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TAMIL NADU POWER GENERATION CORPORATION LIMITED

Name of work: Specification for the work of

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.

SPECIFICATION NO: CE/MTPS-I/ SE/O /O&E / OT No. 04/2024-25

DUE DATE AND TIME FOR SUBMISSION OF TENDER: 13.08.2024 @ 14.00 Hrs .

OFFICE OF THE SUPERINTENDING ENGINEER/


OPERATION / METTUR TPS-I / METTUR DAM - 636 406
TAMIL NADU.

Service Provider: The Tamil Nadu Government E-Procurement System


Website for online bid submission: https://tntenders.gov.in/nicgep/app
TAMIL NADU POWER GENERATION CORPORATION LIMITED

1) Tender Specification No. CE/MTPS-I /SE/O/O&E / OT No.04 /2024-25.

2) Name of the work


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 to Mettur Thermal Power Station-I,
TNPGCL, MetturDam -636 406. for a period of one year from
the date of commencement of work.

3) Quantity 4000 MT

4) Method of Tender Open E – Tender System –Two Part system/ Submission of


Offer through web-site:
https://www.tntenders.gov.in/nicgep/appof NIC.

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

12 Contact Address for any Clarification. Superintending Engineer / Operation


Mettur Thermal Power Station – I
Mettur Dam-636406
Ph.No. 04298-240358
Email.Id:[email protected]
13 Place at which tenders will be Office of the Superintending Engineer / Operation,
opened Mettur Thermal Power Station – I
Mettur Dam-636406

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.

Specn.No. CE/MTPS-I/SE/O / O&E / OT No. 04/2024-25.

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.

Option for Reverse charge Mechanism Applicable Not Applicable


of GST payable (Please tick relevant Box)
If opted for RCM, then the tenderer should upload the undertaking as per Attachment 5

SIGNATURE OF THE CONTRACTOR


Name and Address of the contractor
TAMIL NADU POWER GENERATION CORPORATION LIMITED
METTUR THERMAL POWER STATION – I
INSTRUCTION TO BIDDERS

INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS IN E-TENDER

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.

3.0 Contact persons:


For queries related to registration and online bidding (NIC):
e-mail : [email protected]
Contact No.: 044 – 24466495
24902580 Extn.: 332
24917850
4.0 System Requirement:
i. Operating System: Windows XP-SP3 & above
ii. Internet browser: IE7 and above.
iii. Signing type: Digital Signature (class III)
iv. JRE 7 update 79 (Preferred file- Windows X-86 Offline) and above to be
downloaded and installed in the system.
To enable ALL active X controls and disable ‘use pop up blocker’ under
Tools→Internet Options→ custom level. For detailed guidance about browser and Java
configuration the bidders are advised to go through the video guide available under
“Bidders Manual Kit” at
“https://www.tntenders.gov.in/nicgep/app?page=BiddersManualKit&service=page”
5.0 Searching for Tender Document:
5.0 There are various search options built in the Website, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, organization
name, location, date, value, etc.
5.1 Once the bidders have selected the tenders they are interested in, they may download
the required documents/tender schedules. These tenders can be moved to the
respective ‘My Tenders’ folder. This would enable the Tamil Nadu Govt. e-Procurement
Portal, to intimate the bidders through SMS / e-mail in case there is any corrigendum
issued to the tender document.
5.2 The bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification / help from the Helpdesk.
6.0 Preparation of Bids:
6.1 Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
6.2 Bidders are requested to go through the NIT and the tender document carefully to
understand the documents required to be submitted as part of the bid. Any deviations
from these may lead to rejection of the bid.

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.

7.0 Electronic Submission Of Bids:


The bidder shall submit online the requirements under qualification criteria and
Technical Documents required and Price Schedule/BOQ. All the documents are required
to be signed digitally by the bidder. After electronic online bid submission, the system
generates a unique bid reference number which is time stamped. This shall be treated
as acknowledgement of bid submission.

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.

8.0 Late Bid:


The Electronic bidding system would not allow any late submission of bids after due date
and time as per server time.

9.0 Modification and withdrawal of bids:


9.1 Bidders may modify their bids online before the deadline for submission of bids.
9.2 In case a bidder intends to modify his bid online before the deadline, the bidder need not
make any additional payment towards the cost of bid processing. For bid modification
and consequential re-submission, the bidder is not required to withdraw his bid
submitted earlier. Modification and consequential re-submission of bids is allowed any
number of times. The last modified bid submitted by the bidder within the bid
submission time shall be considered as the bid. For this purpose,
modification/withdrawal by other means will not be accepted. The bidder may withdraw
his bid by uploading his request before the deadline for submission of bids, however, if
the bid is withdrawn, the re-submission of the bid is not allowed.

9.3 No bid may be modified after the deadline for submission of Bids.

10.0 ASSISTANCE TO BIDDERS:


10.1 Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.

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

BID QUALIFICATION REQUIREMENTS (BQR)

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

1.0) SCOPE OF SUPPLY :


1.1) The Scope of work is 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 execution of agreement.

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.

2.0) SUBMISSION OF TENDER OFFER:


2.1) The tenderer is expected to examine all instructions, Schedules and
Annexures/Attachments detailed in the Specification and submit the Schedule of Prices
and other required particulars in the Schedules and Annexures called for in this
Specification, only as per the formats prescribed herein.

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.

3.0) MODIFICATIONS/CLARIFICATIONS TO TENDER DOCUMENTS :


3.1) At any time after the commencement of e-Tender and before the closing of the event,
TNPGCL may make any changes, modifications or amendments to the tender
documents and same will be intimated to the concerned Vendors through corrigendum
which can be downloaded from the Vendor login .
3.2) In case any tenderer asks for a clarification to the tender documents before 48 hours
of opening of tenders, the Superintending Engineer / Operation / MTPS-I will clarify
the same.
3.3) If any tenderer raises clarifications after the opening of the tender, the clarified reply
issued by the Superintending Engineer / Operation / MTPS-I on the clarifications will
be final and binding on the Tender.

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 :

4.1) OPENING OF COMMERCIAL & TECHNICAL BIDS WITHOUT PRICE (PART-I):

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.

4.2) OPENING OF THE PRICE BIDS:


Price bids (Part-2) of those bidders who fulfill the BQR criteria and whose bids are
found to be commercially and technically acceptable in e-tender will be opened
electronically by the nominated members at the notified time and date / on the same
date.

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.

5.0) INFORMATION REQUIRED AND CLARIFICATIONS:


5.1) In the process of examination, evaluation and comparison of tender offers, the TNPGCL
may at its discretion, ask the Tenderer for a clarification of his offers. All responses to
requests for clarifications shall be in writing to the point only. No change in the price or
substance of the offer shall be permitted.

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.

6.0 REJECTION OF TENDERS :

I. Tenders will be SUMMARILY rejected if


a) The EMD requirements are not complied with.
b) If the bids are received through Consortium or Joint venture, the same will
not be considered and the bids will be rejected.
c) Not satisfying any one of the Bid Qualification Requirement as stipulated in
Section II.

II. Tender is LIABLE to be rejected, if it is:

a) not covering the entire scope of supply of materials.


b) If the declaration as specified in Attachment is not signed and enclosed.
c) With validity period less than that stipulated in this specification.
d) Not in conformity with TNPGCL’s Commercial terms and Technical
Specifications
e) Received from a tenderer who is directly or indirectly connected with
Government service or Board Service or services of local authority.
f) From any black listed Firm or Contractor.
g) Received by Telex / Telegram / E-Mail/ Fax.
h) From a tenderer whose past performance / Vendor rating is not satisfactory
i) Not containing all required particulars as per Schedule A and applicable
Attachment 1 to 5.
j) Documents furnished by the Tenderers along with their offer being found to
be bogus or contain false particulars.
k) Received after tender opening.
l) Bidders not furnishing the consent for evaluation as per GST norms.
m) Bidders not furnishing registration under GST.

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.

8.0) AMBIGUITIES IN CONDITIONS OF TENDERS:


8.1) In the case of ambiguous or contradictory terms / conditions mentioned in the bid,
interpretation as may be advantageous to the purchaser may be taken without any
reference to the Tenderer.
8.2) The tender offer shall contain full information asked for in the accompanying
schedules and elsewhere in the specification.
8.3) Tenderers shall bear all costs associated with the participation in the E -Tender
and the purchaser will in no case be responsible or liable for these costs.
8.4) No offer shall be withdrawn by the Tenderer in the interval between the deadline for
submission and the expiry of the period of validity specified / extended validity of
the tender offer.
8.5) No alternate offer will be accepted.
8.6) Board reserves the right not to accept the lowest or any tender.

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.

12.0) TRANSIT INSURANCE :

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.

13.0) LIQUIDATED DAMAGES:

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.

15.TENDER TERMS & CONDITIONS:


A.GENERAL:
1. Considering the job requirement, transporter / logistic company and not the tank trucks are
to be contracted. Contracted transporter can position either own or hired TTs for loading.
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.

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.

4.All offered TTs should have valid RTO registration.

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.

Signed in acceptance of the aforesaid tender


conditions.

Place:
Date:
Signature:
Name of Person signing:
Tenderer's Name and address with seal: (Space for Photograph)

16.0) GST Details:

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.

17.0) GST TIN / IT PAN :


1) The latest GST Registration details / TIN details attested by a Gazetted Officer / Chartered
Accountant / Notary Public valid for the current year shall be enclosed along with the
quotation.
2) The Xerox copy of PAN Card issued by the IT department shall be enclosed along with the
quotation.
3) The tenderer shall furnish the TIN Number of the firm along with the proof in the tender.

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.

20.0) LOSS OR DAMAGE:


i) You are responsible for the safe delivery of the materials at destination.
ii) You are responsible to assess the damages or shortages that occurred in transit and to
pursue the claims with the insurers / carriers.

21.0) FORCE MAJEURE:


If at any time during the continuance of this contract performance in whole
or in part of any obligation under the contract shall be prevented or delayed by
reasons of any war hostility Acts of Public, enemy acts or Civil commotion, strikes,
lockouts, sabotages, fire, flood explosions, epidemics, quarantine restrictions or other
acts of God (hereinafter referred to as eventualities) then provided notice of the
happening of any such eventuality is given by the supplier to the Board within 15
days from the date of occurrence thereof neither party shall eventually be entitled to
terminate this contract nor shall have any claim for damages against the order in
respect of such non-performance of delay in performance and deliveries under this
contract shall be resumed as soon as practicable after such eventuality has come to
an end or ceased to exist.
Provided that if the performance in whole or part by the supplier or any
obligation under this contract is prevented or delayed by reasons of any eventuality
for a period not exceeding 60 days, the Board may at its option terminate this
contract by notice in writing. The Board will also be at liberty to cancel the order if
the supply is not completed within the above accepted delivery period not
withstanding the liquidated damages applicable for the belated supplies.

22.0) JURISDICTION FOR LEGAL PROCEEDINGS:


No suit or any proceedings in regard to any matter arising in respect of this
contract shall be instituted in any Court, save in the High Court, Chennai or District
Court at Salem or sub-Court at Mettur Dam or at the District Munsif Court at Mettur Dam.
It is agreed that no other court shall have jurisdiction to entertain any suit or
proceedings even though part of the cause of action might arise within their
jurisdiction. In case, any part of the cause of action arise within the jurisdiction of
any other Courts in Tamil Nadu and rest within the jurisdiction of courts outside the state
of Tamil Nadu, then it is agreed to between the parties that such suits or proceedings shall
be instituted in a court within the State of Tamil Nadu and no other court outside the State
of Tamil Nadu shall have jurisdiction even though any part of the cause of action might
arise within the jurisdiction of such Courts.
The successful tenderer shall furnish an undertaking as per Attachment - 4 in a non-
judicial stamp paper of Rs.100/= agreeing to the above condition.

23.0) DUES TO THE BOARD:


The Board is empowered :
a) To recover any dues against this contract in the Bills/Security deposit/Earnest Money
Deposit due to the suppliers either in this contract or any other contracts with Board.
b) To recover any dues against any other contract of the suppliers with Board, with the
available amount due to the suppliers against this contract.

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.

26.0) FAILURE TO EXECUTE THE CONTRACT :


Contractors failing to execute the order placed on them to the satisfaction of the
TNPGCL under the terms and conditions set forth therein, will be liable to make good the loss
sustained by the TNPGCL, consequent to the placing of fresh orders elsewhere at higher rate,
i.e. the difference between the price accepted in the contract already entered into and the
price at which fresh orders have been placed. This is without prejudice to the imposition of
penalty under the Liquidated Damages clause.

27.0) NON-ASSIGNMENT:
The supplier shall not assign or transfer the contract or any part thereof without the
prior approval of the Purchaser.

28.0) EFFECTING OF RECOVERIES:


Any loss, arising due to non-fulfillment of this contract or any other contract, will be
recovered from the Security Deposit held and / or any other amount due to the supplier from
the TNPGCL/TANTRANSCO from this Contract as well as from other contracts.

29.0) ARBITRATION ACT NOT TO APPLY:


The TNPGCL will not accept any arbitration in case of disputes arising in any respect
under this contract. Any dispute arising out of this contract shall not be subject to arbitration
under the provisions of Arbitration and Conciliation Act 1996 in the event of any dispute
between the parties.

30.0) QUANTITY ALLOCATION :


At the time of issuing acceptance order for supply of materials, TNPGCL reserves the
right to allocate the quantity after ensuring the capacity, ability of supply, quantity offered and
past performance.

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:

1. In the case of a Proprietary concerns:


I hereby declare that neither I in my personal name or in the case of my Proprietary
concern M/s. , which is submitting the
accompanying Bid/Tender, nor any other concern in which I am proprietor nor any partnership
firm in which I am involved as a Managing Partner have been placed on black list or holiday list
declared by BPCL or its Administrative Ministry (the Ministry of Petroleum & Natural Gas) or
by any department/s of the State / Central Governments or by any department/s of the State
of Central Government/s of by any other Public Sector Undertaking/s and that there is no inquiry
in respect of any corrupt or fraudulent practice pending against him/it/them except as indicated
below:
(Here give particulars of blacklisting or holiday listing, an in absence thereof state
“NIL”)

2. In the case of a Partnership Firm:


We hereby declare that neither we, M/s.
submitting the accompanying Bid/Tender nor any partner involved in the management of the
said firm either in his individual capacity or as proprietor or managing partner of any firm or
concern have or has been placed on blacklist or holiday list declared by Bharat Petroleum
Corporation Limited or its Administrative Ministry (the Ministry of Petroleum & Natural Gas) or
by any department/s of the State or Central Government/s or by any other Public Sector
Undertaking/s and that there is no inquiry in respect of any corrupt or fraudulent practice
pending against him/it/them except as indicated below:
(Here give in particulars of blacklisting or holiday listing, and in absence thereof state “NIL”)

3. In the case of Company:


We hereby declare that the Company nor its Promoter/s /Director/s having controlling stake in
the Company (here controlling stake means person having minimum 26% shareholding of a
company) as a proprietor or as a Managing Partner has not been placed on black list or
holiday list declared by Bharat Petroleum Corporation Limited or its Administrative Ministry (the
Ministry of Petroleum & Natural Gas) or by any department/s of the State or Central
Government/s or by any other Public Sector Undertaking/s and there is no inquiry in respect
of any corrupt or fraudulent practice pending against him/it/them except as indicated below:
(Here give particulars of blacklisting or holiday listing, and in absence thereof state “NIL”).
It is understood that if this declaration is found to be false, Mettur Thermal Power Station I /
TNPGCL ., shall have the right to reject my/our bid, and if the bid has resulted in a contract, the
contract is liable to be terminated.

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

We, the undersigned(1) Shri. (2) Shri


(3) Shri all residing at
The partners / Directors of M/s.
having its registered office at
do hereby nominate, authorize and appoint Shri
& Shri who are our in the firm to act as attorneys
of our firm M/s. with full power and authority to
exercise the following powers or any of them on our behalf of our firm:

(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.

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.
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 /-)

BULK PETROLEUM PRODUCTS ROAD TRANSPORT AGREEMENT


THIS AGREEMENT made on this day of 20 between Mettur Thermal
Power Station Stage - I / TNPGCL, Metturdam -6 a body corporate constituted under the
Electricity Act 2003 (Central Act 36 of 2003) having head office at N.P.K.R.R. Maaligai, 144, Anna
Salai, Chennai- 600 002 herein after called “TNPGCL”( which expression unless repugnant to the
context shall mean and include its successors and assigns) of the ONE PART and M/s.
a Proprietorship/ Partnership Firm / Private Limited / Limited Company
having registered office / place of business at
Hereinafter called “ THE CARRIER” or “Carrier” (which expression unless
repugnant to the context shall be deemed to include legal heirs and executors of the present
constituents in case of firm or official liquidator in case of company) of the OTHER PART.
WHEREAS MTPS I / TNPGCL is generating Electricity and using Fuel Oil (HFO) as a secondary fuel
during light up and as a support fuel during outage of major Equipments and for this purpose
require Tank Trucks for road transportation of Fuel Oil (HFO) from Bharat Petroleum
Corporation(M/S.BPCL) , Peelamedu terminal, Coimbatore.
WHEREAS the Carrier is engaged in the business of operating Tank Trucks and is interested in
above transportation job of TNPGCL.
AND WHEREAS the Carrier has offered its services of transportation of POL product and MTPS
I /TNPGCL is agreeable to accept the same on certain terms & conditions.
“TNPGCL” and “The Carrier” are hereinafter individually referred as the “Party” and collectively
as the “Parties”.
Now therefore, it is agreed between the Parties as follows: -
1.Transporter/Logistic Company is being awarded transportation contract and undertake to execute
work through out the contract period.
2.In case “ TNPGCL” desires to change the basis of loading of Tank Truck i.e. volume to weight
or vise versa, the transportation rates shall be altered taken into account of various factors
such as density, temperature, etc, of the products for determining standard conversion factor at
the discretion of TNPGCL.
3.Transporter/Logistic Company shall ensure that Tank Trucks offered for loading comply with all
statutory laws and TNPGCL policies applicable at that time:
(a) Maintained in sound mechanical conditions and having all the fittings up to the standards laid
down by TNPGCL from time to time.
(b) Meeting the following:
i. The Carrier shall ensure that panels are provided on the tank truck for display of Oil
Company Brands as specified by M/S.BPCL on regular basis.
ii. Tank tuck chambers cleaned periodically as directed by M / S . B P C L / M T P S I , TNPGCL
from time to time.
iii. All tank trucks must be fitted with standard type retractable safety seat belts for both
driver & cleaner.
iv. Crew members report in neat & clean uniform.
v. Safety helmets/safety shoes for crew members.
vi. Have adequately trained Crew (driver and cleaner) for efficient operations and training to TT
drivers under Motor Vehicle Act & obtaining the endorsement on the driving license from RTO
would be the responsibility of Carrier.
vii. Drivers’ health check up and medical certificate is submitted to location at the time of
engaging and subsequently at once in six months.

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.

“The above list is nearly illustrative in nature

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 –

i) In case of quantity shortage of product, recovery shall be made at the retail-selling


price at the dispatch location or non subsidized market determined price of such product,
whichever is higher and transportation charges for the shortage quantity.

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.

10.Carrier shall be responsible for ensuring that:


(a)Rules and regulations of M/S.BPCL/ TNPGCL in force are followed by him, his staff
and Crew of Tank Truck.
(b) All fittings in TT should be ISI marked. Each TT should carry two portable ISI
marked 10 KGs pressurized DCP fire extinguisher in an easily accessible position away
from the TT unloading facilities and one portable 1 KG CO2 / DCP / Approved
equivalent fire extinguisher in drivers cabin. TNPGCL may ask for additional fittings /
equipments as per requirement.
(c) Each TT should have security locking system arrangement as required by M/S.BPCL
/ MTPS I (TNPGCL).
(d) Any security system (for e.g.: locking system) decided by M / S . B P C L / M T P S
I / TNPGCL to guard against malpractices shall be unconditionally accepted by the
Carrier. Cost of modification / modifications of fittings if any on TT shall be borne by
the Carrier. Carrier shall be responsible for safety / maintenance of such security
systems.
(e) Tank Truck delivers the product to MTPS I/ TNPGCL.
(f) The Crew has the correct delivery documents and TREM-Card.
(g) Tank Truck follows the normal / approved route from loading location i.e M/S.BPCL,
Peelamedu terminal ,Coimbatore to receiving location i.e. Mettur Thermal Power
Station - I , TNPGCL , Metturdam -6.
(h) Average delivery time is maintained.
(i) Signature of recipient is obtained on the delivery documents.

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,

Signed and witnessed at on

For MTPS I/TNPGCL For CARRIERS


(Authorized signatory) M/s.
(PROP./ PARTNER/DIRECTORS)

Witness:

1.

2.
ATTACHMENT - 4

Spec.No. SE/O/MTPS-I / O&E / OT. NO: 04 /2025-25

UNDERTAKING TOWARDS JURISDICTION OF LEGAL PROCEEDINGS

This undertaking executed at Mettur dam on this ………………….(Date) ……………..


(Month) two thousand and Twenty by M/s………………………………. registered under Companies
Act, 1956 having its registered office at ……………………………… herein after called the
contractor (which expression shall where the context so admits mean and include its
successors in office and assigns) with the TNPGCL a statutory authority, a body corporate
constituted as per provision of G.O.MS.No.100, dt.9.10.2010, having its registered Office at
No.144, Anna Salai, NPKRR Maaligai, Chennai - 600 002 herein after called the purchaser
(Which expression shall where the context so admits means and includes its successors in
Office and assigns.)Dated

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.

IN CONSIDERATION of the TNPGCL having agreed to accept the undertaking the


Contractor hereby undertakes that no suit or any proceedings in regard to any matter arising
in respect of this contract shall be instituted in any Court, save in the High Court, Chennai City
Civil Court at Chennai or at the Court of small causes at Chennai. It is agreed that no other
court shall have jurisdiction to entertain any suit or proceedings, even though, part of the
cause of action might arise within the jurisdiction of any of the Courts in Tamil Nadu and rest
within the jurisdiction of Courts outside the Tamil Nadu, then it is agreed to between the
parties that such suits on proceedings shall be instituted in a Court within the State of Tamil
Nadu and no other Court outside the State of Tamil Nadu shall have jurisdiction even though
any part of the cause of action might arise within the jurisdiction of such Courts.

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

( IN RUPEES EIGHTY NON JUDICIAL STAMP PAPER)

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.

Date: SIGNATURE OF THE CONTRACTOR


Place: Name & Address of the contractor with seal

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.

Date: SIGNATURE OF THE CONTRACTOR


Place: Name & Address of the contractor with seal
Annexure - A

OIL INDUSTRY TRANSPORT DISCIPLINE GUIDELINES


1.INTRODUCTION

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

2.1 Transport Agreement


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.
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 Fitness of Tank Lorry


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
Organization (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 Organization
Department at all times.
2.2.4 TT without valid Explosives License shall not be utilized, unless authorized by Petroleum
and Explosives Safety Organization 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 / M T P S I ( T N P G C L ) from time to time. The transporter to
ensure that, the integrity of the locking arrangements is maintained against any tampering at all
the times.

2.3 Calibration of Tank Lorry


2.3.1 The original and a copy of the valid calibration certificate shall be submitted to the loading
location i.e. M/S.BPCL / Peelamedu terminal/ MTPS I . 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.
2.3.2 TT shall be calibrated for single capacity in line with MV Act/Petroleum Rules/Weights &
Measures Act.
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.
2.3.6 Tampering with calibration of vehicle in any manner shall be construed as a malpractice
and penal action will be taken against the carrier as outlined under clause No. 7. Further,
alleged product losses will be recovered from the carrier from the date of last calibration.
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.
2.3.8 Carrier shall provide brass/aluminum dip rods individual compartment-wise or single dip rod as
per prevailing W&M rules.

2.4 Tank Lorry Accident


2.4.1 In case of TT accident, the crew shall inform the nearest Police Station, loading location,
carrier, nearest Oil Company location / MTPS I(TNPGCL) and shall guard the vehicle as well as
product.
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/MTPS I(TNPGCL)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/ MTPS I (TNPGCL) shall be construed as a malpractice & penal action will be taken
against the carrier as outlined under clause No. 7.
2.4.4 Spilled or trans-shipped product salvaged in TT/ barrels shall be brought to the loading
location / M/S.BPCL or the receiving location/ MTPS I (TNPGCL) as advised by the Oil Company/
MTPS I (TNPGCL).
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(M/S.BPCL) / MTPS I (TNPGCL) representative and carrier/TT crew. One set of sample
shall be sent to the Oil Company’s / MTPS I (TNPGCL) 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 Other formalities


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.
2.5.2 Emergency Information Panels shall be correctly displayed on the TT as
stipulated.
2.5.3 The TT registration number shall be painted on the fire extinguishers carried by
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 :
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.

3.2 Sealing / Locking of Tank Lorry


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 Log ‘out’, ‘in’ Time System and Delivery Route.


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 for the destination is strictly adhered to.

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.

4.1.2Checking security locking system

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.

4.2 Procedure for Dealing with Suspected Irregularities:


The following procedure shall be followed for dealing with the suspected irregularities.
a. Inform sales officer/ loading location
b.The TT shall be detained.
c.The Sales officer/ loading location officer shall draw samples as mentioned
in 4.3.
d.The sales officer/ loading location officer, TT crew/ carrier’s representative & MTPS
I, TNPGCL’s representative, inspecting authority shall prepare a joint statement
mentioning the compartment wise observed density / status of the security
locking system and shall sign the statement.
e. In case of TT receipt at the location the loading location officer & TT crew/
carrier’s representative shall prepare a joint statement mentioning the
compartment wise observed density / status of the security locking system and
shall sign the statement.
f.The TT, thereafter, shall be sealed by the sales officer/ loading location officer and detained
at the place of the MTPS I(TNPGCL)’s premises.
g. If the product passes in the lab test, the TT shall be decanted at the
MTPS I(TNPGCL)’s premises. If the product fails in the lab test, then the TT shall be
sent for the disposal of the product as directed by the Oil Company/ MTPS I (TNPGCL).

Action shall be taken against the carrier as outlined under clause No : 7.

4.3 Sampling Procedure for Suspected Irregularities:


4.3.1At the dealer / Direct customer premises
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 MTPS I (TNPGCL)’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
MTPS I (TNPGCL)’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 MTPS I (TNPGCL)’s
representative and one set to be retained by the sales officer/ loading location officer.
4.3.2Receipt at the locations
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.
4.4 Testing of sample at lab
The TT samples drawn by the sales officer / loading location officer at the MTPS I (TNPGCL)’s
premises shall be tested in the lab. If the product passes in the lab test, the TT shall be
decanted at the MTPS I (TNPGCL)’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 7. 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/
MTPS I (TNPGCL).

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.

4.5.1Testing for specifications


Laboratory will test the RO sample, the last TT retention sample (TL1) and the corresponding
supply location sample (SL1) simultaneously and compare the 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 7.1 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.
5. TANK TRUCK/TANK LORRY MONITORING
5.1 The TT/ Carrier/ transporter blacklisted by any one Oil Company shall be construed to be
black listed by all Oil Companies.
5.2 Carrier shall not enter into agreement with the Oil Company by submitting forged documents/
false information.
5.3 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 TNPGCL does not find the
reasons valid, action will be taken as per clause no. 7.
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.
5.4 In case a TT is not received at the receiving location i.e. MTPS I / TNPGCL, action shall be taken
against the carrier as outlined under clause no. 7.

6. HEALTH, SAFETY & ENVIRONMENT


6.1 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.
6.2 Driver and cleaner shall wear retractable seat belt and uniform as specified by respective
OMC, while driving vehicle.
6.3 No TT shall be plied by the driver without cleaner, either on the road or at any work place.
6.4 The TT crew would not be permitted to enter the location premises / MTPS I (TNPGCL)
without use of the personal protective equipment i.e. safety shoes, helmet, spectacles
(wherever necessary).
6.5 The crew of TT shall check safety fittings, fitness conditions of vehicles to ply on road before
the TT is brought for loading.
6.6 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.
6.7 It shall be mandatory for all drivers to undergo refresher training course / training programs
organized by the location.
6.8 The TT should be driven by driver having valid driving license duly endorsed by RTO for having
undergone training to carry hazardous goods.
6.9 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.
6.10 The carrier shall ensure that the TT crew is not in intoxicated state while on duty.
6.11 Any deviation from/violation of above requirements shall be construed as an irregularity
and action will be taken against the carrier as outlined under clause No. 7.

7.0 ADULTERATION/ MALPRACTICES/ IRREGULARITIES/ PENALTIES


TT caught for having indulged in adulteration/ malpractices/ irregularities shall be immediately
suspended by the location-in-charge/ MTPS I (TNPGCL). However, an investigation shall be
conducted as per the laid down procedure of M/S.BPCL / TNPGCL. On investigation, if the
adulteration/ malpractice/ irregularities is established then penal actions stipulated as under shall
be taken.

7.1 Penalties in case of adulteration


In all cases of failure of the products/ adulteration in TT as well as deemed failure (i.e.
sample test value falls within specification range however, it is beyond the repeatability /
reproducibility limits w.r.t. reference sample) of the product, action against the Carrier shall be
initiated as under :
a. i. Carriers with single TT
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.
ii. Carriers with multiple TTs
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.

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.

7.2 Penalties for malpractices/ irregularities.


7.2.1 Malpractices/ irregularities will cover any of the following:
a. Unauthorized deviation from specified route/ unauthorized delay/ unauthorized en-route
stoppage/ not reaching destination/ over speeding.
b. TT crew found in intoxicated state while on duty.
c. Irregular reporting of TT at loading location without permission of the
location.
d. Refusal to carry loads allocated by MTPS I( TNPGCL).
e. Reported case of non-wearing of retractable seat belt while driving.
f. Driving vehicle without cleaner/helper.
g. Non-functioning of Fire Extinguisher carried by TT.
h. Polluting environment due to product spillage from tilting or leaky vehicles on road, in case of
accident/ unsafe driving.
i. Accident involving injury or damages to the facilities at the work place
j. Fatal accident at the work place.
k. Tampering with standard fittings of TT including the sealing, security locks, security locking
system, calibration.
l. Unauthorized use of TT for products other than the petroleum products for which it has
been engaged.
m. Entering into contract based on forged documents/ false information.
n. Irregularities under W&M Act.
o. Not lodging FIR with the Police in case of accident, not informing/ submitting accident report to
the M/S.BPCL /MTPS I(TNPGCL) about the accident.
p. Pilferage/ short delivery of product.
q. Any act of the carrier/ carrier’s representative that may be harmful to the good name/
image of the M/S.BPCL /MTPS I(TNPGCL), its’ products or its services.

7.2.2 Penalties upon detection of malpractice/ 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:
Clause Type of malpractice / Penalty against number of
No. irregularity instance
First Second Third
7.2.2.1 (a) Reported non-wearing of retractable
seat belt while driving. TT shall be
TT shall be TT shall
(b) Repetitive / Habitual Over speeding. suspended
suspended for be black
(c) Driving vehicle without For one
3 months. listed.
cleaner / helper. week.

7.2.2.2 (a) Established repetitive un- authorized


stoppage en route.
(b) Established repetitive un-authorized
TT shall be
diversion from specified route.
suspended TT shall be
(c) Refusal to carry loads allocated by
for 3 blacklisted.
MTPS I (TNPGCL).
months.
(d) Irregular reporting of TT at loading
location without permission of the
MTPS -I (TNPGCL).
7.2.2.3 Short delivery of product for established TT shall be
malpractice. blacklisted.
7.2.2.4 (a) Non-availability /non- functioning of
TT fire
extinguisher. TT shall be
TT shall be TT shall
(b) TT crew found in intoxicated state while suspended
on duty. suspended for be black
For one
3 months. listed.
(c) Not wearing uniform. week.
(d) Not wearing PPE at loading/ un-loading
locations.
7.2.2.5 Accident at M/S.BPCL / MTPS I (TNPGCL)
leading to injury of persons or damages to TT shall TT shall be
the facilities. be blacklisted.
suspended
7.2.2.6 Polluting environment due to product spillage for 3 TT shall be
from TT. months. blacklisted.
7.2.2.7 Established case of pilferage/non- delivery of
product.
7.2.2.8 Fatal accident at the work place.

7.2.2.9 Irregularities under W&M Act.

7.2.2.10 Tampering with standard fittings of TT TT shall


including the sealing, security locks, security be
locking system, Calibration. blacklisted.

7.2.2.11 Entering into contract based on forged


documents/ false information.
7.2.2.12 Not lodging FIR with the Police in case of
accident, not informing/ submitting a I
(TNPGCL) about the accident.
7.2.2.13 Any act of the carrier/ carrier’s representative As decided
that may be harmful to the good By M/S.BPCL
name/ image of the M/S.BPCL / MTPS I / MTPS I
(TNPGCL), its’ products or its services. (TNPGCL).
During the validity of transportation contract, in the first instance of blacklisting for a
transporter, as per the above provisions, damage of Rs.25,000/- will be imposed on the
Transporter apart from blacklisting of the involved TT. In second instance of blacklisting, a
damage of Rs.50,000/- will be imposed and the involved TT will be blacklisted. In third
instance of blacklisting, a damage of Rs. 1 Lakh will be imposed. 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.
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.
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 blacklisting of TTs shall be on Industry basis.
In the following irregularities, the complicity of the carrier shall be deemed to be existent
and the whole contract comprising of all the TTs belonging to the concerned carrier shall be
terminated, security deposit forfeited and the concerned carrier & their all TTs shall be blacklisted on
Industry basis:

1. False/hidden compartment, unauthorized fittings or alteration in standard fittings affecting


Quality and Quantity
2. Illegal/un-authorized duplicate keys of security locks.
3. Duplicate dip rod/calibration chart.

7.2.3 Period of blacklisting


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 play 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 or banned permanently.
The blacklisting of TTs shall be on Industry basis.
Note:
(a) The Amendment issued by M/S.BPCL for Oil Industry Transport Discipline Guide lines from time
to time will hold good for this specifications.

(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

Product Tank Truck / Tank Lorry No.

Name of Dealer/Direct
Location
Customer

Document No. Date & Time of Sampling

Type of Sample Compartment No.

Reasons for testing

Names & Signatures

Carrier MTPS I (TNPGCL) M/S.BPCL


ANNEXURE -C
SAFETY CONDITION:-
(i) All the relevant personal protective equipments like safety helmets, safety
shoes, safety belt, goggles, nose mask, face mask, dust respirator, asbestos
sult, apron, leg guards, rubber gloves, face shield hand sleeves, ear plug,
ear muff, fiber helmet, fall net etc., should be supplied by the contractors
to their workmen and ensure for proper usage by their workers without fail.

(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.

(vi) If any accident occurs, it should be informed to the concerned


officer of TNPGCL in writing by the concerned contractor
immediately.

(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,

(c) roof, or other part of a building shall be so overloaded with


debris or materials as to render it unsafe.
All necessary personal safety equipment as considered adequate by
the Engineer-in-Charge shall be available for use of persons employed
on the Site and maintained in a condition suitable for immediate use;
and the Contractor shall take adequate steps to ensure proper use of
equipment by those concerned.
(i) When workers are employed in sewers and manholes, which are in use
the Contractor shall ensure that manhole covers are opened and
manholes are ventilated at least for an hour before workers are allowed
to get into them. Manholes so opened shall be cordoned off with
suitable railing and provided with warning signals or boards to
prevent accident to public.
(a) No paint containing lead or lead products shall be used except in
the form of paste or readymade paint.
(b) Suitable face masks shall be supplied for use by workers when
paint is applied in the form of spray or a surface having lead
paint dry rubbed and scrapped.
(ii) Use of hoisting machines and tackle including their attachments,
anchorage and supports shall conform to the following :–
(a) These shall be of good mechanical construction, sound material
and adequate strength and free from patent defects and shall
be kept in good working order and properly maintained.
(iii) Every rope used in hoisting or lowering materials or as a
means of suspension shall be of durable quality and adequate strength,
and free from patent defects.
(iv) The Contractor shall at his own expense arrange for the safety
provisions as appended to these conditions or as required by the
Engineer-in-Charge, in respect of all labour directly employed for
performance of the works and shall provide all facilities in connection
therewith. In case the Contractor fails to make arrangements and
provide necessary facilities as aforesaid, the Engineer-in-Charge shall
be entitled to do so and recover the cost thereof from the Contractor.
(v) Failure to comply with Safety Code shall make the Contractor liable to
pay to the Corporation as liquidated damages an amount not
exceeding Rs. 50.00 for each default or materially incorrect
statement. The decision of the Engineer-in-Charge in such matters
based on reports from the Inspecting Officers as defined in the
Contract Labour Regulation as appended to these conditions shall be
final and binding and deductions for recovery of such liquidated
damages may be made from any amount payable to the Contractor.

(a) All scaffolds, ladders and other safety devices mentioned or


described herein shall be maintained in a safe condition and no
scaffold, ladder or equipment shall be altered or removed while
it is in use. Adequate washing facilities shall be provided at or
near places of work.
(b) These safety provisions shall be brought to the notice of all
concerned by display on a notice board at a prominent place at
the work spot. Persons responsible for ensuring compliance
with the Safety Code shall be named therein by the Contractor.
(c) To ensure effective enforcement of the rules and regulations
relating to safety precautions, arrangements made by the
Contractor shall be open to inspection by the Engineer-in-
Charge or his representatives and the Inspecting Officers as
defined in the Acts/Rules applicable.
(d) The Contractor is not exempted from the operation of any
other Act or Rule in force.
Signature Not Verified
Digitally signed by Srimathi Muthaiyan
Date: 2024.07.29 15:46:37 IST
Location: Tamil Nadu-TN

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