Document 3
Document 3
Document 3
MTPS.I – Operation Circle – O&E Division - Road Transportation of 4000 MT Fuel Oil
(HFO) From M/s.Bharat Petroleum Corporation Limited, Peelamedu terminal, Coimbatore
- 641 004 tMettur Thermal Power Station I, TNPGCL, Mettur Dam - 636 406 for a period
of one year from the date of commencement of work.
DUE DATE AND TIME FOR SUBMISSION OF TENDER: 13.08.2024 @ 14.00 Hrs .
3) Quantity 4000 MT
5) (a) Earnest Money Deposit Rs.38,300/- (Rupees Thirty Eight thousand and Three
(EMD) Hundred Only) to TNPGCL’s Account
Account No. : 550518752
Name of Bank : Indian Bank
Mettur Dam - 636401
IFSC Code : IDIB000M034
The Earnest Money Deposit shall be in the form of
NEFT / RTGS. Scanned copy of the E-receipt duly reflecting
the UTR Number shall be uploaded.
The bidders may also remit EMD through Bank
Account Transfer to TNPGCL’s Account – Account No:
550518752 – Name of Bank: Indian Bank., Mettur dam, IFSC
Code: IDIB000M034.
A copy of bank account scroll of bidders duly
exhibiting the transaction of EMD amount with details of
name of bank, bank account number of bidder and IFSC
code shall be uploaded.
Or (b) Permanent EMD Tender Value
(I) Rs.10,00,000/- Up to Rs.10,00,00,000/-
(II) Rs.20,00,000/- Up to Rs.50,00,00,000/-
All tenders exceeding Rs.50,00,00,000/-.
(III) Rs.50,00,000/-
6) URL for online bid submission
for e-tender https://www.tntenders.gov.in/nicgep/app
7 a) Date of commencement for
29.07.2024 @ 18:00 Hrs
view of Tender.
7 b) Last date for submission of 13.08.2024 before 12.00 hrs
EMD (The EMD amount has to be received in
TNEB/TNPGCL account through e payment, by 2 hours before
closing time of tender)
8 Date and time of closing of online
e-tender for submission of Techno 13.08.2024 @ 14.00 hrs.
Commercial Bid & Price Bid
9 Date & time of opening of
tender electronically 14.08.2024 @ 14.30 hrs.
10 Specification available at website: The tender specification will be placed at the following
websites.
(i) TNPGCL : www.TNPGCL.gov.in
(ii)NIC:
https://www.tntenders.gov.in/nicgep/app
The Prospective bidders may download the same.
11 Documents to be uploaded by the Techno-Commercial Bid -
Tenderer during e-submission Schedule A , Attachments 1 to 5,Annexure A B & C, and
through other documents whichever is applicable and Price Bid.
https://www.tntenders.gov.in/nicgep
/app
Sd/--
CHIEF ENGINEER
MTPS-I / METTUR DAM-6
To
1. Copy to the Superintending Engineer / Operation/ MTPS-I.
2. Copy to Executive Assistant to CE / MTPS-1
3. Copy to EE / O&E / MTPS-I
4. Copy to EA TO SE/O/ MTPS-I for publish in TNPGCL & NIC & Govt., Web-Sites.
5. Copy to AAO/Cash/MTPS-I to accept the cost of EMD through e-payment.
6. Copy to the Notice Board
SCHEDULE-A
PRICE SCHEDULE
NAME OF THE WORK: MTPS.I – Operation Circle – O&E Division - Road Transportation
of Fuel Oil (HFO) From M/s. Bharat Petroleum Corporation Limited, Peelamedu terminal,
Coimbatore - 641 004 to Mettur Thermal Power Station I, TNPGCL, MetturDam -
636 406 for a period of one year from the date of commencement of work.
Price
Sl. Rate / Rs. in
Qty. Description of Work
No MT words
Rs. P
Charges for road transportation of Fuel Oil (HFO) from
M/s.BPCL/Peelamedu Terminal to MTPS-I in Tank Truck
of 16/20/24/25 KL capacity strictly complying with the
terms and conditions of Spec. No. 04/2024-25 and as
directed by the Operation Engineer/ MTPS-I in charge, Quote Quote
4000 work involves loading at BPCL/ Peelamedu Terminal, on on
1.
MT Online Online
transportation to MTPS-I (150 Kms) including other levies only only
and running cost of tank truck complete. (One way
distance shall be taken for payment)
Note : Transit insurance of the transporting product alone
is under the scope of TNPGCL.
(Please specify)
Percentage of GST: (For bidders with in TN)
SGST:
CGST:
(For bidders outside TN)
IGST:
Note: 1. While quoting the rates the bidder shall indicate the SAC code as per GST
Act.
If GST is remitted by the tenderer themselves, GST will be reimbursed only after production of
documentary evidence and the reflection of GST remittance in TNPGCL 2A portal. Further
TNPGCL is not responsible for late remittance of GST.
1.0 The bidding under this contract is electronic bid submission through website
https://tntenders.gov.in/nicgep/app only. Detailed guidelines for viewing bids and submission
of online bids are given on the website. Any citizen or prospective bidder can logon to this
website and view the invitation for Bids and can view the details of works for which bids are
invited.
2.0 Registration:
2.1 The prospective bidders can submit bids online, however, the bidders are required to
have enrolment/registration in the website by clicking on the link “Online bidder
enrolment” which is free of charge.
2.2 As part of the enrolment process, the bidders are required to choose a unique username
and assign a password for their accounts.
2.3 Bidders are advised to register their valid email address and mobile numbers as part of
the registration process. These details would be used for any communication from the e-
Portal.
2.4 Upon enrolment, the bidders are required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by
any Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with
their profile.
2.5 Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
2.6 Bidder then can login to the site through the secured login by entering their user ID /
password and the password of the DSC / e-Token.
6.3 Bidder, in advance, should get ready with the bid documents to be submitted as indicated
in the tender document and generally, they can be in PDF / XLS / RAR / DWF / JPG
formats. Bid documents may be scanned with 100 dpi with black and white
option which helps in reducing size of the scanned document. Since the
uploaded documents shall be downloaded for evaluation of bid, bidders are advised to
upload clear scanned copies. One hard copy of the electronically submitted bid
documents except the price schedule shall have to be submitted upon
intimation by TNPGCL after opening of the e-tender.
6.4 To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has
been provided to the bidders. Bidders can use “My space or “Other Important
Documents” area available to them to upload such documents. These documents may
be directly submitted from the “My Space” area while submitting a bid, and need not be
uploaded again and again. This will lead to a reduction in the time required for bid
submission process.
6.5 The completed bid comprising scanned copy of the proof for the payment of EMD or
exemption from payment of EMD and necessary technical and commercial documents
should be uploaded on the website along with signed and scanned copies of requisite
certificates as are mentioned in the different sections in the tender document.
7.1 Bidder should log into the site well in advance for bid submission so that they can
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay due to other issues.
7.2 The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
7.3 Bidder has to select the payment option as “offline” to pay the EMD amount through
RTGS/NEFT or by way of account transfer as applicable and enter details of the
instrument.
7.4 The scanned copy of payment made through RTGS/NEFT or by way of Account Transfer
towards EMD amount has to be uploaded. TNPGCL shall not be responsible for any delay
in uploading the proof of EMD by any mode.
7.5 A BOQ format for the price bid has been provided with the tender document to be filled
by all the bidders. Bidders are requested to note that they should necessarily submit
their financial bids in the BOQ format provided and no other format is acceptable.
Bidders are required to download the BOQ file, open it and complete the coloured
(Unprotected) cells with their respective financial quotes and other details (such as
name of the bidder). No other cells should be changed. Once the details have been
completed, the bidder should save it and submit it online, without changing the file
name. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
7.6 The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission
of the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
7.7 All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of the
bids is maintained using the secured Socket Layer 128 bit encryption technology. Data
storage encryption of sensitive fields is done. Any bid document that is uploaded to the
server is subjected to symmetric encryption using a system generated symmetric key.
Further this key is subjected to asymmetric encryption using buyers/bid openers’ public
keys.
7.8 The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
7.9 Upon the successful and timely submission of bids, (i.e. after clicking “Freeze Bid
submission” in the portal) the portal will give a successful bid submission message & a
bid summary will be displayed with the bid no. and the date & time of submission of the
bid with all other relevant details.
7.10. Department or Service Provider is not responsible for any failure such as a bad internet
connection or power failure outside of their control. The bidder is responsible to ensure
that they have sufficient time to submit an electronic bid prior to closing date and time
including the payment of any fees including the Bid security and getting e-receipt. In
case of a failure in the system within the control of the service provider that may affect
a bidding process, the contracting authority on his sole discretion will postpone the
closing time at least 24 hours from the time of system recovery to allow bidders
sufficient time to submit their bids.
7.11 The TNPGCL may, at its discretion, extend the deadline for the submission of bids by
amending the bidding document, in which case all rights and obligations of
TNPGCL and bidders subject to the previous deadline shall thereafter be subject to the
deadline extended.
9.3 No bid may be modified after the deadline for submission of Bids.
10.2 Any queries relating to the process of online bid submission or queries in general may be
directed to the 24x7 Central Public Procurement Portal Helpdesk.
It may be noted by the bidders that NIC is only a service provider for conducting the
online bidding process against this tender and shall not be a party to any contract between
TNPGCL and the successful bidder(s) subsequent to the bidding process.
Sd/-----
Superintending Engineer / Operation
Mettur Thermal Power Station – I
Mettur Dam- 636406
SECTION – A
EARNEST MONEY DEPOSIT:
A.1. Each Tenderer should pay the specified amount towards Earnest Money Deposit as follows:
Earnest Money Deposit: Rs.38,300/-(Rupees Thirty Eight Thousand and Three
Hundred only)
A.2. The Earnest Money Deposit specified above should be in the form of NEFT/ RTGS/
Account Transfer. Scanned copy of the E-receipt duly reflecting the UTR Number shall
be uploaded. The EMD amount has to be received in TNEB/TNPGCL account through e
payment, 2 hours before closing time of tender). EMD amount received
beyond tender closing time will be summarily rejected.
Any other mode of payment of EMD other than NEFT / RTGS / Account
Transfer shall not be accepted towards EMD and the tenders shall be rejected
if EMD is not paid in the prescribed manner.
A.3. The following categories of tenderers are exempted from payment of Earnest Money
Deposit:-
a) “Micro & Small Enterprises located within the State of Tamil Nadu are exempted
from payment of Earnest Money Deposit against the production of a copy of
‘Udyam Registration Certificate’ or any other valid registration certificate / proof
as notified by the Government of India in respect of the items manufactured by
them for participation in the tenders floated by the Government Department,
State Public Sector Undertakings, Statutory Board, Local Bodies, Co-operatives,
Universities and Societies formed by the Government and whenever it is
deemed necessary, the procuring entity may inspect the unit and satisfy
themselves with regard to verifying the credentials of the applicants on the line
of activity pursued by such manufacturers, quality and production capacity and
other relevant factors”. Exemption of EMD will be permitted only if the
registration pertains to the specific nature of work.
b) Departments of the Government of Tamil Nadu.
c) Undertakings and Corporations owned by the Government of Tamil Nadu.
d) Labour Contract Co-operative Societies.
NOTE :
1) An undertaking shall be furnished by the successful bidders that they would pay
penalty an amount equivalent to Earnest Money Deposit / Security Deposit or an
amount equal to the actual loss incurred by the procuring entities whichever is
less in the event of non-fulfillment or non-observance of any of the conditions
stipulated in the contract.
2) The SSI units located outside the State of Tamil Nadu are not eligible for
exemption from payment of EMD against Udyam Registration Certificate even
though registered in Udyam portal for tendered items.
3) The Bidders who are exempted from payment of EMD shall furnish an
undertaking in lieu of EMD on a non-judicial stamp paper of value of Rs.80/-
(Rupees Eighty only) to pay an equal amount to EMD in case of non-fulfillment of
the conditions stipulated in the contract. (Format enclosed)
4) Central and the state government departments / undertaking and corporation
other than those in Tamil Nadu shall have to pay Earnest Money Deposit.
A.4.0. Forfeiture of Earnest Money Deposit
The Earnest Money Deposit made by the tenderer shall be forfeited if.
1. If the tenderer withdraws his tender after its submission and before acceptance, the
EMD will be forfeited by the Board and also their poor performance will be
noted for future dealings.
2. If the tenderer withdraws his tender after its acceptance the EMD deposited by him
will be forfeited and also their poor performance will be noted for future
dealings.
3. If he withdraws his tender before the expiry of validity period stipulated in the
Specification or fails to remit the Security Deposit.
i) The tenderer revises any of the terms quoted during validity period.
ii) The tenderer violates any of the conditions of the tender specification.
iii) The successful tenderer fails to remit the Security Deposit within the prescribed
time limit.
A.5.0. The E.M.D. will not carry any interest. The EMD of the unsuccessful tenderers will be
refunded on their application for refund after intimation sent to them conveying the
rejection of their offer.
Sd/---
SUPERINTENDING ENGINEER
OPERATION / MTPS-I.
SECTION – B
1) The Tenderer should be a transporter/logistic company and shall own minimum 5 tank
trucks with a minimum capacity of 15 MT (with valid RTO registration). The owned tank
trucks offered by the tenderer should be in their name i.e Firm or partner or company or
proprietor. In case of partnership firm participating in this tender, the date of formation of
such partnership firm shall not be later than last date of submission of tender documents.
The tender submitted by the partnership firm formed later than this date will be rejected. The
partnership firm should have been registered. The bid of un-registered partnership firms will
be rejected. The Scanned originals of RC books of Tank Trucks and Scanned originals of
Partnership deed if necessary shall be uploaded.
2) The date of registration (As mentioned in RC book) of Tank Truck offered shall be as
prescribed by Local Laws and in any case shall not exceed 15 years on the date of tender
opening and the scanned original of the above shall be uploaded.
3) The bidder should have previous experience in transporting minimum 1000 MT/KL of
HFO / HSD / LDO oil in public sector undertaking/ State or Central Government undertaking or
private industries in India as a transport contractor within the past ten years as on the date of
tender opening. The date of work order will be reckoned for ascertaining the eligibility of the
tender. The bidder shall upload scanned original of the work order in complete shape for the
above during e-tender.
4) The bidder shall upload the scanned original/ copy of the End User’s certificate for the
satisfactory performance for the above. In case the above work was carried out in TNEB /
TANGEDCO, the End user certificate will be obtained by the Tender inviting authority directly
from the concerned Organizations. However in case of other Organizations, the End user
certificate for the work executed should be obtained, scanned and uploaded by the bidder
during e-tender.
The bidder should have an annual turnover of more than Rs.11.97 Lakhs in any one of the
last three financial years (i.e., 2020-2021, 2021-22 and 2022-23) and shall upload scanned
original / copy of any one of the following statements in support of Annual Turnover for all the
three financial years 2020-2021, 2021-22 and 2022-23.
i) Annual turnover statements duly certified by a
practicing Chartered Accountant
ii) Audited financial statements like P&L account duly certified by a practicing
Chartered Accountant
iii) Audited Balance sheets duly certified by a practicing Chartered Accountant
(iv) GST return filed by the bidder
(v) Income Tax return filed by the bidder.
Note: The Documentary proof for the above BQR shall be scanned and uploaded, failing
which their bid will be summarily rejected. The successful bidder has to submit the attested
copies of the documents satisfying BQR criteria after tender opening, in the office of the
Tender Inviting Authority.
Sd/---
SUPERINTENDING ENGINEER/OPERATION
MTPS-I / METTUR DAM-6
SECTION – C
INSTRUCTION TO TENDERERS
1.2) The quantity indicated in schedule of requirement is approximate. The quantity finally
ordered may vary to the extent of 25 % either way of the approximate quantity
indicated in the Schedule of requirement.
2.2) The Tender Offer consisting of Schedules, Annexures/ Attachments should be filled
up and signed by the Tenderer or any person holding Power of Attorney authorizing
him to sign on behalf of the Tenderer before submission of the Tender. The date of
signature should invariably be indicated.
2.3) In the event of tender being submitted by other than a firm, it must be signed by a
partner (copy of partnership deed should be enclosed) and in the event of the
absence of any Partner, it shall be signed on his behalf by a person holding a Power
of Attorney authorising him to do so, Certified copies of which shall be enclosed.
2.4) Tender submitted on behalf of companies registered under the Indian Companies
Act, shall be signed by person duly authorised to submit the tender on behalf of the
company and shall be accompanied by certified true copies of the resolutions,
extracts of the Articles of Association, special or general Power of Attorney etc to
show clearly the title, authority and designation of persons signing the tender on
behalf of the company.
3.4) All tender offers shall be prepared by typing or printing in the formats enclosed with
this specification.
3.5) All information in the tender offer shall be in ENGLISH only. It shall not contain
interlineations, erasures or overwritings except as necessary to correct errors made by
the tenderer. Such erasures or other changes in the tender documents shall be
attested by the persons signing the tender offer.
3.0) TENDER OPENING :
The Tender offers except price Bid will be opened electronically at 14.30 Hrs. on the
date notified at the Office of the Superintending Engineer/Operation/MTPS – I / Mettur
Dam, through https://www.tntenders.gov.in/ nicgep/app. in the presence of tenderer’s
authorized representative who may wish to be present on the date of opening.
4.3) If the due date of the tender opening is declared as a holiday, the tender will
be opened on the next working day at 14.30 hrs.
5.2) The TNPGCL will examine the tender offers to determine whether they are complete,
whether any computational errors have been made, whether required sureties have
been furnished, whether the documents have been properly signed and whether the
offers are generally in order.
5.3) The Tender offers shall be deemed to be under consideration immediately after they
are opened and until such time official intimation of award / rejection is made by the
Tender Accepting Authority to the tenderers. The Tenderers shall not make attempts to
establish unsolicited and unauthorized contact with the Tender Inviting Authority,
Tender Accepting Authority or Tender Scrutiny Committee after the opening of the
tender and prior to the notification of the award and any attempt by any tenderers to
bring to bear extraneous pressures on the Tender Accepting Authority shall be
sufficient reason to disqualify the tenderer.
5.4) Mere submission of any Tender offer connected with these documents and
Specification shall not constitute any agreement. The tenderer shall have no cause of
action or claim, against the TNPGCL for rejection of his offer, except as mentioned in
clause 8.5 & 8.6. The TNPGCL shall always be at liberty to reject or accept any offer or
offers at its sole discretion and any such action will not be called into question and the
Tenderer shall have no claim in that regard against the TNPGCL.
7.0) PRICE :
(i) The bidder should quote as per scope of work at FIRM price in Indian Rupees
only as per schedule – A.
(ii) The prices quoted shall be firm and shall cover the entire transportation cost from
loading point to unloading point Km giving breakup thereof for basic price, other
levies and GST etc.
(iii) The rates quoted should be furnished both in figures and as well as in words.
(iv) Offers giving lumpsum price, without giving their breakup as per details required
in the attached Price Schedule-A shall be liable for rejection.
DELIVERY:
9.1) i) PLACE OF DELIVERY: MTPS-I / Fuel oil pump house.
HFO Loading point : M/s.BPCL, Peelamedu Terminal, Coimbatore.
HFO Unloading point : Fuel oil Pump House / MTPS-I / TNPGCL.
Contract shall be valid for One year w. e. f. from the date of first transportation of fuel
Oil or Date Decided by Mettur Thermal Power Station - I (MTPS I)/ TNPGCL,
Metturdam-6.
The Tank trucks offered for the transportation under this contract shall be
provided with GPS tracking system.
The Quantity of Furnace Oil to be transported will be based on the requirement
conditions of MTPS I and in the range of 500 to 750 MTs , to be delivered within 15
working days from the date of commencement of transportation. During the above
period the transporter is requested to continuously engage the Tank Trucks and the
empty TTs will be locked at MTPS I / TANGDCO for reloading at M/S.BPCL /
Peelamedu terminal.
However in case of emergency and immediate requirement, the transporter
shall transport and deliver bulk quantities in the range of 500 MT to 1000 MT of HFO
from M/s.BPCL by arranging more tank trucks continuously and to be delivered.
The transporter has to position required No. of TTs within 48 Hours of
requisition given by Operation and Efficiency Division/ MTPS – I/ TNPGCL in writing
through letter/mail/SMS
The requisitioned quantity are to be delivered within 15 working days from the
date of commencement of transportation/17 working days from the date of receipt of
Delivery schedule or extended Delivery schedule issued by the Engineer – in – charge
(EE/O&E/MTPS-I) in writing through E-mail / SMS.
At the end of completion of allotted Quantity, the TT will not be locked at
MTPS I / TNPGCL. The transporter shall have the responsibility of returning the locks
at the loading location i.e. M/S.BPCL, Peelamedu terminal, Coimbatore -641 103 with
acknowledgment. Any loss of lock shall be made good by the transporter.
9.2) TNPGCL reserves the right to cancel the quantities not supplied as per delivery schedule.
9.3) TNPGCL also reserves the right to cancel the order if the delivery
schedule is not kept up, without any further notice to the supplier.
9.4) To ensure sustained supply without any interruption, TNPGCL reserves the right to place
orders among more than one tenderer.
9.5) The TNPGCL will be at liberty to cancel the order if the supply is not made as per the
delivery schedule specified in the order, notwithstanding its right to claim liquidated
damages for the belated supplies and the quantity outstanding to be supplied as on
the date of cancellation. The defaulting contractors will be liable to pay to the TNPGCL
in addition to the liquidated damages for delay, the actual difference in price whenever
the TNPGCL orders the delayed quantity to be supplied / executed by other agencies
at higher rate.
9.6) The delivery period will not normally be extended. Hence all efforts shall be taken to
deliver the materials within the delivery period.
10.0) PAYMENT:
1. At the end of each consignment you have to submit your bill and statement in
triplicate detailing your claim for the services rendered during the preceding month to the
Executive Engineer/Operation & Efficiency / MTPS I for arranging payment. Deduction
from the bill towards Income tax along with surcharge will be made.
2. 100% payment of the all inclusive price (including GST) of each completed works /
services shall be released within a time frame of 90 days from the date of satisfactory
completion of works / services and submission of bills with required documents after
deducting recoveries including LD penalty, if any.
3. In the event of TNPGCL failing to up keep the stipulated time frame for releasing
payment to SSI units and non-SSI units against satisfactory completion of works /
services , the simple interest will be paid for the delayed period at SBI three months
MCLR.
4. It is sole responsibility of the Transporter to check the Invoice quantity
at the loading end and in case of any shortage quantity of oil noticed at the
receiving end, the difference in amount of oil will be recovered from the
Transporter.
11.0) SECURITY DEPOSIT:
1) When a tender is to be accepted, the tenderer whose tender is under
consideration shall attend the office on a date fixed by written intimation to him. He
shall forthwith upon intimation being given to him of acceptance of his tender by the
TNPGCL. Must furnish security deposit for an amount equal to 5% of the contract
value (including the EMD already paid).
The time limit to collect security deposit is fixed as upto 30 days. In the
event of failure to remit Security deposit within the precribed period, EMD
shall be forfeited and order be cancelled.
2) This Security Deposit together with the Earnest Money shall be retained as Security
for the due fulfillment of the contract. Earnest Money Deposit and Security Deposit
will not bear any interest.
3) The Security Deposit / EMD are refundable only after the satisfactory completion
of the work in all respects.
4) The S.D will be refunded to the tenderer after the expiry of the guarantee period
ensuring that defects/ damages during the guarantee period are rectified /replaced.
If the purchaser incurs any loss or damages on account of breach of any of the
clauses or any other amount arising out of the contract becomes payable by the
tenderer to the purchaser, then the purchaser will in addition to such other dues that
he shall have under law, appropriate the whole or part of the security deposit and
such amount that is appropriated will not be refunded to the supplier.
Transit insurance of transporting product alone will be borne by TNPGCL. However, the
records / evidences for the insurance claim if arises, by TNPGCL, have to be produced by
the transporter for amicable settlement of the claim.
Insurance of the transporting vehicle (TTS), vehicle crew (Driver of the vehicle & Helper
of the vehicle), any third party shall solely be the responsibility of the tenderer. TNPGCL
is in no way connected with the loss / damage to the transporting vehicle on contractual
service, vehicle crew, third party or third party’s objects. The tenderer should also
indemnify MTPS-I / TNPGCL against any such loss / damage during the period of
contract. Further, it is the tenderer’s liability to keep such insurance live during the period
of contract for the vehicles to be utilized for this work and the tenderers shall submit to
the Engineer – in – charge (EE/O&E/MTPS-I) and M/s.BPCL for verification wherever
called upon.
The transporter shall transport the HFO from M/s. BPCL, Peelamedu Terminal,
Coimbatore as per the schedule or extended schedule issued by the Engineer – in –
charge (EE/O&E/MTPS-I) in writing through E-mail / SMS. Liquidated damages for
delay in transportation of the HFO shall be half percent (0.5 percent) of the contract
value for each completed week of delay. The total Liquidated Damages so levied shall
not exceed Ten percent (10 percent) of the contract value. Liquidated damages will
also be recovered for the transportation work not carried out as is done for the delay
in completion of work.
14.0) TENDER AND AGREEMENT :
14.1. The successful tenderer subject to compliance of all or any other requirement shall be
entrusted with transportation work only after signing of Agreement format enclosed
and payment of Security Deposit amount and the stamp duty payable to this agreement
shall be borne by the successful tenderer. Specimen agreement format is enclosed along
with tender documents. Tenderers are advised to carefully scrutinize the same before
submitting their tender.
14.2.The written agreement to be entered into between the contractor and TNPGCL on
non-judicial stamp paper of Rs. 100.00 in the standard form the (cost of stamp paper
being borne by the successful tenderer) shall be the foundation regarding the rights of
both the parties and the contract shall not be deemed to be completed until the
agreement has first been signed by the contractor and then by the proper officer
authorized to enter into contract on behalf of the TNPGCL. Failure to enter into the
required agreement within the prescribed time limit shall be entitled for forfeiture of the
EMD paid by him.
14.3. Failure to execute the agreement and/ or furnish required Security Deposit within 30
days time may render the tenderer liable for forfeiture of Earnest Money Deposit and
termination of contract without prejudice to the rights of the MTPS I / TNPGCL to recover
the damages under Law.
14.4. The security Deposit is refundable after satisfactory completion of contract, failure to
enter into the required agreement or to make the security deposit as defined shall entail
forfeiture of the earnest money deposited by him.
14.5. Upon complete fulfillment of the contract by the contractor to the full satisfaction of the
department or any officer duly authorized by them, the SD collected shall be returned to
him after the final bill is paid less the amount due by the contractor, if any as per the
tender conditions.
2 . The quantity of furnace oil (HFO) to be transported will be based on the requirement conditions
of MTPS-I and normally in the range of 200MT to 500MT per month. However in case of
emergency and immediate requirement, the transporter shall transport and deliver bulk quantities
in the range of 500 MT to 1000 MT of HFO from M/s.BPCL by arranging more tank trucks
continuously and delivers the requisitioned quantity within the delivery schedule issued by MTPS-I
otherwise LD as per clause 13 will be levied.
3. All transporters should have a certificate of registration in line with Carriage by Road Rules,
2011, released by Ministry of Road Transport and Highways vide Gazette Notification of India dt
28.02.2011.
5.Tenderer shall give consent to provide TT for loading having locking system as advised by
M/S.BPCL / MTPS I / TNPGCL.
6.The parties will be selected on the basis of information submitted by them in tender document.
Please note that in case it is found that the information submitted in the tender document is not
correct, suitable action as deemed fit including forfeiture of EMD shall be taken, hence,
tenderers are advised to submit correct information in the tender document.
7.The bidder shall quote minimum rate. Rates offered would be valid and binding on the tenderer
for 90 days from the date of opening of tender unless extended by mutual consent in writing.
During the validity period, tenderer shall not be allowed either to withdraw or revise his offer.
Breach of this provision shall entail forfeiture of the Earnest Money Deposit. Once the tender is
accepted and work awarded, the rates shall be valid for the entire contractual period.
MTPS I / TNPGCL reserve the right, at their sole discretion, and without assigning any
reason whatsoever, to:
a) Negotiate with any or all tenderers,
b) Divide the work among contractor(s),
c) Reject any or all tenders either in full or in part,
8.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 MTPS I / TNPGCL in this respect shall be final
and binding.
9.Tank trucks which have been duly approved by t h e Executive Engineer/ Operation& Efficiency
/ MTPS I / TNPGCL/Metturdam-6 will be utilized on the basis of authorization by the
transporter/their authorized representative. Copy of such approval of transporter/ transporter
representative by Executive Engineer/ Operation & Efficiency / MTPS I / TNPGCL/ Metturdam 6
shall be available at location for reference and assessing authenticity. Loaded TTs will be
dispatched under lock/seal as per requirement.
10.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.
11.Tenderer may witness the opening of tender on the appointed date and time by sending
authorized representative.
12.The tenderers shall, while quoting the Rate/MT for transportation, take into consideration the
provisions of the Carriage by Road Rule, 2011 and rules thereto and the hazardous nature of
the POL products and the liability to pay the loss for non delivery/damage to the product at higher
risk rate.
13. Emergency Information Panel of Tank Truck should be mentioned with relevant information
about fuel oil (ie The product name (HFO) should be written on the Tank Truck and the individual
compartment capacity should be mentioned clearly. Earthing terminal in the Tank Truck should be
provided.
B.MISCELLANEOUS:
1. MTPS I / TNPGCL reserve the right to reject the tender of any or all the tenderers without
assigning any reason whatsoever at its absolute discretion. MTPS I / TNPGCL reserves the rights
to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.
2. The Tank Trucks offered for loading should comply at all times with valid permits, rules and
regulations of Statutory/ Government authorities.
3. Wherever the word T/T or Tank Truck or TTs has been mentioned, the same applies to
Petroleum Product Tank Trucks.
4. No unsolicited correspondence/ queries shall be entertained while the award of the
transport contract is under review/ consideration. MTPS I / TNPGCL regret their inability to
answer individual queries.
5. If any of the information submitted by the tenderer is found to be incorrect at any time
including the contract period, MTPS I / TNPGCL reserves the right to reject the tender/ terminate
the transportation contract without prejudice and any or all rights and remedies available. The
Security Deposit (SD) will be forfeited.
6. 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, for
having fully read and understood the terms and conditions of this tender and submitted as per
clause 6.3 of the tender specification.
7. Tenderers shall be required to provide the following on the tank trucks at their risk & cost:
Security locking system and any modification in security locking system as and when required as
specified by M/S.BPCL/ MTPS I / TNPGCL. Tenderer shall be required to provide suitable fittings
in tank truck for providing Security Locks as per the design/ modifications specified by M/S.BPCL /
MTPS I / TNPGCL.
8. All the TTs (where ever applicable) must have a calibration certificate certified by W&M.
Tenderers shall be required to calibrate the TT at M/S.BPCL / An y P ubl i c S e ct or O il
C o mp an i es premises or at the place directed by W&M. Cost of calibration shall be borne by the
tenderer.
9. The term “MTPS”, “MTPS I”, “MTPS I/ TNPGCL”,”TNPGCL” and “Mettur Thermal Power
Station I” in the appropriate context means “ Mettur Thermal Power Station Stage I / TNPGCL,
Metturdam -6 ” and having its head office at N.P.K.R.R. Maaligai, 144, Anna Salai, Chennai- 600
002 and its successors and assigns.
Place:
Date:
Signature:
Name of Person signing:
Tenderer's Name and address with seal: (Space for Photograph)
1) The latest GST registration details, applicable & SAC code No. etc., attested by a
Gazetted Officer / Chartered Accountant / Notary Public valid for the current year
shall be enclosed along with the quotation.
2) Appropriate rate of GST shall be admitted in lieu of (all taxes and levies replaced by
GST) Excise Duty, CST and TNVAT Service Tax etc as per provisions of the rules.
3) Any increase due to statutory variation will be admitted only when the supplies are
made within the delivery schedule.
4) In case of delayed delivery, the GST prevailing on the date of despatch or the GST on
the last day of the contractual delivery period whichever is LESS will alone be admitted.
For both the cases, the Supplier shall furnish documentary evidence while submitting
the bills for payment.
5) IMPACT OF GST: Any downward variation in basic price while reworking due to
GST and the benefit of input tax credit must be passed on to TNPGCL.
18.0) VALIDITY :
18.1) The tender offer shall be kept valid for acceptance for period of 90 days from the
date of opening of offers. The offers with lower validity period are liable for
rejection.
18.2) Further, the tenderer shall agree to extend the validity of the Bids without altering
the substance and prices of their Bid for further periods, if any, required by the
TNPGCL.
19.0) EVALUATION:
The evaluation shall include GST applicable as a part of the price, as detailed below
In a tender where the tenderers are both from the State of Tamilnadu as well as from outside
the State of Tamilnadu, the evaluation will be done based on the GST.
c) To recover the difference in cost of the item, between the price offered by the failed
tenderer and the Prospective new tenderer becoming lowest bidder in a fresh P.O
issued for the same item subsequently.
24.0) RIGHTS OF THE BOARD:
24.1) Not withstanding anything contained in this Specification, the TNPGCL reserves the
rights :
a) To vary the quantity finally ordered to the extent of 25% indicated in the Tender
document.
b) To split the Tendered Quantity and place orders on one or more than one firm as per
the Tamil Nadu Transparency in Tender Rules 2000 & its amendments since the
tendered material is so vital in nature and the failure in supply would affect the public
interest.
c) To recover losses , if any, sustained by TNPGCL, from the supplier who pleads his
inability to supply and backs out of his obligation after award of contract. The security
deposit paid shall, be forfeited.
d) To cancel the orders for not keeping up the delivery schedule.
e) To vary the delivery period based on the requirement and contingencies at the
time of placing the Rate contract.
f) To accept the lowest eligible tender.
g) To reject any or all the tenders or cancel without assigning any reasons therefor.
h) To relax or waive or amend any of the conditions stipulated in the tender
Specification wherever deemed necessary in the best interest of the TNPGCL.
24.2) The purchaser reserves the right to request for any additional information and also
reserves the right to reject or accept the proposal of any tenderer, if in the opinion of the
purchaser, the qualification data is incomplete or in the opinion of the TNPGCL the bidder is
found not qualified to satisfactorily perform the contract.
25.0) RESPONSIBILITY:
The Tenderer is responsible for delivery of the materials at the destination station in
good condition. The tenderer shall include and provide for securely protecting and packing the
materials as per relevant packing standards to avoid damages or loss in transit. All risks
connected with the supply of these materials should be borne by the Tenderer.
27.0) NON-ASSIGNMENT:
The supplier shall not assign or transfer the contract or any part thereof without the
prior approval of the Purchaser.
31.0) APPEAL :
Any tenderer aggrieved by the order of Tender Accepting Authority (Competent
Authority), may prefer an appeal to the Govt. within 10 days from the date of receipt of order.
32.0) GENERAL: All rules and provisions as per GST Act is applicable.
33.0) CAUTION:
1. Specific concurrence or otherwise to all the terms noted herein should be furnished in the
tender. Failure to do so will be taken as concurrence to the terms.
2. In the event of the documents furnished with the offer being found to be bogus or the
documents contain false particulars, the EMD paid by the tenderers will be forfeited or
1% of the P.O. value will be levied as penalty in addition to blacklisting them for future
tenders / contracts in Tamilnadu Electricity Board.
3. The Guidelines issued in Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu
Transparency in Tender Rules 2000 and its amendments will be followed.
Sd/---
Superintending Engineer /Operation
MTPS – I / Mettur Dam-06
Attachment – 1
(On Non-Judicial Stamp Paper for a value of Rs.100 /-)
UNDERTAKING BY THE TENDERER
We declare as under:
Place:
Date: Signature :
Name of Person signing :
Tenderer's Name and address with seal:
Attachment - 2
(On Non-Judicial Stamp Paper for a value of Rs.100 /-)
GENERAL IRREVOCABLE POWER OF ATTORNEY
(i) To sign, seal, execute, perfect and/or complete the tender document of transportation of bulk
petroleum products – Furnace Oil and also other relevant documents required by
Mettur Thermal Power Station I / TNPGCL / Metturdam-6 (hereinafter called TNPGCL) in respect
thereof.
ii) To negotiate, enter into correspondence with M T P S I / TNPGCL and do all and everything
necessary suitable or proper with regard to the said tender for transportation of bulk petroleum
products- Furnace Oil.
iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all
and/or any other document, Indemnity Bond etc. Required by M T P S I / TNPGCL in
connection with the said Transport Contract Agreement.
iv) To do all acts, deeds, as may be necessary for and incidental to the execution of proper
performance of the said transport contract agreement with Mettur Thermal Power Station I /
TNPGCL.
We the said partner(s) do hereby agree to allow verify and confirm all and whatsoever the said
Shri. , and Shri shall or may do or cause to be done
in or about the said tender and the Transport Contract Agreement, the execution and proper
performance thereof by virtue of these presents.
This Power of Attorney shall remain irrevocable till the validity period of our quotation/ Transport
Contract Agreement/ or refund of our Security Deposit whichever is later.
Signatures
Signed, sealed and Delivered by 1.Shri.
the within named partners 2.Shri.
Directors of M/s. 3.Shri.
Before me.
Notary public
(Notary’s stamp)
Attachment-3
(On Non-Judicial Stamp Paper for a value of Rs.100 /-)
a) Conform to the statutory regulations like Indian Petroleum Act, Petroleum Rules, Motor Vehicle
Act etc. as applicable from time to time.
b) Properly calibrated / stamped under the Weights & Measures Act. These shall be calibrated for
single capacity up to maximum permitted under Motor Vehicles Act. TNPGCL would be entitled
for insisting for calibration at M/S.BPCL / An y P ubl i c S e ct or Oi l Co mp a ni es premises at
the cost of Carrier.
c) Be equipped with sufficient number of rubber hoses having suitable couplings at both ends,
bonding/earthing with heavy-duty crocodile clips and dip-rods duly certified by Weights &
Measures Department.
d) The officials of MTPS I/ TNPGCL would be entitled to inspect at any time, the Tank Trucks
and / or the documents of the Carrier / its crew is liable to carry under any statute / regulation
or this Agreement. Further, Carrier shall submit to MTPS I/ TNPGCL certified true copies of
calibration certificate for every Tank Truck.
e)The Carrier shall ensure that they have completed the requirements under the Carriage by Road
Rule, 2011 and the Rules thereto.
All transporters to be eligible to quote in tender should have a certificate of registration in line
with Carriage by Road Rule, 2011, released by Ministry of Road Transport and Highways vide
Gazette Notification of India dt 28.02.2011.
4(a) The Tank Truck(s) shall be made available to MTPS I/ TNPGCL as and when required during
the agreement period within 48 Hours of requisition given by Operation and Efficiency Division/
MTPS – I/ TNPGCL in writing through letter/mail/SMS.
(b) In case any of the Tank Trucks is not made available by the Carrier on any day, TNPGCL
would be free to use the services of any other carrier/contractor and recover the difference in
transportation charges from the Carrier.
(c) In the event of breakdown or major repair of any of the Tank Truck, TNPGCL at its sole
discretion, may accept any other fit Tank Truck of the Carrier for the period of break-down /
major repair. Further, in the event Carrier request for the replacement of Tank Truck/s, TNPGCL
at its sole discretion may accept the same.
5(a) Carrier shall be responsible for all taxes, transit, levies and other costs of running the
trucks / transportation business, which shall also include-
i) Salary, wages and other benefits and claims of Crew of Tank Trucks and all members of
Carrier's staff. Transporter shall make all possible endeavors to make the payment of wages
by crediting the bank account of the person employed after obtaining the provisions of
Payment of Wages Act, 1936.
ii) Payment of road tax, insurance and any other fees like permit, route fee etc., levied by
statutory authorities of the base State.
iii) Cost of fuel, lubricants, tyres, repair etc;
iv) Calibration fees and other fee payable to Weights & Measures Department;
v) Compensation or any other benefit payable to Tank Truck Crew and it’s other
staff or third party under any statute or regulation both under regular
working and arising from accident including damage caused to the person or
property of TNPGCL.
5(b) Carrier shall indemnify and keep TNPGCL indemnified against any loss/damage which TNPGCL
may suffer as a result of non compliance of above requirements. In case, TNPGCL is made liable
to pay any part of cost,the same shall be recovered from the Carrier, any payment due within
this contract or otherwise. TNPGCL shall not be obliged to contest any claim made upon it for
payment.
5(c) It is agreed that the Tank Trucks made available for loading under this Agreement shall
operate at the sole risk of the Carrier. In no case, TNPGCL would be held responsible for any loss
or damage done to / by the Tank Truck while on the TNPGCL's work or parked in their premises
or anywhere else.
5(d)Carrier shall make their own arrangement for parking of their vehicle overnight and / or during
holidays.
5(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 MTPS I /
TNPGCL shall not be responsible for his omission or commission.
6(a)The transport charges payable under this Agreement are based on Quantity in MTs transported
from M/S.BPCL, Peelamedu terminal, Coimbatore to MTPS I, TNPGCL, Metturdam – 6 after
deduction of income tax and surcharge.
(b) At the end of each month you have to submit your bill and statement in triplicate detailing your
claim for the services rendered during the preceding month to MTPS I/ TNPGCL for arranging
payment within a reasonable time. Deduction from the bill towards Income tax along with
surcharge will be made.
(c) TNPGCL has not guaranteed any minimum billings / mileage or loads for any period
whatsoever. Hence, TNPGCL shall not be responsible for their inability in offering any load on
any day or during any particular period and no idle charges etc. would be payable.
(d) MTPS I/ TNPGCL shall endeavor to arrange unloading of the Tank Trucks within reasonable
time. However, no detention charges etc. are payable if, for any reason, such unloading is
delayed at the receiving location.
7(a) The Security Deposit for this work has to be submitted in the form of DD/Bankers Pay order.
(b)TNPGCL shall be entitled to adjust any sum due to it from the Security Deposit amount and /
or any transport / other charges / dues pending for payment to the Carrier against any other
contract. The decision of the TNPGCL shall be final and binding on the Carrier. In case of contract
termination/blacklisting, security deposit will be forfeited.
8(a)The Carriers shall be responsible for loading and discharging of the Tank Trucks. All the
instructions TNPGCL with regard to the same shall be binding on the Carrier.
(b)Only the Crew of the Tank Truck and authorized representative of the Carrier shall be
allowed entry inside M/S.BPCL / MTPS I / TNPGCL’s loading / unloading locations.
9(a) The Carrier shall be responsible for quantity and quality of the products received by him for
transportation. It shall be responsibility of the Carrier to check the quantity and quality of the
products received by him at the Dispatch Storage Point/ M/S.BPCL, Peelamedu terminal,
Coimbatore before acknowledgement of the products. Acknowledgement by any member of
Crew of the Tank Truck or by any other authorized person of the Carrier by way of signing on
the Challan or any other Dispatch Document shall be sufficient proof of acceptance of product
quantity and quality by the Carrier. The Carrier shall be responsible for the products till the
products are acknowledged at the Receiving location.
(b) The Carrier shall comply with and give full cooperation to TNPGCL in meeting the
E m e r g e n c y r e q u i r e m e n t of Furnace Oil to MTPS Stage I, TNPGCL.
(c) If any shortage in quantity and / or variation in quality of product is found at any stage after
Tank Truck leaves the Dispatch Storage Point i , e M / S . B P C L , Peelamedu t e r m i n a l ,
C o i m b a t o r e up to MTPS I/ TNPGCL, the Carrier shall be responsible for the same irrespective
of reason and TNPGCL would be entitled to following –
ii) Without prejudice to any other right of TNPGCL including the right for termination of
agreement in case of variation in quality, TNPGCL at its' discretion may dispose of the
contaminated product and all expenses / losses and cost of product in this connection as
determined by TNPGCL shall be recoverable from Carrier.
11.While performing the trip for, MTPS I / TNPGCL under the terms of this Agreement the Carrier
shall take all necessary steps and exercise due diligence to prevent any accident to the Tank
Truck and products. However, in case of accident taking place during transportation the Carrier
shall:
(a) Arrange conveying of information to dispatch storage points as also nearest police
station.
(b) Guard the Tank Truck and product till arrival of rescue agencies.
(c) Arrange another fit TT to salvage the product from Accident Tank Truck.
(d) Bring such transshipped / salvaged product to Dispatch Storage Point or other
location as directed by, TNPGCL at Carrier's cost.
(e) Be responsible and liable for loss / claims as determined by the Company.
12(a) The Carrier shall be liable for any loss or damage to M/S.BPCL/ TNPGCL’s employees, the
Carrier employees or to any third party resulting from fire, leakage, negligence, explosion,
accident or any other cause in operating the said Tank truck(s) at the time of loading, unloading
and/or during transit and the Carrier shall indemnify and keep indemnified the TNPGCL against
any such loss or damage and shall pay to the TNPGCL such amount as, TNPGCL may be called
upon by law to pay.
The Carrier shall remain at all times, liable and responsible to the M/S.BPCL/ TNPGCL for any
loss or damage caused to any building, plant or machinery or the property of M/S.BPCL/
TNPGCL by any carelessness, negligence, inexperience or willful default of the Carrier or his/their
Agent/s or by the respective employee of any of which, MTPS I / TNPGCL a l o n e shall be the
sole Judge. MTPS I / TNPGCL shall be at liberty to debit any cost of repair or loss or damage to
the account of Carrier.”
(b) The Carrier shall make good to, MTPS I / TNPGCL any loss arising from the confiscation
by Government or local authorities of any quantities of the said product delivered to the
Carrier for transportation.
(c) The Carrier shall make good to M/S.BPCL/ MTPS I / TNPGCL any loss arising from the
loading / unloading or in transit for reasons other than the natural calamities and acts of God
such as earthquake, cyclone, floods and lightening. The liability of proving that any loss or
damage was caused by any accident or fire from the acts of God or natural calamities is solely
upon the Carrier.
(d) The Carrier shall strictly adhere to O i l Industry Transport Discipline Guidelines as
enumerated as Annexure – A in this specific ation and to any amendment issued from time
to time.
13. The Carrier shall not be entitled to change the ownership of / their right on the
transporter/logistic company or assign, subrogate, sublet or part with it's right, title and interest
under this Agreement for any reason whatsoever.
The Carrier shall not cause or allow any change in the constitution of its firm without
obtaining the previous written consent of MTPS I / TNPGCL.
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 to the other Party 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 as such calamities,
which have resulted in the non- performance cease to occur.
15.This Agreement shall be valid for period of one year and shall be extended for another three
months at the sole discretion of MTPS I / TNPGCL w.e.f. date of execution of agreement.
However, MTPS I / TNPGCL reserves the right to terminate this Agreement by giving One
month advance notice without being liable to give any reason or pay any compensation.
16. “Notwithstanding anything to the contrary herein contained, MTPS I / TNPGCL shall be at
liberty to terminate this Agreement forthwith upon or at any time after the happening of any of
the following events:
(a) The Carrier commits a breach of any of the terms and conditions for this
Agreement;
(b) Upon
(i) The death or adjudication as insolvent of the Carrier if Carrier be an individual or sole
proprietor. The death or retirement of a partner or dissolution of partnership of
Carrier firm or adjudication as insolvent of any partner of the firm if the Carrier be a
partnership firm.
(ii) The liquidation, whether voluntarily or otherwise or the passing of an effective
resolution for winding up if the Carrier be a company or co-operative society.
(c) If any attachment is levied and continued to be levied for a period of seven days upon the
effects of Carrier or any individual partner for the time being of the Carrier’s firm or company
or co-operative society.
(d) The road permit or any other licenses issued by the Transport authorities or any
statutory authorities to the Carrier for any tank truck is cancelled or revoked.
(e) In the event the Carrier or his employees and agents violate any safety rules within or
outside, MTPS I / TNPGCL's premises, which violation may, could or cause any accident or
which could or does endanger the safety of life and property.
(f) In the event the Carrier or his employees and agents are found indulging in alpractice,
irregularities, forgery of documents e.g.,RC, Company invoice/challan/loading advice etc. and
product of TNPGCL.
(g) If the Carrier shall for any reason make default in payment to the TNPGCL in full or his
outstanding as appearing in the TNPGCL’s books of Account beyond four days of demand
by TNPGCL.
(h) If the Carrier does not adhere to the instructions issued from time to time by TNPGCL in
connection with the said practices to be followed by him in transportation of product and
goods entrusted for transportation.
(i) If any information given by the Carrier at the time of submission of the tender is
found to be untrue or incorrect
(j) Any violation of the Transport Discipline Guidelines/Marketing Discipline Guidelines in
addition to imposing the fine.
(k) If the Carrier shall either by himself or by his servants or agents commit or suffer to
be committed any act which, in the opinion of TNPGCL where the Carrier has signed
the agreement which is prejudicial to the interest and good name of TNPGCL or its
product.
TNPGCL’s right to terminate this Agreement under the terms of this clause shall be without
prejudice to any of its other rights and remedies against the Carrier. In the event of
TNPGCL terminating this agreement under the provision of this clause, it shall not be liable to
pay for any loss or compensation in respect of such termination. Security deposit will be
forfeited.
17. It shall be incumbent on the part of the Carrier to ensure that all the requirements as laid
down by the Central Motor Vehicles Act & Rules 1989 as amended from time to time are
complied with. The Carrier agree/s to abide by the Payment of Wages Act and other labour
regulations in force in the area where he/they is/are plying the Tank trucks.
18.That the compliance of all Government Rules and Regulations regarding employment and
working conditions of personnel, including various statutory facilities shall be provided by the
Carrier. The Carrier shall be responsible for any fines for non-compliance of any such rules. The
Carrier shall comply with all statutory provisions relating to his trade/business/profession
including his own employees or employee engaged by the Carrier and TNPGCL shall not be
responsible for his omission or commission. The Carrier/s shall maintain all record as
required under the Factories Act, Payment of Wages Act, and Workman’s Compensation Act,
Employee’s State Insurance Act and Employee’s Provident Fund Act or any other act in force
at that time. The records will be open for inspection by TNPGCL’s representatives as and when
required.
19.(a) The Carrier shall have a comprehensive insurance policy at his own cost from an established
insurance company for each Tank Truck and keep such policy in force at all times to cover
all risks of whatever nature inclusive of any damage caused by the tank truck/s to MTPS I /
TNPGCL’s property. The Carrier shall produce for the perusal of MTPS I / TNPGCL the original
insurance policy and proof payment of all insurance premiums and charges in respect thereof as
and when demanded by MTPS I / TNPGCL.
(b)The Carrier shall also take a policy and keep the policy valid during the period of the contract
under the “Public Liability Insurance Act 1991” at his own cost if it is applicable to him.
(c)The Carrier shall also take adequate insurance policy as laid down in “The Carriage by Road
Rule, 2011” at his own cost.
20.MTPS I / TNPGCL shall be at liberty to suspend the Tank truck/s which are suspected to be
indulging in any sort of malpractices or any other acts not conducive to the interest of MTPS I /
TNPGCL such as misbehavior, dishonesty, disobedience pilferage etc.
21.The Carrier will be liable for any loss, any injury to M/S.BPCL/ MTPS I / TNPGCL’s employees
due to careless, negligent, inexperienced act or default of the Carrier, his/their
agents/representatives/employees in carrying out the job under this contract.
22.If at any time during the currency of this agreement, the Carrier fails to perform the
obligations specified in this agreement, MTPS I / TNPGCL shall be at liberty and without
prejudice to its other rights and remedies obtain services from other carriers/contractors to
perform the obligations under the agreement and the Carrier undertakes to reimburse MTPS I /
TNPGCL all the additional expenses incurred by the Company in this connection.
23.Any sum of money due and payable to the Carrier (including the security deposit returnable to
him) under this agreement or any other agreement with MTPS I / TNPGCL may be appropriated
by MTPS I / TNPGCL against any claim of MTPS I / TNPGCL arising under this Agreement against
the Carrier.
24.The Carrier shall not have any lien or any claim over the Product entrusted for transport for
outstanding transport bills or any other claim against MTPS I / TNPGCL.
25. This Agreement includes the Tender terms & conditions, 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.
26. (a) All questions, disputes and differences arising under or in relation to this Agreement shall
be referred to the sole arbitration of the Chief Engineer / MTPS I / TNPGCL. It is also the term
of this Agreement that no person other than the Chief Engineer/ MTPS I / TNPGCL o r the
person designated by the Chief Engineer/ MTPS I / TNPGCL s h a l l act as arbitrator. The award
of the Arbitrator so appointed shall be final, conclusive and binding on all the parties to the
Agreement and provisions of the Arbitration & Conciliation Act 1996 or any statutory
modification or re-enactment thereof and the Rules made there under and for the time being in
force shall apply to the arbitration proceedings under this clause. The venue of the arbitration
shall be MTPS I / TNPGCL.
(b) The Parties hereby agree that the courts in the city of METTURDAM alone shall have
jurisdiction to entertain any suit, application or any award/s made by the Sole Arbitrator or
other proceedings in respect of any claim/dispute arising under this Agreement.
27.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.
To,
The superintending Engineer/ Operation,
Mettur Thermal Power Station - I, TNPGCL, Metturdam -600120.
To,
Name of the Carrier,
Address,
Witness:
1.
2.
ATTACHMENT - 4
WHEREAS the contract is for the supply of………………………of terms of the Rate
Contract Order No…………………Dated:………………
AND WHEREAS in accordance with Clause………………………of the above said P.O. certain
terms were stipulated for the above supply.
AND WHEREAS in accordance with Clause........ of the above mentioned Rate Contract
Order the contractor has to furnish an undertaking that no suit or any proceedings in regard
to any matter arising in any respect under this contract shall be instituted in any court other
than in the High Court, Chennai City Civil Court of Chennai or other Court of small causes at
Chennai, as the case may be.
INWITNESSWHEREOF of Thiru..................................................................................
of M/s. .............................................................................. hereby put his hand and seal for
due observance of the Undertaking in the presence of the following witnesses.
Company Seal :
In the presence of witnesses Signature :
1. Name :
Designation :
2. Company :
Date :
ATTACHMENT – 5
IF GOODS AND SERVICE TAX NOT APPLICABLE FURNISH THE FOLLOWING CERTIFICATE
I / We …………………………………………… (Name) . . . . . . . . . . .. . . . . . . . . .
........................................... .................
(Address) have not attained the turnover limit (Rs.20 Lakhs) during previous year for getting
Registration with Tax Department.
I / We have not quoted Goods and service tax as my / our turnover limit is
within the threshold exemption limit (Now Rs.20 lakhs) during financial year.
UNDERTAKING
I/We _______________________________(Name)_________________
__________________________________________(Address) do hereby undertake the GST
commitment on account of crossing threshold exemption Limit will be discharged to service
tax Authorities concerned by me / us and TNPGCL need not pay GST commitment if any
arise on account of crossing the limit after awarding the contract. I/We also undertake that
TNPGCL will not be responsible for any GST evasion by me/us in respect of this transaction.
1.1 Objective
To evolve uniform Oil Industry Transport Discipline Guidelines (ITDG) for transportation
of bulk petroleum products by Tank Truck/ Tank Lorry (TT) for delivery of products to Retail
Outlets and Direct Customers
1.2 Purpose
The purpose of Industry Transport Discipline Guidelines is to ensure that:
1.2.1 Petroleum products are filled in TT in accordance with Industry Quality Control
Manuals.
1.2.2 Petroleum products are transported and delivered to dealers/direct customers and receiving
locations in good condition conforming to the specifications.
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 is 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 M/S.BPCL, Peelamedu terminal 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.
2.TRANSPORTATION
2.5.5 Before embarking for the delivery it will be carrier’s or his representative’s responsibility to
ensure that TT crew has :
a. Correct Challan/ Invoice.
b. Correct TREM CARD and standing instructions.
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 (M/S.BPCL)/MTPS-I (TNPGCL).
1. 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.
o
3.1.2 a.Sales document: Dispatch density of the product at 15 C Celsius shall be indicated on
sales document.
o
b. Stock transfer document: Dispatch temperature & density of the product at 15 C shall be
indicated on stock transfer documents.
2. PRODUCT RECEIPT
The procedure outlined hereunder is applicable for the receipts of product at the supply locations,
dealers and direct customers. Responsibility towards handling of product shall be in accordance
with the Marketing Discipline Guidelines in force and Industry Quality Control Manual in force.
4.1 Actions to be taken on arrival of the TT
4.1.1Recording of timings
Arrival & departure time of the TT shall be recorded in the delivery document.
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 7.
4.1.2.2 Dip rod and Calibration checking
The dip rod should match the calibration chart provided by Weights & Measures for markings
at the dip level, proof level and the total length.
4.1.3 Density checking
On arrival of TT, MTPS I (TNPGCL) shall check the density @15oC 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.
4.1.4 Retained Tank Lorry samples
If density check is found to be within +/- 3 kg/cum, dealer/dealer’s representative shall draw
2x1 liter of Furnace Oil bottom samples (composite samples from all the compartments
proportionate to the quantity of the product received in each compartment after removing
approximately 20 liters of product from each compartment). Before drawing samples, the empty
aluminum sample containers should be rinsed with the 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 Furnace Oil)
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.
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.
However, if the complicity of the carrier is detected in case of adulteration of the first
incident, then 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.
a. Disposal of the contaminated product shall be done as directed by
M/S.BPCL /MTPS I(TNPGCL).
b. Cost of product as determined by M/S.BPCL /MTPS I(TNPGCL) shall be
recovered from the carrier.
c. Incidental expenses and any other expenses sustained by the concerned M/S.BPCL
/MTPS I(TNPGCL) for disposal of the contaminated product shall also be
recovered from the transporter.
d. Transportation charges, other levies shall not be paid for the futile trip to the dealer/ direct
customer or receiving location as well as for the subsequent trip for delivering the
adulterated/ contaminated product to the concerned Oil Company’s nominated location for
disposal of the product.
(b) All the security and safety arrangements viz. Locking system / Dome cover for tank trucks /
Locking arrangement of Dome cover / Shut off valve box (3 and 4 compartments) / Locking rods
etc. should be followed as per the M/S.BPCL / Public Sector Oil Companies latest design and
specifications. Any amendment issued by M/S.BPCL / Public Sector Oil Companies in this regard has
to be implemented immediately and hold good for the Tank Trucks engaged for Road
transportation of Fuel oil (HFO) from M/S.BPCL/ Peelamedu to MTPS-I, TNPGCL, Metturdam-6.
Annexure – B
SAMPLE TAG
Name of Dealer/Direct
Location
Customer
(ii) Proper welding machines with accessories, good and sound construction
of hand tools, power tools such as grinding machines, cutting machines,
chipping tools, scaffolding materials, etc., should be used. Proper
earthing to be provided wherever necessary.
(iii) The contractor shall not allow his workmen to wear loose garments,
like lingoes, dhotis, watches, loose jewels and bangles, etc., while at work
and smoke cigarettes, beedies etc., inside the power house premises.
(iv) The contractor shall ensure that his workmen to wear tight full or half
pant while at work inside the powerhouse premises.
(v) Technically skilled and also safety-oriented supervisor should supervise the
work at all time.
(vii) For any safety violation and non-compliance of the statutory provisions
and rules the contractor is sole responsible and the contractor is liable
for any prosecution and imposition of penalty as per the rules in force.
(a) Every opening in floor of a building or in a working platform shall
be provided with suitable means to prevent fall of persons or
materials by providing suitable fencing or railing with a minimum
height of 1 meter.
(b) All practical steps shall be taken to prevent danger to persons
employed, from risk or fire or explosion, or flooding. No floor,