Karur Tender Doc 0a4625
Karur Tender Doc 0a4625
Karur Tender Doc 0a4625
Following Demand Drafts drawn in favour of “Bharat Petroleum Corporation Limited” payable at
CHENNAI are enclosed herewith;
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BHARAT PETROLEUM CORPORATION LIMITED
NOTICE INVITING TENDER
TENDER FOR TANK LORRY REQUIREMENT FOR ROAD TRANSPORTATION OF BULK
PETROLEUM PRODUCTS: TENDER NO: BPCL/SR/POL/BULK/KARUR/2017-2022-10
BHARAT PETROLEUM CORPORATION LIMITED (BPCL), a Public Sector Undertaking, invite sealed
tenders under Two-Bid system from tank-lorry owners, quoting minimum 5 tank lorries for award of
contracts for road transportation of bulk petroleum products for a period of 5 years. The effective date of
tender shall be 01.02.2017 subject to finalization of rates and approvals from appropriate authorities. In
case the tender is finalized / approved at date later than 01.02.2017, then the effective date shall be
conveyed through LOI / Work Order.
Please note that, only the Technical (Pre-Qualification) Bid is to be submitted in the first stage and the
Price Bids are to be submitted directly on line through Electronic Bidding (Reverse Auction) process
which will be conducted by “M/s. E Procurement Technologies Ltd.” The details of tender is as under
Location
Tender Name TENDER FOR TANK LORRY REQUIREMENT FOR ROAD
TRANSPORTATION OF BULK PETROLEUM PRODUCTS
Minimum TLs to be 5 TLs (min. 40% TLs should be owned and rest 60% could be attached
offered TLs)
Tender Fee Rs. 1000 plus Service Tax as applicable in the form of Demand Draft
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and necessary clarifications required by the tenderers will be provided.
Contract Period Unless otherwise specified or agreed to, the contract will be awarded for 5
(five) years with effect from 01.02.2017. In case the tender is finalized at date
later than 01.02.2017, then the effective date shall be as mentioned in LOI /
Work Order.
Tender documents to All the documents of the Technical (Pre-Qualification) bid are to be submitted
be deposited at in an envelope super scribed as Tender No.
BPCL/SR/POL/BULK/KARUR/2017-2022-10 and marked as “Technical
(Pre-Qualification) Bid - KARUR”. The envelope is to be closed and sealed by
gum/ adhesive, tender received in open condition will be rejected.
Location for RSP of BPCL Supply Location– KARUR(Lowest HSD Retail Selling Price prevalent in
HSD for escalation / any Retail Outlet at the reference Supply location)
de-escalation
Date from which the Date of Retail Selling Price of HSD as on date of publishing of Notice Inviting
escalation / De- Tender (NIT), i.e. 20.12.2016 will be the base price. The Transportation rates
escalation is shall be finalized based on this base price of HSD
applicable
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B. GENERAL INSTRUCTIONS TO TENDERERS FOR E-TENDERING:
2. As a pre-requisite for participation in the tender, Tenderers are required to obtain a valid
Digital Certificate of Class II B and above as per Indian IT Act from the licensed
Certifying Authorities operating under the Root Certifying Authority of India (RCIA),
Controller of Certifying authorities (CCA). The cost of obtaining the digital certificate shall
be borne by the tenderer.
3. In case any tenderer so desires, he may contact our e-procurement service provider
M/s. E Procurement Technologies Ltd. for obtaining the digital signature certificate.
4. Corrigendum/amendment, if any, shall be notified on the all the web sites mentioned
above in para 1. In case any corrigendum/amendment is issued after the submission
of the bid, then such tenderers, who have submitted their bids, shall be intimated about
the corrigendum/amendment by a system-generated email (In case of open tender
corrigendum / amendment will be on the public dash board and no mail will be sent for
the tenderer who has not participated by that time). It shall be assumed that the
information contained therein has been taken into account by the tenderer. They have
the choice of making changes in their bid before the due date and time.
5. Tenderers are required to complete the entire Technical (Pre-Qualification) Bid process
online on or before the due date of closing of the tender.
6. Price bidding of only those Tenderers shall be permitted whose Technical (Pre-
Qualification) is found to be acceptable to BPCL. The schedule for conducting
electronic price bid (Reverse Auction) shall be advised separately.
ii) The system time (IST) displayed on e-procurement web page shall be the time
considered for determining the expiry of due date and time of the tender and no
other time shall be taken into cognizance.
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iii) Tenderers are advised in their own interest to ensure that their bids are
submitted in e-procurement system well before the closing date and time of bid. If
the vendor intends to change/revise the bid already entered, he may do so any
number of times till the due date and time of submission deadline. However, no
bid can be modified after the deadline for submission of bids.
iv) Once the entire process of submission of online bid is complete, the tenderers
are required to go to option “own bid view” through dashboard and take the print
of the envelope receipt as a proof of submitted bid.
v) Bids / Offers shall not be permitted in e-procurement system after the due date /
time of tender. Hence, no bid can be submitted after the due date & time of
submission has elapsed.
9. BPCL and/or the e-procurement service provider shall not be responsible for any direct
or indirect loss or damages and or consequential damages, arising out of the bidding
process including but not limited to systems problems, inability to use the system, loss
of electronic information etc.
10. In case of any clarification pertaining to e-procurement process, the tenderer may
contact the following agencies / personnel:
For system related queries the following Centralized Help Desk Number of M/s. E
Procurement Technologies Limited may be contacted:
044-26142669
E-mail: [email protected]
Escalation Level
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b) For tender related queries:
I. Mr. Ravidas Bhat BPCL at contact no. +91-44-26142215 followed with an email
to [email protected]
II. Mr. Tunga Lakshminarayanan of BPCL at contact no. +91-44-26142216 followed
with an email to [email protected]
The responsible person of the tender is Mr.M. Nedunchezhian of BPCL at contact no.
+91-44-26142250.
11. Duly filled tender forms shall be dropped in the tender box kept at our Bharat
Petroleum Corporation Ltd, No. 1 Ranganathan Gardens, Off 11th Main Road,
Annanagar West, Taluka & District: CHENNAI,State- TAMILNADU, Pin Code-
600040. Tenderer should deposit the sealed tender during office hours, in an
envelope super scribing the name of the location for which tender is being submitted
well before the closing time & date in the tender box earmarked for this purpose at
Retail Transport Department.
12. The last date and time of submission of tender documents is 10.01.2017 at 14:30 hrs.
No tender document shall be entertained after due date and time of submission of
tender. BPCL will not be responsible for the delay under any circumstances
whatsoever if the tender is not submitted before the closing date and time and in the
correct tender box.
If any tenderer offers more than 60% attached tank lorries, in such cases, tanklorries
shall be restricted to the maximum proportion of 60% attached tank lorries and 40 %
owned tank lorries.
i) For the purpose of reckoning the
no.of tank lorries,fraction, if any will be rounded off to the nearest Number
(i.e.fraction ranging from 0.5 and above will be rounded off to next higher
number and fraction below 0.5 will be rounded off to the lower number).
ii) The company reserves the right to
engage attached tank lorries from the successful Tenderers
iii) The owned tank lorries offered by the
tenderer must be in the name of the Tenderer or in the name of sole
Proprietor/Partner/Director of the said Firm.
15. Age of tank-lorry offered should not exceed 14 years i.e. tank-lorries of model earlier
than Jan 2003 (Month/Year) will not be considered. Age of Tank lorry shall be
reckoned from the Date of 1st registration.
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The tank-lorries attaining the age of 15 years during the contractual period shall be
removed from the contract. Replacement within 30 days with another tank-lorry having
age of less than 15 years will be the responsibility of the concerned carrier.
19. 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.
20. 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.
21. (a) The additional tank-lorries, if required by BPCL, can be offered to the contracted
carriers of the concerned location at the rate felt appropriate by BPCL including the
lowest rate of the location.
(b) In case of requirement of additional tank-lorries by BPCL, the Corporation
reserves the right to induct new tank-lorry operators at the finalized rate for the
concerned location.
22. Tenderer should submit all the details and enclosures as has been asked for, 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.
23. The tender for POL products shall be opened at 15.00 hrs on 10.01.2017 at our
Bharat Petroleum Corporation Ltd, No. 1 Ranganathan Gardens, Off 11th Main
Road, Annanagar West, Taluka & District: Chennai,State- Tamilnadu, Pin Code-
600040., in the presence of attending tenderers. Tenderer may witness the opening of
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tender on the appointed date and time by himself/sending authorized representative.
After scrutiny of the ‘Technical bids’, the eligible tenderers will be notified regarding
date, time for electronic Price bid (reverse auction).
24. Bharat Petroleum Corporation Ltd. 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, or to accept
some or all of the tank-lorries offered.
25. Tank-lorries quoted in the tender should have all valid documents as on date of
application, such as explosives license (PESO), registration certificates.etc. Calibration
certificate is a mandatory requirement and same should be made available as on date
of tank lorry positioning at supply location post issue of LOI/Work order.
26. The tenderers have to quote rates in PRICE BID inclusive of the fuel cost. However,
the successful tenderer may opt for puchasing fuel/lubricants for the TLs 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 requirement. Initially, suitable
amount of the billing amount from the carrier’s monthly transportation bill shall be
deducted & same shall be credited to his CMS Fleet Card account. However, the
Company reserves the right to revise the amount of billing amount to be deducted for
crediting it to Carriers CMS account.
27. BPCL will implement an integrated performance management system for T/L’s details
of which are given in Attachment-5 Clause 6 (j) and all successful tenderers will be
bound by it. The said system can include introduction of new practices / scoring
system to assess performance.
a) The tank lorry should be made available for loading all time as per the working
hours & days of the locations (inclusive of working on holidays), except when it is
under delivery. An exemption for a maximum period of 15 days per year may be
allowed for obtaining fitness certificates/calibration tests etc.
b) The tank lorry should report back to the loading locations within the specified trip
timing of the particular load, fixed by the respective locations.
c) The tank lorry should be available for loading at the location in due compliance of
the terms and conditions of the agreement with BPCL.
28. Public Carrier Vehicle Operators (PCVOs) / Tank Lorries blacklisted by any of the Oil
companies are not eligible to participate in the tender. For tank lorry blacklisted at a
later date, no replacement will be allowed.
At present, BPCL has entered into an agreement with VTS service provider M/s,Arya
Omnitalk Wireless Solutions Private Ltd. Pune on ‘Service Delivery Model, towards
end-to-end VTS services.
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(a) The finalized rate of monthly service charges (including service tax as applicable) per
tank lorry/VTS device, shall be recovered by BPCL from transporter’s monthly
transportation payments due to them.
(b) Presently, the monthly service charge for providing VTS service per VTS device per tank
lorry is Rs. 324/- plus applicable service tax, subject to revision, from time to time (if
any), and in case of change in service provider during the contract period.
(c) The VTS device to be installed on tank lorry, shall remain the property of the VTS
service provider.
(d) The transporter shall bear the risk of accidental loss, theft, damage of any kind to the
VTS device and to this extent, transporter may take necessary insurance for the same.
(e) In the event, a VTS device is lost, destroyed, stolen or damaged beyond repair by the
transporter and or their tank lorry crew, the cost of VTS device fee @ 25% of monthly
service charges multiplied by the outstanding period (months) of the contract, shall be
recovered from the transporter.
(f) In the event, if BPCL terminates services of VTS service provider or tank lorry is
blacklisted/terminated and not operated by BPCL –
(i) The transporter shall return VTS device to the VTS service provider taking due care
to not damage or destroy the VTS device and transporter shall make the tank lorry
with VTS device available to the VTS service provider for de-installation of the VTS
device.
(ii) In case VTS device is not returned by the transporter to the VTS service provider,
the termination fee @ 50% of the monthly service charges payable multiplied by the
number of months remaining in the contract period, shall be recovered from
transporters.
(iii) In case VTS device in good and working condition is returned by the transporter to
the VTS service provider, no termination fee shall be recovered from the transporter.
30. The Security locking system as specified by the Company from time to time should be
installed at the cost of the tenderer.
31. Relatives (as per list enclosed) of employee/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 employees of the
BPCL or any of its subsidiary companies or IOC or HPC 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 tenderers
part entitling BPCL to all rights and remedies available thereof including termination of
contract.
32. Tank Lorries running in fuel other than HSD will not be eligible to BID.
There will be a Pre-Bid meeting on 27.12.2016 at 14.00 hrs. at our Bharat Petroleum
Corporation Ltd, KARUR INSTALLATION, KARUR INSTALLATION, ATHUR & KADAPARAI
VILLAGE,, ERODE ROAD ATHUR POST, KARUR-639002. Phone : 04324-227265
33. .
All interested tenderers are requested to attend this meeting, wherein salient features
of the tender/tendering process shall be explained and necessary clarifications
required by the tenderers will be provided.
34. No Objection Certificate (NOC) from OMCs for Tank lorry not running under OMC
regular contract would be submitted by tenderers at the time of the application.
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35. In case of tenderer applying as partnership firms, the registration of partnership should
exist prior to date of floating of the transport tender by BPCL.
36. Tenderers must be registered under Carriage by Goods Act 2007 or latest (if
applicable) and copy of trading license need to be submitted with tender document at
the time of application.
1. This Public Tender is floated in two bid system i.e. technical bid (pre-qualification) and
price bid. First technical bid (Pre-qualification) will be opened on scheduled date/time &
venue, and the same will be evaluated. Electronic Price bidding (reverse auction) will be
held only for the technically qualified tenderers, based on the outcome of technical (pre-
qualification) bid evaluation. Electronic Price bidding (reverse auction) will be done only
on predetermined date/time and the same will be communicated to the technically
qualified tenderers.
2. Price bid includes offer for rates for each capacity of T/Ls (12 KL,18 KL & above) under
following 3 sectors :
(i) Delivery within the FDZ Rs. per KL.
(ii) Delivery within the State, BFDZ in Paise per KL per KM.
(iii) Delivery outside the State, BFDZ in Paise per KL per KM.
Tenderers should quote rates for all the above sectors separately, for each capacity of
the T/Ls offered by them.
3. BPCL shall offer estimated transportation rate i.e. Benchmark rates (BMR) for each
sector. Tenderers shall quote upto +/- 5% of the BPCL offered estimated transportation
rate i.e. Benchmark rates (BMR).The tenderers quoting beyond +/- 5% of any of the
BPCL estimated transportation rate i.e. Benchmark rates (BMR) shall be treated as
disqualified & their tender shall be rejected.
4. T/L capacity wise ranking of the tenderers i.e. L-1, L-2, L-3, etc will be decided on the
basis of financial outgo to BPCL by considering the rates quoted in all the sectors and
expected volumes of business in each sector of the location
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5. Tenderers will be listed in ascending order as per their ranking.Tenderer with minimum
financial outgo to the Company will be ranked L-1. Tenderer with the next lowest outgo
will be ranked L-2 and so on. The list will include all the technically qualified tenderers in
the ranking based on the rates quoted by them along with the number of tank lorries
offered.
6. In case, rates offered by L-1 tenderers are acceptable to BPCL, number of tank-lorries
quoted by the L-1 tenderers will be allocated up to the requirement in each TL capacity
respectively. (i.e.12 KL and 18 KL & above).
7. In case, rates offered by L-1 tenderers are on higher side, negotiations / counter offer
exercise will be carried out with such tenderers. Number of tank-lorries quoted by these
tenderers will be allocated at the revised rates accepted during negotiations / counter
offers.
8. In case of the T/Ls offered by L1 tenderers are not meeting full requirement, then the L1
rates/revised rates accepted by L1 tenderers would be offered to all the remaining
tenderers and based on their ranking and acceptance, T/Ls would be inducted at above
rates till the requirement of all T/Ls is met as per criteria below.
9. In spite of the exercise as above, if, full requirement of tank-lorries is not met, then
negotiations / counter offer exercise will be continued with the other tenderers in order of
their ranking till full requirement of tank-lorries is met.
10. In case, for a particular ranking in respective TL capacity above, if the tank-lorries
offered are more than the requirement then the tank-lorries will be taken based on the
following order of priority;
a) Maximum Number of OWN TLs offered in different capacity of TLs (i.e. 12 KL, 18 KL
& above). The maximum number of TLs shall be 10% of total requirement of TLs in
this tender or 5 whichever is more would be considered at par for evaluation of this
criteria.
b) Number of Tank Lorry offered with lower age.
c) Number of total Tank Lorries offered.
Transporters in a particular ranking will be further ranked based on the above order of
priority and allocations will be made only till such time that the full requirement of tank
lorry is met. Consequently, transporters who rank lower may not get the allocation.
12. In view of the Critical nature of the Transportation Services, the Corporation wishes to
negotiate and award jobs to other than L1 tenderers even if the requirement is fully met
by L1 tenderers. Hence the Corporation may decide at its sole discretion to distribute the
quantities amongst the technically and commercially acceptable tenderers. In such
situations the following distribution pattern will be adhered to:
The Job will be distributed among 3 tenderers, and the percentage allocation among
them would be L1 – 70%, L2 – 20% and L3 – 10%.
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In case of only two tenderers, percentage allocation among them would be L1 - 80% and
L2 - 20% respectively.
13. In case, sufficient number of T/Ls are not available for the requirement of particular
capacity of T/Ls, then BPCL may engage lower capacity T/Ls on the condition that the
tenderers would provide higher capacity T/Ls as required by BPCL, within a period of 6
months from the date of signing the agreement beyond which period, the rate applicable
shall be the L-1 rate of the higher capacity lorry or contracted rate of the lower capacity
lorry of the Tenderer, whichever is lower. The rate payable for the higher capacity T/L
engaged will be as per the rate agreed with the tenderer. If the rate for higher capacity
is not established with the tenderer at the time of signing of agreement, then L1 rate
applicable for that capacity of T/L for the concerned location would be applicable. If, rate
for higher capacity T/L is not established for the location then the rate finalized for the
nearest location within the State will be applicable.
14. In the event of non-placement of Tank Lorry within 30 days post issue of LOI, the
defaulters will be penalized as follows:
a. Full non placement of Tank lorries – Forfeiture of EMD including putting
transport vendor on holiday for five years.
b. Partial non-placement of Tank lorries –
i. Forfeiture of 1 lakh per lorry from SD- maximum upto SD amount.
ii. Withdrawal of LOI and cancellation of contract, if the full complement of
the tank lorries allocated (even if one TL) but not placed by the
transporter.
c. Withdrawal and non-replacement of TLs (including vehicles withdrawn after
attaining maximum age): Forfeiture of 1 lakh per tank lorry from SD- maximum upto
SD amount.
1. Tenderer shall pay EMD at the rate of Rs. 5,000/- per tank-lorry offered. Tenders not
accompanied by EMD of Rs. 5,000/- for each tank-lorry offered shall be rejected. EMD
should be paid by Demand Draft drawn on any Scheduled Bank in favour of “Bharat
Petroleum Corporation Limited” payable at Chennai.
3. A cash receipt will be issued for the EMD, after the tenders are opened and scrutinized.
The tenderer should retain the cash receipt for obtaining refund.
4. 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.
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6. 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 (Bank Guarantee), 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. Failure
to submit the bid confirmation (Attachment 12) within two working days on completion of
electronic price bidding (reverse auction), or if a variation is observed between on-line
price bid and the bid confirmation price, it would result in forfeiture of EMD.
7. EMD would be refunded only after finalization of the tender. While claiming refund, the
original Cash Receipt issued by the BPCL must be surrendered. In case the Cash
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 tenderers
cost), duly notarized.
E. NEGOTIATIONS:
1. Successful tenderers will be required to furnish Bank Guarantee at the rate of Rs.
1,00,000/- per TL subject to a maximum of Rs. 5,00,000/- within 15 days of issuance of
LOI/ Work Order. A successful tenderer is required to submit a Bank Guarantee strictly
in specified proforma valid upto six months beyond contract expiry period.
2. Any loss/claim and/or damage arising out of the performance of the contract would be
adjustable against the SD. Any loss/claims/damages higher than SD will be recovered
from payments due to the contractor under this contract or deposits made by or
payments due to the contractor under any other contract with BPCL.
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4. There would be separate contract for
separate location for one tenderer, irrespective of the tenderer offering Tank lorries at
number of locations. Separate Security Deposit (Bank Guarantee) is to be submitted for
the Tank Lorries offered at separate locations.
G. CONTRACT PERIOD:
Unless otherwise specified or agreed to, the contract will be awarded for 5 (Five) years
with effect from 01.02.2017 or Date as mentioned in Letter of Intent (LOI),whichever is
later. In case the tender is finalized at date later than 01.02.2017, then the effective
date shall be as mentioned in LOI / Work Order.
H. EXECUTION OF AGREEMENT:
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I. RESERVATION:
(1) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half
percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on all India
basis.
(2) The members of SC / ST desirous of offering the tank-lorries will have to participate in
the tenders floated by BPCL.
(3) The SC/ST members should fulfill all tender conditions, and will not be eligible for any
price preference or relaxation of standards.
(4) If adequate number of tank-lorries offered by SC/ ST tenderers are 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.
(5) 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.
(6) Caste certificate for each individual member of a Partnership / Public / Private /
Cooperative Firm should be enclosed as proof along with the Technical (Pre-
Qualification) bid.
(7) 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.
(8) 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.
(9) 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.
(10) Confirmation on applicability of “micro, small and medium enterprises development act,
2006 (MSMED Act 2006)”
(a) SELECTION CRITERIA: Selection of vendor [1 No; i.e. L-1 (for 100% Qty.)] will be
based on “lowest financial outgo of the Corporation over the period of contract”; and
also as described below; under (b-1), (b-2) and (c).
(b) 1. In line with “Public Procurement policy for Micro and Small Enterprises (MSEs)
order 2012”, 20% of the total quantity shall be earmarked for procurement from
MSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarked for
procurement from MSEs owned by Scheduled Caste or the Scheduled Tribe
Entrepreneurs. Provided that, in the event of failure of such Micro and Small
Enterprises to participate in tender process or meet tender requirements and L-1
price, 4 % sub-target for procurement earmarked for Micro and Small Enterprises
owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from other
Micro and Small Enterprises.
2. The above provision will be subject to MSEs quoting price within price band (L-
1+15%); i.e. L-1 plus 15% and bringing down their price to L-1 in a situation where the
L-1 price is from someone other than an MSEs. In case of more than one such MSEs,
the supply shall be shared proportionately from the MSEs party. Necessary certificate
issued by Authorized body under the Ministry of Micro, Small & Medium Enterprises
shall be valid as on the date of opening of the tender. All the technical specifications /
techno commercial terms and conditions and the pre qualification criteria are also to
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be fulfilled by the MSEs. In the event of failure of such Micro and Small Enterprises to
participate in tender process or meet tender requirements and L-1 price, the total
quantity shall be given to non MSE L-1 bidder. Clarifications if any, on this matter is to
be obtained from our office.
(C) In case of situation (B-1) and (B-2) above, bifurcating of 20% quantity; will be
allocated out of 100% of the tendered qty. In such a situation, BPCL shall place two
separate POs (one P. O. each on L-1, “Non-MSE-Vendor‟ for 80% of the tendered
quantity and another P. O. on “MSE-Vendor‟ falling in the Price Band of (L-1+15%);
i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for the
remaining 20% of the tendered quantity). In case of more than one “MSE-Vendor‟
falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing
down their price to L-1; the supply shall be shared proportionately from the earmarked
quantity, as described in (B-2) above. In such a situation additional POs shall be
placed by BPCL. Further, it is also to be noted that in case of MSEs owned by
Scheduled Caste or the Scheduled Tribe Entrepreneurs, BPCL shall place an
additional P.O. on “MSE-SC-ST‟. However, qualifying terms and conditions for
placement of P.O. and the quantity allocation shall be as described in (B-1) and (B-2)
above. It is to be noted that choice of delivery locations will not be given to MSE party
allocated 20 % of the tendered quantity vide purchase preference clause.
J. MISCELLANEOUS:
16
9. 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.
10. The terms “BPC”, “BPCL”, “The
Corporation” 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.
11. Tenderers willing to participate in the
tender shall have to necessarily sign the Integrity Pact Agreement attached with the
tender document and submit along with the Technical Bid.
a) Proforma of Integrity Pact (IP) shall be returned by the Bidder/s along with the bid
documents (technical - Pre-Qualification bid in case of 2 part bids), duly signed by the
same signatory who is authorized to sign the bid documents. All the pages of the
Integrity Pact shall be duly signed. Bidder’s failure to return the IP duly signed along
with the bid documents shall result in the bid not being considered for further
evaluation.
b) If the bidder has been disqualified from the tender process prior to the award of the
contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled
to demand and recover Bidder Liquidated Damages amount by forfeiting the EMD/Bid
Security as per provisions of the Integrity Pact.
c) If the contract has been terminated according to the provisions of the Integrity Pact, or
if BPCL is entitled to terminate the contract according to the provisions of the Integrity
Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated
Damages amount by forfeiting the Security Deposit (Bank Guarantee) as per
provisions of the Integrity Pact.
d) Bidders may raise disputes/complaints if any, with the nominated Independent
External Monitor.
The name, address and contact numbers of Independent External Monitor (IEM)
appointed to oversee implementation is given below:
Shri. Shanthanu Consul.
Address : no. 9 MCHS (IAS Officers Colony), 16th Main (IAS Officers Colony)
BTM 2ND Stage, Bangalore 560 076
E-Mail: [email protected]
Mobile: 09740069318
K. REJECTION CRITERIA:
Tenders will be rejected in the event of the bidders not complying with any of the
following tender guidelines.
a. Non-Payment towards the cost of tender document downloaded from web site.
b. Non-Payment of EMD/insufficient EMD.
c. Number of tank lorries offered is not in line with the tender requirement.
d. Age of tank lorry is not in line with the tender requirement.
e. Tender document not submitted in stipulated format.
f. Tender insufficient of all the required documents.
g. Tender document submitted without signature and seal in all pages.
h. Tenders not meeting any of the Tender Terms and conditions or incomplete in any
respect or with any additions, deletions or modifications are liable to summarily
17
rejected without any further communication to the tenderer and decision of BPCL in
this regard shall be final and binding.
i. Failure to quote rates in all sectors (i.e. FDZ, BFDZ within & outside State for the
offered capacity of T/L) of the price bid.
j. Any discrepancy /mismatch of details provided at the time of e-tendering and the
details provided in Attachment-2 Particulars of Tank Lorry will disqualify and the
tender will be rejected, if clarifications provided within specified time limit by the
tenderers is found not satisfactory.
L. 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 ____________________
TENDER FOR TANKLORRY REQUIREMENT FOR ROAD TRANSPORTATION OF BULK
PETROLEUM PRODUCTS.TENDER NO. BPCL/SR/POL/BULK/KARUR/2017-2022-10
1. GENERAL:
a. This tender is being invited for Tanklorry requirement for road transportation of
bulk petroleum products like MS/HSD/SKO/Branded fuels, etc. from BPCL
KARUR INSTALLATION.
b. Each page of the tender document is to be signed by the legally authorized
representative of the tenderer, with the official seal.
c. 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).
d. 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.
e. For any further clarification, concerned officials at BPCL Southern Regional Office
at Chennai or BPCL. KARUR INSTALLATION may be contacted.
f. Copies of Registration Certificate, Certificate of Fitness, PESO License, etc,
enclosed along with Tender Form, shall be attested by a Gazette Officer/self
attestation.
g. This e-tender is in Two part bid system, comprising of Technical (Pre-
Qualification) Bid and on line Electronic Price Bid (reverse auction) separately.
18
2. TECHNICAL(PRE-QUALIFICATION) BID:
Tender envelope {Technical (Pre-Qualification) Bid} shall be put in the designated tender
box before the closing time and date at our BPCL office i.e Bharat Petroleum
Corporation Ltd. KARUR POL Tender,. Note: Tender Envelope {Technical (Pre-
Qualification) Bid} should be super scribed with Tender Name/Address/E-mail
ID/Contact Phone Nos. and seal of the tenderer. Stapler pins should not be used to seal
tender envelope or else tender shall be rejected.
3. PRICE BID:
The prices as per the bid basis described in Attachment 12 are to be quoted directly on
line during the electronic bid to be conducted by “M/s. E Procurement Technologies
19
Ltd.”. Schedule for transportation rate Segment/sector wise is given in Para 4.3 (c)
below. Details of the process are given in the subsequent paragraphs
IMPORTANT:
a) Tenderers should not put price bid confirmation format / rate schedule
document in the envelope containing Technical (Pre-Qualification) bid.
b) Bid confirmation should be sent to BPCL, only after completion of on-line
Electronic Bidding (Reverse Auction).
4. ON-LINE ELECTRONIC BIDDING (REVERSE AUCTION) :
4.1 BPCL intends to finalize the transportation rates through the process of
Electronic Bidding (Reverse Auction). The tendering procedure will be the
same as is normally being done by BPCL. The Electronic Bidding (Reverse
Auction) will be done for determining the price bid.
4.2 BPCL has contracted “M/s. M/s. E Procurement Technologies Ltd.” to conduct
an Online Bidding event for the finalization of Transportation rates for Bulk
POL Product movements.
Role of “M/s. E Procurement Technologies Ltd.” in this engagement is to
obtain the process compliance (Attachment 10), answer all questions relating
to the process compliance, train all the bidders on the online bidding process,
and conduct the online bidding event, to be followed by submission of the
bidding report. Any question relating to the above should be directed to “M/s.
E Procurement Technologies Ltd.” at the contact nos. provided in the format.
The Detailed procedures for on line Electronic Bidding (Reverse
Auction) are given below.
20
c) Rate Schedule for Transportation of POL Products ex :- KARUR
INSTALLATION
BFDZ-
BFDZ-WITHIN
OUTSIDE
DESCRIPTION FDZ (RS/KL) STATE
STATE
(PS/KL/KM)
( PS/KL/KM)
12 KL >18 KL 12 KL >18 KL 12 KL >18 KL
BENCH MARK RATE 110 101 210 165 212 166
LOWER BAND (-5%)
OF BMR 105 96 200 157 201 158
UPPER BAND (+5%)
OF BMR 116 106 221 173 223 174
e) Successful tenderer shall be required to submit the final bids, quoted during
the Electronic Bidding (Reverse Auction) in Attachment 12 after the
completion of Electronic Bidding (Reverse Auction) to BPCL, duly signed and
stamped as token of acceptance without any new condition other than those
already agreed, within 2 working days after conclusion of Electronic Bidding
(Reverse Auction) event.
h) The bid will be taken as an offer to execute the work. Bids once made by the
bidder, cannot be cancelled/withdrawn. However, they will be permitted to
revise their bids and the last bid put by him shall be taken as his final bid.
21
Should the bidder back out and not execute the contract as per the price
quoted, BPCL shall take action as appropriate including putting the Vendor
on Permanent Holiday List and forfeiture of EMD.
i) The bidder shall be assigned a Unique User ID (Vendor name) & Digital
Signature by M/s. E Procurement Technologies Ltd. All bids made from the
Login ID/Digital Signature assigned to the bidder will be deemed to have
been made by that bidding company.
j) The bidder shall be able to view the following on their screen along with the
necessary fields in the Electronic Bidding (Reverse Auction).:
1. Bidding schedule.
2. Bidding format along with BPCL’s estimated rates with minimum and
maximum ceilings
3. Bids Placed by the bidder and the L1 rate.
k) At the end of the Electronic Bidding (Reverse Auction), BPCL will decide
upon the winner. BPCL’s decision on award of Contract shall be final and
binding on all the Bidders.
l) BPCL shall be at liberty to call the lowest bidder for negotiations / cancel the
Electronic Bidding (Reverse Auction) process / tender at any time, before
ordering, without assigning any reason.
m) BPCL shall not have any liability to bidders for any interruption or delay in
access to the site irrespective of the cause.
n) Other terms and conditions shall be as per the techno-commercial offers and
other correspondences till date with the bidders.
b) BIDS PLACED BY BIDDER: It is mandatory for all the bidders to place their bids on-
line for all the three Sectors, failing which his bids will be rejected. The final bids of
the bidder will be taken to be an offer to execute the work. Bids once made by the
bidder cannot be cancelled but revised. The bidder is bound to execute the work as
mentioned above at their last bid price that they bid. Should any bidder back out and
22
not make the supplies as per the rates quoted, BPCL and / or M/s. E Procurement
Technologies Ltd. shall take action as appropriate.
c) MULTIPLE BIDS BY THE BIDDER: In case the bidder submits more than one bid,
the last bid as per the time scheduled displayed during the Electronic Bidding
(Reverse Auction) will be considered as the bidder’s final offer to execute the work.
f) VISIBILITY TO BIDDER: The Bidder shall be able to view the following on his
screen along with the necessary fields during on line Bidding:
- Bidding schedule.
- Bidding format along with BPCL’s estimated rates, with minimum and maximum
ceilings.
- Bids Placed by the bidder and the L1 rate.
g) BIDDING WINNER: At the end of the Electronic Bidding (Reverse Auction), BPCL
will evaluate all the bids submitted and subsequently will decide upon the ranking of
the bidders, based on evaluation criteria stated in Tender document.
h) GENERAL TERMS & CONDITIONS: Bidders are required to read the “Terms and
Conditions” section of the Bidding web site (https://bpcleproc.in) using the Login
Ids (i.e. vendor name) and digital signature assigned to them.
23
j) DECREMENTAL VALUE:
1. For FDZ: the value shall be Re.1/- (one) per KL
2. For all other sectors: the value shall be 1 (one) paisa/KL/KM
After conclusion of the event, submit Final bid Confirmation as per Attachment 10
duly filled and signed to both BPCL & M/s. E Procurement Technologies Ltd. by
fax/ letter or courier within two working days after conclusion of bidding event
(BPCL fax No: 91-22-27764785 / M/s. E Procurement Technologies Ltd. Fax.No.
079-40016816. Please note that the prices mentioned in the Attachment 13
should match your last quoted (final) price in the online Bidding.
Please also note that, if the final bid confirmation (Attachment 12) is not
submitted in the stipulated time, or a variation is observed between on line Bid
amount and the bid confirmation amount it would result in:
a. The offer would be rejected, due to non compliance with the tender terms and
conditions
b. BPCL would forfeit the EMD of the defaulting bidders on account of
noncompliance.
At the end of the on-line Electronic Bidding (Reverse Auction) event, BPCL will
have a list of all the bidders with their final bids, and will decide on awarding the
business, based on tender procedures enumerated in the Tender document
specifying terms and conditions.
24
CONTACT INFORMATION :
b) OPENING PRICE: BPCL will declare its opening price with minimum and
maximum ceiling which shall be visible to Tenderers at the start of Electronic
Bidding (Reverse Auction). Bidders have to quote within the estimated ceiling
rates provided. Rates quoted outside the ceilings provided by BPCL will
not be accepted on-line.
7. AWARD DECISIONS:
It may be noted that the lowest bidding tenderer during the Electronic Bidding
(Reverse Auction) need not automatically win the business and, if BPCL is not
satisfied with the price achieved through the e-bidding process, BPCL reserves
the right to negotiate further with the bidders to achieve a suitable price.
8. PROFORMA:
The following proforma are to be retained by the tenderer, to be submitted at
the time of acceptance of the contract.
a)Bank Guarantee for Security Deposit. (Attachment 6)
b) Power of Attorney. (Attachment 7)
25
TENDERER’S COVERING LETTER (2.1)
TENDER NO. : BPCL/SR/POL/BULK/KARUR/2017-2022-10
Dear Sir,
With reference to your subject tender, we confirm having carefully read, studied and
understood various conditions / documents provided with the tender. Details of
documents submitted on-line and in physical form are as under:
ONLINE PHYSICALLY
1 Tender covering letter
2 Particulars of Tenderer as per Attachment-1
3 Particulars of Tank Lorries offered as per Attachment-2
4 Affidavit for attached Tank Lorries as per Attachment -9
5 First Page & Ownership Page of Registration Certificate Book.
6 Attested copy of PESO License
7 Attested Copy of Calibration Certificate (if available)
8 Oil Industry Transport Discipline Guidelines (Attachment 15).
9 Transport Agreement as per Attachment-5
10 Tender Documents duly signed and sealed on all pages by the Tenderer
11 Integrity Pact - Attachment – 13
12 Tenderers covering letter
13 General Irrevocable Power of Attorney as per Attachment-7
14 Details of relationship with BPCL directors and declaration I,II &III-
Attachment-3
15 Caste Certificate (wherever applicable) issued by Competent Authority-
Attachment-4
16 Specimen copy of Bank Guarantee for Security Deposit duly filled
signed and stamped – Attachment-6
17 Undertaking as per format in Attachment- 8
18 Declaration by Tenderer on non judicial Stamp Paper
19 Attested acknowledged copy of the latest Income Tax Return filed and
the copy of PAN card
20 Attested copies of Trading License; Company Registration Certificate;
Registration under The Carriage by Goods Act 2007, whichever is
applicable.
21 NOC from other Oil Company wise (TL wise) if TLs are operating in
OMCs.
22 Attested copies of Partnership Deed or Certificate of Incorporation
23 Attested copies of RC Book, Fitness Certificate
24 Attested copy of Insurance Certificate of all the Tank Lorries offered
25 Tender Fee by Demand Draft of Rs.1150.00 (inclusive of Service Tax)
as per tender drawn on Bharat Petroleum Corporation Ltd.
26
26 EMD by Demand Draft of Rs.5000/- per Tank Lorry drawn on Bharat
Petroleum Corporation Ltd.
27 Attested copies of last three years audited balance sheet certified
by qualified Chartered Accountant
28 Proforma for confirmation of applicability of MSME Development
Act 2006 (Attachment 14)
Yours faithfully,
Signature: ____________________________________
Date:___________________
27
(2.2) Attachment-1-Technical (Pre-Qualification) Bid
PARTICULARS OF TENDERERS
2 Registered Office
Address of the Tenderer
(With PIN Code)
3 Address for
Correspondence
(with PIN Code)
Phone: Fax Mobile No:
4 Contact Details
5 E-Mail Address
9 Permanent Account
No.( PAN issued by
Income Tax
Department
11 Name of Authorized
Signatory
28
12. Whether tenderer / Prop / any of the Partners / Directors are related (as defined
under Companies Act 1956) to any of Directors of Company to which tender is
being submitted. If so, name of Director of BPCL & nature of relationship.
13. We confirm that neither tenderer nor any tank -lorry offered is
blacklisted by any BPCL, IOCL, and HPCL.
14. We confirm that neither tenderer nor any TANK LORRY offered are
involved in any litigation, which would render the performance of any obligation
imposed in case, the contract is awarded to us.
15. We confirm that rates offered by us will remain valid for acceptance by you up to
180 days from the date of closing of tender.
Date:
Signature__________________________
_________________________________________________
29
(2.3) Attachment -2 {Technical Bid}
PARTICULARS
Age of tank-lorry offered should not exceed 14 years during the contractual period. The
tank-lorries attaining the age of 15 years shall be removed from the contract and
replacement with another Tank lorries having age less than 15 years will be the
responsibility of the concerned tenderer.
Date_____________________
Signature___________________
30
(Note: Any discrepancy/mismatch of details provided at the time of e-tendering and the above
details observed during the technical bid scrutiny will disqualify and the tender will be rejected).
(2.4) Attachment-3 {Technical (Pre-Qualification) Bid}
Tenderers should furnish following details in the appropriate part based on their organization
structure.
Organizational structure Part of the form applicable.
PART – A
(Applicable where Tenderer is Sole Proprietor)
1. Name:
2. Address:
4. If ‘YES ‘to 3, State the name(s) of BPCL Director(s) and Tenderer’s relationship with him /
her.
PART – B
(Applicable where the Tenderer is a partnership firm)
2. Address:
3. Names of partners:
31
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.
Date:
Signature___________________
Name of Person
Signing_________________________________________________________________
PART – C
(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative Society)
5. State whether any of the Director of the Tenderer/ Company is a Director of BPCL -
Yes/No.
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___________________
32
DECLARATION ‘I’
We declare that we have complied with and have not violated any clause of the standard
Agreement.
Date:
Signature___________________
DECLARATION ‘II’
We declare that we do not have any employee who is related to any employee of
BPCL/IOC/HPC/ KRL/NRL/Central/ State Government.
OR
We have the following employees working with us who are relatives of the employees of
BPCL/IOC/HPC/ KRL/NRL/Central /State Government.
1. ________________________________________________
2. ________________________________________________
Date:
Signature___________________
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)
33
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/IOC/HPC/ KRL/NRL/Central/ State Government, the tenderer should submit
another declaration furnishing the names of such employees who is/are related to the Officer/s
of BPCL/IOC/HPC/ KRL/NRL/Central/ State Government.
Date:
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal______________
LIST OF RELATIVES
34
(2.5) Attachment-4 {Technical (Pre-Qualification) Bid}
SC/ST CERTIFICATE
A tenderer who claims to belong to one of the Scheduled Castes / Schedules tribes should
submit in support of his claim, a certificate issued within one year preceding the date of the
tender opening for 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.
Annexure to Attachment - 4
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 /
35
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…………………...
36
(2.11) Attachment-5
37
which are normally fed from that base loading location, where the tank-lorry is
contracted. In such cases the transport payment shall be made on mutual consent basis
as per the following rules,
i) In case of change of the base location,temporary or permenent in nature, payment
will be made as per the rate of base location or New location ,whichever is lower.
In case of any disputes arising out of such movements, the terms and conditions including
Arbitration Clause of this Agreement would be applicable.
(e) In case the Company desires to change the basis of loading of tank-lorry i.e. volume to
weight or vise versa, the transportation rates shall be altered considering the standard
conversion factors applied by the Company.
(f) Company shall be free to engage one or more additional Carriers, either to run
concurrently or separately, for transportation jobs from the same loading location.
3. Uniform Specification:
a. The tenderers have to ensure that the tank lorry crew always wears the prescribed
uniform, However in case of a State Legislation in this regard, the same has to be
adhered”. The uniform for the tank lorry drivers and tank lorry helpers shall have the
following specifications:
a. Shirt
b. Trouser.
c. Winter Jacket (for cold weather locations)
Driver:
Shirt: Plain Dark Grey yarn –dyed fabric with half sleeves and double – sided chest
patch- pockets. Left side chest patch pocket with BPCL logo.
Trouser: Plain dark grey yarn dyed with pleats and cross pockets in front and patch
pockets at the back.
Helper:
Shirt: Navy blue yarn-dyed fabric with half sleeves and double sided chest patch
pockets. Left side patch pocket with BPCL logo.
Trouser: Navy blue yarn dyed fabric with pleats and cross pockets in front and patch
pockets at the back.
(a) Maintained in sound mechanical conditions and having all the fittings up to the standards
laid down by the Company from time to time.
38
ABS (Anti Lock Braking System) is a mandatory requirement for every tank lorry. ABS should
be installed in the tank lorry at the cost of the tenderer.
As per the Gazette Notification dtd. 23.01.2015), Clause 2 “(iv) the following categories
of vehicles manufactured prior to the dates specified in clauses (ii) and (iii) shall
be fitted with Anti-lock Braking System conforming to IS: 11852:2003 (Part 9)—
(a) N3 categories of vehicles other than tractor-trailer combination manufactured on and
after the 1st
day of October, 2006 meant for carrying hazardous goods and liquid petroleum gas;
(b) N3 categories of vehicles manufactured on and after the 1st day of October, 2007, that
are double decked transport vehicles;
(c) N3 categories of vehicles manufactured on and after the 1st day of October, 2007, that
are used as tractor-trailer combinations;
(d) M3 categories of buses that ply on All India Tourist Permit, manufactured on and after
the 1st day of October, 2007.”.
However, BPCL requires that all the vehicles, irrespective of capacity, offered by the
tenderers for transportation of petroleum products are fitted with the Anti-lock
Braking system (ABS) conforming to IS :11852 : 2003 (part 9) irrespective of the year
of manufacturer.
(i) TLs offered by the tenderers should be fitted with ABS
(ii) TLs shall be certified as fitted with ABS by the approved Vendors of retrofitted ABS
or TL Manufacturers in the case of new TL
These certificates should accompany the tender form. BPCL reserves the right to reject
Tanklorries not fitted with ABS.
I. All tank-lorries must be fitted with standard type retractable safety seat belts for
both driver & cleaner.
II. Bucket type adjustable seats should be provided for the drivers & cleaner.
III. Uniform for the Tank lorry crew members as specified by BPCL at the cost of
Carrier. All crew members should ensure that they report in neat & tidy uniform.
The uniform should be of 100% cotton cloth.
IV. Safety helmets/safety shoes for crew members as specified by BPCL.
V. Insurance cover for Tank lorry crew (5 lacks for accidental death & 50,000 for
medical cover)
VI. Training to PCVO drivers under Motor Vehicle Act & obtaining the endorsement on
the driving license would be the responsibility of Carrier.
VII. The Tank lorry should meet the design of OISD RP 167/ Operations manual
checklist for safety/ PFS manual which are available at loading location.
VIII. At the time of enrolment and subsequently at once in six months, the transporter
shall get the drivers’ health checked at least for blood pressure, sugar & vision and
a medical certificate is submitted to location.
IX. Carrier shall submit the details of TL crew, antecedents of the TL crew obtained
from the local Police & a copy of valid driving license of the driver to the base
location & obtain entry pass from the location.
X. Speed Governor is mandatory and the speed limit to be fixed is 55 km/hr.
39
The Company reserves the right to take appropriate action as deemed fit if any of the
above safety requirements is not complied by the transporter during the pendency of the
contract.
(c) Conforming to the statutory regulations like Indian Petroleum Act , Petroleum Rules,
Motor Vehicle Act, PUC Norms, Carriage by Road Act 2007 etc. as applicable from time
to time and the locking system should be as per BPCL approved drawing in manual
available at supply location
(d) Properly calibrated / stamped under the Weights & Measures Act. These shall be
calibrated for single capacity up to maximum permitted under Motor Vehicles Act.
Company would be entitled for insisting for calibration at Company's premises at the cost
of Carrier.
(e) Dual calibration of tank lorries is not permitted. These shall be calibrated for single
capacity up to maximum permitted under Motor Vehicles Act. Company would be
entitled for insisting for calibration at Company’s premises at the cost of the carrier.
(f) Having adequately trained Crew (driver and cleaner) for efficient operations. The driving
license of the drivers should be endorsed for transportation of hazardous goods.
(g) 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.
(h) Training of the Tank Lorry crew is mandatory as per MV Act and BPCL’s requirement.
Crew who do not possess the training certificate will be not be allowed..
(i) All the compartments of Tank Lorries should be pressure tested once in a year along
with calibration. Tank Lorry without valid pressure testing certificate shall not be loaded..
(j) Covered by Insurance Policy, inclusive of motor insurance as per statutory requirement.
Also, product insurance covering the value of the product transported.
(k) The tank-lorries listed in the LOI / Work Order will be made available to the Company at
all times during the Agreement period at the loading location.
(l) In case any of the tank-lorries is not made available by the Carrier on any day, Company
would b e free to use the services of any other tank-lorry and recover the difference in
transportation charges from the Carrier.
(m) In the event of breakdown or major repair of any of the tank-lorry, Company at its sole
discretion, may accept any other tank-lorry of the Carrier for the period of break-down /
major repair. Further, in the event Carrier request for the replacement of tank-lorry/s,
Company at its sole discretion may accept the same. Failure to provide replacement of
T/L or non-acceptance of replacement of T/L by BPCL, shall attract penalty as specified
in 4(b) above.
(n) Age of the tank-lorries offered should not exceed 15 years during the contractual period.
Company shall remove the tank-lorries attaining the age of 15 years during the
contractual period. Carrier will ensure replacement with another tank-lorry having age of
less than 7years in 30 days. In case Carrier fails to provide replacement within 30 days,
Company will be free to engage any other tank-lorry.
(o) Meeting the following requirements of the Company:
.i. The Carrier will ensure pasting/ display of advertisements on the tank-lorry for
display of BPCL Brands as specified/provided by BPCL on regular basis.
ii. Carriers should ensure that they inform statutory authorities like Police, CCOE
etc. in case of any accident/fire incident.
iii. Minimum wages/ESI/EPF as per local rules should be completely adhered by the
Carrier.
The Officials of the Company would be entitled to inspect at any time, the tank-lorries
and/or the documents of the Carrier / its crew is liable to carry under any
statue/regulation or this agreement. Further, the Carrier shall submit to the Company
40
certified copies of the calibration certificate and Explosive License and their renewals for
every tank-lorry.
5 (a) Carrier will be responsible for all taxes, levies and other costs of running the tank-lorries,
which shall also include-
i) Salary, minimum wages and other benefits and claims of Crew of tank-lorries and all
members of Carrier's staff; Transporter shall ensure to make payment of Wages to the
Tank Lorry crew through Bank.
ii) Payment of road tax, insurance and any other fees like permit, route fee etc., levied by
statutory authorities;
iii) Cost of 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.;
5 (b) Carrier shall keep Company indemnified in respect of 5(a) above. In case, Company is
made liable to pay any part of above cost, the same shall be recovered from the Carrier.
The Company shall not be obliged to contest any claim made upon it for payment.
(c) It is agreed that the tank-lorries covered by this Agreement shall operate at the sole risk
of the Carrier. In no case, Company would be held responsible for any loss or damage
done to / by the tank-lorry while on the Company's work or parked in their premises or
anywhere else.
(d) Carrier shall make their own arrangement for parking of their vehicle overnight and / or
during holidays.
(e) 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.
(f) Any new levies on transporters will be borne by the Transporters.
6 (a) The Company 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.
The successful tenderer may opt for purchasing fuel/lubricants for the TLs 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 requirement. Initially, 40% of the
billing amount from the carrier’s monthly transportation bill shall be deducted & same
shall be credited to his CMS Fleet Card account. However, the Company reserves the
right to revise the percentage of billing amount to be deducted for crediting it to Carriers
CMS account. The above rates are subject to escalation/de-escalation as per formula
given in Schedule-A.
(b) (i) Octroi charges levied on the product would be reimbursed by the Company against
production of original receipts.
(ii) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Carrier for their tank-lorries
while transporting petroleum products under this Contract would be reimbursed by the
Company on round-trip basis subject to production of original receipts for payment.
Company's decision whether any charge is reimbursable or not would be final and
binding on the Carrier.
(c) The transport charges payable under this Agreement are based on shortest route
approved by the Company on the round trip basis (called RTKM). A list of current
RTKMs applicable to storage points where subject tank-lorries are based are available
with concerned storage point. Company would, however, be entitled to revise these
RTKMs from time to time, including retrospectively, which would be binding on the
Carrier. Difference in transportation charges arising out of this revision will be
41
recoverable / payable from the date of Agreement or effective date of such revision,
whichever is later.
(d) Company reserves the right to use the tank-lorries on their return trip based on
Company's own operational convenience/requirement for delivery of petroleum products.
Payment in such case would be made only to the extent of any additional distance
covered beyond the normal RTKM route for which the movement was undertaken.
(e) The procedure for payment of transport bills and reimbursement of entry/transit/bridge
/toll tax/Octroi charges prevalent in the Company from time to time would be binding
on the Carrier.
(f) The Company will endeavor to arrange unloading of the tank-lorries within reasonable
time. However, no detention charges etc. are payable if, for any reason, such unloading
is delayed at the receiving location.
(g) The Carrier would provide consignment notes for each consignment loaded on a daily
basis to the loading location.
(h) The Carrier would provide transportation bill along with the consignment notes for each
consignment to the base location for the consignment carried during the month, by 10th of
the following month.
(i) The Company 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 the Company would have the right to take appropriate action.
(j) The Company may implement an integrated performance management system for TLs
details of which are given below and all successful tenderers will be bound by it. The said
system can include introduction of new practices / scoring system to assess performance.
42
Supply Location
Annual performance of the criteria enumerated above will be reviewed and underperforming
transporters are liable for penal action including termination of the contract. BPCL decision shall
be final and binding.
7 (a) The Carrier shall deposit a Bank Guarantee of Rs. 1.00,000/- per Tanklorry subject to
maximum of Rs. 5,00,000/- as Security Deposit for due fulfillment of terms of this
Agreement. Security Deposit amount shall be paid in the form of Bank Gaurantee strictly
in specified performa, valid for five and half years.
(b) Company shall be entitled to adjust any sum due to it from the Security Deposit (Bank
Guarantee) amount and / or any transport / other charges / dues pending for payment to
the Carrier against any other contract. The decision of the Company will be final and
binding on the Carrier.
8 (a) The Carriers will be responsible for loading and discharging of the tank-lorries. All the
instructions of the Company 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 Company’s loading / unloading locations.
9 (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.
(b) The Carrier will comply with and give full co-operation to the Company in meeting the
requirements of prevailing “Marketing Discipline Guidelines” 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 Dispatch Storage Point up to Receiving location, the Carrier
would be responsible for the same irrespective of reason and Company would be
entitled to following –
43
In case of quantity shortage due to any reason like accident, theft, robbery, hijacking of
Tank lorry etc., will be recovered from the Carrier at the following rate:
(i-a) For MS / HSD –
Sales: Invoice value of the product and transport charges for the shortage quantity.
Stock transfer: Average Retail Selling Price of MS/HSD of all four Metros.
(i-b) For SKO - industrial selling price at dispatch location or receiving location,
whichever is higher and transport charges for the shortage quantity.
(i-c) For all other products - as decided by the Company.
(ii) In case of variation in quality, Company at its' discretion may dispose off the
contaminated product. All expenses / losses and cost of product in this connection as
determined by the Company shall be recoverable from Carrier.
Above would be in addition to and without prejudice to the Company's right of
termination of this Agreement as per clause 15.
10. Carrier will be responsible for ensuring that:
(a) Rules and regulations of the Company 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. Company 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 the company.
(d) Any security system (for e.g.: locking system) decided by company to guard against
malpractices will be unconditionally accepted by contractor. The modification /
modifications of fittings if any on TANK LORRY would be undertaken at the workshops
nominated by the Company, 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 and TREM-Card.
(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 Company, collect Cheques / draft / bank-slips etc from the
recipient after ensuring that remittances are correctly drawn.
(k) Handover receipted delivery documents and remittances pertaining to deliveries made,
to the Company on the same day and before accepting next load. In case, return of tank-
lorry is delayed for any reason whatsoever, such documents and remittance are reached
to the loading location within 24 hours of completing the delivery.
(l) Vehicle running in fuel other than HSD will not be eligible to participate in the tender.
11. In case any of the tank-lorries meets with an accident while it is loaded with Company'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 Company at Carrier's cost.
(e) Be responsible and liable for loss / claims as determined by the Company.
44
12 (a) Carrier shall be responsible for any damage or loss caused to the Company’s product or
property by negligence or default of it’s Crew, authorized representative or tank-lorry.
This will also include confiscation of Company's product delivered to the Carriers by any
statutory authorities.
(b) The Carrier should strictly adhere to the “Industry Transport Discipline Guidelines” as
enumerated in Annexure I to this Agreement.
13 (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 the Company.
14. 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. The Force Majeure means natural calamities like floods,
earthquake and other acts of God and riots, etc.
The affected party shall give the notice of occurrence of any such calamities within a
period of 24 hours of occurrence of such calamities. The performance of the respective
obligations of the parties under this Agreement shall be resumed as soon such
calamities, which have resulted in the non-performance, cease to occur.
15. This Agreement would be valid for period of five years from the effective date as given in
the LOI / Work Order. However, Company reserves the right to terminate this Agreement
by giving two months advance notice without being liable to give any reason or pay any
compensation.
Notwithstanding anything to the contrary contained hereinabove, Company reserves the
right to terminate this Agreement forthwith upon or at any time after happening of any of
the following -
(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 it’s' partners.
(c) If road permits or statutory licenses / permissions granted to Carrier / it's 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 the
Company whose decision shall be final, is prejudicial to the good name / image of the
Company or its’ products or its services.
(g) If the Carrier causes disruption in transportation of bulk petroleum products. The
decision of Company 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, Company does not exercise this option, the Agreement shall continue
as between the Company 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 the company any portion of Security Deposit (Bank Guarantee).
Company shall account for Security Deposit (Bank Guarantee) to the surviving or
continuing partners. The death or retirement of any partners shall be notified by the
Carriers to the Company in writing within 24 hours of such death or retirement.
45
(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 the
BPCL.
16. 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 licensee will not be entitled to raise any
objection to any such arbitrator on the ground that the arbitrator is an officer of the
Company or that he has dealt with the matters to which the contract relates or that in
the course of his duties as an Officer of the company, he had expressed view on all or
any other matters in dispute or difference. In the event of the arbitrator to whom the
matter is originally referred being transferred or vacating his office or being unable to
act for any reason, the Director (Marketing) as aforesaid at the time of such transfer,
vacation of office or inability to act may in the discretion of the Director (Marketing)
designate another person to act as arbitrator in accordance with the terms of the
agreement to the end and intent that the original Arbitrator shall be entitled to
continue the arbitration proceedings notwithstanding his transfer or vacation of office
as an officer of the Company if the Director (Marketing) does not designate another
person to act as arbitrator on such transfer, vacation of office or inability of original
arbitrator. Such person shall be entitled to proceed with the reference from the point
at which it was left by his predecessor. It is also a term of this contract that no person
other than the Director (Marketing) of the Company or a person nominated by such
Director (Marketing) as aforesaid shall act as arbitrator hereunder. The award of the
arbitrator so appointed shall be final, conclusive and binding on all parties to the
agreement subject to the provisions of the Arbitration & Conciliation Act, 1996 or any
statutory modification or re-enactment thereof and the rules made there under for the
time being in force shall apply to the arbitration proceedings under this clause.
b) The arbitrator shall have power to order and direct either of the parties to abide by,
observe and perform all such directions as the arbitrator may think fit having regard to
the matters in difference i.e. dispute, before him. The arbitrator shall have all summery
powers and may take such evidence oral and/or documentary, as the arbitrator in his
absolute discretion thinks fit and shall be entitled to exercise all powers under the Indian
Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence
concerning the matter in difference i.e. dispute before him.
c) The parties against whom the arbitration proceedings have been initiated, that is to say,
the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter
claim or set off before the Arbitrator in respect of any matter in issue arising out of or in
relation to the Agreement without seeking a formal reference of arbitration to the Director
(Marketing) for such counter-claim, cross claim, or set off and the Arbitrator shall be
entitled to consider and deal with the same as if the matters arising there from has been
referred to him originally and deemed to form part of the reference made by the Director
(Marketing).
46
d) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or
other technical person to assist him, and to act by the opinion so taken.
e) The arbitrator shall have power to make one or more awards whether interim or
otherwise in respect of the dispute and difference and in particular will be entitled to
make separate awards in respect of claims of cross claims of the parties.
f) The arbitrator shall be entitled to direct any one of the parties to pay the costs to the
other party in such manner and to such extent as the arbitrator may in his discretion
determine and shall also be entitled to require one or both the parties to deposit funds in
such proportion to meet the arbitrators expenses whenever called upon to do so.
g) The parties hereby agree that the courts in the city of Mumbai alone shall have
jurisdiction to entertain any application or other proceedings in respect of anything
arising under this agreement and any award or awards made by the Sole Arbitrator
hereunder shall be filed (if so required) in the concerned courts in the city of Mumbai
only.
17. This Agreement covers entire understanding between the parties. 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.
18. 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.
47
(2.12) Attachment- 6
(On Non-Judicial Stamp of Rs. 200/- ( two hundred only )
BANK GUARANTEE
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 the
Company stating that the amount claimed is due by way of loss or damage caused to or
would be caused to or suffered by the Company 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).
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 the Company under of by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged or till the Company 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 before _____________ we shall be
discharged from all liabilities under this guarantee thereafter.
48
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 the Company 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 the Company
or any indulgence by the Company 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).
For __________________________
(Indicate name of the Bank and affix seal)
49
(2.13) Attachment - 7
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 The Company) in respect
thereof.
ii) To negotiate, enter into correspondence with the Company and do all and everything
necessary suitable or proper with regard to the said tender for transportation of
petroleum products.
iii) To sign, seal, execute, perfect and/or complete the Agreement for Hiring of Tank Lorries
and all and/or any other document, Indemnity Bond etc. Required by the Company 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 agreement for Hiring of Tank Lorries 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 Agreement for Hiring of Tank Lorries, the execution
and proper performance thereof by virtue of these presents.
This Power of Attorney shall remain irrevocable till the validity period of our quotation/
Agreement for Hiring of Tank Lorries / or return of our Security Deposit whichever is later.
In witness whereof, we have hereunto set and subscribed our hands at ____________ this
_________ day of ____________ Two thousand________ .
Signatures
Signed, Sealed and delivered by 1) Shri___________________
Before me.
Notary public
(Notary's Stamp)
50
(2.14) Attachment – 8
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 the BPCL
without their prior consent.
2. That the tank-lorries under reference are not attached with any other Party/ Contractor/ 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.
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
favour. 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 favour on the basis of the misrepresentations, we shall keep BPCL completely
indemnified against all the claims/ losses/ damages/ litigations/ court action etc.
Date:
Signature______________
51
Attachment-9
AFFIDAVIT
2. That, I / We have attached / shall keep attached the above mentioned tank lorry/lorries
with M/s. ______ (vendor name)_______, till the validity of POL Road Transport
Contract awarded by M/s. Bharat Petroleum Corporation Ltd, in favour of M/s. _____
(vendor name) _____ .
3. That, during above period, M/s. ____(vendor name)_____ alone shall have all the rights
of operating the said tank lorry and receiving consideration for such operation.
4. That, I / We also declare that , the tank lorry/lorries mentioned in Item 1) above, has not
been withdrawn / not operating / and not black-listed from any other contract with any
other Oil Company, or any other location of M/s. BPCL.
DEPONENT
VERIFICATION.
Verified that the contents of the above affidavit are true and correct to the best of my knowledge
and belief. No part of it is false and nothing has been concealed therein.
DEPONENT
Notary Public.
Notary Seal
52
Attachment -10
The following terms and conditions are deemed as accepted by us for participation in the bid
event:
1. We have understood and accept the general terms and conditions, technical specifications
and bidding process & time line as per tender no.
____________________________________.
3. We will not divulge either our bids or those of other Tenderers to any other external party.
4. We will not make any Off-line negotiations with BPCL. Technical and other non-commercial
queries (not impacting price) shall also be directed to M/s E-Procurement Technologies Ltd.
. Bidding process related queries could be addressed to M/s. E-Procurement Technologies
Ltd. personnel indicated in the tender document.
6. Inability to bid due to telephone line glitch, Internet response issues, software or hardware
hangs will not be the responsibility of) M/s. E-Procurement Technologies Ltd or BPCL.
7. M/s. E-Procurement Technologies Ltd does not take responsibility beyond the bid event.
Order finalization and post order activities such as shipment, payment, warranty etc. would
be transacted directly between us and BPCL.
8. Our participation in a bid event is by invitation from BPCL; BPCL is not obliged to place the
contract if the expected price of the lots or event is not met. BPCL will be at liberty to cancel
the bid event and initiate a fresh one, if necessary.
9. Bids once made cannot be withdrawn / cancelled under any circumstances but can be
revised downward.
10. BPCL along E-Procurement Technologies Ltd can decide to extend, reschedule or cancel
the Bidding.
11. We shall indemnify and hold BPCL / E-Procurement Technologies Ltd., its subsidiaries, its
and their successors and assigns, officers, employees and agents harmless from any direct
or indirect loss or damage and or claims for personal injury or property damage caused by
any contractual problems or by our negligent or fraudulent act, omission or willful
misconduct or breach of any term of this Agreement.
12. E-Procurement Technologies Ltd., nor any related company, nor any of its owners,
employees or other representatives will not be liable for damages arising out of or in
connection with the use of this site. This is a comprehensive limitation of liability that applies
53
to all damages of any kind, including (without limitation) compensatory, direct, indirect or
consequential damages and claims of third parties.
13. E-Procurement Technologies Ltd does not guarantee continuous, uninterrupted or secure
access to its services, and operation of the site may be interfered with by numerous factors
outside of its control.
Name:
Mobile Number:
SEAL:
DATE:
54
Attachment -11
TENDER No : BPCL/SR/POL/BULK/KARUR/2017-2022-10
I /We ______________________ representing M/s. _____________________ had/have
attended the training programme for Web Tender/ Electronic Bidding conducted by M/s. E-
Procurement Technologies Ltd.. I/We have understood the procedure for placing the bids in
Electronic Bidding.
5 Digital Signature
9 Server Time
10 Start Time
11 Close Time
13 Bid History-Table
Bidder Organization:
Name (s): 1
2
Signature(s):
Date & Time:
Place:
55
Attachment - 12.
TENDER NO : BPCL/SR/POL/BULK/KARUR/2017-2022-10
1 12 KL FDZ Rs/KL
12 KL Within State
2 BFDZ Paisa/KL/KM
12 KL Outside State
3 BFDZ. Paisa/KL/KM
18 KL and above FDZ
4 Rs/KL
18 KL and above
Within State BFDZ
5 Paisa/KL/KM
18 KL and above
Outside State BFDZ .
6 Paisa/KL/KM
We agree with the formula for working out escalation/ de-escalation in transportation rates on
account of increase/ decrease in retail selling price of HSD as given in the Technical (Pre-
Qualification) Bid.
Signature ________________
Name of person signing__________________
Tenderer’s Name _______________________
Address with Seal ______________________
Note:
1. It is mandatory for the Tenderers to quote rates for all the sectors i.e. FDZ,BFDZ within & outside
State for the offered capacity of T/L. In case of failure to quote for all the sectors the price bid
may be rejected
2. Quote by the tenderer shall not be less than the Minimum rate or more than the Maximum rate.
3. Rates in decimals are not acceptable.
4. The minimum amount payable shall not be less than the FDZ rate for any particular shipment
5. 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.
56
SCHEDULE -A
Increase/ Decrease in 1 litre of HSD Retail Selling Price (RSP) at Supply location (with following
clarifications)
-------------------------------------------------------------------------------------------------------
Qx4
Where Q represents notional capacity of a Tank Truck and it is taken as 12 KL and 4 represent
distance (4 KMs), which a Tank Truck can run with 1 lit of HSD (loaded or otherwise) for the
purpose of calculations.
FORMULA: 18 KL and above
Increase/ Decrease in 1 litre of HSD Retail Selling Price (RSP) ex at Supply location inclusive of taxes
(with following clarifications)
-------------------------------------------------------------------------------------------------------
Q x 3.5
57
SCHEDULE – B
58
Attachment-13
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 Organization "Transparency
International"(TI). Following TI's national and international experience, the Principal will appoint
an Independent External Monitor who will monitor the tender process and the execution of the
contract for compliance with the principles mentioned above.
Section 1 - Commitments of the Principal
1.The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
1.
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 prejudice 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 cartelization 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
59
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 processes. 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
liquidated damages 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 liquidated damages equivalent to Security
Deposit (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 liquidated
damages, 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
60
(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 r 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.
61
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.
Witness 2 : ………………
(Signature/Name/Address
62
Attachment-14
1.You may aware that “Micro”, Small and Medium Enterprises Development Act 2006”
(„MSMED‟) has been come into force w.e.f. 2nd October 2006, which has repealed the
provisions of the old Act regarding Small Scale Industrial undertakings.
2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or
rendering / providing of services are to be classified into Micro, Small and Medium enterprises
based on the investment in plant and machinery / equipment.
3.Such Enterprises are required to file a memorandum in the prescribed form to the appropriate
authority as mentioned in the MSMED Act.
4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided
family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other
legal entity.
5. For your ready reference, the definition of Micro, Small and Medium enterprises are given
below:- Classification of enterprises engaged in :
a. Manufacture or production of goods pertaining to any industry specified in the First Schedule
to the industries (Development and Regulation) Act 1951 as :
1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006
(“MSMED”) are Applicable to us and our organization falls under the definition of :
a. Micro Enterprise - ( )
b. Small Enterprise - ( )
c. Medium Enterprise - ( )
(Please put a tick in the appropriate box)
63
2. Copy of proof of valid document / certificate (indicating registration no.) of being a Micro /
Small / Medium Enterprises are enclosed.
Date : Name :
Designation :
Seal :
Note : In case above Format along with proof of valid document / certificate (indicating
registration no.) is not submitted in offer, it will be presumed that your organization is not a
micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently
you will not be eligible to the benefits admissible under the MSMED Act 2006.
64
OIL INDUSTRY Attachment-15
TRANSPORT DISCIPLINE
GUIDELINES
(Version 4.0)
(Effective Date 23rd March 2016)
VERSION : 4.0
PREAMBLE
65
The First Oil Industry Transport Discipline Guidelines (ITDG) for transportation of bulk
petroleum products by road was prepared in 2007, which was revised in 2009 and in
June 2014. Now, in view of new initiatives taken by OMCs with regards to improving the
effectiveness of Vehicle tracking system and certain changes made in tender conditions
about Marker Testing etc. as advised by MOP&NG.
A need was felt, to revise the existing Oil Industry Transport Discipline Guidelines by
way of issue of an amendment to clauses as explained in annexure-I. Accordingly, a
committee comprising following members studied the issues involved and revised the
existing Oil Industry Transport Discipline Guidelines to be implemented effective
23.03.2016.
COMMITTEE MEMBERS:
66
CONTENTS
1 Introduction 4
2 Transportation 5 -7
3 Product Loading 8
8 Adulteration/Malpractices/ 16-20
Irregularities/Penalties
67
OIL INDUSTRY TRANSPORT DISCIPLINE GUIDELINES
1. INTRODUCTION
1.1 Objective
1.2 Purpose
1.2.1 Petroleum products are filled in TT in accordance with Industry Quality Control
Manuals.
1.2.3 A well defined system of checks exists at various stages of handling of petroleum
products.
1.3 Scope
1.3.1 The procedure/code outlined in these guidelines are only the minimum required
in order to ensure quality and quantity of the petroleum products during receipt,
storage, transit and delivery. Therefore, standard operating procedures with due
regard to safety in handling of petroleum products in general shall be followed as
laid down in the respective safety and operations guidelines/manuals. It is
expected that such standard procedures will be followed at all times in addition to
the instructions contained in the following chapters of these guidelines.
1.3.2 Changes, if any, in these guidelines will be advised through serially numbered
amendments and will be displayed at the location notice board/website. The
amendment record (Annexure-I) of these guidelines shall be updated
accordingly. These changes will be implemented with effect from the date of its
amendment.
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2. TRANSPORTATION
2.1.1 Industry Transport Discipline Guidelines (ITDG) shall be part of the transport
agreement.
2.1.2 TT shall not be used for any product other than the designated petroleum
products and will operate only for the Oil Company with whom the agreement
has been entered into.
2.1.3 Carrier shall ensure that TT is painted and maintained as per the color scheme
advised by the Oil Company from time to time. Carrier shall also ensure that the
name of Oil Company & Logo is prominently displayed on the tank of TT and the
name of the base location in the information panel as per the directions of the Oil
Company.
2.2.1 Carrier shall be responsible for providing a TT fit in all respects to carry
petroleum products and shall be transporting/delivering the same in good
condition, as per specifications, to the dealers/direct customers/receiving
locations and shall be held accountable for any malpractice/adulteration en route.
2.2.2 TT shall be duly approved for its design/fittings by Petroleum and Explosives
Safety Organisation (PESO) Department. The carrier shall be responsible for
ensuring that the integrity of the TT fittings is maintained in accordance with the
conditions laid down by the licensing authority at all times.
2.2.3 The original and a copy of the valid Explosives License shall be submitted to the
loading location. Original certificate shall be returned to the Carrier after
verification. TT shall carry valid Explosive License in original issued by Petroleum
and Explosives Safety Organisation Department at all times.
2.2.4 TT without valid Explosives License shall not be utilized, unless authorized by
Petroleum and Explosives Safety Organisation Department to use the TT
pending renewal.
2.2.5 Carrier shall ensure compliance to various statutory rules and regulations,
including provisions of Motor Vehicle Acts/Motor Vehicle Rules/The Carriage by
Road Act in force at all times during the period of agreement.
2.2.6 Carrier as per the design given by the Oil Company from time to time shall
provide the product sealing/security locking/electronic sealing arrangements
(security locking system) as advised by Oil Company from time to time. The
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transporter to ensure that, the integrity of the locking arrangements is maintained
against any tampering at all the times.
2.2.7 Carrier shall ensure that the Vehicle Mounted Unit (VMU) along with fittings &
fixtures installed on the TT for tracking of the TT is kept always in working
condition and its on/ off operation is done according to the instructions given by
the Oil Company.
2.3.1 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. TT shall carry valid Calibration Certificate in original issued by
Weights and Measure Department at all times.
2.3.3 Carrier to provide manhole on top of the tank in the geometrical center of the
compartment of TT.
2.3.4 Carrier to provide dip hole/dip pipe in the geometrical center of the manhole with
manhole fittings duly welded.
2.3.5 Datum Plate height should not be more than 10 mm from the bottom plate and
should be shown in the drawing.
2.3.7 The calibration of the TT should be done at the calibration facility provided by the
Oil Company or as directed by the Oil Company. Carrier shall produce TT for
verification/ checking as and when required by the Oil Company.
2.4.1 In case of TT accident, the crew shall inform the nearest Police Station, loading
location, carrier, nearest Oil Company location and shall guard the vehicle as
well as product.
70
2.4.2 Carrier shall arrange to transfer/salvage the product in another fit TT immediately
on receipt of the information, after obtaining permission from the Oil Company
and various statutory authorities. Proper safety precautions are to be followed
while transferring the product from the damaged vehicle.
2.4.3 Carrier shall complete all the statutory formalities including lodging of FIR & shall
submit accident report to the base location. Non-lodging of FIR, not reporting the
accident to the Oil Company shall be construed as a malpractice & penal action
will be taken against the carrier as outlined under clause no. 8.
2.4.4 Spilled or trans-shipped product salvaged in TT/ barrels shall be brought to the
loading location or the receiving location as advised by the Oil Company.
2.4.5 Draw three (six nos. in case of MS) composite samples (TMB), 1 liter each from
each TT compartment/ barrel in the presence of carrier/TT crew carrying the
salvaged product. Prepare sample tags as per specimen given in Annexure-II.
Locking/ sealing of the TT/ barrel and sample containers and signing on the
sample tags shall be done jointly by the Oil Company representative and
carrier/TT crew. One set of sample shall be sent to the Oil Company’s lab for
testing, one set to be given to carrier/TT crew and one set to be retained at the
location.
2.4.6 On receipt of test results from the lab, the carrier shall be suitably advised and
action taken.
2.5.1 Carrier shall engage TT driver who has undergone training on transportation of
hazardous goods as stipulated under the Motor Vehicle Acts/Rules. The driving
license of the driver should be endorsed by Road Transport Authorities to this
effect.
2.5.3 The TT registration number shall be painted on the fire extinguishers carried by
the TT.
2.5.4 Carrier shall submit details of TT crew, verification of antecedents of the TT crew
obtained from local Police and a copy of valid driving license of the driver, duly
endorsed by RTO for having undergone training for transportation of hazardous
goods as per MV Act/Rules, to the base location and obtain entry pass from the
location.
2.5.5 Before embarking for the delivery it will be carrier’s or his representative’s
responsibility to ensure that TT crew has :
71
a. Correct Challan/ Invoice
b. Correct TREM CARD and standing instructions
c. Switched on the VMU.
2.5.6 The crew of the tank truck who are signing the Invoice at the loading location
should deliver product at the destination. In case of substitution of crew due to
any reason, the same should be done only after obtaining permission from the
location.
3. PRODUCT LOADING
3.1 Quality Control
3.1.1 Petroleum products shall be received, stored and delivered ex loading locations
in accordance with Industry Quality Control Manual.
3.2.1 Security locking of the TT shall be done in accordance with the guidelines of the
Oil Company.
3.2.2 Carrier to ensure that the integrity of the security locking system is intact at all
times.
3.2.3 Carrier shall ensure that the TT is always in locked condition (as per security
locking system) including on its return journey except during loading/unloading
operation. Any act of tampering with the security locking system shall be
construed as malpractice and action shall be taken against the carrier.
3.3.1 The departure time from the loading location shall be recorded on the
invoice/stock transfer document itself by the loading location and the
dealer/direct customer/ receiving location shall record the arrival and departure
time of the TT on the same document.
3.3.2 Carrier shall ensure that the trip time and the VTS route specified for the
destination are strictly adhered to.
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4. PRODUCT RECEIPT
The procedure outlined hereunder is applicable for the receipts of product at the supply
locations, dealers and direct customers.
Arrival & departure time of the TT shall be recorded in the delivery document. If
a bridging TT is used for deliveries by receiving location, it shall report back at
the receiving location after completion of delivery.
4.1.2.1 The security locking system shall be checked and if it is found O.K then proceed
to clause 4.1.3. If found tampered, then it will be construed as a malpractice
and action shall be taken as mentioned in clause 4.2 and 8.
The dip rod should match the calibration chart provided by Weights & Measures
for markings at the dip level, proof level and the total length.
On arrival of TT, dealer / customer shall check the density @15 deg C of
product from each compartment. If the variation is found to be within +/- 3
kg/cum as compared with the invoice density, steps as mentioned in clause
4.1.4 to be followed. However, if variation in the observed density is beyond +/-
3 kg/ cum, the TT shall not be unloaded and action shall be taken as mentioned
in 4.5.1.
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same product from the TT. Sample shall be sealed & labeled and jointly signed
by dealer / dealer’s representative and TT driver before unloading the TT.
The transporter will have the option to obtain another set of samples (2x1 liter of
MS and/or 1x1 liter HSD) duly labeled and jointly signed, for retention. On such
request from the transporter, dealer should hand over this set of samples against
payment to the TT driver/transporter’s representative. In addition, the carrier/TT
driver will have to pay a deposit of Rs.300/- per sample container or as revised
from time to time to the dealer.
In case the TT driver refuses to sign the label, TT shall not be unloaded and
dealer shall contact supply location/field officer.
The Marker Test is currently not applicable. However the same clause will be
applicable as and when Marker Test is reintroduced”.
The following procedure shall be followed for dealing with the suspected
irregularities.
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4.3 Sampling Procedure for Suspected Irregularities
The sales officer / location officer shall draw eight nos. composite samples (TMB)
in case of MS (four in case of other products) of 1 liter each from every TT
compartment in the presence of carrier/ TT crew and consignee/ consignee’s
representative. Prepare sample tags as per specimen given in Annexure-II.
Signing on the sample tags and sealing of the sample containers shall be done
jointly by the sales officer/ loading location officer, TT crew/ carrier’s
representative and consignee/ consignee’s representative. One set of sample
shall be sent to the Oil Company’s lab for testing, one set to be given to carrier/
TT crew, one set to be given to consignee/ consignee’s representative and one
set to be retained by the sales officer/ loading location
The location officer shall draw six nos. composite samples (TMB) in case of MS
(three in case of other products) of 1 liter each from every TT compartment in the
presence of carrier/ TT crew. Prepare sample tags as per specimen given in
Annexure-II. Signing on the sample tags and sealing of the sample containers
shall be done jointly by the loading location officer and TT crew/ carrier’s
representative. One set of sample shall be sent to the Oil Company’s lab for
testing and one set to be given to carrier/ TT crew and one set to be retained by
the loading location.
The TT samples drawn by the sales officer / loading location officer at the
consignee’s premises shall be tested in the lab. If the product passes in the lab
test, the TT shall be decanted at the consignee’s premises. If the product fails in
the lab test, then the corresponding supply location retention sample shall be
tested. If the supply location retention sample passes in the lab test then it would
be construed as malpractice done by the carrier &action shall be taken as
outlined in clause no 8. If the supply location retention sample fails in the test
then no action shall be taken against the carrier. In any case of failure of the TT
sample, the TT shall be sent for the disposal of the product as directed by the Oil
Company.
4.5 Testing of “Retained Tank Lorry Samples” at lab as per Clause no. 2.5(D) of
MDG of 2012 effective 08-01-2013.
Laboratory will test the RO sample, the last TT retention sample (TL1) and the
corresponding supply location sample (SL1) simultaneously and compare the
75
reproducibility / permissible limits of the test values. In case RO sample fails &
TL-1 also fails but SL-1 passes, action shall be taken against the transporter of
TL-1 as per clause 8.1 of ITDG. However, in case RO sample and supply
location sample (SL1) meet the specification norms, no action is to be taken
against the Tank truck.
In case RO sample fails and TL1 passes, then (the second last retention
sample) TL2 & (supply location sample corresponding to TL2) SL2 will be tested.
In case TL2 fails and SL2 passes, action shall be taken against transporter (TL2)
as per clause 8.1 of ITDG.
Note: While collecting the samples from RO for testing at the lab, the field officer
shall also collect TL2 in addition to TL1 and Nozzle sample so that TL2 can be
tested immediately upon passing of TL1 and failure of RO sample.
If the product sample drawn from the retail outlet is found failing in the marker
test then the last “Retained Tank Lorry samples” kept at the retail outlet shall be
tested for marker test. The marker test of “Retained Tank Lorry samples” will be
carried out after giving prior notice to the dealer & the concerned carrier so that
they can be present at the test venue if they so desire for witnessing the testing.
Field officer or the representative of the divisional office/ regional office/ territory
office will also be present & conduct/ witness the marker test. This team will
submit its report in the approved industry format. If the “Retained Tank Lorry
samples” is also failing in the marker test then the corresponding location sample
will be tested. If the supply location sample is passing in the marker test then it
shall be construed as a malpractice done by the carrier & penal action would be
taken against the carrier as outlined under clause no. 8.
The Marker Test is currently not applicable. However the same clause will be
applicable as and when Marker Test is reintroduced”.
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5. TANK TRUCK/TANK LORRY MONITORING
5.1 Carrier having agreement with the Oil Company for a TT shall not enter into
agreement with other company for the same TT. Carrier shall not enter into
agreement with the Oil Company for the blacklisted TT. If it is subsequently
proved that the carrier has entered in to agreements with other Oil Company for
the same TT then it shall be construed as malpractice & penal action would be
taken against the carrier as outlined under clause no.8.
5.2 The TT/ Carrier/ transporter blacklisted by any one Oil Company shall be
construed to be black listed by all Oil Companies.
5.3 Carrier shall not enter into agreement with the Oil Company by submitting forged
documents/ false information.
5.4 Bridging TT, only after verifying the product acknowledgement for the previous
trip, and seeking clarification in the cases where trip time has exceeded, the TT
will be accepted for loading.
5.5 In case a TT has not reported for delivery at the receiving location/destination
after a reasonable transit time, carrier shall inform loading location and receiving
location/destination the reasons for delay and likely date/time of reporting. In
case the Corporation does not find the reasons valid, action will be taken as per
clause no. 8.
Even in case of valid reason, not informing the delay as above shall be construed
as a malpractice and action will be taken against the carrier as outlined under
clause no. 8.
5.6 Bridging TT arranged by receiving locations shall be accepted only on the basis
of indent slips issued by receiving locations. The receiving location shall issue a
serially numbered indent slip before it proceeds to the loading location for
uplifting the product. In case of missing of such TT, action as mentioned in item
5.5 above shall be taken.
5.7 In case a TT is not received at the receiving location, action shall be taken
against the carrier as outlined under clause no. 8.
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6. VEHICLE TRACKING SYSTEM
6.1 If VMU of the TT is not in working condition, it would be considered that the TT is
not fit for loading.
6.2 Carrier or his representative shall inform the Oil Company within 30 minutes of
stoppage of VMU functioning.
6.3 Carrier shall strictly follow the specified route authorised by the respective Oil
Company. Any repetitive deviation from authorised route shall be construed as
malpractice unless explanation given to the Location In-charge/ nominated officer
is accepted as an established genuine case. In case of any established
deviation, action will be taken against the carrier as outlined under clause no.
8.2.2.
6.4 If it is observed that the VMU, its fittings or fixtures installed on the TT is
damaged deliberately by the carrier or his representative, the VMU is switched of
en-route, VMU is removed from TT, VMU is used on other vehicles then it would
be construed as a malpractice and action will be taken against the carrier as
outlined under clause no. 8. Company’s decision would be final in determining as
to whether it has been damaged deliberately or not.
6.6 Carrier has to ensure that the TT reaches the destination and delivers product to
the consignee within specified trip time. The TT not reaching the destination or
unauthorized delays shall be construed as a malpractice and action will be taken
against the carrier as outlined under clause no. 8.
6.7 Carrier shall ensure that TT does not exceed the speed limits prescribed by the
concerned authorities. In case of repetitive/habitual over speeding, action shall
be taken as per clause 8.2.2. Any accident shall be analyzed for over speeding
and action shall be taken as per clause 8.2.2.
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7. HEALTH, SAFETY & ENVIRONMENT
7.1 All rules/ regulations and statutory requirements shall be strictly followed by the
carrier and their work force i.e. drivers/ cleaners at the work place and on the
road while transporting petroleum products.
7.2 Driver and cleaner shall wear retractable seat belt and uniform as specified by
respective OMC, while driving vehicle.
7.3 No TT shall be plied by the driver without cleaner, either on the road or at any
work place.
7.4 The TT 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).
7.5 The crew of TT shall check safety fittings, fitness conditions of vehicles to ply on
road before the TT is brought for loading.
7.6 Safety procedures for unloading and loading of vehicles at the supply location as
well as at the destination i.e. retail outlets, direct customer, supply location, etc.
shall be strictly adhered to.
7.7 It shall be mandatory for all drivers to undergo refresher training course / training
programs organized by the location.
7.8 The TT should be driven by driver having valid driving license duly endorsed by
RTO for having undergone training to carry hazardous goods.
7.9 TT crew to undergo routine health check up once in every six months and
certificate issued by the authorities to be submitted to the loading location.
7.10 The carrier shall ensure that the TT crew are not in intoxicated state while on
duty.
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8.0 ADULTERATION/ MALPRACTICES/ IRREGULARITIES/
PENALTIES
On the first incident (during the tenure of the contract) of adulteration, the
contract with the concerned carrier shall be terminated and the concerned
carrier & the particular TT shall be blacklisted on Industry basis.
On the first incident (during the tenure of the contract) of adulteration, the
particular TT shall be blacklisted on Industry basis along with the TT crew.
In case of second incident of adulteration, the whole contract comprising of
all the TTs belonging to the concerned carrier shall be terminated and the
concerned carrier & their all TTs shall be black listed on industry basis.
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8.2 Penalties for malpractices/ irregularities
The carrier shall attract penalties for the malpractice/irregularities as given below
and the TT mentioned in the following instances shall be suspended/blacklisted
along with TT crew. However, an investigation, wherever required, shall be
conducted and if the malpractice/ irregularity is established then penal actions
stipulated as under shall be taken, including blacklisting :
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driving. for one for 3 months.
(b) Repetitive / Habitual Over week.
speeding.
(c) Driving vehicle without
cleaner / helper.
8.2.2.2 (a) Established repetitive un- TT shall be TT shall be
authorized stoppage en suspended blacklisted.
route. for 3
(b) Established repetitive un- months.
authorized diversion from
specified route.
(c) Refusal to carry loads
allocated by the location.
(d) Irregular reporting of TT at
loading location without
permission of the location.
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8.2.2.9 Fatal accident at the work place.TT shall be
blacklisted.
8.2.2.10 Irregularities under W&M Act. TT shall be
blacklisted.
8.2.2.11 Tampering with standard fittings TT shall be
of TT including the sealing, blacklisted.
security locks, security locking
system, Calibration.
During the validity of transportation contract, in the first instance of blacklisting for a
transporter, as per the above provisions, damage of Rs.1Lakh will be imposed on the
Transporter apart from blacklisting of the involved TT. In second instance of
blacklisting, a damage of Rs 3 Lakhs will be imposed and the involved TT will be
blacklisted. In third instance of blacklisting, a damage of Rs 5 Lakhs will be imposed
and 25% of the remaining TTs will be blacklisted along with the involved TT. In fourth
instance, a penalty of Rs 8 Lakhs will be imposed and 50% of remaining TTs will be
blacklisted along with involved TT. In case of any further incident of malpractice, the
entire fleet will be blacklisted and the SD will be forfeited and the transportation
contract will be terminated. The percentage of TT blacklisted will be in proportion of
own & attached offered and will be rounded off to the higher numerical.
Above damages imposed are in addition to the recovery of the product quantity found
short or recovery due to contaminated product involving the cost of product, expenses
and losses incurred as determined by the company.
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However, in case, complicity of the transporter is established even in first instance of
malpractice, the entire fleet will be blacklisted, contract terminated & carrier blacklisted
along with forfeiture of SD.
The period of blacklisting for the carrier & TTs shall be minimum 2 years or as per the
respective corporation’s assessment depending upon seriousness of the offence, but
not exceeding 5 years. The TTs, on completion of Black listing period, can ply under the
same contract in case the validity of contract exists and the company so desires.
In case, the same TT is found to indulge in malpractice again (after completion of the
first blacklisting period), the second time blacklisting shall be of 5 years.
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Annexure – I
Amendment Record
85
Annexure –II
SAMPLE TAG
Location Name of
Dealer/Direct
Customers
Reasons for
testing
86
Attachment-16
A Documents
Hydrotesting (at 0.316 Check for each Compartement (Validity 1 year)
1
kg/cm2) certificate
2 PESO Licence Check for availability/ validity (also check from PESO site)
PESO authenticated copy of Check for availability/ validity
3
Tank Truck drawing
4 TL Registration Check for availability/ validity
TL Fitness Certificate from Check for availability/ validity
5
RTO
6 Driving Licence Check for availability/ validity
Endorsement for Check for availability
7 transportation of hazardous
goods from RTO
8 PUC Check for availability/ validity
Check for availability/ validity. Carry out physical
verification of dip rod for correctness of dip marking ;
Check condition W & M seals on manholes ; Check tyre
size , no.of leaf springs, tank dimensions & chamber
9 TL Calibration Certificate capacity as per Calibration Certificate
NB : Random check during TT calibration, the
compartments and fittings are fabricated in line with OISD
std 167. Any deviation shall be recorded and rectified
immediately.
Whether crew members possess TREM card / detailing
10 TREM Card instructions on handling emergencies en route and
understand the contents?
87
B Cabin
1 First aid box Whether TT is carrying a fully equipped first aid box
2 VTS Installed & Functional ( Check with VTS Report)
Installed & Functional ( Check cabin panel ; click Sound on
3 ABS
wheels & availability of OEM Certifcate)
Installed & Functional (Crosscheck cable connections &
4 Speed Governor availability of OEM Certificate); Max. speed setting should
be 55 kmph
5 Safety belt Available and is of retractable type
Check availability alongwith 3 nos. of retroreflective
6
Tool box emergency parking signs
7 Wiring Only conduit wiring shall be available
8 Engine -Self Start Condition Check functionality
9 Headlights /indicators Check functionality
10 Rear View Mirror Check availability
Check functionality ( Check for bypass - drum studs shall
11 Hand Brake
not be outside)
12 Emergency Light Whether TT is carrying an FLP emergency light?
C General
PESO approved Spark Arrestor in Welded Condition. Check
other side for any bypass arranagment /Fitment of Cap.
1 Exhaust & Spark arrestor
Check for any leakages. Exhaust is wholly in front of the
TT?
Distance between cabin and
2
tank 6 inch or 150mm gap is available
3 Fire screen Covers the tank fully and is atleast 12in above the ground
On driver's side , secured with steel frame / jali & in
4 Diesel tank
locked condition
Rubber Hose without Joints ,Painted with Tank Lorry no.
and fitted with standard non-ferrous coupings at both
5 Decantation Hose
ends (2.5" on one side & 3" on other side) with electrical
continuity.
Check condition (cuts/ scars/ worn out/ condition of
6 Conditions of tyres
treads/ fit for safe travel)
7 Tank Whether TT is having any visible dent on the body?
8 Tank Width Check that width of tank body is less than cabin width.
9 Dome cover height Dome cover top height should be less than cabin top.
Check Condition. Whether any visible leak observed from
10 Condition of tank lorry
valves / flange joints?
11 Connection for bonding Check availability of two cleats on both sides of the body
with exposed metal for making connections
12 Manifold in discharge faucet Interconnected manifold is not there
Check for ladder at rear end and catwalk are intact and in
13 Ladder/catwalk
position
14 Side Crash Guard Check availability
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15 Others No loose clothes should be hanging or loose beddings to
be kept in the cabin; No containers to be present.
D Sealing System
1 Hinges of dome cover Check for Welded or Riveted
Check whether completely coverred with dome cover &
2 Fittings on top of the tank
welded to Manhole cover
sleeve pipe passing through the dome
A cover is in proper place and is correctly
welded
Condition of dome cover in locking lever sits on the locking slot when
3 B
lorry closed
no indication of tampering with dome
C cover is preset such as scratch, paint
removed or repainting
operating shaft and locking pins are not
A
bend due to tampering
check welding joint in sleeve and vertical
B support. Operating shaft and locking pin
should not have any cut marks
is the operating shaft a single piece bar
Conditions of operating shaft C and all locking pin bars are welded with a
4 and locking pin of the locking 90 degree bend to the operating shaft
system locking pin fits properly into the locking
D
slot when in locked position
Is the shaft and pin movement possible in
E closed condition due to which the pin may
slip out of the locking slot
welding joint are checked in both locked
F
and unlocked positions
5 Discharge valve box Check hinge bolts present in discharge valve box is made
of a single rod and both its ends are secured with MS strips
discharge valve wheel to be welded nad
A
painted
Condition of discharge valve B check for modifications in locking slot
manifold box and condition C check welding of door hinges
6 of the flanges of the
is the metal sheet present between
discharge pipe of the D
chassis and valve loose?
compartment
Check if MS bars welded to prevent the
E loosening of the bolts of discharge pipe
flange of the compartments
E VM
HAZCHEM code, name of contractor with address and
1 Emergency information panel telephone no. displayed prominently. Flammable motor
spirit to be mentioned on three sides.
2 Color As per standard BPCL VM Manual.
White in front ,Yellow on the sides and Red on the back
3 Reflective Stickers
sides of tank body.
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F Electricals
Availability . Check that all electrical wiring through
conduit pipe and there is no loose connection. All junction
1 Double-pole wiring
boxes are properly sealed. Check the return wire is not
connected to chasis/tank body.
Electrical wiring is insulated and provided with suitable
over current protection in the form of fuses / automatic
2 Electrical Wiring
circuit breaker etc have been provided. No electrical fitting
on tank body.
Enclosed in Steel Box /Frame & Terminal are covered with
Rubber Cap. Whether batteries are effectively protected
3 Battery & Terminals against contact with any spillage of flammable liquid and
be fitted with an insulator cover to protect against
inadvertent contact by objects which could cause a spark?
Check all Electrical items such as Fuse /Circuit breakers are
4 Electrical Equipments located in cabin /engine compartment
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Check Health Check Up Certificate
B
(Shall not be more than 6 months old)
Check Insurance -accidental insurance of
C Rs. 5 lakhs and medical insurance of Rs.
50000/-
Whether driver undergone training on
D “safe driving practices” & “transportation
of hazardous goods”?
Comments on assimilation of above
E
training / knowledge
Check Uniform, Photo ID, Safety Helmet,
A
Safety Shoes
Check Health Check Up Certificate
B
(Shall not be more than 6 months old)
2 Tank lorry Navigator
Check Insurance -accidental insurance of
C Rs. 5 lakhs and medical insurance of Rs.
50000/-
D Has attended Safety / Navigators Training.
J Any other observation ?
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National Electronic Fund Transfer (NEFT) Mandate Form
(Mandate for receiving payments through NEFT from Bharat Petroleum Corporation Ltd)
1 Vendor Name
2 Vendor Code
C. Branch Code
D. Address
E. City Name
F. Telephone No
J. Account No.
5 Vendor’s e-mail id
6 Date of effect
(Please enclose a photocopy of the cancelled cheque to enable us to verify the details mentioned above)
We hereby declare that the particulars given above are correct and complete. If the transaction is delayed
or lost because of incomplete or incorrect information, we would not hold the company responsible.
___________________
Signature of the Vendor
Bank Certificate
Date: ____________________
Place: Authorised Official of Bank
92