
        -- For fourth time : The tank-lorry would be blacklisted.

ii.     For driving vehicle without cleaner
        -- For first instance : A warning letter shall be issued to the Transporter.
        -- For second time : The tank-lorry would not be used for one week.
        -- For third time     : The tank-lorry would not be used for one month.
        -- For fourth time : The tank-lorry would be blacklisted.




                                              50
iii.   For polluting environment due to product spillage from tilting or leaky vehicles on
       road, in case of accident / unsafe driving

       – The tank-lorry would not be used for one week after such incidence.


iv.    In case of accident involving injury or damages to the facilities at the work place
       or accident involving injury during transportation on the road

        -- For first instance: The tank-lorry would not be used for one month.
       -- For second time: The tank-lorry would not be used for three months.
       -- For third time : The tank-lorry would be blacklisted.

       In case of damages to the facilities at the work place, the cost of the damages
       would be recovered from the transporters.

v.     For fatal accident at the work place

         – The contract with the transporter shall be terminated.

vi.    For fatal accident on the road

       – First incident of the transporter: The concerned Tank lorry shall be
          suspended for 6 months.
        -- Second incident of the Transporter: The transportation contract
          shall be terminated.

                                        *****************




                                               51
                                                SCHEDULE -A

FORMULA            FOR        WORKING            OUT          ESCALATION/           DE-ESCALATION                 IN

TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL

SELLING PRICE OF HSD/ PGHSD



Increase/ decrease in the transportation rate in Paise per KL Per KM will be as per the
following formula:

(Increase/ Decrease in 1 liter of HSD/ PGHSD Retail Selling Price (RSP) ex-State Capital cities
(within municipal limits) of the supply point concerned inclusive of taxes (with following
clarifications))/
---------------------------------------------------------------------------------------------------------------------
                                                 Qx4

Where Q represents notional capacity of a tank-lorry and it is taken as 12 KL and 4
represent distance (4 KMs), which a tank-lorry can run with 1 lit of HSD / PGHSD
(loaded or otherwise) for the purpose of calculations.

NOTE:

1.       The retail-selling price of HSD/ PGHSD as on the date of opening of the tender
         will be the base price.
2.       The escalation/ de-escalation of transportation rates will be allowed every month
         i.e. on 1st January, 1st February, 1st March,etc.
3.       Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP
         (Retail Selling Price) of HSD/ PGHSD, which will be the weighted average of
         RSPs of HSD/ PGHSD during immediate previous two months, and the new
         transportation rates arrived at on the above dates shall be applicable for a period
         of subsequent month.
4.       Only the increase/ decrease in RSP of HSD/ PGHSD at the State Capital cities
         (Within Municipal Limits) of the supply point concerned shall be considered and
         the escalation/ de-escalation factor shall apply for all the Locations. In case of
         any dispute, the decision of BPCL shall be final and binding.



                                                 *************




                                                         52
                                                               PRICE BID

PRICE BID (to be submitted in Envelope “B”)

The tenderer shall quote rates for all the locations listed in Price Bid Formats A & B. Not quoting to any one of the locations as per the
Price Bid Formats shall result in disqualification of the tenderer
Rate Schedule for Road Transportation of Bulk Lubricants/Base Oils/Ex Wadilube/Mumbai locations. Tender No.: BPC /WR/ BULK
LUBES / 2010 – 2012.

Part A: Transportation rates for regular tank lorries:

Sr.                                      One way transportation rate Rs. Per KL       One way transportation rate Rs. Per KL for
                Destination
No.                                          for 18KL and above Tank Lorry                        12 KL Tank Lorry
                                         Rates in                                      Rates in
                                                           Rates in words                                 Rates in words
                                          Figure                                        Figure
  1   Alambagh (Lucknow)
  2   Aurangabad
  3   Budge Budge
  4   Chandigarh
  5   Coimbatore
  6   Gandhidham
  7   Gurgaon/Manesar/Dharuhera
  8   Hubli (Navalur)
  9   Itarsi
 10   Kagal (Kolhapur)
 11   Kota
 12   Loni (near Ghaziabad




                                                                   53
Sr.                                      One way transportation rate Rs. Per KL        One way transportation rate Rs. Per KL for
                   Destination
No.                                          for 18KL and above Tank Lorry                         12 KL Tank Lorry
                                         Rates in                                       Rates in
                                                           Rates in words                                  Rates in words
                                          Figure                                         Figure
 13     Moulali (Hyderabad)
 14     Pondicherry
 15     Pune
 16     Ratlam
 17     Rewari
 18     Rudrapur/Panthnagar
 19     Tondiarpet, Chennai
 20     Varanasi
 21     Vatwa
       Within 0-50 KMS ex Mumbai
 22
       loading Plant
       Within 51-100 KMS
  23
       ex Mumbai loading Plant
Note : The rates should be written both in Figures and Words. In case of any dispute, the rates written in words shall be declared as final
rates.

Date:

Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal___________________




                                                                    54
Part B: Transportation rates for Epicoated tank lorries ( Refer Note below ):


Sr.                                   One way transportation rate Rs. Per KL    One way transportation rate Rs. Per KL for
               Destination
No.                                      for 18KL and above Tank Lorry                      12 KL Tank Lorry
                                      Rates in                                   Rates in
                                                         Rates in words                             Rates in words
                                       Figure                                     Figure
  1   Alambagh (Lucknow)
  2   Aurangabad
  3   Budge Budge
  4   Chandigarh
  5   Coimbatore
  6   Gandhidham
  7   Gurgaon/Manesar/Dharuhera
  8   Hubli (Navalur)
  9   Itarsi
 10   Kagal (Kolhapur)
 11   Kota
 12   Loni (near Ghaziabad
 13   Moulali (Hyderabad)
 14   Pondicherry
 15   Pune
 16   Ratlam
 17   Rewari




                                                                55
Sr.                                     One way transportation rate Rs. Per KL        One way transportation rate Rs. Per KL for
                   Destination
No.                                        for 18KL and above Tank Lorry                          12 KL Tank Lorry
                                        Rates in                                        Rates in
                                                            Rates in words                                  Rates in words
                                         Figure                                          Figure
 18     Rudrapur/Panthnagar
 19     Tondiarpet, Chennai
 20     Varanasi
 21     Vatwa
        Within 0-50 KMS ex Mumbai
 22
        loading Plant
        Within 51-100 KMS
 23
        ex Mumbai loading Plant

Note: 1) The epicoated tank Lorries will be used by BPCL as and when the need arises.
      2) The rates should be written both in Figures and Words. In case of any dispute, the rates written in words shall be declared
         as final rates.



Date:

Signature___________________

Name of Person signing___________________

Tenderer's Name and address with seal___________________




                                                                   56

								
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