tender for hiring of vehicles for upcoming pipeline … · 2014. 4. 28. · e&p (pipeline...

Bharat Petroleum Corporation Limited Tender for Hiring of Vehicles for Upcoming Pipeline Projects of BPCL

E&P (Pipeline Projects) – Noida of 33

Bharat Petroleum Corporation Limited

(A Govt. of India Enterprise)

BIDDING DOCUMENT NO.: CRFQ 1000209450

TENDER

For HIRING OF VEHICLES FOR UPCOMING

PIPELINE PROJECTS OF BPCL



Request for Quotation



REQUEST FOR QUOTATION

Signed and sealed bids are invited from Bidders as per details given below: TENDER NO. CRFQ 1000209450 dated 26.04.2014

PRESS TENDER FOR HIRING OF VEHICLES UNDER SINGLE STAGE TWO BID SYSTEM AS PER SCOPE, FOR UPCOMING PIPELINE PROJECTS OF BPCL.

Important Dates

Bid Submission due date & time 16.05.2014 (2.00 p.m.)

Unpriced Bid Opening 16.05.2014 (4.00 p.m.)



General Conditions of Contract



GENERAL CONDITIONS OF CONTRACT

Bidder shall study the tender document carefully and understand the conditions etc. before quoting. If there are any doubts, he shall obtain clarification from OWNER. Bidders’ non-

understanding of the tender document / ignorance shall not be entertained nor shall be treated as basis for legal argument prior to award or at a later date of award.

Should Bidder find discrepancies or if the intent and meaning of any of the tender documents appears unclear or ambiguous, Bidder should refer the matter to OWNER for clarification.

BID CLARIFICATIONS & ADDENDA

Addressee All questions and requests for clarifications or interpretations related to tender documents

shall be addressed in writing to:

Mr. H. R. Dash Sr. Manager, LPG Submarine (Pipeline Projects)

Bharat Petroleum Corporation Limited 1st Floor, Engg. & Projects Deptt. A – 5 & 6, Sector – 1, Udyog Marg

Noida, U.P. – 201 301 Phone No. – 0120 247 4145 Email – [email protected]

Time Limit for tender:

Offer against this tender enquiry must be submitted on or before due date / time of receipt of tender at specified address. Request for time extension shall not be entertained.

Addenda

Addenda to the tender enquiry may be issued at any time prior to the closing date fixed for receiving Bids, to vary either the Bid period or any part of the tender documents.

Integral Part of tender

All addenda are to be considered as an integral part of the tender enquiry. Bidder to Confirm

Bidder is required to take account in its Bid of all addenda received during the Bid period and confirm in its Bid.

mailto:[email protected]



CONDITIONS OF BID

a) Language The Bid and all supporting documentation shall be in the English language.

b) Incomplete / Late Bids Incomplete Bids / late bids may not be considered and are liable to be rejected.

Telefax Bids

Telefax proposals / quotations / Price bids will not be accepted. Validity of offer would be 6 months from the date of opening of un-priced bid.

OWNER reserves the right to reject any or all offers in total or part without assigning any reason whatsoever.

SUBMISSION OF BIDS Bidder is requested to submit offer in sealed cover clearly marking bidders name and

address super-scribing “Tender for Providing Vehicles on Hire for Upcoming Pipeline Projects of BPCL”.

The sealed tender should be addressed and delivered in person to the Tender Box placed at the following address: Bharat Petroleum Corporation Limited

1st Floor, Engg. & Projects Deptt. A – 5 & 6, Sector – 1, Udyog Marg Noida, U.P. – 201 301

The sealed tender must reach the specified address before the due date and time specified in the tender notice. Tender received after the due date and time shall be liable for

rejection. Each bidder shall submit only one bid. A bidder who submits more than one bid

will be rejected. Alternative bids will not be accepted. Hard copy bids (Both price and un-priced in separately sealed envelopes) are to be

submitted in sealed condition. Along with un-priced bid, the tenderer shall attach un-priced copy of Schedule of Quantities (strictly without price figures) in the prescribed format clearly mentioning “Quoted” against each item and filling-in relevant service tax as

applicable. Rates for service tax should be mentioned clearly along with any abatement, if exercised by the vendor.

Bidder is required to submit along with Un-Priced Bid, a Bank Draft / Bank Guarantee in favour of Bharat Petroleum Corporation Ltd. towards EMD. The earnest money deposit shall be returned to the unsuccessful tenderer(s) after award of the work tender. The earnest

money deposit of successful tenderer shall be retained till the commencement of work. Thereafter the tenderer may opt to adjust the earnest money deposit against security deposit or request to return of the same. No interest will be payable on earnest money

deposit.



On award of contract, the contractor will be required to submit Security Deposit for an

amount of 5% of contract value in the form of Demand Draft drawn on any scheduled bank in favour of M/s Bharat Petroleum corporation Ltd. payable at Noida or alternatively in the form of Bank Guarantees valid for the entire contract period with an additional lodgment

period of 6 months thereafter; The quote shall be expressed both in figures and words. Where any discrepancy exists

between the two, the rates expressed in words shall prevail. Quoted prices should be inclusive of all taxes and duties. However, the service tax will be

payable extra, if mentioned by the tenderer. All entries in the tender documents shall be in black Ink / typed. Correction if any shall be

attested by full signature of the bidder. Every page of the tender document shall be “SIGNED & SEALED BY RUBBER STAMP” by the

bidder or his authorized representative. Failure to Submit Bid

Any bidder who does not or is unable to submit a Bid in accordance with these Instructions to bidders shall notify M/s BPCL accordingly. The tender documents shall be returned without delay and shall be clearly marked:

Returned tender documents “Tender for Providing Vehicles on Hire for Upcoming Pipeline Projects of BPCL”.

Arbitration

All disputes or difference whatsoever which shall at any time arise between the parties

hereto touching or concerning the works or the execution or maintenance thereof under this Contract or the right touching or concerning the works or the execution or maintenance thereof under this Contract or the execution or the maintenance effect thereof or to the

rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or after determination foreclosure or breach of the Contract (other than those in respect of which the decision of any person is by

the Contract expressed to be final and binding) shall after written notice by either party to the Contract to the other of them and to the Appointing Authority be referred for adjudication, to a sole Arbitrator to be appointed as hereinafter provided.

a. Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim

or set off of the Corporation against the Vendor 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 Corporation or of some officer of the Corporation who may be nominated by the Director

(Marketing). The Vendor will not be entitled to raise any objection to any such Arbitrator on the ground that the Arbitrator is an Officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as an

Officer of the Corporation 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

Corporation 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 nominated by such Director (Marketing) of the Corporation 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 Conciliation & Arbitration Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder for the time being in force shall

apply to the arbitration proceedings under this clause.

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 herein above and shall not

be entitled to raise any objection or protest thereto under any circumstances whatsoever.

c. The Arbitrator shall have power to order 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 Conciliation & Arbitration Act, 1996 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 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 engineering

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

f. The Arbitrator shall have 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 one 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 New Delhi alone shall have

jurisdiction to entertain any application or other proceedings in respect of anything

arising under the agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of New Delhi only.



SCOPE OF WORK & SPECIAL CONDITIONS OF CONTRACT



SCOPE OF WORK & SPECIAL CONDITIONS OF CONTRACT

The scope of the work of the contractor shall be, but not limited to the following:

1. Project vehicle, commercial type, air conditioned Scorpio / Xylo / Tata Safari / Innova / Qualis / Armada / Bolero: Model not earlier than 2012, with the driver generally from 0800 hrs to 2000 hrs on all the days of the month including Sundays & holidays etc. for

Irugur-Devangonthi Pipeline Project (IDPL) and Kochi-Coimbatore-Erode Salem (KCSPL) LPG Pipeline Project. a. It may be required to use the services of taxi beyond the stipulated hours for which

the overtime quoted above at Serial No. 3 of BOQ, shall be payable to the contractor.

b. In case in a month, the vehicle runs more than 3,500 km, the extra km shall be

payable to the contractor as quoted above at Serial No. 2 of BOQ as per clause 27 of “Scope of Work & Special Conditions of Contract”.

c. If the vehicle driver has to stay outside the city where the vehicle is required in

night, night stay charges as per Serial No. 4 of BOQ shall be payable to the contractor. Night stay charges shall be counted from 0000 hrs if the vehicle stays overnight and if the vehicle runs upto 0000 hrs, only overtime charges as per Serial

No. 3 of BOQ shall be payable to the contractor. d. The quantity shown in SOR is tentative. The deployment schedule for vehicles

according to actual requirements shall be intimidated to party in advance.

e. Vehicle shall be generally operated on Pipeline ROU / SH / NH / ODR / MDR / village roads within various districts of Kerala, Tamil Nadu and Karnataka. However, the taxi services may be utilized for outside for Night stay. In that case, night stay charges shall be payable as mentioned above.

2. In some cases, it may be required to make available another vehicle of same make /

model as above in addition to the normal available vehicle on daily basis. In those cases,

extra charges shall be payable as per Serial No. 5 of BOQ as applicable. The taxi rates to be quoted for 80 km (8 hours) basis. Any extra km / extra time used for this additional vehicle shall be payable to the contractor as per Serial No. 2 of BOQ.

3. All the vehicles to be provided should be Air Conditioned (AC) and the party must have

minimum 2 years experience / proven track record of providing similar services to other

organizations and the party has to submit the documentary evidence of the same.

4. For running of the vehicles, all expenses viz. maintenance, repairs, wages, taxes,

insurance, fuel / oil, spares consumables, upholstery etc. will be borne by the contractor and condition of the vehicle shall always be kept inn good conditions.

5. On account of breakdown / periodic maintenance servicing of vehicle, the contractor shall be required to position another vehicle without any delay and in event of his failure for such replacement. M/s BPCL will have the right to make alternative arrangement and

the cost shall be debited to contractor’s bill.

6. The contractor will pay road taxes / enroute levies and other statutory impositions for

the vehicles on hire with the company in the state for which the tendered has quoted and shall also undertake to indemnify the co-operation against any consequences arising out of his representatives’ default of negligence or violation or non-adherence to any



municipal / state / central act relating to hiring of a vehicle for carriage of passengers. The vehicle should have valid permit to run in Kerala / Tamil Nadu / Karnataka.

7. The successful tenderer shall within 15 days of the Owner’s communication to him of the

acceptance of tender, execute a formal agreement (Format attached as Annexure – A) with us as per the format & shall be subjected to the jurisdiction of Courts of Delhi / UP. The language in which the contract shall be drawn up is English.

8. Bidder Qualification Criteria: Party may apply for one or more locations as per

following criteria:

Party must have minimum 2 no. Air Conditioned (AC) commercial vehicles – Scorpio

/ Xylo / Tata Safari / Innova / Qualis / Armada / Bolero in good running condition of Model 2012 or later registered in their name at Kerala / Tamil Nadu / Karnataka.

OR

Party must have hired 2 no. Air Conditioned (AC) commercial vehicles – Scorpio / Xylo / Tata Safari / Innova / Qualis / Armada / Bolero in good running condition of Model 2012 or later registered at Kerala / Tamil Nadu / Karnataka from some other

sub-contractor. The party must produce a agreement from the owner of the vehicle stating that he consents to place his vehicle under the party’s control and use exclusively for BPCL job if contract is awarded to the party and he shall not enter

into any correspondence with BPCL directly on any matter of whatever nature connected to this tender.

Party must have minimum 2 years experience / proven track record of providing similar services to other organizations.

All the vehicles indicated above should be Air Conditioned (AC).

Financial Criteria: The annual turnover of the party in any of the last three financial

years should be more than ` 20 lakhs for qualifying for one spread and turnover of `

1 crore for qualifying for the entire project.

Agencies’ net worth as per the last audited financial statement i.e. for the year

2012-13 should be positive.

9. The bidder shall furnish the following data / details along with its un-priced bid:

Details of similar works executed in the last two years along with work order copies

of the same.

Registration certificates of the commercial vehicles (Scorpio / Xylo / Tata Safari / Innova / Qualis / Armada / Bolero): Model not earlier than 2012 owned by the bidder or hired from some other sub-contractor. If hired from sub-contractor, the

bidder shall also must produce a agreement from the owner of the vehicle stating that he consents to place his vehicle under the party’s control and use exclusively for BPCL job if contract is awarded to the party and he shall not enter into any

correspondence with BPCL directly on any matter of whatever nature connected to this tender.



Audited balance sheets and profit & loss statements for the last 3 years.

A Bank Draft / Bank Guarantee in favour of Bharat Petroleum Corporation Ltd.

towards EMD (Format attached as Annexure – B).

List of spreads for which the tenderer has quoted for.

Un-priced copy of Schedule of Quantities (strictly without price figures) in the

prescribed format clearly mentioning “Quoted” against each item and filling-in relevant service tax (along with any abatement, if exercised by the tenderer) as applicable.

Service tax registration certificate.

Signed and rubber stamp ‘Integrity Pact’ (Attached).

Duly filled NEFT Mandate form (Attached).

10. Earnest Money Deposit: The bidder is required to submit an Earnest Money Deposit

as per follows by way of crossed Demand Draft or Bank Guarantee (valid for a period of 6 months from the due date of opening of the tender) from any nationalized bank in favour of Bharat Petroleum Corporation Limited payable at Noida along with his offer.

S. No. Location EMD Amount (`)

1 Kochi 2,00,000/-

2 Thrissur 1,00,000/-

3 Coimbatore (KCSPL LPG Pipeline) 2,00,000/-

4 Coimbatore (IDPL Pipeline) 2,00,000/-

5 Salem 1,00,000/-

6 Devangonthi 2,00,000/-

In case, the tenderer opts to quote for more than one location, the requirement of EMD

shall be on cumulative basis for the quoted locations. However, in any case the value of EMD shall not exceed ` 5,00,000/-.

Offers without EMD shall be rejected. On award of the contract, this shall be refunded to the contractor without any interest.

11. Security Deposit: Successful bidder shall be required to submit DD / Bank Guarantee

for 5% of contract value for entire period of contract as security deposit (Format

attached as Annexure – B).

12. The contract shall be applicable for a period of 22 months and the contract can be

terminated on one month notice in writing by BPCL during execution of the contract.

13. A logbook will be required to be maintained for the vehicle, for recording daily

movements, which shall be duly verified by company representatives using the services of taxi. Mileage recording shall be considered with reference to the camp office, Kochi / Thrissur / Coimbatore / Salem / Devangonthi premises only.



14. Vendor will deposit on his own all toll / parking charges (if need be) and claim reimbursement subsequently along with monthly bill. Suppose the vehicle registered at

one state is required to travel to another state on official work, the other state taxi permit tax is to be paid by the vendor and similarly claimed as reimbursement.

15. All monthly payments to the contractor except toll charges, parking charge, other state taxi permit etc. shall be made with deduction of prevailing income tax / surcharge as applicable.

16. Retention money clause shall not be applicable.

17. Kilometer / time shall be calculated to and from camp offices at Kochi / Thrissur / Coimbatore / Salem / Devangonthi only and not from any other place to other place. The contractor to note that to and from mileage between the vehicle owner’s premises to

BPCL’s camp office premises shall not be payable.

18. Prices shall be inclusive of all taxes (except service tax). While raising the invoices, service tax and educational cess should be shown separately along with the service tax

registration number.

19. LD clause: LD at the rate of ` 1,500 per day will be deducted for the number of days

vehicle is not provided and in addition to it charges for hiring vehicle from other agency will be debited to you.

20. Arbitration clause: will be applicable as per arbitration clause of GCC.

21. Vehicles should have taxi registration and the driver of the vehicle should have valid commercial driving license.

22. Driver should be in possession of valid driving license as per Govt. regulations. He will

have to make his own arrangements for lunch, dinner etc. He should have enough

money at all the times for fuel and minor repairs enroute if required.

23. The contractor shall comply with the Provisions of Minimum Wages Act, Contract Labour

(Regulation & Abolition) Act etc. and any other statutory obligations and any amendment on above that may be brought into force during the contract period.

24. The rates quoted shall remain firm throughout the tenure of the contract. However, revision in rates both upward and downward shall be applicable on account of fluctuation of diesel prices only when the variation in diesel prices is more than 10

percent w.r.t. the diesel price on the date of creation of RFQ. Escalation on running cost will be paid on the following basis:

Based on the above, the contractor will be paid additional charges for increase in diesel price (only when the variation in diesel price is +/- 10 percent) for the Actual Distance (in km) travelled subsequently to the date of price escalation. Similarly, for decrease in



diesel price, appropriate deduction will be made. No other rate / charges shall be charged on account of variation of diesel.

The price of diesel per litre prevailing on the date of creation of RFQ i.e. 26.04.2014 at

the time of quoting is required to be provided along with documentary evidence of the same.

NOTE: The price escalation / de-escalation will be applicable during the periods when the prevailing price is greater than ± 10% of the base price (price prevailing on RFQ

date), else base price will be operated.

25. The drivers should be provided with mobile phones with roaming facility. The quoted

rate should include mobile cost, rental, call charges and roaming charges etc.

26. The contractor shall mention the rates of state tax / road tax in the state of Kerala,

Tamil Nadu and Karnataka applicable as on bid due date of this tender. Any increase in state tax during contractual delivery date shall be to owner’s account and any decrease in tax during contractual delivery shall be passed on to M/s BPCL. Documentary proof has to be submitted for this purpose.

27. Calculation & Payment of Extra mileage: The contractor is required to supply vehicles

with a guaranteed mileage of 10,500 km per quarter (3 months) for each vehicle. Over

and above 10,500 km, the extra mileage will be paid as per unit rate quoted by the contractor. Monthly bills will be processed on pro rata mileage of 3,500 km per month as applicable for the particular vehicle and additional mileage will be paid accordingly

subject to adjustment on quarterly basis cumulatively for all the vehicles put together. In other words, the actual amount payable will be recalculated during the 3rd month of each quarter and the amounts paid in first 2 months will be adjusted before making payment for 3rd month.



ANNEXURE – A

PROFORMA OF AGREEMENT (On Non-Judicial Paper of ` 100)

CONTRACT AGREEMENT FOR THE WORK OF --------------------------------------------------------------------------------------------DATED----------------------------------------2014 (Two Thousand and Fourteen) between M/s ------------------------------------------------------------------------------

----------- in the town of ----------------------------------------------------------- hereinafter called the “Contractor / consultant” (Which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and the

Bharat Petroleum Corporation Limited hereinafter called the “OWNER” (which term shall unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part.

WHEREAS

A. The Owner being desirous of having provided and executed works mentioned, enumerated

or referred to in the tender documents including Short Tender Notice, General Tender Notice, General Conditions of Contract, Special Conditions of Contract, Specifications, Drawings, Plans, Time Schedule for Completion of jobs, Agreed Variations other documents

has called for Tender.

B. The contractor / consultant has inspected the site and surroundings of the works specified in

the tender documents and has satisfied himself by careful examination before submitting his tender as to the nature of the surface strata, sub-soil and ground, the form and nature of site and local conditions, the quantities, nature and magnitude of the work, the availability

of labour and material necessary for the execution of the work the means of access to site the supply of power and water thereto and the accommodation he may require and has made local and independent enquiries and obtained complete information as to the matters

and things referred to or implied in the tender documents or having any connection therewith and has considered the nature and extent of all probable and possible situations, delays, hindrances or interference’s to or with the execution and completion of the work to

be carried out under the Contract and has examined and considered all other matters, conditions and things and probable and possible contingencies and generally all matters incidental thereto and ancillary and thereof effecting the execution and completion of the

work and which might have influenced him in making his tender.

C. The Notice Inviting Tender, General Conditions of Contract. Special Conditions of Contract,

Specification, Drawings, Plans, Time Schedule of jobs, and other documents copies of all which are hereto annexed and marked “A” the letter of submission of tender and Acceptance of Tender and statement of agreement variations with its enclosure, copies of

which are also hereto annexed and marked “B” form part of this contract though separately set out herein and or included in the expression “CONTRACT” wherever herein used.

And whereas: The Owner accepted the Tender of the Contractor/consultant for the Provision and the

execution of the said work at the rates stated in the Schedule of Quantities of works and



finally approved by Owner (hereinafter called the `Schedule of Rates’) upon the terms and subject to the conditions of contract.

Now this Agreement Witnessth And it is hereby agreed and declared as follows:

In consideration of the payment to be made to the contractor / consultant for the work to be executed by him, the contractor/consultant hereby covenants with the owner that the contractor / consultant shall and with duly provide execute and complete the said

works and shall do and perform all other acts and things in the contract mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said works and at the said times and in the manner and subject to the

terms and conditions or stipulations mentioned in the contract. In consideration of the due provision, execution and completion of the said works the

Owner does hereby agree with the contractor / consultant that the Owner will pay to the contractor / consultant the respective amounts for the work actually done by him and approved by the Owner at the Scheduled Rates and such other sum payable to the contractor/consultant under provision of Contract, such payments to be made at such

time in such manner as provided for in the contract.

AND

In consideration of the due provision, execution and completion of the sand works the contractor / consultant does hereby agree to pay such sums as may be due to the

Owner for the services rendered by the Owner to the contractor / consultant such as power supply water supply and others as set for in the said contract and such other sums as may become payable to the Owner towards the controlled items of

consumables materials or towards loss, damage to the Owner’s equipments, materials or towards loss, damage to the Owner’s equipments, materials construction plant and machinery, such payments to be made at such time and in such manner as is provided

in the Contract.

It is specifically and distinctly understood and agreed between the Owner and the

Contractor / consultant that the contractor/consultant shall have no right title or interest in the site made available by the Owner for the execution of the work or in the buildings, structures or works executed on the said site by the contractor / consultant or in the

goods, articles, materials etc. brought on the said site (unless the same specifically belongs to the contractor / consultant and the Contractor / consultant shall not have or deemed to have any lien whatsoever charge for unpaid bills nor will be entitled to

assume or retain possession or control of the site or structures and the Owner shall have an absolute and unfattered right to take full possession of the site and remove the contractor / consultant, their servants, agents and materials belonging to the contractor

/ consultant and lying on the site. The contractor / consultant shall be allowed to enter upon the site for execution of the

works only as a licensee simplicater and shall not have any claim, right, title or interest in the site or the structures erected thereon and the Owner shall be entitled to terminate such licence at any time without assigning reason.

The materials including sand, gravel, stone, loose earth, rock etc. dug up or excavated from the said site shall unless otherwise expressly agreed under this contract, exclusively



belong to the Owner and the contractor / consultant shall have no right to claim over the same and such excavations and materials should be disposed off on account of the

Owner according to the instructions in writing issued from time to time by the Engineer-in-Charge.

In witness whereof the parties have executed these presents in the day the year first above written.

Signed and delivered for and on behalf of Owner i.e. on behalf of Bharat Petroleum

Corporation Ltd. DATE --------------------------------------------

PLACE -------------------------------------------

Signed and delivered for and on behalf of Contractor / Consultant

DATE --------------------------------------------

PLACE ------------------------------------------

In Presence of Two Witnesses

1. ------------------------------------------ 1. ---------------------------------------------- ----------------------------------------- --------------------------------------------- ------------------------------------------ ---------------------------------------------

2. ------------------------------------------ 2. ---------------------------------------------



ANNEXURE – B

PROFORMA OF BANK GUARANTEE (for EMD / SECURITY DEPOSIT) (On Non-Judicial Paper of ` 100)

To,

Bharat Petroleum Corporation Ltd. E&P Dept., Plot No. A – 5 & 6, Sector-1

NOIDA – 201 301 Uttar Pradesh

Dear Sirs, M/s ---------------------------------------------------------------------------------------------- have

taken tender for the work ------------------------------------------------------------- for Bharat Petroleum Corporation Limited, Noida.

The tender Conditions of Contract provide that the Contractor shall pay a sum of ` -----------

-- (Rupees------------------------------------------------------) as earnest money / security deposit

in the form therein mentioned. The form of payment of earnest money/security deposit includes guarantee executed by Scheduled Bank at New Delhi, undertaking full responsibility to indemnify Bharat Petroleum Corporation Ltd, in case of default.

The said ------------------------------------------- have approached us at and their request and in consideration of the premises we -------------------------- having our office at --------------------

----------------- have agreed to give such guarantees as hereinafter mentioned. 1. We -----------------------------------------------------------------------------------------------------

hereby undertake and agree with you that if default shall be made by M/s. ------------------------------------------------ in performing any of the terms and conditions of the tender or in payment of any money payable to Bharat Petroleum Corporation Ltd. We shall, on

demand, pay to you in such matter as to you may direct the said amount of Rupees ---------------------------------------------------------- only or such portion thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without effecting this guarantee, postpones for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said ------------------------

------------ and to enforce or to forbear from endorsing any powers of rights or by reason of time being given to the said ------------------------------------------ which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of ` ----------------------------------------------------

(Rupees ------------------------------------------------------------------------) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or

disputes have been raised by the said M/s ------------------------------------------------ and / or that any dispute or disputes are pending before any officer, tribunal or court.



4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or change of constitution or insolvency of the said ------------------

------------------------- but shall in all respect and for all purposes be binding operative units payment of all money due to you in respect of such liabilities is paid.

5. Our liability under this guarantee is restricted to Rupees -------------------------------- our guarantee shall remain in force until -------------------------------------- unless a suit or action to enforce a claim under Guarantee is filed against us within six months from -----

---------------------------------------------- (which is date of expiry of guarantee) all our rights under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

6. NOT WITHSTANDING anything hereinbefore contained our liability under this Bank Guarantee is restricted to Rupees ------------------------ (Rupees -------------------------------

----).This Bank Guarantee shall be valid upto ----------------------- and we are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before.

7. This guarantee is to be returned to us within fifteen (15) days from the date it ceases to

be in force. If the guarantee is not returned to us within the date of aforementioned it shall be automatically cancelled.

8. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney

dated ---------------- granted to him by the Bank.

Yours faithfully

----------------------------------- Bank by its Constituted Attorney

Signature of a person duly authorised to sign on behalf of the bank



INTEGRITY PACT

Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",

And

………………………..hereinafter referred to as "The Bidder/ Contractor/ Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………… The Principal values full compliance with all relevant laws and regulations, and

the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor

(IEM) who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Accordingly, the Principal has appointed Mr. Brahm Dutt as IEM with the following address:

No.82 Shakti Bhavan Race Course Road

Bangalore 560001 Tel: 080-22256568/09731316063

Section 1 - Commitments of the Principal

1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

a) No employee of the Principal, personally or through family members, will in

connection with the tender, or the execution of the contract, demand, take a

promise for or accept, for himself / herself or third person, any material or immaterial benefit which he / she is not legally entitled to.

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

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

c) The Principal will exclude from the process all known prejudiced persons.

2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions.



Section 2 - Commitments of the Bidder / Contractor/Supplier

1) The Bidder / Contractor / Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

a) The Bidder / Contractor/Supplier will not, directly or through any other person or

firm, offer, promise or give to any of the Principal's employees involved in the

tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender

process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any

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

c) The Bidder / Contractor / Supplier will not commit any offence under the relevant

Anti-Corruption Laws of India; further the Bidder / Contractor / Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the

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

d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents,

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

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

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award, has committed a transgression through a violation of

Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

1) If the Bidder / Contractor / Supplier has committed a transgression through a violation of

Section 2 such as to put his reliability or credibility into question, the Principal is also

entitled to exclude the Bidder / Contractor/Supplier from future Contract award process. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in

particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.



2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.

3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right

to resort to and impose such exclusion and further accepts and undertakes not to

challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the

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

Section 4 - Compensation for Damages

1) If the Principal has disqualified the Bidder from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover from the Bidder

damages under Price Reduction clause, equivalent to Earnest Money Deposit/Bid Security.

2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor / Supplier damages under Price Reduction for

Delay in Delivery Clause equivalent to Security Deposit / Performance Bank Guarantee.

3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor / Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of

the contract after the contract award has caused no damage or less damage than the amount of the damages under Price Reduction Under Delay in Delivery clause for Delay in deliveries, the Bidder / Contractor / Supplier shall compensate the Principal only to the

extent of the damage in the amount proved.

Section 5 - Previous Transgression

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

other Company in any country conforming to the TI approach or with any other Public

Sector Enterprise in India that could justify his exclusion from the tender process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal Treatment of all Bidders / Contractors / Suppliers /

Subcontractors

1) The Bidder / Contractor / Supplier undertakes to demand from all subcontractors a

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

before contract signing.



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

3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact

or violate its provisions.

Section 7 – Punitive Action against Violating Bidders / Contractors / Suppliers /

Subcontractors

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

Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors

1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether

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

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

performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

3) The Bidder / Contractor / Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided

by the Bidder / Contractor / Supplier. The Bidder / Contractor / Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to

Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Supplier / Subcontractor with confidentially.

4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Bidder / Contractor / Supplier. The parties offer to the Monitor the option to participate in such meetings.

5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this

regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to

the Bidder / Contractor / Supplier to present its case before making its recommendations to the Principal.

6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal'

and, should the occasion arise, submit proposals for correcting problematic situations.



7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not,

within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor / Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

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

Section 10 - Other Provisions

1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising

under Integrity Pact.

2) Changes and supplements as well as termination notices need to be made in writing.

Side agreements have not been made.

3) If the Bidder / Contractor / Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

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

agreement to their original intentions.

…………………… ..………..…………………………… For the Principal For the Bidder/Contractor/Supplier

Place ……………… Witness 1: …………............... (Signature / Name / Address)

Date................. Witness 2: …………............... (Signature / Name / Address)



Electronic Funds Transfer – Model Mandate Form

1. Vendor Name : 2. Vendor Code : 3. Particulars of Bank account :

A. Name of the Bank ��

��

B. Name of the Branch ��

Branch Address :

Branch Telephone : C. 9-Digit code number of the bank and branch appearing on the MICR cheque issued

by the bank: �� D. Type of the account (S.B. Current or Cash Credit) : ��

Wide code 010/011/013

E. Ledger and Ledger folio number : ��

F. Cheque book) : Account number (as appearing on the (Please attach a blank cancelled cheque or photocopy of a cheque issued by your

bank for verification of the above particulars)

2. Email address :

3. PAN NO : I hereby declare that the particulars given above are correct and complete.

Place : Date :

(……………………….) Signature of the vendor

Certified that the particulars furnished above are correct as per our records. (Please read the following instruction).

Instruction to the Bank: Where the MICR code starts with zero, the bank official is requested to change the MICR code details to incorporate the city code where the account is actually held.

Bank Stamp Date : (………………………..) Signature of the Authorized Official of the Bank



Schedule of Quantities



SCHEDULE OF QUANTITIES

FOR KOCHI (KCSPL LPG Pipeline)

Sr.

No. Description Qty Unit

Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Kochi, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for minimum

running of 3,500 km per month. Vehicle provided should be minimum 2012 model or latest and shall be air conditioned.

Scorpio / Xylo / Tata Safari / Innova 96 Vehicle months

Qualis / Armada / Bolero 84

2 Additional running cost of the vehicle beyond

running of prescribed km in a month 90,000 km

3 Extra working hours beyond normal working hours i.e. 8 a.m. to 8 p.m.

10,000 hr

4 Night stay vehicle charges for outstation stay 1,500 nights

5

Hire charges towards supply of a good conditioned

vehicle for running at normal working hours as and when required

a) Minimum 8 hrs and 80 km 100 days

b) Minimum 4 hrs and 40 km 30 days

6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Kochi = ` ________________ per litre



FOR THRISSUR (KCSPL LPG Pipeline)

Sr.


Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Thrissur, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for minimum






3 Extra working hours beyond normal working hours

i.e. 8 a.m. to 8 p.m. 4,500 hr

4 Night stay vehicle charges for outstation stay 750 nights

5 Hire charges towards supply of a good conditioned vehicle for running at normal working hours as and when required



6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Thrissur = ` ________________ per litre



FOR COIMBATORE (KCSPL LPG Pipeline)

Sr.


Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Coimbatore, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for

minimum running of 3,500 km per month. Vehicle provided should be minimum 2012 model or latest and shall be air conditioned.






i.e. 8 a.m. to 8 p.m. 9,300 hr





6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Coimbatore = ` ________________ per litre



FOR COIMBATORE (IDPL Pipeline)

Sr.


Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Coimbatore, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for





running of prescribed km in a month 1,00,000 km


i.e. 8 a.m. to 8 p.m. 12,000 hr





6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Coimbatore = ` ________________ per litre



FOR SALEM (KCSPL LPG Pipeline)

Sr.


Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Salem, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for minimum







i.e. 8 a.m. to 8 p.m. 5,000 hr

4 Night stay vehicle charges for outstation stay 800 nights




6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Salem = ` ________________ per litre



FOR DEVANGONTHI (IDPL Pipeline)

Sr.


Unit Rate (`)

Total Amount (`)

1

Hire charges towards providing a good conditioned vehicle at Devangonthi, 12 hours a day (generally from 8 a.m. to 8 p.m.) on a monthly basis for







i.e. 8 a.m. to 8 p.m. 10,000 hr





6 Service Tax

%

GRAND TOTAL

Cost of Diesel as on ________________ at Devangonthi = ` ________________ per litre

tender for hiring of vehicles for upcoming pipeline … · 2014. 4. 28. · e&p (pipeline...

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