Tender-Document-Bunker-supply-Kochi ... - Bharat Petroleum

TENDER NO: 1000359794 1

BHARAT PETROLEUM CORPORATION LIMITED

I&C TERRITORY, KOCHI KOCHI REFINERY MARKETING OFFICE,

AMBALAMUGAL, KOCHI – 682 302. TEL NO: 0484-2720709; 2720172. FAX NO. 0484-2720162

NOTICE INVITING e-TENDER FOR BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL /

FOREIGN VESSELS AT KOCHI PORT BERTHS/ OUTER ANCHORAGE (OPL) TENDER NO. 1000359794

(Published on: 03.11.2020)

Tender Name: E-Tender for Bunker supply of black oil by barge to coastal / foreign vessels at Kochi Port Berths / Outer Anchorage (OPL).

Pre-Bid Meet

Eligible tenderers are invited to a pre-bid meeting for clarifications on tender conditions and e-bidding process on 10.11.2020 at 3:00 p.m. through video conference in Microsoft Teams. Meeting link as follows

Click here to join the meeting

Last Date for Submission of Tender: 24.11.2020 at 3:00 p.m.

Tender Opening on: 24.11.2020 at 3:30 p.m.

Period of Contract: TWO (2) years from the date of award of contract (LOI).

Tender Document Fee Rs.1,180/- (Rupees One thousand one hundred and eighty only) in the form of Demand draft in favour of Bharat Petroleum Corporation Ltd., payable at Ernakulam. (Non refundable) (Separate DD)

Earnest Money Deposit (EMD) Rs.1,00,000/- (Rupees One Lakh Only) in the form of Demand Draft in favour of Bharat Petroleum Corporation Ltd., payable at Ernakulam. (Separate DD)

Contact Person(s) Territory Manager (Indl.,) Kochi Tel : 0484-2720172, 2720709 E-mail : [email protected] E-mail : [email protected]

TENDER NO: 1000359794 2

BHARAT PETROLEUM CORPORATION LIMITED

I&C TERRITORY, KOCHI KOCHI REFINERY MARKETING OFFICE,

AMBALAMUGAL, KOCHI – 682 302. TEL NO: 0484-2720709; 2720172. FAX NO. 0484-2720162

NOTICE INVITING e-TENDER FOR BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL /

FOREIGN VESSELS AT KOCHI PORT BERTHS/ OUTER ANCHORAGE (OPL)

TENDER NO. 1000359794 E-bids are invited from eligible tenderers for bunker supply of black oil by barge to coastal / foreign vessels at Kochi Port berths / Outer Anchorage (OPL) during all seasons (Monsoon as well as Non Monsoon) for two years from the date of award of LOI to the successful tenderers by BPCL.

1. Eligible tenderers are invited to submit their offer in a two-part bid for subject tender. 2. Please visit our website https://bpcleproc.in for participating in the tender and submit your bid online. For viewing / downloading the tender document (non transferable), please visit our website https://www.bharatpetroleum.in/tenders/view-tenders.aspx. 3. Tender Document will not be available for purchase from any of our offices. 4. Tender Document fee of Rs 1,180/- (incl. GST) is payable. 5. EMD shall be refunded to successful tenderer(s) after placement of work order and its acceptance by successful tenderer(s). Tenderers shall provide Bank Details of their Banker as per our format. 6. Non-submission of EMD/Tender fee before the closing date & time of e-tender shall entail disqualification unless exempted for the parties as per tender condition. EMD shall be refunded to unsuccessful tenderers on submission of written request. 7. The DD/Pay Order for EMD/Tender Document Fee should be in favour of Bharat Petroleum Corporation Ltd. payable at Kochi / Ernakulam, drawn on any of the Scheduled/ Nationalized Bank. 8. As per order issued by “Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying tender fees and Earnest Money Deposit. Such tenderers must produce a Notarized copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption.

TENDER NO: 1000359794 3

9. Tenderer is advised to refrain from submitting any false, forged documents, the penalty for which shall be termination of contract and forfeiture of EMD /SD submitted. In case the tenderer is not able to provide facilities as sought within the stipulated period of issuance of LOI, the EMD and SD shall be forfeited. 10. Tenderer is also advised to go through the tender documents carefully and understand the terms and conditions completely before quoting. 11. The estimated quantity of works is only indicative. BPCL does not commit or guarantee any minimum volume of business. 12. The Bid consists of the following documents to be submitted on-line.

a. Credential / Technical Bid (Un-priced) b. Price Bid

13. The tender shall have to be submitted through the e-procurement system on https://bpcleproc.in. 14. It is mandatory for the tenderers to submit online documents, duly signed and stamped by the authorised signatory in all the pages, as follows:

Sr. No. Particulars Attachment No. 1 Tender document along with Annexure 1 ( Agreement ) & 2 (

Integrity Pact )

2 Particulars of Tenderer / Tenderer Attachment-1 3 Particulars of barges offered Attachment-2 4 Tenderer’s Covering Letter as per format Attachment-3 5 General Irrevocable Power of Attorney as per format Attachment-4 6 Details of relationship with BPCL Directors as per format Attachment-5 7 Bank Guarantee Format Attachment-6 8 Holiday Listing Declaration Attachment-7 9 Checklist For Category Quoted/Applied By Tenderer Attachment-8 10 Affidavit Attachment-9 11 Vendor Enrollment forms Attachment-10 12 CA Certficate for MSE Vendors Attachment-11 13 Self attested copy of the acknowledged Income Tax Returns for

the latest three financial years ending 31/03/2020

14 Self attested copy of preceding three years’ audited P&L account and Balance Sheet ending 31/03/2020

15 Self attested copies of Trading License or Firm / Company Registration Certificate, as applicable

16 Self attested copies of Partnership Deed or Certificate of Incorporation as applicable.

17 Self Attested copies of work order(s)/Certificate(s)/agreement(s) for minimum three years of experience in bunker supply of any grade of Black Oil or White oil through Barge to the vessels at Indian Ports accompanied with TPIA’s certificate listing the same, confirming qualification of this criterion

TENDER NO: 1000359794 4

18 Self attested copies of PAN, PF, ESIC, GST Registration certificates, as applicable.

19 Solvency certificate from Bankers 20 Self Attested copies of Barge documents / Licences / Permissions

as applicable duly verified and certified by TPIA i.e., (Barge Layout showing Bulk Cargo handling Facilities including stripping, Certificate of Registration under Indian Vessel Act 1917, Certificate of Survey issued by state Maritime Board, Latest Calibration Charts duly certified by IRS/Classification Society/Naval Architect, License by Kochi Port Authorities certifying that the barge is permitted to ply in harbour with bunker fuels, Pass Pilot Certificate of the Barge from Kochi Port authorities for plying Barge without pilot, Marine Hull & Machinery Insurance Policy for the Barge, P&I Insurance for Pollution / Environmental Risks & Liabilities, Cargo Boat License issued by Customs Dept, MMD Certificate/ Survey certificate from Maritime Board / approved Classification Society and other authorized bodies for carriage of petroleum product as per rule 33 of Petroleum Rules 2002, Certificate of Class issued by recognized Classification society / Maritime Board for class barge offered, Canal license, Harbour craft license issued by Kochi Port & in case the barge is a chartered / leased / attached one, NOC from barge owner along with valid agreement between barge owner and Tenderer). Any other barge related documents (Please specify)

21 Tender Document Fee in the form of Demand Draft for Rs. 1,180/- (incl. GST).

22 EMD of Rs. 1,00,000/- by way of Demand Draft 23 MSME Registration, if applicable. 24 Integrity Pact (BPCL signed copy to be countersigned by

Tenderer with seal / stamp and uploaded)

25 Documentary proof for establishing delivery rate of barge duly verified and certified by TPIA which is registered under NABCB accredited bodies as per requirement of ISO/IEC17020 as Type A” in QCI NABCB website https://nabcb.qci.org.in as on the date of submission of the tender. All charges for the attestation and verification to be borne by the Tenderer.

26 General Conditions of Contract ( GCC ) 15. The submission of the online bid and the original separate DDs for Tender Document Fee & EMD shall be upto 03:00 pm on 24th Nov 2020. 16. Bids submitted after the due date and time of closing of tender (i.e. after 03:00 pm on 24.11.2020) and / or not submitted in the prescribed format shall be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and the DDs to be submitted in original due to postal delay etc. No claims on this account shall be entertained. 17. The schedule of Price Bid opening will be advised separately to the tenderers who qualify in the credential / technical bid.

TENDER NO: 1000359794 5

18. Price Bid (to be submitted online) shall be opened only for those tenderers who have qualified in the Technical Evaluation. 19. The tender document with detailed terms and conditions is also available on our website https://www.bharatpetroleum.in/tenders/view-tenders.aspx but the submission of tender is allowed only through the e-procurement website on https://bpcleproc.in. 20. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature Certificate (signing & encryption) of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the tenderer. In case any tenderer so desires, he/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., (ETL) at their contact nos. in Kochi i.e., Landline : 0484-2821642 , Mr.Kerin (Mobile no: 8129549304) & Mr.Milan (Mobile no : 9746799395) for obtaining Digital Signature Certificate. 21.SUBMISSION OF E-TENDER DOCUMENTS : Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:

Tenderers are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest.

The system time (IST) that will be displayed on e-procurement (e-bid) web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

Tenderers are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the tenderer intends to change /revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

Tenderers submitting / uploading the on-line tender documents thru’ digitally signed certificates shall be construed as their complete agreement with the terms & conditions and that they have fully understood the tender documents.

Bids / Offers shall not be permitted in e-procurement (e-bid) system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

Tenderers shall submit price bids only through e-bidding online and no physical documents with respect to price bids should be submitted. In case Tenderer submits such physical documents for price bids, the same shall not be considered.

22. In case of any clarification pertaining to e-procurement (e-bidding) process, the tenderer may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., (ETL) at their contact nos. in Kochi i.e., Landline : 0484-2821642 , Mr.Kerin (Mobile no: 8129549304) & Mr.Milan (Mobile no : 9746799395)

TENDER NO: 1000359794 6

23. CONTACT PERSONS : For all clarifications / details regarding this Tender:

For complaints only (INDEPENDENT EXTERNAL MONITORS (IEM)). The IEMs have been appointed by the Central Vigilance Commissioner (CVC).

Shri. Ramabhadran Ramanujam

Shri. Virendra Bahadur Singh

Shri. Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross Street, Mandavelipakkam, Chennai 600028.

H.No. B-5/64, Vineet Khand, Gomati Nagar, Lucknow - 226010

B-3/3, ‘Yarrows Apartments’, Plot C-58/5, Sector 62,

Noida, UP -201309

[email protected] [email protected] [email protected]

Mob. 9495511954 Mob.8853760730 Mob. No. 9968281160

24. Please note that Corrigendum / Addendum to this tender, if any, shall be published only on our website https://bpcleproc.in. 25. BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the tender process. Thanking you, Yours faithfully, for BHARAT PETROLEUM CORPN. LTD., TERRITORY MANAGER (I&C), KOCHI

Ravindranath K Chief. Manager Co-ordination, (Indl.) Bharat Petroleum Corporation Ltd., Kochi Refinery Marketing Office, Ambalamugal, Kochi – 682302. Ph : 0484-2720709 / Mob: 9495046444 e-mail : [email protected]

Timings : On any working day (Monday to Friday) between 10 a.m. and 5.30 p.m.

Rahul V G Area Manager (Indl.) Bharat Petroleum Corporation Ltd., Kochi Refinery Marketing Office, Ambalamugal, Kochi – 682302. Ph : 0484-2720172 / Mob: 8943539844 e-mail : [email protected]

TENDER NO: 1000359794 7

TENDER NO. 1000359794

E-TENDER FOR BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL / FOREIGN VESSELS AT KOCHI PORT BERTHS/ OUTER ANCHORAGE (OPL)

1.0 COMPANY INTRODUCTION Bharat Petroleum Corporation Limited (BPCL), a Public Sector Enterprise is engaged in the business of refining and marketing of petroleum products. This tender is for Bunker fuel (VLSFO 380 cst) loading, transportation and delivery of all stem sizes from Hired Terminal, Wellington Island to ships/vessels at Berth in Cochin Inner Port limits and at anchorage/Outer anchorage (OPL). The deliveries are to be made in all seasons (Monsoon as well as Non Monsoon) throughout the year. 2.0 TENDER NO. 1000359794 BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a Public Sector enterprise, invites Bids through e-tender under Two-Bid System for BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL / FOREIGN VESSELS AT KOCHI PORT BERTHS / OUTER ANCHORAGE (OPL) for a period of TWO (2) years. 2.1 TENDER DOCUMENTS: 1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature Certificate (signing & encryption) of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Certificate shall be borne by the tenderer. In case any tenderer so desires, he/she may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd., (ETL) at their contact nos. in Kochi i.e., Landline : 0484-2821642 , Mr.Kerin (Mobile no: 8129549304) & Mr.Milan (Mobile no : 9746799395) for obtaining Digital Signature Certificate. 2) The tenderers having valid Digital Signature Certificate and Login ID can download the tender document from the website (https://bpcleproc.in). 3) The tender documents can also be downloaded from BPCL website, https://www.bharatpetroleum.in/tenders/view-tenders.aspx. The submission of tender is allowed only through the e-procurement system on https://bpcleproc.in 4) As per order issued by “Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises ( MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying tender fees and Earnest Money Deposit. Such tenderers must produce a Notarised copy of

TENDER NO: 1000359794 8

MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. 2.2 EVALUATION: 1. Lowest amount (Qty tendered x Rate quoted) under the following eight categories based

on the estimated quantity for two years, as quoted by the tenderers. Thus parties/vendors will be finalised for each of the eight categories separately.

1 Bunker fuel (VLSFO 380 cst) transportation & delivery from Hired Terminal, Wellington Island – Loading at SCB/Q4/any other designated berth for fuel loading

1.1

To ships/vessels at Berth in Cochin Inner Port Limits (to any berth/docks in Kochi Port, Vallarpadam Container Terminal, Cochin Shipyard Ltd., berths, Naval docks/berths or any other berths in Cochin Port area)

1.1.1 Stem sizes less than or equal to 400 MT 1.1.2 Stem sizes above 400 MT 1.2 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Non Monsoon

period 1.2.1 Stem sizes less than or equal to 400 MT 1.2.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.2.3 Stem sizes above 1000 MT 1.3 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Cochin Port

notified Monsoon period 1.3.1 Stem sizes less than or equal to 400 MT 1.3.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.3.3 Stem sizes above 1000 MT

2. The tenderers shall be evaluated and ranked as L-1, L-2 and so on based on the

minimum cash out flow for BPCL in each category based on the estimated quantities in the respective categories.

3. The rate finalized in the respective categories for the L1 tenderer will be offered to L-2 tenderer for acceptance and matching of L-1 rate. In case L2 tenderer is not ready to match L1 rates as above the same shall be offered to L3 and so on. The work will be then awarded to L-1 and L-2 parties at 80% and 20% respectively. During the above exercise if only a sole tenderer emerges as L1 in the above exercise, 100 % work shall be allotted to the party in the applicable category. In case L1 tenderer(s) back out, L2 will be awarded the portion of work otherwise applicable to L1 provided L2 matches L1 rates. BPCL’s decision in this regards shall be final.

4. Confirmation of applicability of “Micro, Small and Medium development act, 2006

(MSMED Act 2006) (a) SELECTION CRITERIA: Selection of vendor(s) for each category (for 100% qty) will

be based on above clause no 2.2.1 to 2.2.3 and also as described below; under (b-1), (b-2) and (c).

(b) 1. In line with “Public Procurement policy for Micro and Small Enterprises (MSEs) order 2012”, 20% of the total quantity shall be earmarked for procurement from MSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarked for procurement from MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs. Provided that, in the event of failure of such Micro and Small

TENDER NO: 1000359794 9

Enterprises to participate in tender process or meet tender requirements and L-1 price, 4 % sub-target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from other Micro and Small Enterprises.

(b) 2. The above provision will be subject to MSEs quoting price within price band (L-1+15%); i.e. L-1 plus 15% and bringing down their price to L-1 in a situation where the L-1 price is from someone other than an MSEs. In case of more than one such MSEs, the supply shall be shared proportionately from the MSEs party. Necessary certificate issued by Authorized body under the Ministry of Micro, Small & Medium Enterprises shall be valid as on the date of opening of the tender. All the technical specifications / techno commercial terms and conditions and the pre qualification criteria are also to be fulfilled by the MSEs. In the event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L-1 price, the total quantity shall be given to non MSE tenderer(s) as per above clause 2.2.1 to 2.2.3. Clarifications if any, on this matter is to be obtained from our office.

(C) In case of situation (b-1) and (b-2) above, bifurcating of 20% quantity; will be

allocated out of 100% of the tendered qty. In such a situation, BPCL shall place separate POs (separate P. O. as per clause 2.2.3 on “Non-MSE-Vendor(s)‟ at applicable ratios for 80% of the tendered quantity and another P. O. on “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for the remaining 20% of the tendered quantity). In case of more than one “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; the supply shall be shared proportionately from the earmarked quantity, as described in (b-2) above. In such a situation additional POs shall be placed by BPCL. Further, it is also to be noted that in case of MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs, BPCL shall place an additional P.O. on “MSE-SC-ST‟. However, qualifying terms and conditions for placement of P.O. and the quantity allocation shall be as described in (b-1) and (b-2) above. It is to be noted that choice of delivery locations will not be given to MSE party allocated 20 % of the tendered quantity vide purchase preference clause.

BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding.

5. The rates in the price bid should be submitted online and no physical document should be submitted. In case tenderer does not want or is not eligible to quote for any particular category(s), tenderer may put rate as zero (0) in the price bid submitted online for those category(s). i.e. rates submitted as zero (0) in any of the category will be treated as ‘not quoted’.

6. The Corporation does not guarantee any minimum business and the estimated quantities

given in the tender are only indicative.

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2.3 EARNEST MONEY DEPOSIT (EMD) & TENDER DOCUMENT FEE 1)Tenderer shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD per tender by Demand Draft drawn on any Scheduled Bank payable at Kochi / Ernakulam in favour of BHARAT PETROLEUM CORPORATION LTD. 2)Tenderer shall pay Rs. 1,180/- (Rupees One Thousand one hundred and eighty only) as Tender Document Fee by Demand Draft (Non-refundable) drawn on any Scheduled Bank payable at Kochi / Ernakulam in favour of M/s. BHARAT PETROLEUM CORPORATION LTD. The above two DDs, with a covering letter should be put in an envelope, sealed and superscribed with the Tender / CRFQ no. & due date and should be submitted / deposited in the Tender box at the Territory office address given below: Territory Manager (Indl.,) Bharat Petroleum Corporation Ltd., I&C Territory, Kochi Refinery Marketing Office, Ambalamugal, KOCHI – 682302, Kerala. Bids received without EMD / Tender Document Fee shall be rejected. 2.4 SUBMISSION OF TENDER: 1) The tenderer should download the tender document from e-procurement system on https://bpcleproc.in and after carefully reading the same, should upload under his/her login ID the complete document with all the annexures / attachments duly filled up with all the details , documents signed & stamped in all the pages as token of acceptance of all terms & conditions therein. 2) The Bid consisting of the following documents to be submitted online @ https://bpcleproc.in

a. Credential / Technical Bid (Un-priced) b. Price Bid

3) The closing date & time for submission of online bids as well as submission of DDs is 03:00 pm on 24.11.2020. 4) Offers may be submitted by: i. Proprietorship firms / Individuals who are Indian citizens, who have attained the age of majority; or ii. Partnership firm consisting of Indian citizens; or iii. Co-operative society of which all the members are Indian citizens; or iv. Company duly registered under the Companies Act, 1956 provided they comply with the conditions contained hereinafter.

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2.5 NATURE OF WORK, LOCATION & PERIOD OF CONTRACT.

1) E-bids are invited from eligible tenderers for BUNKER SUPPLY OF BLACK OIL (VLSFO 380 cst) BY BARGE TO COASTAL / FOREIGN VESSELS AT KOCHI PORT BERTH / OUTER ANCHORAGE (OPL).

2) The contract shall be for a period of 2 (TWO) years from the date of award of job.

2.6 SIGNING OF AGREEMENT: Each successful tenderer will have to sign the Agreement and Integrity Pact, as per the drafts attached as Annexure-1 & Annexure-2 respectively of the tender document. The period of agreement with the successful tenderer would be 2 (TWO) years w.e.f. the date of award of Letter of Intent (LOI). Further, this agreement would be subject to the right of BPCL to terminate it pre maturely as per relevant clause. 2.7 SIGNING OF INTEGRITY PACT: The tender document must be accompanied with the Integrity Pact (IP) duly signed by the Tenderer as per Annexure-2. a) The Pro-forma of Integrity Pact shall be returned by the tenderer/s along with the bid documents duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Tenderer’s failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation. b) If the Tenderer has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Tenderer Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact. c) If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact. d) Tenderers may raise disputes/complaints, if any, with the nominated Independent External Monitor. The name/address/contact numbers of Independent External Monitors (IEM) who have been appointed by CVC to oversee implementation is given below :

Shri. Ramabhadran Ramanujam

Shri. Virendra Bahadur Singh Shri. Anupam Kulshreshtha

ADDRESS ADDRESS ADDRESS

44/24, 3rd trust Cross Street, Mandavelipakkam, Chennai 600028.

H.No. B-5/64, Vineet Khand, Gomati Nagar, Lucknow - 226010

B-3/3, ‘Yarrows Apartments’, Plot C-58/5, Sector 62,

Noida, UP -201309

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[email protected] [email protected] [email protected]

Mob. 9495511954 Mob.8853760730 Mob. No. 9968281160

2.8 TENDER OPENING: 1) The tender opening date & time is as specified in NIT, which is 24.11.2020 at 03:30 pm and the tender opening will be done online through https://bpcleproc.in. 2) On-line credential / technical bids of only those tenderers shall be opened who have submitted both the DDs (Tender Document fee & EMD). 3) Tenders received late for whatever reasons / without Tender Fee, EMD / submitted at the wrong address / in complete in any other respect will not be considered. 4) The tenderer may witness the tender opening through e-procurement (e-bid) system on https://bpcleproc.in. IMPORTANT: a. It is mandatory that, before closure of the tender at 03:00 pm on 24.11.2020, the tenderer should submit the physical DDs towards Tender Document Fee & EMD as per Tender document. b. Tenderers shall submit Price Bids only through e-bidding. c. All revisions, clarifications, corrigendum, addenda, time extension, cancellation etc., if any, shall be hosted on https://bpcleproc.in only. Tenderers / Tenderers should regularly visit the website to keep themselves updated. 2.9 OPENING OF PRICE BID: 1) Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found to be qualified as defined in the tender document. 2) The tenderers qualifying in the Technical Evaluation will only be considered for opening of price bids. After scrutiny of the technical bids, the eligible tenderers shall be notified regarding date, time and venue for the opening of price bids. 3) The price bid will be opened only through the e-procurement system on https://bpcleproc.in. 4) The price bids will remain valid for 180 days from the date of opening of the Technical Bid unless extended by mutual consent in writing. The Corporation reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

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3.0 PARTICIPATION: (i) Tenderers are requested to view / download the tender document from the website https://bpcleproc.in. or https://www.bharatpetroleum.in/tenders/view-tenders.aspx and go through the same carefully. The eligible tenderers meeting the minimum qualification criteria specified may participate. (ii) If it is found that the tenderer has applied although he/she was not eligible as per conditions laid down in minimum qualification criteria of this tender or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material facts whether at the time of application or at the time of execution of agreement, the tender/ allotment will be rejected / cancelled summarily without issuing any show cause notice for the same. In case of such cancellation, entire amount deposited against EMD/ security deposit amount shall be forfeited. 4.0 TENDER GUIDELINES - TERMS & CONDITIONS: 4.1 GENERAL: 1) Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the BPCL & any of its subsidiary Companies, IOC or HPC or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderers part entitling BPCL to all rights and remedies available thereof including termination of contract. 2) In case it is observed that all the tenderers or a group of tenderers have quoted in cartel, BPCL reserves the right to reject some or all the bids of the tenderers who have quoted in cartel, without assigning any other reasons for the same. 3) Rates quoted would be valid and binding on the tenderer for 180 days from the date of opening of Technical Bid unless extended by mutual consent in writing. During the validity period, tenderer will not be allowed either to withdraw or revise his offer on his own. Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual period. 4) BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to: a. Negotiate with any or all tenderer/s b. Distribute the work among Tenderers; c. Reject any or all tenders either in full or in part. 5) The tenderer should study all the operational aspects of the job and must fulfil the safety, security, environmental, Port / MMD / DG Shipping / MARPOL and any other statutory regulations/requirements for the licensing and operation of the barges for loading and delivery of bunker fuels to vessels calling at the Kochi Port / Port limits. Tenderers would be presumed to have acquainted themselves with the working conditions of the job, the scope & nature of all the activities before submission of the tender.

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6) Tenders not meeting the tender terms & conditions or incomplete in any respect or with any additions / deletions or modifications, tender documents received without Tender Fee / EMD, are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding. 7) Incomplete or conditional offer and those with counter condition to the prescribed terms and conditions of the tender documents are liable to be rejected. 8) The estimated quantity for contract job mentioned in the tender document is only indicative and the actual quantity may vary. BPCL does not guarantee any minimum quantity per month or for the entire contract period including extensions. 9) 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 shall be a ground for rejection of tenderer. 4.2 MINIMUM QUALIFYING CRITERIA: a) Experience Criteria: i) The Tenderers should possess minimum THREE (3) years of experience in bunker supply of any grade of Black Oil or White oil through Barge to the vessels at any Port during the last seven financial years ending 31.03.2020. The above experience may be for a continuous period or a cumulative period of three years.

ii) Documents to be submitted: The tenderers should provide self certified copy of PO / Work Order / LOI / Agreement along with the work completion Certificate issued by the relevant principal in support of the above experience. The above documents should be accompanied with TPIA’s certificate listing the same, confirming qualification of this criterion and verification with originals. iii) If the documents are in language other than English, translated (into English) copy/copies of the Work order / Certificate / Agreement duly Notarized must also be submitted. b) Financial Criteria: i) The minimum average annual financial turnover of the tenderer/tenderer during the last 3 consecutive years ending 31.03.2020 shall be as follows.

Rs. 24 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port Berth.

Rs. 116 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port OPL in Non-Monsoon Period.

Rs. 68 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port OPL in Monsoon Period.

For tenderers bidding for more than one category as above, the sum of respective minimum annual financial turnover as stated will be applicable. E.g. tenderers quoting for berth supplies and OPL (non-monsoon) supplies will have to establish Rs.140 Lakhs average annual financial turnover in the last 3 consecutive years.

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ii) Documents to be submitted: Tenderers shall submit audited balance sheets and P&L accounts for last 3 financial years ending 31.03.2020 along with acknowledged IT returns. iii) Tenderers shall submit Solvency Certificate from the Bankers as follows. These amounts are derived by taking the monthly contract value in respective categories rounded off to next one lakh as the payment cycle to be followed is monthly.

Rs. 7 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port Berth.

Rs. 33 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port OPL in Non-Monsoon Period.

Rs. 19 lakhs for Bunker Fuel Transportation & delivery of all stem sizes at Kochi Port OPL in

Monsoon Period.

For tenderers bidding for more than one category as above, the sum of respective amounts as stated will be applicable. For instance, tenderers quoting for berth supplies and OPL (non-monsoon) supplies will have to provide Solvency certificate of Rs.40 Lakhs.

c) Technical Criteria / Operational Requirements

Tenderer to offer self-propelled barge(s) of minimum 400 MT capacity which should be owned or chartered. The barges offered should be capable of delivering / pumping product at a minimum average rate of 150 MT per hour for any vessel freeboard conditions.

Offered barges should be owned/chartered in the name of the bidding firm/company or in the name of the Proprietor, Partner(s) / Director(s) of the Firm / Company. If chartered, the charter agreement should be valid at least up to 31.03.2023.

Barge(s) offered in one category can be offered in other categories as well provided the criteria

with respect to quantity, Capacity and Class are met. The stems should be completed in one trip only.

The quantity, capacity and class of the barge(s) offered in each category should be as per the below table :

Category Minimum

Cumulative Barge carrying capacity in MT

Maximum No of offered barges to fulfil minimum carrying capacity (cumulative)

Class of Barge

At Berth – Stem sizes less than or equal to 400 MT

400

1

I.V./ RSV-Type 4 / MS class

At Berth – Stem sizes above 400 MT

1000 2 I.V./ RSV-Type 4 / MS class

OPL (Non-monsoon)- Stem sizes less than or equal to 400 MT


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OPL (Non-monsoon) - Stem sizes above 400 MT and less than or equal to 1000 MT


OPL (Non-monsoon)- Stem sizes above 1000 MT


OPL (Monsoon) - Stem sizes less than or equal to 400 MT

400 1 RSV-Type 4 / MS Class

OPL (Monsoon) - Stem sizes above 400 MT and less than or equal to 1000 MT


OPL (Monsoon) - Stem sizes above 1000 MT


Note: Standard Industry Conversion factor of 1.0424 will be applied for converting KL to MT in case document proof offered for barge cargo carrying capacity is in KL (i.e., MT = KL / 1.0424). Barge Operator should give an Affidavit on Notarized Non Judicial Stamp paper for attaching the offered barges with BPCL for the contract period.

Documents required:

The barge owner / operator should submit all valid statutory licenses / certificates / permissions required for the all the activities for operating the barges as per the requirement of any Indian Port.

Documentary proof for establishing ownership / operatorship, availability of all valid statutory

licenses/ certificates/ permissions, delivery rate of barge(s) to be submitted duly verified and certified by TPIA. The TPIA should confirm the qualification of this criterion and verification of documents with originals. TPIA means the third party inspection agencies which are accredited under “NABCB accredited bodies as per requirement of ISO/IEC 17020 as Type A” in QCI’s NABCB website (nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php).

4.3 INSTRUCTIONS TO TENDERERS: 1. Tenderers are requested to study the tender documents /Annexures / Attachments carefully and understand the requirements, conditions etc., before quoting. Offers should be strictly in accordance with the tender terms and conditions. 2. All the terms and conditions mentioned in the tender document, along with all Annexures / Attachments / Supporting documents / Corrigendum(s) shall form part of this tender. 3. No deletion or overwriting in the documents is permitted. Corrections, if any, should be attested under the full signature of the tenderer. 4. Bids submitted after the due date and that not in conformity with the prescribed terms and condition and specification are liable to be rejected. BPCL shall take no responsibility for

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documents received after last date and time due to delay or any other reason and no claims on this account shall be entertained. 4.4 EVALUATION / RANKING OF THE TENDERERS: 1) This Public e-Tender is floated in two bid system i.e. Technical bid & Price bid. Initially, the technical bids will be opened on scheduled date and will be evaluated on the various parameters stipulated in the tender document.

2) Evaluation of Technical bid shall be based on the barges offered meeting the complete requirement. BPCL will conduct scrutiny of the submitted documents for the various MQC criteria, barges offered etc., by a team of company’s officials to verify the same and technically evaluate the tenderers. The decision of the company in this regard shall be final and binding on the tenderer. 3) The successful tenderer(s) should ensure physical placement of barges ready in all respects for loading at location within 15 days from the issuance of LOI .If the tenderer emerging as L1 does not have the requisite barge(s) in readiness, BPCL shall at its discretion provide additional time of 15 days from the date of LOI to the tenderer for making available the barges in all respects at Kochi Port for the operations. The tenderer’s capability for the same shall be assessed during the technical evaluation considering the extent of availability of ready barges, nature and quantum of works to be undertaken so as to make the same fully ready with requisite licences/permissions/approvals, if such time is granted. 4) Subsequent to the issue of LOI and additional time granted as above, if the barges are still not made available for operations, then further time extension, as absolutely necessary & appropriate, may be given by BPCL at its sole discretion to protect its business interests. Thereafter the EMD and SD of the tenderer shall be forfeited and no additional time shall be granted to the tenderer in this regard. Further, actions on such party shall be taken as per BPCL policy. In such eventuality, BPCL will be free to conduct negotiations with the L-2 party for finalizing the contract. 5) Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on a notified date which will be communicated only to technically qualified tenderer(s). 6) The lowest cost to the company shall be the sole criteria of evaluation of price bid separately for each category and contract shall be awarded on L1 basis for the respective categories.


1.1


1.1.1 Stem sizes less than or equal to 400 MT 1.1.2 Stem sizes above 400 MT 1.2 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Non Monsoon

period 1.2.1 Stem sizes less than or equal to 400 MT 1.2.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.2.3 Stem sizes above 1000 MT

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1.3 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Cochin Port notified Monsoon period

1.3.1 Stem sizes less than or equal to 400 MT 1.3.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.3.3 Stem sizes above 1000 MT

As such, the evaluation criteria for determining the lowest cost for each of the above shall be as follows:

The tenderers shall be evaluated and ranked as L-1,L-2 and so on based on the minimum cash out flow for BPCL in each category based on quantities estimated in the respective categories.

The rate finalized in the respective categories for the L1 tenderer will be offered to L-2 tenderer for acceptance and matching of L-1 rate. In case L2 tenderer is not ready to match L1 rates as above the same shall be offered to L3 and so on. The work will be then awarded to L-1 and L-2 parties at 80% and 20% respectively. During the above exercise if only a sole tenderer emerges as L1 in the above exercise, 100 % work shall be allotted to the party in the applicable category. In case L1 tenderers backs out, L2 will be awarded the portion of work otherwise applicable to L1 provided L2 matches L1 rates. BPCL’s decision in this regards shall be final.

Confirmation of applicability of “Micro, Small and Medium development act, 2006 (MSMED Act 2006) SELECTION CRITERIA: Selection of vendor(s) for each category (for 100% qty) will be based on above clause no 2.2.1 to 2.2.3 and also as described below; under (b-1), (b-2) and (c).

(b) 1. In line with “Public Procurement policy for Micro and Small Enterprises (MSEs)

order 2012”, 20% of the total quantity shall be earmarked for procurement from MSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarked for procurement from MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs. Provided that, in the event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L-1 price, 4 % sub-target for procurement earmarked for Micro and Small Enterprises owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from other Micro and Small Enterprises.

(b) 2. The above provision will be subject to MSEs quoting price within price band (L-1+15%); i.e. L-1 plus 15% and bringing down their price to L-1 in a situation where the L-1 price is from someone other than an MSEs. In case of more than one such MSEs, the supply shall be shared proportionately from the MSEs party. Necessary certificate issued by Authorized body under the Ministry of Micro, Small & Medium Enterprises shall be valid as on the date of opening of the tender. All the technical specifications / techno commercial terms and conditions and the pre qualification criteria are also to be fulfilled by the MSEs. In the event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L-1 price, the total quantity shall be given to non MSE tenderer(s) as per above clause 2.2.1 to 2.2.3. Clarifications if any, on this matter is to be obtained from our office.

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(C) In case of situation (b-1) and (b-2) above, bifurcating of 20% quantity; will be allocated out of 100% of the tendered qty. In such a situation, BPCL shall place separate POs (separate P. O. as per clause 2.2.3 on “Non-MSE-Vendor(s)‟ at applicable ratios for 80% of the tendered quantity and another P. O. on “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for the remaining 20% of the tendered quantity). In case of more than one “MSE-Vendor‟ falling in the Price Band of (L-1+15%); i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; the supply shall be shared proportionately from the earmarked quantity, as described in (b-2) above. In such a situation additional POs shall be placed by BPCL. Further, it is also to be noted that in case of MSEs owned by Scheduled Caste or the Scheduled Tribe Entrepreneurs, BPCL shall place an additional P.O. on “MSE-SC-ST‟. However, qualifying terms and conditions for placement of P.O. and the quantity allocation shall be as described in (b-1) and (b-2) above. It is to be noted that choice of delivery locations will not be given to MSE party allocated 20 % of the tendered quantity vide purchase preference clause.

BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding.

7) Tenderers should quote rates strictly as per the price bid schedule. 8) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s experience with them on their past performance. 9) Tenderers will be listed in ascending order as per their ranking. Tenderer with minimum financial outgo to BPCL will be ranked L-1. Tenderer with the next lowest financial outgo will be ranked L-2 and so on. The list will include all the technically qualified tenderers in the ranking based on the rates quoted by the respective tenderers. 4.5 EARNEST MONEY DEPOSIT (EMD): 1) Tenderers should submit an EMD of Rs.1,00,000/- (Rupees One Lakh only) by Demand Draft drawn on any Scheduled Bank in favour of “M/s Bharat Petroleum Corporation Limited”, payable at Kochi / Ernakulam in a separate envelope marked “EMD – Tender Ref. No.1000359794” along with the DD for Tender Document Fee to the Territory office address given above. Tender documents received without EMD / Tender Document fee shall be rejected. 2) Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected. 3) No interest shall be payable on EMD. 4) EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL’s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to offer the barge / facilities to BPCL as per the conditions of the Letter of Intent (LOI) / award of contract.

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5) EMD would be refunded only after finalization of the tender, upon receipt of written request from the tenderer. 6) Micro and small Enterprises (MSEs) registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempt from Tender Fee and EMD for the item mentioned in the tender. Tenderer has to upload the EMII Registration Certificate as mentioned above to claim exemption for Tender Fee and Earnest Money Deposit (EMD) and copy of the document has to be sent to above mentioned address and dropped in the tender box on / before the due date and time mentioned in the tender. The tenderers submitting the MSE Registration certificates also have to upload a certificate issued by a Chartered Accountant post the date of publishing the tender as per Attachment 11. In case the certificate is issued by National Small Industries Corporation, the CA Certificate is not required. 4.6 NEGOTIATIONS: 1) The Corporation reserves the right to negotiate with any or all the tenderers. In such an event, BPCL shall invite the tenderers for negotiations solely at tenderers cost. 2) Only the proprietor of the firm or the legally authorized representative of the firm will be allowed to attend such negotiations, at their own cost, as commitments made and/ or clarifications given during the negotiations will be binding on the tenderer/s. He/ She should carry the necessary authorization to attend such negotiations and to hand over an authenticated copy of the same to BPCL’s representative/s participating in negotiations. 3) No tenderer shall be allowed to counter offer rates lower than the L1 rate. 4) Any offer received from the tenderer without being asked by the Corporation shall be treated as unsolicited offer from tenderer and same shall be rejected summarily. Similarly, any offer received after due date and time stipulated by Corporation, shall not be considered. 5) Originals of the documents submitted online / as copies and the documentation to substantiate statements made in the tender document are to be produced for verification by BPCL during negotiations or at any other time at the discretion of BPCL. 4.7 SECURITY DEPOSIT (SD): 1) Successful tenderers will be required to furnish SD within 15 (fifteen) days of issuance of LOI/ Work Order. 2) The security deposit shall be 5% of the contract value excluding GST either in the form of DD in favour of M/s.Bharat Petroleum Corporation Ltd., payable at Ernakulam or Bank Guarantee strictly in the specified format, valid for the full period of contract and an additional period of 6 (six) months beyond the tenure of contract. This shall be applicable on the extension period of the contract also. In case of revision in the BG format, the same shall be complied with by the successful tenderer. 3) Interest is not payable on SD.

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4) Any loss/ claim and/ or damage arising out of the performance of the contract would be adjustable against the SD. Any loss/ claims/ damages higher than SD will be recovered from payments due to the Contractor under this contract or deposits made by or payments due to the Contractor under any other contract with BPCL. 5) Security deposit would be refunded after six months of expiry of the contract on written request from the Contractor and subject to fulfilling all terms and conditions of the contract. 6) Successful tenderer will be entrusted with the contract work only after signing of Agreement and providing to us the DD / Bank Guarantee towards Security Deposit. 7) In the event of the tenderer failing to perform any of his obligations as specified in this tender document, the Company at its discretion may obtain the services of other service providers and recover the charges incurred from the tenderer along with forfeiture of Security Deposit and the tenderer shall be liable to fully reimburse Company all additional expenses so incurred by the Company and besides compensate the Company for any consequential loss arising out of the tenderer’s default. 4.8 CONTRACT PERIOD: Unless otherwise specified or agreed to, the contract shall be awarded for a period of TWO (2) years. If the performance of the contractor is not satisfactory to BPCL, the contract will be terminated by giving one month time / notice. If the contractor decides to discontinue the contract, he can do so by giving three months’ time notice in advance. Security Deposit will be forfeited in both the cases. 4.9 EXECUTION OF AGREEMENT / INTEGRITY PACT : 1) Successful tenderer/s will be required to execute the Agreement, in requisite stamp paper within 15 days from the date of issue of LOI. 2) Tenderers are advised to carefully scrutinize the specimen set of Agreements and Forms attached with tender documents / downloaded from our website before submitting their tender. 3) When the person signing the tender is not the authorized signatory, necessary original Power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should be produced before signing the agreement, and notarized copy of the power of Attorney of the person authorising should be submitted for the record of BPCL. 4) Failure to execute the agreement / Integrity Pact and/ or furnish required Security Deposit and / or not having the barges ready in all respects as per tender conditions may render the tenderer liable for forfeiture of Earnest Money Deposit / Security Deposit and termination of contract without prejudice to the rights of BPCL to recover the damages under Law. 5) All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers, Tender Terms & Conditions, Declarations, Agreement and other documents furnished with the Tender, Corrigendum(s) and related correspondences shall form part of the contract.

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4.10 Restrictions under rule 144 (xi) of the general finance rules (GFRS), 2017 This is with reference to the subject rule inserted by Ministry of Finance, Government of India in GFR vide OM no 6/18/2019-ppd dated 23 July 2020. Tenderers to confirm that they have read the clause(s) regarding restrictions on dealing with tenderer(s) of a country which shares a land border with India. Tenderers certify that they are not from such a country or, if from such a country, have been registered with the competent authority. Tenderers hereby also certify that they fulfil all requirements in this regard and eligible to be considered. Tenderers also confirm submission of evidence of valid registration by the competent authority, if applicable. Tenderers may refer to the details in this regard, @ https://pib.gov.in/PressReleasePage.aspx?PRID=1640778. Further, tenderers participating in the tender certify that compliance with above requirement. If such certification by tenderer whose bid is accepted is found to be false, this may be ground for immediate termination of its contract/registration and further legal action on the concerned bidding entity, in accordance with law.” 4.11 SPECIAL TERMS & CONDITIONS 1. The contract is for “Self propelled” barges only. Tenderers are requested not to offer Dumb barges / tugs for the above tender. Tenderer to offer self-propelled barge(s) of minimum 400 MT capacity which should be owned or chartered. The barges offered should be capable of delivering / pumping product at a minimum average rate of 150 MT per hour for any vessel freeboard conditions. Offered barges should be owned/chartered in the name of the bidding firm/company or in the name of the Proprietor, Partner(s) / Director(s) of the Firm / Company. If chartered, the charter agreement should be valid at least up to 31.03.2023. Barge(s) offered in one category can be offered in other categories as well provided the criteria with respect to quantity, Capacity and Class are met. The stems should be completed in one trip only. The quantity, capacity and class of the barge(s) offered in each category should be as per the below table : Category Minimum



Class of Barge


400

1








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Note: Standard Industry Conversion factor of 1.0424 will be applied for converting KL to MT in case document proof offered for barge cargo carrying capacity is in KL (i.e., MT = KL / 1.0424). Barge Operator should give an Affidavit on Notarized Non Judicial Stamp paper as per Attachment 9 for attaching the offered barges with BPCL for the contract period.

2. The barge(s) offered by the tenderer must be duly licensed by MMD/ DG(Shipping) and Port Authorities. Following documents/ Certificates as applicable must be submitted along with other tender documents. Documentary proof for establishing ownership / operatorship, availability of all valid statutory licenses/ certificates/ permissions, delivery rate of barge(s) to be submitted duly verified and certified by TPIA. The TPIA should confirm the qualification of this criterion and verification of documents with originals. TPIA means the third party inspection agencies which are accredited under “NABCB accredited bodies as per requirement of ISO/IEC 17020 as Type A” in QCI’s NABCB website (nabcb.qci.org.in/accreditation/reg_bod_inspection_bodies.php). (a) Lay-out of the Barge showing Bulk Cargo Handling facilities including stripping. (b) MMD Licence for the carriage of Petroleum in bulk by water as per rule 33 of Petroleum Rules

2002. (c) Latest Tank Calibration charts duly certified by IRS or any other classification society. (d) Certificate from approved classification Society/Maritime Board certifying that the vessel is

constructed in accordance with rules applicable at Mumbai / JNPT/ Kochi Port / Certificate of Registration under Inland Vessels Act, 1917;

(e) Certificate of Survey issued by the Directorate of Ports, Govt. of Kerala; (f) Harbour Craft licence issued by Kochi Port; (g) Pass Pilot Licence issued in the name of the Master of the Barge by Kochi Port. (h) Cargo boat licence issued by the Customs department; (i) License from Chief Inspector of Boats /Canal Officer, Govt. of Kerala (j) Hull & Machinery and Pollution & Environmental Risks Insurance policy as per Port / DG

Shipping guidelines; (k) Certificate of Indian Registry , Indian River-Sea Vessel Safety Certificate, Minimum Safe

Manning Document under RSV Notification, 2013 issued by DG Shipping for RSV Class barges.

(l) Any other statutory documents / licences / permissions pertaining to the barge as applicable and relevant for the tendered jobs.

3. The Bunker Barges offered shall be duly certified for ‘fitness for purpose’ by the competent authority designated under the statute in which the vessel is registered and shall be in class with a Classification Society recognised by the GOI. In case of barges registered under any act other than Merchant Shipping Act 1958, as amended, the vessel shall be in possession of a valid ‘Petroleum Licence’ issued by the Competent authority under the Petroleum Act 1934 and the Rules framed there-under, in addition to other statutory certificates as applicable. Barge should be classified by

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IRS or its equivalent agency acceptable to DG Shipping. The barge offered should comply with MARPOL 73/78 guidelines during entire contract period. The barge should have a valid Petroleum license or GTL ( General Trading Licence ) for vessels under the Petroleum rules, 2002 issued by the competent authority ( whichever type of barge is applicable). Provision of connecting drip sampler should be available with the barge. 4. The barges should be fully equipped to receive, transport, and decant bulk marine bunker fuels of all kinds (i.e., VLSFO 380 CST) from barges to ship’s tanks. Appropriate facilities to be available in the barge for ease and efficiency in pumping of high viscous VLSFO 380 cst cargo. 5. BPCL prefer to load the bunker barges minimum 24 hrs before the arrival of Vessel and for each bunker supply requirement during the contract period, BPCL will email barge loading indent to the barge contractor to position the barge for loading the product for onward supply to commercial / BPCL chartered vessels. The barge loading indent will be emailed to the Successful tenderer’s email id along with details on Loading Date/Time, Loading Berth, Vessel Name, Quantity, delivery location, Vessel ETA, Vessel Agent details. BPCL will make all efforts to give minimum notice period of 12 hrs to the tenderer to place barge for loading. However, the tenderer should be able to place barges for loading with notice less than 12 hrs also. The Barge contractor will keep the barges ready in all respect to receive the product, adhering to the date/time/Berth informed by BPCL. In case of abnormal detention to the tank truck at docks due to non-availability of Barge, BPC is at liberty to recover appropriate delay charges as mentioned below. The barge contractor should inform Terminal Manager the name and class of the barge being placed by him for the loading one day in advance to take loading permission. BPC will load the product through tank truck / Product Pipeline. Pipeline /TT unloading operation must be supervised by the Barge contractor as the quantity determination on board of the barge will be the quantity actually unloaded from the tank truck or delivered by pipeline. . The quantity loaded in barge will be based on Shore tank dips only. Shore tank dips may be witnessed by customer representative, surveyor, barge representative etc. Product accounting will be solely based on shore tank measurement. In case of any loss in transit, the same will be recovered from contractor’s running bills/security deposit. If the barge is loaded through tank trucks, the quantity loaded in to the barge will be based on the tank truck dip measurement as per the calibration chart of the tank truck. The temperature & density of product supplied ex TTs shall be tank temperature & density of the location tank. The barge master should sign BDN/MDR immediately after barge loading. Necessary documentation for barge operation / Tank Lorry receipts including time sheets should be completed by the barge contractor and the same should be handed over to BPCL representative. 6. Delay Charges - In case of non-availability / non placement of the offered / attached barges, the barge contractor shall position alternative barge(s) acceptable to BPCL for loading within the time specified in barge loading indent email. In cases of delay in positioning barges for loading, a penalty of Rs.15000/- per day (24 hrs) for supply at berth and Rs 30000/- per day (24 hrs) for supply at OPL, will be levied on a pro rata basis for delays exceeding 3 hours from the time of BPCL’s request and any additional cost incurred to hire the alternative barge to be borne by the barge contractor. No Show Charges – In case the bunker order is getting cancelled or BPCL is required to arrange alternate barges, both because of failure on barge operator’s part to place the barge for loading on the date and time notified by BPCL through the barge loading indent email, the same will be treated as No Show and No Show charges shall be applied at the discretion of BPCL. The No Show charges shall be Rs 62500 lumpsum.

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The Delay Charges and No Show charges will not be applied in case the attached barges of the successful tenderer (s) are engaged in EXMI/Delivered supply of BPCL product. BPCL’s decision in this regard shall be final. Taxes extra on Delay/No Show charges as applicable.

7. The contractor shall at their own cost, keep the Barge/s insured against all accidents and damages, third party liability including Marine Oil Spills, Pollution / Environmental risks and liabilities by taking adequate Hull & Machinery and P&I cover as per statutory / Port / DG Shipping requirements. The contractor shall ensure that the bunker barges or other means engaged for transport of bunker shall be in possession of a valid insurance cover in respect of third party damage, marine environment pollution damage and clearance of pollution liabilities, for an amount acceptable to the concerned Port Authorities. 8. During every bunkering operation, the bunker barge shall have on board adequate means for the mitigation of any potential pollution, including supplies of approved absorbent materials and oil dispersants; but oil dispersants shall only be deployed with the permission of the local authorities, taking into account the circumstances of each case. 9. Contractor shall ensure that a Bunker barge engaged by him has on board adequate number of personnel fully trained in the effective handling, usage and application of all pollution prevention/ control equipment and media, and has on board effective pollution prevention/control contingency plans covering the most environmentally hazardous incidents that can occur during bunker supply operations to other ships.

10. A copy of the above policies / documents to be given to BPCL for records.

11. The contractor shall be responsible to pay all port dues, taxes, berthing, pilotage, light dues etc wherever applicable in connection with the stay & operation of the barge(s) in Kochi Port / Port limits. However, port payments in connection with loading of bunker cargo (i.e., Berth hire charges limited to the period of stay at berth for loading of bunkers & Wharfage) shall be the responsibility of BPCL.

12. The contractor may be even required to work day and night round the clock irrespective of Sunday/Holiday by paying overtime to the members of the crew and work in an efficient manner to the satisfaction of the Corporation’s officials and the customers of the Corporation. No extra charges will be payable at any cost.

13. Other terms and conditions of the contract will be as per the Corporation’s standard rules and regulations.

14. The contractor should timely fulfil the requirements for barge transportation of any stem sizes indented by BPCL which is relevant for the category applied irrespective of offered barges’ carrying capacity. In the event of any failure by the contractor to provide the Barges to meet BPC’s requirements at any time during the tenure of the contract for any reason whatsoever, the Corporation (BPCL) will be at full liberty to engage other contractors / barge operators to meet the business commitments at the risk and cost of the contractor. In such case, BPCL at its sole discretion may forfeit the Security Deposit paid by the barge operator. The barge operator can use the Barges offered/attached to BPCL for other OIL PSU/MNCs/EX-MI bunkers, after obtaining prior approval in writing from the Location-In-Charge/Authorised Officer of BPCL Kochi I&C. In case the barge operator uses the Barges offered/attached with BPCL for other OIL PSU/MNCs/EX-MI bunkers without prior approval from BPCL as above, the same will

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be treated as No show and No show charges shall be levied on the barge operator for each such bunker loadings. The barge contractor can utilize the barge services for BPCL nominated Ex.MI bunkers also. The contractor shall ensure that the loaded bunkers are supplied to the nominated vessels within time of stay of vessel at berth/outer anchorage without any delay. It is the responsibility of the contractor to avoid instances of carrying other oil PSU’s/MNC’s /Customers product in barge tanks along with BPCL’s product, unless permitted by BPCL. 15. The successful Tenderer to whom the contract is awarded, shall execute with BPC an agreement as per its standard format, copy of which is given along with the Tender.

16. During the currency of contract, no upward revision of rates will be allowed. The period of the contract will be for TWO (2) YEARS from the date of award of LOI. Contractors should be in a position to take up the work and position the Barges ready in all respects as per point 3 in clause 4.4.

17. Contractor to supply all equipments, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge should always carry valid test certificate as approved by the authorities, i.e., IRS / other Competent Service providers for the hoses used in bunkering operation. Hoses and other cargo transfer appliances shall have their maximum permissible pressure rating and date of last pressure test clearly and indelibly indicated on them by a testing facility recognised by the competent authority. Tests shall be done according to their manufacturer’s specifications at intervals which are in accordance with their manufacturer’s recommendations, but in any case not exceeding one year. Valid original pressure test certificates should be on board & produced at all times to get Fire Permissions from Cochin Port. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of loading / unloading the product from TT’s or receiving the product by pipeline and also at the time of delivery to vessels. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

18. All the requirements of oil pollution control cell of Kochi Port Trust or any other Govt. body will be observed by the contractor. Any violation of such rules including Oil Spill will be the responsibility fully borne by the contractor and penalties/fines arising out of the same will be fully borne by the contractors. Contractors to keep BPC indemnified against such penalties/fines.

19. Delivery of product from the barge in midstream/at Jetty etc. should be made efficiently and to the utmost satisfaction of the customer. The contractor will be responsible for both quality and quantity of the product till final delivery and till clean acknowledgement in all BPCL papers (BDN / Invoice / Shipping bill / QC report etc.,) is obtained from the customers. The successful tenderer(s) is responsible for supervision of bunker delivery and obtaining signature from the vessel’s Master/Chief Engineer, “Bunker Delivery Notes etc.” as per requirement safely without delay. Barge contractor should have an experienced coordinator posted at Kochi Port with sufficient authorised representatives to co-ordinate the day to day activities with BPCL, BPCL Surveyors, BPCL Custom House Agents, Vessel Agents, Ports etc at the operating area, port limits & loading points.

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20. In case the product received on board the barges is not delivered due to any reason, such matter shall be immediately brought to the notice of BPCL in writing. 21. Contractor will be responsible to prepare and complete all Bunkering documents as required under MARPOL regulations approved by DG Shipping. All delivery procedure should be in accordance and conform to the requirements of Annex VI regulations of MARPOL 73/78 and any subsequent amendments / notifications from time to time. The barge operator shall comply with the requirements of adequate lighting provision in the barge as per MB Lal committee recommendation for various operations.

22. BPC will not provide any mobilization charges for bringing the barge to the site within the port limits of Kochi after successful award of contract. 23. Barge contractor is required to indicate complete technical details of barges offered as indicated earlier. BPCL & its authorized employees may at any time shall have access to barges for the purpose of inspecting the barges and assessing whether the Masters, officers and crew are carrying out their duties in accordance with contractual obligations;

24. The barge contractor shall make available adequate number of barges to fulfil the barge transportation indents placed by BPCL. IF THE ATTACHED BARGE(S) IS OUT OF SERVICE FOR ANY REASON, TENDERER SHALL PROVIDE A SUBSTITUTE BARGE AT THE SAME RATE, TERMS AND CONDITIONS SUBJECT TO ACCEPTANCE BY BPCL. In case the attached barge(s) are unavailable for more than 15 days, during the course of contract for whatsoever reason, the tenderer has to offer substitute barge(s) of similar or better capacity and class ready in all respects for loading at Kochi Port from the 16th day to attach with BPCL in place of old attached barge failing which suitable action will be taken against the tenderer including the forfeiture of Security Deposit. Decision of BPCL will be final in this regard. The substitute barges offered during the course of contract are to be attached with BPCL and Barge Operator should give an Affidavit on Notarized Non Judicial Stamp paper as per Attachment 10 for attaching the replacement barges with BPCL for the balance contract period. The contractor has to arrange alternate barges to take care of any supplies during these fifteen days failing which Delay charges / No Show charges shall be applied. 25. Barge contractor is required to keep the barges parked on their own during idling time anywhere in the operating area and should report at Black oil loading berths at Kochi Port like SCB and Q4 or any other jetty depending on the instructions from BPCL representatives. The barge contractor or his authorized representative in Kochi shall call BPCL to receive instructions regarding transport of bunker fuels to be undertaken by them & arrange barges immediately on round the clock basis as and when informed by BPCL representatives, failing which suitable action will be initiated against the contractor. Successful tenderer should have a loading supervisor to co-ordinate for all bunker activities with BPCL and the concerned vessels.

26. Barge contractor is responsible for ensuring safe mooring of barges, submission of proof for last (immediate) product handled, checking emptiness / cleanliness of barge tanks, check for presence of water / foreign material before and after loading with BPCL Surveyors / Supply location officers, carry out checks as per check list, ensure hose connection/disconnection & bonding, ensure no spillage during loading / unloading, Co-ordinate & line up with BPCL supply location for loading, ensure loading up to ordered / nominated quantity (ensure quantity loaded does not exceed order quantity), verification of quantity loaded with Surveyors, sealing of barge tanks compartment wise,

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obtaining all documentation & sampling equipment & accessories from BPCL representative, collect information regarding delivery location, Ship Details, time of delivery etc, get clearance to leave jetty. Contractor to ensure employment of adequate and trained staff in the barge for the end to end operations of bunker loading and delivery.

27. Barge Contractor should keep track of the bunker receiving Vessel’s ETA, its berth at Port and carry out bunkering in close co-ordination with BPCL Custom House Agents (CHA), Vessel Agents, Surveyors & Port Fire Departments. Barge contractor to work closely with BPCL Custom House Agents for all necessary formalities from Port /Customs connected with supply of bunker to vessels. Also liaise with Vessel personnel /Chief Engineer of Vessel for the safe mooring of barges at vessel end & necessary permissions from Vessel for commencement and completion of bunker including hose connection and disconnections at vessel end. Barge should also be provided with adequate fenders all around for safe mooring at vessel end & to prevent damage to the receiving vessel during bunkering. Barges must be kept clean at all times. Paint work on deck and deck pipelines must be maintained at all times. The bunker barge shall be fitted with adequate safe lighting to cover the area of the bunker tanker, manifold connection and hose handling equipments. Barge operator shall collect details of information from vessel/vessel agents in advance for hassle free bunkering.

28. Barge contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring at vessel end, verification of quantity & seal numbers jointly with Surveyors/vessel representative, handing over all documents to Chief Engineer of Vessel, Connection/Disconnection of Hoses, Complete the pre-bunkering & pre-bunkering safety check lists with vessel representative, Obtain permission from BPCL custom House Agent/vessel Chief Engineer before pumping, Connect drip sampler at Vessel manifold & hand over sample bottles, Monitor bunker supply /loading operations including maintaining the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by Chief Engineer of Vessel & submit acknowledged copies of documents along with sealed sample to BPCL representative. It shall be the responsibility of the contractor to obtain the receipted copy of the challan and other papers from the Master or his authorized officer duly stamped and signed for having received the correct quantity, quality of the product delivered to the vessel.

29. Ensure acknowledgements of all statutory / DG Shipping documentations pertaining to coastal bunkers & foreign bunkers including obtaining of Signature & stamp of Chief Engineer of the vessel in BDN, Shipping Bill, MSDS, QC certificate, Pre-bunkering, Pre-bunkering safety, Post Bunkering check lists, Survey Report, Customer Feedback form & Vessel Sample Documentation. Also arrange to collect product samples duly labelled and signed by Chief Engineer of Vessel.

30. Sampling at Vessel end:- Barge contractor is required to carry bunker sampling equipments and all related accessories in all bunker deliveries like drip sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sample bottles, Seals and labels will be provided by BPCL. Sampling equipments needs to be fixed at the vessel manifold in co-ordination with vessel representatives & sample to be collected in to cubitainer during the entire duration of bunker supply, which in turn is to be transferred to four bottles or more as warranted. Two nos. duly labelled, signed, numbered bottles to be given to vessel for their record (Vessel / MARPOL), one for the retention by the barge & one sample to be taken back for BPCL custody. Besides, sample given by Vessel if any is also required to be collected. Both the samples along with acknowledged documents are to be returned duly to BPCL representative before next bunker delivery. Retention of the samples given to barge during loading as well as delivery will be as per prevailing standard guidelines, currently to be retained for a period of ONE year.

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31. Adequate allowance should be given for tidal variations in advance in the trip time so that prompt bunker deliveries are effected at all times. Any claims on account of delayed deliveries due to tide will not be entertained at any cost.

32. Barges offered should be fitted with Suitable pumps for loading & unloading of VLSFO 380 cst (Class “C” product). The pumping equipments of the barge should be maintained by the barge contractor in good working condition during the period of contract. In case of any failure in pumping, alternate arrangements need to be made by the contractor for completing the operations without loss of time.

33. If due to slow pumping of the product from the barge, a consequential delay occurs to the vessel, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the slow pumping rate. 34. If due to slow voyage beyond the normal trip time (calculated based on the declared speed of barge), a consequential delay occurs to the vessel, the cost of such delays shall be debited to the barge contractor. The report of BPCL Surveyor will be relied upon for ascertaining the delays in voyages. This shall be in addition to the penalty on account of delay in placement of barges for loading. 35. The contractor shall ensure that there is no product diversion and shall supply in entirety the full quantity of product so received from BPCL to the nominated vessels. The invoicing of the product is as per the shore tank out turn quantity, any transit /operating loss including any excise duty / GST / any other tax liability will be on barge contractor’s account. Further, if the product is found contaminated in transit or at the time of delivery of product to the vessel, cost of product will be recovered from the Barge contractor & respective transportation charges will be recovered as appropriate.

36. If Barges are required to be operated in Inland waterways, Valid Fitness certificate /License from Chief Inspector of Boats & Canal Officer for operating through Inland water ways should be made available. Valid MMD license for Petroleum products & CPT license to operate in Port limits also needs to be furnished by the barge contractor for all barges.

37. Barge contractor should have an experienced coordinator posted at Ernakulam with sufficient authority to co-ordinate the day to day activities with BPCL, BPCL Surveyors, BPCL Custom House Agents, Vessel Agents, Port etc., at the operating area, port limits & loading points. Barge crew should be insured at all times.

38. Barge should carry sufficient ISI marked certified bunker hoses to perform bunkering operations. Barge should carry on board valid pressure test certificates of Hoses approved by Indian Register of Shipping (IRS) / Other Competent authority as per the requirement of Cochin Port for obtaining Fire permissions for each bunkering operation.

39. All Tenderers are requested to mandatorily make site visits and familiarize themselves with detailed scope of work, operating conditions during different seasons of the year, details of facilities available at loading points /operating /trading area / channel routes etc., before quoting for the tender. Any further information on site familiarization can be sought from BPCL before quoting. Claiming lack of knowledge shall not be a reason for exoneration of the tenderer of his contractual obligations, if the contract is awarded to him or for demand for increase in rate. Any Tenderer quoting for barges which are not complying with the above technical restrictions will be straightaway disqualified from the tender and their EMD will be forfeited.

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40. If the barges are not owned by the contractor, consent letter /lease agreement, proof of ownership and other documents from the owner agreeing to the contractor using the barge for transportation of VLSFO 380 cst for the contract period and permitting the contractor to do required modifications / repairs shall be furnished with the tender.

41. The contractor or his duly authorized representative shall take delivery of material for onward movement and the contractor shall always be responsible for safety and preservation of bunker fuels till is duly delivered at the destination points. The signing of BPC transit documents by the contractor’s representative shall be deemed to be acknowledgement of receipt of goods on behalf of contractor. 42. The contractor shall check each consignment received from Loading Points in the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc., if any, to the Terminal Manager. The quantity loaded will be based on Shore tank dips only. Shore tank dips may be witnessed by barge representative. Product accounting will be based on shore tank measurement. Drip sampler to be used by barge for sampling during the receipt. In case of non availability, shore tank samples will be used as reference for all matters relating to quality of product loaded. This sample will determine the quality of the product received by the barge. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc occurs after the product is handed over to the contractor, he shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the contractors bills /Security Deposit without prejudice to BPCL’s right to claim balance amount, if any from contractor. 43. BPCL shall have the right to object to any unsafe practice used or resorted to by the contractor and to direct contractor to carry out the job in a manner considered safe by BPCL and established best marine practices. Notwithstanding any instruction given by BPCL in this respect or in any other respect, the responsibility for the safe and prompt delivery of the materials shall be that of the contractor.

44. In case goods are held up en-route due to any break-down or accident or Force Majeure situation, the matter shall be intimated to BPCL immediately over phone or in person and confirmed in writing thereafter. Meanwhile Contractor has to arrange alternate barge for transferring product from damaged barge to new /fresh barge immediately and ensure that the product is delivered within the stipulated time with the quantity loaded at loading. Barge shall not stop anywhere en-route other than for reasons mentioned above.

45. In case of any necessity or dispute, testing of samples will be done at BPCL’s designated laboratory which may be witnessed by the representative(s) from both sides. The barge contractor is liable to make payment for such testing charges, if the quality failure is attributable to the barge and/or caused by or due to improper operations/conditions of equipments, tanks, hoses etc of the barge.

46. In case of quality failure claims payable to customer as per MARPOL and/ or other stipulations, the same if attributable to the barge contractor as given above, is fully payable by the barge contractor, including the cost of third party investigation/ lab testing of the off spec product incurred by BPCL.

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47. In case of any quality failure of product attributable to barge is detected during loading, unloading, transportation or storage, the entire claims payable to the customer due to delay in delivery of bunkers, if any, and the entire cost of giving alternate supply to the customer, incurred by BPCL is payable by the barge contractor.

48. Decision on off-spec product return, off spec product disposal and correction will be at the discretion of BPCL in accordance with Industry Quality Control Manual and / or other stipulations. There will be no cost payable by BPCL to the barge contractor for the period of handling of such off spec product in barge for all cases of quality failure attributable to the barge. 49. The barge contractor has to arrange for insurance coverage for risks associated with transport of product. The contractor has to arrange insurance coverage for his barge & barge crew. The contractor is responsible for any liabilities on account third party claims and marine pollutions. The barge contractors shall be liable for and agree to indemnify BPCL against all claims, costs, expenses, proceedings, actions, suits, demands & liabilities whatsoever arising out of actual or potential pollution damages and cost of clean up or control thereof arising from the acts or omissions on the part of barge contractors. Product Insurance is in the scope of BPCL. 50. In case it is found that the seals are tampered en-route and if there is a shortage in the quantity transported, the cost of short delivered material will be recovered from the contractor.

51. Compliance of Safety, Fire Protection and Environmental protection shall be the responsibility of the contractor. Clearances required from the Mercantile Marine Department (MMD), License from Cochin Port Trust as per “Cochin harbour Craft Rules for Petroleum Barges”, Canal License from Canal Officer, Govt of Kerala, Ministry of Environment & Forests, Explosive Department and Pollution Control Board (if any) shall be taken by the contractor. It will be the responsibility of the contractor to obtain at his cost all clearances or sanctions required from Statutory Bodies well in advance. Any damage, demurrage, or any other losses arising direct or consequential on account of any lapses in this regard shall be to Contractor’s account.

52. The security & safety of contractor’s belonging shall be arranged by him at his responsibility & cost.

53. The contractor shall obtain necessary passes for himself, his workers and representatives for entry inside the premises of Port and where loading /unloading points are located. Passes are not transferable and should be renewed on expiry.

54. The barge contractor shall assist BPCL at all time in increasing the bunkering business ex-Kochi locations.

55. Performance of the barge contractor shall be evaluated at the time of extension of contract based on broad parameters like timely placement of barges, timely delivery, crew behaviour, interaction with all stake holders in the bunker supply chain, adherence to all our tender conditions & Statutory compliance etc.

56. Barge contractor shall keep full and correct log /time sheet of the BPCL nominated voyages/idling periods, which BPCL or their representative may inspect as required. The contractor when required should furnish BPCL with a true copy of such log /time sheets and with the properly completed loading & discharging port sheets and voyage reports for each voyage and other returns as BPCL may require.

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57. Barge contractor shall submit bills along with details of voyage/BDN/time sheets of barge operations. Bills will be processed for payments only against due verification /certification by authorized BPCL representative.

58. Barge operator should at all times load, dispatch & discharge cargo as rapidly as possible when required by BPCL throughout day and night.

59. Per trip payment as per price schedule shall be paid only for authorized BPCL bunker deliveries. Any dead freighting /empty trips encountered unless ordered by BPCL shall be on Barge contractor’s account.

60. Barge contractor shall ensure that all statutory documents for trading in the Ports should be on board and any delay on account of the above will be to Barge Contractor’s Account 4.12 INVOICING & PAYMENT TERMS

The charges payable by BPCL to Tenderer and terms of payments shall be as per the agreed terms. Payment for the preceding month shall be made by BPCL within 15 days from the receipt of clear bill from the Tenderer upon successful completion of the services.

4.13 TAXES & ALL OTHER OUTGOINGS BPCL shall pay applicable GST extra (or as specified by the Government from time to time) on the gross amount charged by Tenderer for Services rendered. The percentage & amount of GST shall be indicated separately in the bills by the Tenderer. BPCL shall pay directly to the port / berth operator the wharfage for bunkering and Berth hire charges during the barge loading. All other Port payments are to be paid by the Tenderer / Barge Operator.

The vendor shall take steps viz., uploading invoice in GSTR 1 , payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws to enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the OWNER and/or to the extent of any loss accrued to the OWNER due to the non-availability of input tax credit or any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due to the VENDOR or shall be reimbursed by the VENDOR as the case may be till such default is either rectified or made good by the VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the time-lines as per applicable laws. Any cost, liability, dues, penalty, fees, interest as the case may be which accrues to the OWNER at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise due to default on the part of VENDOR shall be borne by the VENDOR. An amount equivalent to such cost, liability, dues, penalty, fees, interest as the case may be shall be reimbursed by the VENDOR within 30 days. Any GST as may be applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the OWNER.

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4.14 HOURS OF OPERATION The services to be provided by Tenderer under the Agreement shall be available to BPCL on round the clock basis throughout the year, including Sundays/Holidays, for all the operations and at no extra costs whatsoever to BPCL. 4.15 DUPLICATION OF CLAUSE: Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the clause which is beneficial to BPCL, will be considered applicable at the time of any dispute. 4.16 MISCELLANEOUS: 1) No unsolicited correspondence/ queries will be entertained while the award of the contract is under review / consideration. BPCL regrets their inability to answer individual queries. 2) If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the tender/ terminate the contract and reserves all rights and remedies available. 3) Online submission of tender document is a confirmation that the tenderers have fully read and understood the terms and conditions of this tender and have accepted the same in toto. 4) BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the tenderer/tenderers in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive. 5) BPCL reserves the right to withdraw or cancel this tender in full or in part at its sole discretion and without assigning any reason whatsoever at any time during the tender process. 6) The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat Petroleum Corporation Limited” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors and assigns. 7) In the event of discrepancy in tender conditions as stated in this tender document and the on-line forms, the version of this tender document shall hold good. 5.0 GUIDELINES FOR TENDERERS 5.1 GENERAL: 1) This tender is for Bunker fuel (VLSFO 380 cst) transportation and delivery of all stem sizes from Hired Terminal, Wellington Island to ships/vessels at Berth in Cochin Inner Port limits and at anchorage/Outer anchorage/Outer Port Limits (OPL). The deliveries are to be made in all seasons (Monsoon as well as Non Monsoon). 2) Tenderers shall log on to the e-procurement website https://bpcleproc.in and register themselves.

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3) The tenderer should download the tender document from e-procurement system on https://bpcleproc.in and after carefully reading the same and understanding, should upload under his/her login ID the complete document with all the annexures / attachments duly filled up with all the details , signed & stamped in all the pages as token of acceptance of all terms & conditions therein. 4) The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance. 5) For clarifications on tender conditions and e-bidding process, a pre-bid meeting shall be conducted on 10.11.2020 at 3:00 p.m. through video conference in Microsoft Teams. Meeting link as follows

Click here to join the meeting

All eligible tenderers are invited to attend the pre-bid meeting. 6) Copies of all the documents listed in the tender are to be uploaded duly self-attested / Notarised as the case may be, by the proprietor or director/partner of the firm. The original of these documents shall have to be produced for verification before the award of contract. 7) This tender is in 2-bid system, comprising of Technical Bid (unpriced) and Price Bid. 8) The tender document shall be obtained / applied by the party in its own name as the tender document is not transferable. 9) The tender should be strictly in line with the terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender documents shall be summarily rejected. 10) Counter terms and conditions from the tenderer shall not be accepted. Bids with such counter terms & conditions shall be rejected. 11) Tender terms and conditions mentioned in the tender should be carefully studied. The online submission of tender by the tenderer under their Login ID is considered as a token of acceptance of the terms and conditions therein. Tenderer should retain a copy of tender document submitted online for his/her reference / record purpose. 5.2 HOLIDAY LISTING: Tenderers should submit a declaration (on the tenderers letter head as per Attachment 7 ) to the effect that they are not currently serving any Holiday Listing orders issued by BPCL/MOPNG debarring them from carrying on business dealing with BPCL/MOPNG or serving a banning order by another Oil PSE. Offers/Bid not accompanied with a declaration shall be incorporated in rejection criteria. The guideline and procedure for Holiday Listing are available separately in BPCL website and shall be available in the context of all Bids floated and consequently all orders/contracts/purchase orders. It can be accessed using the following link: https:bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf.

TENDER NO: 1000359794 35

5.3 TECHNICAL BID: Submission of Technical Bid : Details of the documents to be submitted online are as under:

Sr. No.

Particulars Submitted Documents Online (Please “Tick”)

1 Tender document along with Annexure 1 ( Agreement ) & 2 ( Integrity Pact )

2 Particulars of Tenderer 3 Particulars of barges offered 4 Tenderer’s Covering Letter as per format 5 General Irrevocable Power of Attorney as per format 6 Details of relationship with BPCL Directors as per format 7 Bank Guarantee Format 8 Holiday Listing Declaration on tenderer’s letterhead 9 Checklist For Category Quoted/Applied By Tenderer 10 Affidavit 11 Vendor Enrollment forms 12 CA Certificate for MSE Vendors 13 Self attested copy of the acknowledged Income Tax Returns

for the latest three financial years ending 31/03/2020.

14 Self attested copy of preceding three years’ audited P&L account and Balance Sheet / Annual report ending 31/03/2020.

15 Self attested copies of Trading License or Firm / Company Registration Certificate.

16 Self attested copies of Partnership Deed or Certificate of Incorporation.

17 Self Attested copies of work order(s)/Certificate(s)/agreement(s) for experience in bunker supply of any grade of Black Oil or White oil through Barge to the vessels at Indian Ports accompanied with TPIA’s certificate listing the same,

18 Self attested copies of PAN, PF, ESIC, GST Registration certificates

19 Solvency certificate from Bankers

20 Self Attested copies of Barge documents / Licences / Permissions as applicable duly verified and certified by TPIA i.e., (Barge Layout showing Bulk Cargo handling Facilities including stripping, Certificate of Registration under Indian Vessel Act 1917, Certificate of Survey issued by state Maritime Board, Latest Calibration Charts duly certified by IRS/Classification Society/Naval Architect, License by Kochi Port Authorities certifying that the barge is permitted to ply in harbour with bunker fuels, Pass Pilot Certificate of the Barge from Kochi Port authorities for plying Barge

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without pilot, Marine Hull & Machinery Insurance Policy for the Barge, P&I Insurance for Pollution / Environmental Risks & Liabilities, Cargo Boat License issued by Customs Dept, MMD Certificate/ Survey certificate from Maritime Board / approved Classification Society and other authorized bodies for carriage of petroleum product as per rule 33 of Petroleum Rules 2002, Certificate of Class issued by recognized Classification society / Maritime Board for class barge offered, Canal license, Harbour craft license issued by Kochi Port & in case the barge is a leased / attached one, NOC from barge owner along with valid agreement between barge owner and Tenderer). Any other barge related documents (Please specify)

21 Tender Document Fee in the form of Demand Draft for Rs. 1,180/- (incl. GST).

22 EMD of Rs. 1,00,000/- by way of Demand Draft

23 MSME Registration, if applicable. 24 Integrity Pact (BPCL signed copy to be countersigned by

Tenderer with seal / stamp and uploaded)

25 Documentary proof for establishing delivery rate of barge duly verified and certified by TPIA which is registered under NABCB accredited bodies as per requirement of ISO/IEC17020 as Type A” in QCI NABCB website https://nabcb.qci.org.in as on the date of submission of the tender. All charges for the attestation and verification to be borne by the Tenderer.

26 General Conditions of Contract ( GCC )

5.4 PRICE BID:

1) Tenderer shall submit price bids online only by e-bidding through e-procurement system on https://bpcleproc.in under their login ID only.

2) The tenderer may quote for either or all of the categories of Barge Transportation

requirements of BPCL.

TABLE 1

S.no. Job Description Annual Qty (MT)


1.1 To ships/vessels at Berth in Cochin Inner Port Limits (to any berth/docks in Kochi Port, Vallarpadam Container Terminal, Cochin Shipyard Ltd., berths, Naval docks/berths or any other berths in Cochin Port area)

1.1.1 Stem sizes less than or equal to 400 MT 12300 1.1.2 Stem sizes above 400 MT 17900

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1.2 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Non Monsoon period

1.2.1 Stem sizes less than or equal to 400 MT 16500 1.2.2 Stem sizes above 400 MT and less than or equal to 1000 MT 20600 1.2.3 Stem sizes above 1000 MT 30200 1.3

To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Cochin Port Notified Monsoon period

1.3.1 Stem sizes less than or equal to 400 MT 5500 1.3.2 Stem sizes above 400 MT and less than or equal to 1000 MT 6900 1.3.3 Stem sizes above 1000 MT 10100

Notes : a) The minimum billable quantity for a Bunker supply of Black Oil by Barge to a vessel per

voyage/ trip will be 100 MT irrespective of the delivery location.

b) Rate to be quoted only on the basis of the estimated quantity / nos. given above and evaluation will be based on rates quoted excluding GST.

c) GST is payable extra as applicable on all charges. Current applicable GST is 5%. Statutory deductions (viz. TDS etc., ) as applicable, shall be made from monthly payments.

d) The estimated quantity given in the tender are only indicative and are subject to change depending upon business potential / operational / seasonality factors in the shipping / industrial sectors. BPCL does not guarantee any minimum throughput per month or for the contract period.

e) The quantity supplied in all the bunker supplies during the month shall be taken into

account for the above computation. Bunker Delivery Note and Shore Out Turn Report of the bunker deliveries will be relied upon for calculating the quantity of the bunker transportation.

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Technical Bid Annexure – 1

AGREEMENT FOR BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL / FOREIGN

VESSELS AT KOCHI PORT BERTH / OUTER ANCHORAGE (OPL)

THIS AGREEMENT made on this__________________ day of _________________, 2018

between, Bharat Petroleum Corporation Ltd., a Company incorporated under the Companies Act, 1956 and having its Registered Office at Bharat Bhavan I, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and also having office at I&C Territory, Kochi Refinery Marketing Office, Ambalamugal, Kochi-682 302 hereafter called “The Corporation”(which expression shall include its successors and assignees ) on the one part and M/s ______________________carrying on business in the firm name and style of M/s. ___________________________________________________________________________

___________________________hereinafter called The Contractors” (which expression shall be deemed to include his legal heirs, executors, of the present constituents in case of firm or official liquidator in case of company) of the OTHER PART.

WHEREAS THE Contractor is desirous of carrying out the work of BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL / FOREIGN VESSELS AT KOCHI PORT BERTH / OUTER ANCHORAGE (OPL) in the relevant categories with finalised rates and quantities as per following table for the Corporation and WHEREAS the Corporation has agreed to appoint the Contractor/s upon the terms and conditions hereinafter recorded. NOW THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows :-


Quantity in MT

Rate in Rs

1.1


1.1.1 Stem sizes less than or equal to 400 MT 1.1.2 Stem sizes above 400 MT 1.2 To ships/vessels at anchorage/Outer anchorage / Outer Port

Limits (OPL) in Non Monsoon period


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The minimum billable quantity for a Bunker supply of Black Oil by Barge to a vessel per voyage/ trip will be 100 MT irrespective of the delivery location.

GST is payable extra as applicable on all charges. Current applicable GST is 5%. Statutory deductions (viz. TDS etc., ) as applicable, shall be made from monthly payments.

The estimated quantity given in the contract are only indicative and are subject to change depending upon business potential / operational / seasonality factors in the shipping / industrial sectors. BPCL does not guarantee any minimum throughput per month or for the contract period. The quantity supplied in all the bunker supplies during the month shall be taken into account for the above computation. Bunker Delivery Note and Shore Out Turn Report of the bunker deliveries will be relied upon for calculating the quantity of the bunker transportation.

1. The contract is for “Self propelled” barges only. Contractor to offer and attach with BPCL, self-propelled barge(s) of minimum 400 MT capacity which should be owned or chartered. The quantity, capacity and class of the barge(s) offered in each category should be as per the below table : Category Minimum



Class of Barge


400

1












1.3 To ships/vessels at anchorage/Outer anchorage / Outer Port Limits (OPL) in Cochin Port notified Monsoon period

1.3.1 Stem sizes less than or equal to 400 MT

1.3.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.3.3 Stem sizes above 1000 MT

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Note: Standard Industry Conversion factor of 1.0424 will be applied for converting KL to MT in case document proof offered for barge cargo carrying capacity is in KL (i.e., MT = KL / 1.0424). Barge Operator should give an Affidavit on Notarized Non Judicial Stamp paper as per Attachment 9 of Tender for attaching the offered barges with BPCL for the contract period.

2. The attached barges should be owned/chartered in the name of the bidding firm/company or in the name of the Proprietor, Partner(s) / Director(s) of the Firm / Company. If chartered, the charter agreement should be valid at least up to 31.03.2023. Barge(s) attached in one category can be attached in other categories as well, provided the criteria with respect to quantity, Capacity and Class are met. The loading and supply of stems should be completed in one trip only. The barge(s) attached by the Contractor must be duly licensed by MMD/ DG(Shipping) and Port Authorities. Following valid documents/ Certificates must be submitted for all barges engaged for BPCL and the same should be kept valid throughout the contract period. (a) Lay-out of the Barge showing Bulk Cargo Handling facilities including stripping.

(b) MMD Licence for the carriage of Petroleum in bulk by water as per rule 33 of Petroleum Rules 2002.

(c) Latest Tank Calibration charts duly certified by IRS or any other classification society. (d) Certificate from approved classification Society/Maritime Board certifying that the vessel is

constructed in accordance with rules applicable at Mumbai / JNPT/ Kochi Port / Certificate of Registration under Inland Vessels Act, 1917;

(e) Certificate of Survey issued by the Directorate of Ports, Govt. of Kerala; (f) Harbour Craft licence issued by Kochi Port; (g) Pass Pilot Licence issued in the name of the Master of the Barge by Kochi Port. (h) Cargo boat licence issued by the Customs department; (i) License from Chief Inspector of Boats /Canal Officer, Govt. of Kerala (j) Hull & Machinery and Pollution & Environmental Risks Insurance policy as per Port / DG

Shipping guidelines; (k) Certificate of Indian Registry , Indian River-Sea Vessel Safety Certificate, Minimum Safe

Manning Document under RSV Notification, 2013 issued by DG Shipping for RSV Class barges.

(l) Any other statutory documents / licences / permissions pertaining to the barge as applicable and relevant for the tendered jobs.

3. The Bunker Barges attached shall be duly certified for ‘fitness for purpose’ by the competent

authority designated under the statute in which the vessel is registered and shall be in class with a Classification Society recognised by the GOI. In case of barges registered under any act other than Merchant Shipping Act 1958, as amended, the vessel shall be in possession of a valid ‘Petroleum Licence’ issued by the Competent authority under the Petroleum Act 1934 and the Rules framed there-under, in addition to other statutory certificates as applicable. Barge should be classified by IRS or its equivalent agency acceptable to DG Shipping. The barge engaged should comply MARPOL 73/78 guidelines during entire contract period. Barge should possess Marine HULL Policy or Survey Certificate issued by Maritime Board during entire contract period. The barge should have a valid petroleum license or GTL ( General Trading Licence) for vessels

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under the petroleum rules, 2002 issued by the competent authority ( whichever type of barge is applicable). Provision of connecting drip sampler should be available with the barge.

4. The barges engaged should be fully equipped to receive, transport, and decant bulk marine bunker fuels of all kinds (i.e., VLSFO 380 CST) from barges to ship’s tanks. The barges attached should be capable of delivering / pumping product at a minimum average rate of 150 MT per hour for any vessel freeboard conditions. Appropriate facilities to be available in the barge for ease and efficiency in pumping of high viscous VLSFO 380 cst cargo.

5. BPCL prefer to load the bunker barges minimum 24 hrs before the arrival of Vessel and for each bunker supply requirement during the contract period, BPCL will email barge loading indent to the barge contractor to position the barge for loading the product for onward supply to commercial / BPCL chartered vessels. The barge loading indent will be emailed to the Barge Contractor’s email id along with details on Loading Date/Time, Loading Berth, Vessel Name, Quantity, delivery location, Vessel ETA, Vessel Agent details. BPCL will make all efforts to give minimum notice period of 12 hrs to the Contractor to place barge for loading. However, the Contractor should be able to place barges for loading with notice less than 12 hrs also. The contractor will keep the barges ready in all respect to receive the product, adhering to the date/time/Berth informed by BPCL. In case of abnormal detention to the tank truck at docks due to non-availability of Barge, BPC is at liberty to recover appropriate delay charges as mentioned below. The contractor should inform Terminal Manager the name and class of the barge being placed by him for the loading one day in advance to take loading permission. BPC will load the product through tank truck / Product Pipeline. Pipeline /TT unloading operation must be supervised by the Barge contractor as the quantity determination on board of the barge will be the quantity actually unloaded from the tank truck or delivered by pipeline. . The quantity loaded in barge will be based on Shore tank dips only. Shore tank dips may be witnessed by customer representative, surveyor, barge representative etc. Product accounting will be solely based on shore tank measurement. In case of any loss in transit, the same will be recovered from contractor’s running bills/security deposit. If the barge is loaded through tank trucks, the quantity loaded in to the barge will be based on the tank truck dip measurement as per the calibration chart of the tank truck. The temperature & density of product supplied ex TTs shall be tank temperature & density of the location tank. The barge master should sign BDN/MDR immediately after barge loading. Necessary documentation for barge operation / Tank Lorry receipts including time sheets should be completed by the barge contractor and the same should be handed over to BPCL representative.

6. Delay Charges - In case of non-availability of the attached barges, the contractor shall position alternative barge(s) acceptable to BPCL for loading within the time specified in barge loading indent email. In cases of delay in positioning barges for loading, a penalty of Rs.15000/- per day (24 hrs) for supply at berth and Rs 30000/- per day (24 hrs) for supply at OPL, will be levied on a pro rata basis for delays exceeding 3 hours from the time of BPCL’s request and any additional cost incurred to hire the alternative barge to be borne by the contractor. No Show Charges – In case the bunker order is getting cancelled or BPCL is required to arrange alternate barges, both because of failure on contractor’s part to place the barge for loading on the date and time notified by BPCL through the barge loading indent email, the same will be treated as No Show and No Show charges shall be applied at the discretion of BPCL. The No Show charges shall be Rs 62500 lumpsum.

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The Delay Charges and No Show charges will not be applied in case the attached barges for the Contractor are engaged in EXMI/Delivered supply of BPCL product. BPCL’s decision in this regard shall be final. Taxes extra on Delay/No Show charges as applicable. 7. The contractor shall at their own cost, keep the Barge/s insured against all accidents and damages, third party liability including Marine Oil Spills, Pollution / Environmental risks and liabilities by taking adequate Hull & Machinery and P&I cover as per statutory requirements. The contractor shall ensure that the bunker barges or other means engaged for transport of bunker shall be in possession of a valid insurance cover in respect of third party damage, marine environment pollution damage and clearance of pollution liabilities, for an amount acceptable to the concerned Port Authorities.

8. During every bunkering operation, the bunker barge shall have aboard adequate means for the mitigation of any potential pollution, including supplies of approved absorbent materials and oil dispersants; but oil dispersants shall only be deployed with the permission of the local authorities, taking into account the circumstances of each case.

9. Contractor shall ensure that a Bunker barge engaged by him has onboard adequate number of personnel fully trained in the effective handling, usage and application of all pollution prevention/ control equipment and media, and has onboard effective pollution prevention/control contingency plans covering the most environmentally hazardous incidents that can occur during bunker supply operations to other ships.

10. A copy of the above policies to be given to BPCL for records.

11. The contractor shall be responsible to pay all port dues, taxes, berthing, pilotage, light dues etc wherever applicable in connection with the stay and operation of the barge(s) in Kochi Port / Port Limits. However, port payments in connection with loading of bunker cargo (i.e. Berth Hire charges limited to the period of stay at berth for loading of bunkers and Wharfage) shall be the responsibility of BPCL.

12. The contractor may be even required to work day and night round the clock irrespective of Sunday/Holiday by paying overtime to the members of the crew and work in an efficient manner to the satisfaction of the Corporation’s officials and the customers of the Corporation. No extra charges will be payable at any cost.

13. Other terms and conditions of the contract will be as per the Corporation’s standard rules and regulations.

14. The contractor should timely fulfil the requirements for barge transportation of any stem sizes indented by BPCL which is relevant for the category applied irrespective of the offered barges’ carrying capacity. In the event of any failure by the contractor to provide the Barges to meet BPC’s requirements at any time during the tenure of the contract for any reason whatsoever, the Corporation (BPCL) will be at full liberty to engage other contractors / barge operators to meet the business commitments and any additional cost incurred to hire the alternative barge to be borne by the barge contractor. In such case, BPCL at its sole discretion may forefeit the SD.

The contractor can use the offered/attached Barges for other OIL PSU/MNCs/EX-MIs bunkers, after obtaining prior approval in writing from the Location-In-Charge/Authorised Officer of BPCL Kochi I&C. In case the contractor uses the Barges attached with BPCL for other OIL PSU/MNCs/EX-MIs

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bunkers without prior approval from BPCL as above, the same will be treated as No show and No show charges shall be levied on the Barge Operator for each such bunker loadings. The contractor can utilize the barge services for BPCL nominated Ex.MI bunkers also. The contractor shall ensure that the loaded bunkers are supplied to the nominated vessels within time of stay of vessel at berth/outer anchorage without any delay. It is the responsibility of the contractor to avoid instances of carrying other oil PSU’s/MNC’s /Customers product in barge tanks along with BPCL’s product, unless permitted by BPCL.

15. During the currency of contract, no upward revision of rates will be allowed. The period of the contract will be for TWO YEARS from the date of award of LOI. Contractors should be in a position to take up the work and position the Barges within 15 days on award of the contract.

16. Contractor to supply all equipments, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge should always carry valid test certificate as per approved authorities, i.e., IRS / other competent service providers for the hoses used in bunkering operation. Hoses and other cargo transfer appliances shall have their maximum permissible pressure rating and date of last pressure test clearly and indelibly indicated on them by a testing facility recognised by the competent authority. Tests shall be done according to their manufacturer’s specifications at intervals which are in accordance with their manufacturer’s recommendations, but in any case not exceeding one year. Valid original pressure test certificates should be on board & produced at all times to get Fire Permissions from Cochin Port. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of loading / unloading the product from TT’s or receiving the product by pipeline and also at the time of delivery to vessels. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

17. All the requirements of oil pollution control cell of Kochi Port Trust or any other Govt. body will be observed by the contractor. Any violation of such rules including Oil Spill will be the responsibility fully borne by the contractor and penalties/fines arising out of the same will be fully borne by the contractors. Contractors to keep BPC indemnified against such penalties/fines.

18. Delivery of product from the barge in midstream/at Jetty etc. should be made efficiently and to the utmost satisfaction of the customer. The contractor will be responsible for both quality and quantity of the product till final delivery and till clean acknowledgement in all BPCL papers (BDN / Invoice / Shipping Bill / QC report etc) is obtained from the customers. The Contractor is responsible for supervision of bunker delivery and obtaining signature from the vessel’s Master/Chief Engineer, “Bunker Delivery Notes etc.” as per requirement safely without delay. The contractor should have an experienced coordinator posted at Kochi Port with sufficient authorised representatives to co-ordinate the day to day activities with BPCL, BPCL Surveyors, BPCL Custom House Agents, Vessel Agents, Ports etc at the operating area, port limits & loading points.

19. In case the product received on board the barges is not delivered due to any reason, such matter shall be immediately brought to the notice of BPCL in writing.

20. Contractor will be responsible to prepare and complete all Bunkering documents as required under MARPOL regulations approved by DG Shipping. All delivery procedure should be in

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accordance and conform to the requirements of Annex VI regulations of MARPOL 73/78 and any subsequent amendments / notifications from time to time. The barge operator shall comply for the requirements of adequate lighting provision in the barge as per MB Lal committee recommendation for various operations.

21. BPC will not provide any mobilization charges for bringing the barge to the site within the port limits of Kochi after successful award of contract.

22. The contractor is required to indicate complete technical details of barges offered as indicated earlier. BPCL & its authorized employees may at any time shall have access to barges for the purpose of inspecting the barges and assessing whether the Masters, officers and crew are carrying out their duties in accordance with contractual obligations;

23. The contractor shall make available adequate number of barges to timely fulfil the bunker indents placed by BPCL. IF THE ATTACHED BARGE(S) IS OUT OF SERVICE FOR ANY REASON, Contractor SHALL PROVIDE A SUBSTITUTE BARGE AT THE SAME RATE, TERMS AND CONDITIONS SUBJECT TO ACCEPTANCE BY BPCL. In case the attached barge(s) are unavailable for more than 15 days, during the course of contract for whatsoever reason, the contracor has to offer substitute barge(s) of similar or better capacity and class ready in all respects for loading at Kochi Port from the 16th day to attach with BPCL in place of old attached barge failing which suitable action will be taken against the contractor including the forfeiture of Security Deposit. Decision of BPCL will be final in this regard. The substitute barges offered during the course of contract are to be attached with BPCL and Contractor should give an Affidavit on Notarized Non Judicial Stamp paper as per Attachment 10 for attaching the replacement barges with BPCL for the balance contract period. The contractor has to arrange alternate barges to take care of any supplies during these fifteen days failing which Delay charges / No Show charges shall be applied.

24. The contractor is required to keep the barges parked on their own during idling time anywhere in the operating area and should report at Black oil loading berths at Kochi Port like SCB and Q4 or any other jetty depending on the instructions from BPCL representatives. The contractor or his authorized representative in Kochi shall call BPCL to receive instructions regarding transport of bunker fuels to be undertaken by them & arrange barges immediately on round the clock basis as and when informed by BPCL representatives, failing which suitable action will be initiated against the contractor. The contractor should have a loading supervisor to co-ordinate for all bunker activities with BPCL and the concerned vessels.

25. The contractor is responsible for ensuring safe mooring of barges, submission of proof for last (immediate) product handled, checking emptiness / cleanliness of barge tanks, check for presence of water / foreign material before and after loading with BPCL Surveyors / Supply location officers, carry out checks as per check list, ensure hose connection/disconnection & bonding, ensure no spillage during loading / unloading, Co-ordinate & line up with BPCL supply location for loading, ensure loading up to ordered / nominated quantity (ensure quantity loaded does not exceed order quantity), verification of quantity loaded with Surveyors, sealing of barge tanks compartment wise, obtaining all documentation & sampling equipment & accessories from BPCL representative, collect information regarding delivery location, Ship Details, time of delivery etc, get clearance to leave jetty. Contractor to ensure employment of adequate and trained staff in the barges for the end to end operations of bunker loading and delivery.

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26. The Contractor should keep track of the bunker receiving Vessel’s ETA, its berth at Port and carry out bunkering in close co-ordination with BPCL Custom House Agents (CHA), Vessel Agents, Surveyors & Port Fire Departments. Barge contractor to work closely with BPCL Custom House Agents for all necessary formalities from Port /Customs connected with supply of bunker to vessels. Also liaise with Vessel personnel /Chief Engineer of Vessel for the safe mooring of barges at vessel end & necessary permissions from Vessel for commencement and completion of bunker including hose connection and disconnections at vessel end. Barge should also be provided with adequate fenders all around for safe mooring at vessel end & to prevent damage to the receiving vessel during bunkering. Barges must be kept clean at all times. Paint work on deck and deck pipelines must be maintained at all times. The bunker barge shall be fitted with adequate safe lighting to cover the area of the bunker tanker, manifold connection and hose handling equipments. Barge operator shall collect details of information from vessel/vessel agents in advance for hassle free bunkering.

27. The contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring at vessel end, verification of quantity & seal numbers jointly with Surveyors/vessel representative, handing over all documents to Chief Engineer of Vessel, Connection/Disconnection of Hoses, Complete pre-bunkering & pre-bunkering safety check lists with vessel representative, Obtain permission from BPCL custom House Agent/vessel Chief Engineer before pumping, Connect drip sampler at Vessel manifold & hand over sample bottles, Monitor bunker supply /loading operations including maintaining the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by Chief Engineer of Vessel & submit acknowledged copies of documents along with sealed sample to BPCL representative. It shall be the responsibility of the contractor to obtain the receipted copy of the challan and other papers from the Master or his authorized officer duly stamped and signed for having received the correct quantity, quality of the product delivered to the vessel.

28. Ensure acknowledgements of all statutory /DG Shipping documentations pertaining to coastal bunkers (duty paid) & foreign bunkers (bonded) including obtaining of Signature & stamp of Chief Engineer of the vessel in BDN, Shipping Bill, MSDS, QC certificate, Pre-bunkering, Pre-bunkering safety, Post Bunkering check lists, Survey Report, Customer Feedback form & Vessel Sample Documentations. Also arrange to collect product samples duly labeled and signed by Chief Engineer of Vessel.

29. Sampling at Vessel end:- The contractor is required to carry bunker sampling equipments and all related accessories in all bunker deliveries like sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sample bottles, Seals and labels will be provided by BPCL. Sampling equipments needs to be fixed at the vessel manifold in co-ordination with vessel representatives & sample to be collected in to cubitainer during the entire duration of bunker supply, which in turn is to be transferred to four bottles or more as warranted. One duly labeled, signed, numbered bottle to be given to vessel for their record, one for the retention by the barge & two to be taken back for BPCL custody. Besides, sample given by Vessel is also required to be collected. Both the samples along with acknowledged documents are to be returned duly to BPCL representative before next bunker delivery. Retention of the samples given to barge during loading as well as delivery will be as per prevailing standard guidelines, currently to be retained for a period of ONE year.

30. Adequate allowance should be given for tidal variations in advance in the trip time so that prompt bunker deliveries are effected at all times. Any claims on account of delayed deliveries due to tide will not be entertained at any cost.

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31. Barges engaged should be fitted with Suitable pumps for loading & unloading of VLSFO 380 cst (Class “C” product). The pumping equipment of the barge should be maintained by the barge contractor in good working condition during the period of contract. In case of any failure in pumping, alternate arrangements need to be made by the contractor for completing the operations without loss of time.

32. If due to slow pumping of the product from the barge, a consequential delay occurs to the vessel, the cost of such delays shall be debited to the contractor. The report of BPCL Surveyor will be relied upon for ascertaining the slow pumping rate.

33. If due to slow voyage beyond the normal trip time (calculated based on the declared speed of the barge), a consequential delay occurs to the vessel, the cost of such delays shall be debited to the contractor. The report of BPCL Surveyor will be relied upon for ascertaining the delays in voyages. . This shall be in addition to the penalty on account of delay in placement of barges for loading.

34. The contractor shall ensure that there is no product diversion and shall supply entirely the full quantity of product so received from BPCL to the nominated vessels. The invoicing of the product is as per the shore tank out turn quantity, any transit /operating loss including any excise duty liability will be on barge contractor’s account. Further, if the product is found contaminated in transit or at the time of delivery of product to the vessel, cost of product will be recovered from the Barge contractor & respective transportation charges will be recovered as appropriate.

35. If barges are required to be operated in Inland waterways, Valid Fitness certificate /License from Chief Inspector of Boats & Canal Officer for operating through Inland water ways should be made available. Valid MMD license for Petroleum products & CPT license to operate in Port limits also needs to be furnished by the barge contractor for all barges.

36. The contractor should have an experienced coordinator posted at Ernakulam with sufficient authority to co-ordinate the day to day activities with BPCL, BPCL Surveyors, BPCL Custom House Agents, Vessel Agents, Ports etc at the operating area, port limits & loading points. Barge crew should be insured at all times.

37. Barge should carry sufficient ISI marked certified bunker hoses to perform bunkering operations. Barge should carry on board valid pressure test certificates of Hoses approved by Indian Register of Shipping (IRS) as per the requirement of Cochin Port for obtaining Fire permissions for each bunkering operation.

38. If the barges engaged are not owned by the contractor, consent letter /lease agreement, proof of ownership and other documents from the owner agreeing to the contractor using the barge for transportation of VLSFO 380 cst for the contract period and permitting the contractor to do required modifications / repairs to be furnished.

39. The contractor or his duly authorized representative shall take delivery of material for onward movement and the contractor shall always be responsible for safety and preservation of bunker fuels till is duly delivered at the destination points. The signing of BPC transit documents by the contractor’s representative shall be deemed to be acknowledgement of receipt of goods on behalf of contractor.

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40. The contractor shall check each consignment received from Loading Points in the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc if any, to the Terminal Manager. The quantity loaded will be based on Shore tank dips only. Shore tank dips may be witnessed by barge representative. Product accounting will be based on shore tank measurement. Drip sampler to be used by barge for sampling during the receipt. In case of non availability, shore tank samples will be used as reference for all matters relating to quality of product loaded. This sample will determine the quality of the product received by the barge. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc occurs after the product is handed over to the contractor, he shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the contractors bills /Security Deposit without prejudice to BPCL’s right to claim balance amount, if any from contractor.

41. BPCL shall have the right to object to any unsafe practice used or resorted to by the contractor and to direct contractor to carry out the job in a manner considered safe by BPCL and established best marine practices. Notwithstanding any instruction given by BPCL in this respect or in any other respect, the responsibility for the safe and prompt delivery of the materials shall be that of the contractor.

42. In case goods are held up en-route due to any break-down or accident or Force Majeure situation, the matter shall be intimated to BPCL immediately over phone or in person and confirmed in writing thereafter. Meanwhile Contractor has to arrange alternate barge for transferring product from damaged barge to new /fresh barge immediately and ensure that the product is delivered within the stipulated time with the quantity loaded at loading. Barge shall not stop anywhere en-route other than for reasons mentioned above.

43. In case of any necessity or dispute, testing of samples will be done at BPCL’s designated laboratory which may be witnessed by the representative(s) from both sides. The barge contractor is liable to make payment for such testing charges, if the quality failure is attributable to the barge and/or caused by or due to improper operations/conditions of equipments, tanks, hoses etc of the barge.

44. In case of quality failure claims payable to customer as per MARPOL and/ or other stipulations, the same if attributable to the barge contractor as given above, is fully payable by the barge contractor, including the cost of third party investigation/ lab testing of the off spec product incurred by BPCL.

45. In case of any quality failure of product attributable to barge is detected during loading, unloading, transportation or storage, the entire claims payable to the customer due to delay in delivery of bunkers, if any, and the entire cost of giving alternate supply to the customer, incurred by BPCL is payable by the barge contractor.

46. Decision on off-spec product return, off spec product disposal and correction will be at the discretion of BPCL in accordance with Industry Quality Control Manual and / or other stipulations. There will be no storage cost or waiting time cost or hire cost payable by BPCL to the barge contractor for the period of handling of such off spec product in barge for all cases of quality failure attributable to the barge.

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47. The contractor has to arrange for insurance coverage for risks associated with transport of product. The contractor has to arrange insurance coverage for his barge & barge crew. The contractor is responsible for any liabilities on account third party claims and marine pollutions. The contractor shall be liable for and agree to indemnify BPCL against all claims, costs, expenses, proceedings, actions, suits, demands & liabilities whatsoever arising out of actual or potential pollution damages and cost of clean up or control thereof arising from the acts or omissions on the part of contractor. Product Insurance is in the scope of BPCL.

48. In case it is found that the seals are tampered en-route and if there is a shortage in the quantity transported, the cost of short delivered material will be recovered from the contractor.

49. Compliance of Safety, Fire Protection and Environmental protection shall be the responsibility of the contractor. Clearances required from the Mercantile Marine Department (MMD), License from Cochin Port Trust as per “Cochin harbour Craft Rules for Petroleum Barges”, Canal License from Canal Officer, Govt of Kerala, Ministry of Environment & Forests, Explosive Department and Pollution Control Board (if any) shall be taken by the contractor. It will be the responsibility of the contractor to obtain at his cost all clearances or sanctions required from Statutory Bodies well in advance. Any damage, demurrage, or any other losses arising direct or consequential on account of any lapses in this regard shall be to Contractor’s account.

50. The security & safety of contractor’s belonging shall be arranged by him at his responsibility & cost.

51. The contractor shall obtain necessary passes for himself, his workers and representatives for entry inside the premises of Port and where loading /unloading points are located. Passes are not transferable and should be renewed on expiry.

52. The contractor shall assist BPCL at all time in increasing the bunkering business ex-Kochi locations.

53. Performance of the contractor shall be evaluated at the time of extension of contract based on broad parameters like timely placement of barges, timely delivery, crew behaviour, interaction with all stake holders in the bunker supply chain, adherence to all our tender conditions & Statutory compliance etc.

54. The contractor shall keep full and correct log /time sheet of the BPCL nominated voyages/idling periods, which BPCL or their representative may inspect as required. The contractor when required should furnish BPCL with a true copy of such log /time sheets and with the properly completed loading & discharging port sheets and voyage reports for each voyage and other returns as BPCL may require.

55. The contractor shall submit bills along with details of voyage/BDN/time sheets of barge operations. Bills will be processed for payments only against due verification /certification by authorized BPCL representative.

56. The operator should at all times load, dispatch & discharge cargo as rapidly as possible when required by BPCL throughout day and night.

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57. Per trip payment as per price schedule shall be paid only for authorized BPCL bunker deliveries. Any dead freighting /empty trips encountered unless ordered by BPCL shall be on Barge contractor’s account.

58. The contractor shall ensure that all statutory documents for trading in the Ports should be on board and any delay on account of the above will be to Barge Contractor’s Account

59. In respect of its employees and labour forces, Service Provider shall ensure, and would remain totally responsible, for compliance and implementation of all laws, rules and regulations as applicable, more particularly Workmen's Compensation Act 1923, Employees' Provident Fund and Miscellaneous Provisions Act, 1952, Employees State Insurance Act, 1948, Minimum Wages Act 1948, Contract Labour (Regulation and Abolition) Act, 1970, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961, Mines Act, 1952 , Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, and other relevant labour / other legislations in force. Principal shall in no event, be liable or responsible for any default that will arise out of non observance/non compliance of such laws/rules on the part of Service Provider and that Service Provider shall indemnify and keep indemnified Principal against the same and from any proceedings in respect thereof.

60. The contractor will provide all the equipment and manpower required for carrying out of any of the work assigned to them (as detailed in scheduled of rates attached hereto, by the Company under this contract) by the Territory Manager or his down delegated authority at Territory office.

61. The company shall pay to the contractors for the performance of the various work at the rates specified in the schedule attached hereto. The rates finalized will be firm for the entire contractual period. No escalation in rates during the contract period will be granted unilaterally.

62. The contractor shall submit to the company bills by a stipulated date or within two months “Whichever is earlier and in the form prescribed by the Company for payment at Company’s office duly certified by the location to which the contractor is/are attached. Bills submitted after two months from the date of completion of job will be rejected. Bill clearance is subject to statutory deductions like TDS etc

63. The rates specified in the schedule attached hereto will apply under all working conditions and the contractor/s will not be entitled to any extra allowance during the currency of the contract, unilaterally.

64. Any Octroi /Terminal Duty/Other taxes, wharfage or landing charges paid on our products and on behalf of the Corporation by the contractor/s will be reimbursed by the company on production of original receipts. Payment of demurrage and such other charges which may arise due to negligence/tardiness of the contractor/s shall not be covered under the above unless such payments are admitted by the Company for reimbursement.

65. That the compliance of all Government Rules and Regulations regarding employment and working conditions of personnel, including various statutory facilities shall be provided for by the contractors. The contractor/s will be responsible for any fines for non-compliance of any such Rules.

66. The contractor/s shall maintain all records as required under the Factories Act/Payment of Wages Act/Workmen’s Compensation Act/Employee State Insurance Act or any Acts in force at that time. These records will be open for inspection by the Company’s representative as and when required.

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67. The Contractor/s shall ensure that no amount by way of commission or otherwise is deducted or recovered from the wages of the workmen employed by him and that the wages shall be paid by the contractor/s to the workmen directly without intervention of any person. 68. The contractor/s shall introduce the Provident Fund Scheme to the Workmen Employed by him, if so required by law as envisaged by the provisions of Employees Provident Fund Act or any statutory modification and/or enactments of the said statutes and/ or rules framed therein.

69. The Contractor/s shall duly introduce the contributory scheme for the employees under him if so required by law as envisaged by the provisions of the Employees State Insurance Act.

70. The contractor/s shall observe and implement all the laws of the land and the rules framed there under which are beneficial to the workmen employed by him/them and that the Company shall in no event, be liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Contractor/s and that the Contractor/s shall in no event, be liable or responsible for any default that will arise out of non-observance of such laws, rules on the part of the Contractor/s and that the Contractor/s shall indemnify and keep indemnified the Company against the same and from all proceedings in respect thereof.

71. The contractor/s shall also be solely responsible for any breach or contravention of all the Labor Laws, Rules regulations or by-laws passed or made by the Central and/or State Government and/or other authorities as may be applicable from time to time to the workmen employed by him, directly or indirectly, without prejudice to the generality of the foregoing, the concerned authorities respectively appointed under the Payment of Wages Act, Shop and Establishments Act, Factories Act and the Workmen Compensation Act, Inter State Immigration Workmen (Regulation of Employment and conditions of Service) Act, 1979: Contract Labor (Regulation and Abolition) Act 1979 or any Statutory Rules framed there under and the Company shall not be responsible in any manner for any liability arising out of the non-compliance by the Contractor/s for the same.

72. Officers of the Company shall have the right at its discretion at any time and from time to time, to make inspection of all the records maintained by the Contractor/s and in this regard make such enquiries as it may deem fit for ensuring the strict compliance of the Minimum Wages Act, 1948: Payment of wages Act or any statutory modification and/or enactments of the said statues of rules there under by the contractor/s.

73. The Contractor/s shall implement various standards drawn by Indian Standards Institution (ISI) on the subject of safety of workmen and faithfully implement the same for the benefit of the workers employed by him during the course of performance of the contract wherever applicable.

74. The contractor/s shall pay E.S.I.S./ PF contribution (Employer’s) and shall be responsible for recovery and remittance of employees contributions. The contractor/s shall maintain all records and stipulated under PF /E.S.I.S. Act.

75. The services to be provided by Contractor under the Agreement shall be available to BPCL on round the clock basis throughout the year, including Sundays/Holidays, for all the operations and at no extra costs whatsoever to BPCL.

76. The contractor/s will be liable for any loss or damage to the company, Company employees, contractor’s employees or to any third party resulting from fire, Leakage, negligence, explosion, accident or any other cause in carrying out the work assigned to them and the contractors shall

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indemnify and keep the Company indemnified for such amount as the Company may be called upon by law to pay. All labour, workmen and persons employed by the contractor/s shall not be on account of the Company and shall deemed to be the contractors’ own labour so that no service conditions, payment liability in respect of such persons would be attached to the Company and the Contractor/s will have to indemnify the Company against the same.

77. That the Contractor/s will make good the Company any loss arising from :

a. The Confiscation by Government or local authorities of any goods delivered to the contractor/s for transportation, clearing/forwarding/Loading/unloading or in transit.

b. It is to be clearly understood that the property or the goods in possession or under power of the agent will remain the sole and absolute property of the Company provided, however that said Agent will be liable for any loss or damage to the said goods and their liability will not be merely that of a bailee.

c. Barge operators shall take due diligence to avoid any spillage of oil into the sea/docks/harbour/river area. In the event of any penalty on account of spillage of oil / pollution due to the fault of the barge / negligence of barge personnel, the barge operator/s shall be responsible to settle the claims with the concerned statutory authorities. Any delay / detention of the barge on account of pollution caused by the barge personnel/ contractor/s shall be borne by the barge operator.

78. That the Contractor/s agrees/agree to employ competent and efficient employees and

operators to ensure that the work is done correctly. Any loss caused on account of contractor/s employee’ negligence or any other sub-agent/s including road transport employed by him, theft default or any commission or conduct shall be made good by the contractor/s. Contractor’s employees and representative inside the Company’s terminal/Installation/Depot should confirm to the Company’s working rules. The contractor/s agree/agrees to clear/ forward consignments by road/water within a reasonable time of being asked to arrange for the same. Any demurrage/storage, other charges levied by the transporters or storage owners would be to the contractor’s account unless he/they are able to prove that they are not allowed sufficient time for carrying out the duties. The Contractor/s will also be responsible for the safe conduct of goods in transit with them.

79. In the event of the Contractor’s failure to carry out the work assigned to them after confirmed acceptance of the work order, the contractor/s shall be liable to make good to the Company the expenses that may be incurred by the Company in making other arrangements for carrying out the work.

80. The Contractor/s shall be responsible for and shall pay any compensation to their employees’ payable under the Workmen’s Compensation Act, 1923 and 1933 and the Amendments thereto, for the injuries caused to the workmen. The Contractor/s shall be responsible for any pay the expenses for providing medical treatment to any employees who may suffer any bodily injury as a result of any accident. The Contractor/s shall keep the company indemnified against the same and from all proceedings in respect thereof. In every case in which by virtue of the provisions of Section 12 Sub-section(1) of the Workmen’s Compensation Act 1923, the company is obliged to pay compensation to workmen employed by the Contractor/s in execution of the works, the company will recover from the contractor/s the amount of compensation paid, and without prejudice to

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the rights of the company under section(1), Sub-Section-II of the said act, the company shall be at liberty to recover such amount or any part thereof by deducting it from the Security Deposit or from any sum due to the Company to the Contractor/s whether under this contract or otherwise. The company shall not be bound to contest any claim made against it under Section 12, sub-section(1) of the said Act except on the written request of the contractor/s and upon his giving to the Company full security for all costs for which the company might become liable in consequence of contesting such claim.

81. The Service Provider shall submit / provide to the Principal a Security Deposit of 5% of the contract value excluding GST by way of a Bank Guarantee issued by a Scheduled Bank and as per the stipulated format, to cover the period of 6 months beyond the date of expiry of contract period which includes, inter-alia, the full period of the contract and additional six months for due fulfillment of terms of this Agreement. The Principal, at its sole discretion may take recourse to the Bank Guarantee, to recover part or whole of the guaranteed sum. However, the claims of the Principal against the Service Provider shall not be limited to the amount stipulated in the Bank Guarantee.

82. This agreement shall be for a period of TWO (2) years from the date of LOI. However the corporation reserves the right to terminate the contract at any time before expiry of the period of contract by giving the contractor 30 days notice in writing without assigning any reason whatsoever. If the performance of the contractor is not satisfactory because delay in placement of barge(s) / No shows / Delay in bunker supplies / Negative feedback from Vessels or Customers or Port, the contract will be terminated by giving one month time / notice at the discretion of BPCL. If the contractor decides to discontinue the contract, he can do so by giving three months’ time notice in advance. Security Deposit will be forfeited in both the cases.

83. It is specifically agreed by and between the parties hereto that the company shall have the right to terminate this contract at any time during the currency of the contract if the services are not found satisfactory and without giving any notice in writing.

84. Notwithstanding anything herein above contained, in the event of the contractor being adjudicated insolvent or being a company, dissolved or ordered to be wound up, then in such event agreement shall automatically stand terminated and in the event of breach, default or violation of any of the terms hereof, of which the Corporation shall be the sole judge and the Corporation shall be at liberty to terminate this agreement forthwith and without prejudice to all other rights, remedies and claims of corporation under this agreement or otherwise in law against the contractor and the Contractor shall not be entitled to any claim for loss, compensation or damage arising out of any such early termination.

85. The Company reserves the right to award parallel contract/s without giving any notice or prior intimation to the existing contractor/s.

86. Any goods in the custody of the contractor/s at the time of termination of the contract by influx of time or by notice or otherwise however shall be handed over to the Company properly.

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87. Terms and conditions detailed and covered under General/Special Terms with tender documents from a part of this agreement. The Integrity Pact dated ______________ in respect of tender no ____________________ signed between the parties is part and parcel of the _____________________ agreement.

88. PAYMENT TERMS

Service provider shall raise the bill towards the barge transportation charges on monthly basis which shall be paid within 15 days from the date of receipt of the bill after expiry of the respective month & duly certified by the Principal’s Manager at Kochi. The bill submitted must be associated with all required supporting documents. In the event of any dispute relating to billing and payments, the amount not in dispute will be payable as per the above credit terms. Disputed amounts, if any will be payable immediately upon the settlement of the disputed amounts between the Parties.

89. LIABILITIES AND INDEMNITIES

89.1 From the date of commencement of operations,

i. Service Provider shall ensure that the Bunkering service by barges are provided with reasonable care, safety and skill expected of an organization rendering such services and in accordance with accepted industry practice.

ii. Service Provider will ensure that all laws, statutory requirements and regulations from time to time being in force, relating to facilities will be complied with and obtain the necessary permits, licenses and approvals to carry out their obligations.

iii. Service Provider will be liable for any delay in supply of the product to the Vessel owing to reason attributable to barge.

iv. Notwithstanding anything contrary in the Agreement, Service Provider shall not be liable

for any claim arising:-

(i) From Force Majeure.

v. In the event that any loss or damage is caused to Principal (including but not limited to loss / damage caused to Principal on account of Principal having to supply the Products from alternative sources in the event that Service Provider is unable to render the Barge Transportation Services), and / or to third parties to whom Principal shall be liable for such loss or damage, for which Service Provider is liable, then Service Provider shall keep the Principal indemnified against such loss or damage.

vi. In the event of occurrence of any untoward incident such as spillage, loss, fire, theft etc., due to the negligence on the part of the Operator or otherwise, BPCL is to be duly indemnified against all charges and consequences.

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89.2 In respect of all provisions stated in the agreement providing for one Party (“the indemnifying Party”) to indemnify the other (“the other Party”), the following shall be conditions to such indemnity:

i) Prompt written notice shall be given to the Indemnifying Party by the other Party of

such claim; and ii) No payments shall be made by the other Party in respect of which it may wish to claim

against the indemnifying Party under this Clause to any third party claimant without prior consultation with the Indemnifying Party; and

iii) The Indemnifying Party shall be given the opportunity by the other Party to participate

in the negotiations for settlement or in the defence of such claims.

89.3 Neither Party shall be liable to the other under any of the indemnities expressed in this Agreement, or in contract or in tort, for any indirect or consequential losses including but not limited to loss arising from business interruption, loss of use, loss of profit and loss of anticipated profit.

90 LIEN AND RIGHT OF DISPOSAL

90.1 It is agreed that Service Provider shall not have any right of lien and retention over the Products of Principal.

90.2 Notwithstanding anything contained to the contrary in these Articles and subject to

Indian laws, if:

(a) Principal fails to remove the Products upon the expiry or termination of the Agreement;

91 TRANSFER, ASSIGNMENT ETC.

Neither Party shall have the right to assign this Agreement, in whole or in part, or any rights hereunder without the prior written consent of the other Party. This written consent shall not be unreasonably withheld or delayed and any reason for disapproval shall be given in writing, setting out the grounds for reaching the decision. This Agreement shall ensure to the benefit of and be binding upon its successors and permitted assigns of ;the parties hereto. In the event of any assignment by either Party the assigning party shall remain permanently liable to the other party for all obligations contained in this Agreement regardless of whether such obligations were part of or covered by the assignment.

92 WAIVER

The failure of either Party to insist in any one or more instances upon the performance of any term or conditions of this Agreement, or to exercise any right afforded to such Party herein, shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions by the other Party, or the future exercise of such right, and the respective obligations of the parties as to their future performances shall continue in full force and effect. No waiver shall be effective unless in writing and duly executed by an authorized representative of the concerned party.

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93 MODIFICATION This Agreement may not be amended, changed, or modified in any way except by a written amendment executed by the Parties hereto. Any such written amendment needs no additional consideration to be enforced.

94 LAW AND LANGUAGE The Parties agree that this Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The operations carried out or to be carried out by Service Provider shall be subject to the laws, regulations and rules in force and directions, that have been given or will be given by the Government or local authorities or other authorities, institutions or persons having authority to do so. If such laws, regulations, rules or directions are amended after the date on which the Agreement has been executed, the amendments shall be deemed to form part of that Agreement. The parties agree to submit to the exclusive jurisdiction of the courts at Mumbai in connection with any matters which might arise out of this agreement. The language for the purposes of this Agreement shall be the English language and all correspondences, notices and communication etc. shall be in English.

95 NO AGENCY

Save for the provisions contained in this Agreement, nothing herein shall create or constitute a relationship of agency between Principal and Service Provider, and Service Provider undertakes that it shall not conduct itself or hold itself out as agents of Principal in any measure or under any circumstances whatsoever.

96 COMPLIANCE WITH LAWS AND REGULATIONS Each Party to this Agreement shall conform to all applicable provisions of every statute, statutory instrument, bye-laws or regulations from time-to-time in force affecting this Agreement and will give all necessary notices and obtain every requisite sanction or approval in respect of this Agreement under every such statute instrument bye-law or regulations. The non-conforming Party shall indemnify the other Party against any fines, penalties, losses, costs or expenses incurred by the other Party in respect of any non-compliance with the provisions with the laws and/or regulations.

97 TERMINATION

97.1 Ground of Termination

At any time after the day of execution of this Agreement, either party may terminate this Agreement upon the occurrence of one or more of the following events in relation to the other:

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A substantial breach or failure to comply in any material respect to any provision of this Agreement in such a way that it is unreasonable for the other Party to continue with the Agreement and such failure continues for more than 30 (thirty) days following written notice thereof by the other Party to the Party in breach; or The appointment of any receiver, receiver and manager or administrator or a petition is presented or order passed for the winding up or liquidation for their equivalent in any jurisdiction, which is applicable of that Party or any material part of their undertaking. Non-compliance with Article 10 of this Agreement

97.2 Termination at Discretion.

Notwithstanding anything contained/provided in this Agreement and attachments to this Agreement either party shall have the right at its sole discretion to terminate this Agreement by giving advance 90 days written notice to the other Party without assigning any reason for such termination. During the said notice period of 90 days it would be binding on both Parties to fulfil their respective contractual obligations as mandated by this Agreement.

97.3 The termination or purported termination of this Agreement shall be without prejudice to any

claims or rights of action previously accrued to either party against the other. 98 NOTICE

Any notice or other communication required or permitted under this Agreement shall be in writing and shall be given by registered post, hand delivery, courier service, telex, or telefax addressed to the relevant party at the addresses set forth below or such other addresses as may be designated from time to time. A) In case of Service Provider to :

Address of Service Provider Attention: ____________________ Telefax: +91__________________

B) In case of Principal to:

M/s. Bharat Petroleum Corporation Ltd. Attention: Territory Manager (Indl.,), I&C Kochi Territory, Kochi Refinery Marketing office, Ambalamugal, KOCHI – 682302, Kerala. Tel : 0484-2720871

99 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and its supersedes all prior written or contemporaneous oral undertakings relating to the storage or Product and there are no other agreements or understandings between the Parties to this subject matter.

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100 FORCE MAJEURE 100.1 None of the Parties shall be liable or responsible for any failure to perform or delay in

performance of their respective obligations hereunder if such failure or delay is due or attributable to or arises out of any Force Majeure event, provided notice of occurrence of any Force Majeure event is given by the affected party to the other parties within a period of 10 (Ten) days of such occurrence and such notice includes reasonably satisfactory evidence or the Force Majeure event.

100.2 Definition of Force Majeure To the extent that the event is not within the reasonable control of the party whose

performance under this Agreement is affected thereby, the term “Force Majeure” as used in this Agreement shall mean and include any of the following events: war, hostilities, acts of the public enemy or belligerents, sabotage, blockage, revolution, insurrection, Service Provider, or disorder, expropriation, requisition, confiscation or nationalization; act of God: fire, earthquake, storm, flood, lightning, or to government taking over whether or not by formal requisition, epidemic, quarantine, strikes or combination of workmen, lockouts or other labour disturbances; explosion, accidents by fire or otherwise to plants, storage facilities, installations, machinery, or to transportation or distribution facilities or equipment or any other event, whether or not of the same class of kind or those above set out.

100.3. Should the event of Force Majeure for an uninterrupted period of ninety (90) days or more,

then either party shall have the right to terminate this agreement by a ninety (90) days’ notice to the other and this Agreement shall terminate upon the expiry of such ninety (90) days period if the Force Majeure event subsists.

101 ARBITRATION

Any dispute or difference whatsoever arising out of or in connection with this Agreement including any question regarding its existence, validity, construction, interpretation, application, meaning, scope, operation or effect of this contract or termination thereof shall be referred to and finally resolved through arbitration as per the procedure mentioned herein below :

a. The dispute or difference shall, in any event, be referred only to a Sole Arbitrator. b. The appointment and arbitration proceedings shall be conducted in accordance with SCOPE

forum of Arbitration Rules for the time being in force or as amended from time to time. c. The Seat of arbitration shall be at Kochi, Kerala. d. The proceedings shall be conducted in English language. e. The cost of the proceedings shall be equally borne by the parties, unless otherwise directed

by the Sole Arbitrator ”. This agreement shall be governed by the laws as prevailing in India and the Courts in Kochi, Kerala only and no other Courts will have the exclusive iurisdiction in relation to this Agreement.

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102 CHANGE IN LAWS AND REGULATIONS OF GOVERNMENT AND LOCAL AND OTHER AUTHORITIES

The operations carried out or to be carried out by Service Provider shall be subject to the laws, regulations and rules in force and directions, that have been or will be given by the Government or local authorities or other authorities, institutions or persons having authority to do so. If such laws, regulations, rules or directions as amended after the date of which the Agreement has been executed, the amendments shall be deemed to form part of that Agreement. Consequently, all such future statutory levies, taxes, dues etc. to avail Service Provider’s services at the Terminal would be fully payable by Principal at all times.

103 CONFIDENTIALITY

The terms of this contract are strictly confidential between Service Provider and the Principal and any breach of this confidence, will be viewed with utmost seriousness being tantamount to breach of contract leading to termination of contract and action that will follow legal or otherwise.

IN WITNESS WHEREOF the Parties through their authorised representatives have signed the Agreement in two counterparts at the place and date specified first, herein above. For and on behalf of For and on behalf of Service Provider Bharat Petroleum Corporation Ltd. Witness : Witness : 1) ______________________ 1)________________________ 2)_______________________ 2)_______________________ Place : Date

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Technical Bid Annexure- 2

INTEGRITY PACT

Between

Bharat Petroleum Corporation Ltd (BPCL) hereinafter referred to as ‘The Principal”, And M/s …………………………………………….. hereinafter referred to as “The Contractor” Preamble The Principal intends to award, under laid down organization procedures, contract/s for BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL /FOREIGN VESSELS AT KOCHI

PORT BERTHS/ OUTER ANCHORAGE (OPL) The Principal values full compliance with all relevant laws and regulations, and the principal of economic use of resources, and of fairness and transparency in its relations with its Tenderers/s and Contractor/s and suppliers. In order to achieve this goal, the Principal cooperates with the renowed international Non-Governmental Organization “Transparency International’ (TI). Following TI national and international experience, the Principal will appoint an external independent Monitor who will monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 – Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: a). No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/ herself or third person, any material or immaterial benefit which he/ she is not legally entitled to. b). The principal will, during the tender process treat all Tenderers with equity and reason. The Principal will in particular, before and during the tender process, provide to all Tenderers the same information and will not provide to any Tenderer confidential/ additional information through which the Tenderer could obtain an advantage in relation to the tender process or the contract execution. c). The Principal will excluded from the process all know prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

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Section 2 – Commitments of the Tenderer/ Contractor/supplier (1) The Tenderer/Contractor/Supplier commit itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a. The Tenderer/ Contractor/Supplier will not, directly or through any other person or firm, offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/ she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. b. The Tenderer/ Contractor Supplier will not enter with other Tenderers into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bid or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. c. The Tenderer/ Contractor / Supplier will not commit any offence under the relevant Anti-corruption Laws of India; further The Tenderer/ Contractor will not use improperly, for purpose of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposal and business details, including information contained or transmitted electronically. d. The Tenderer/ Contractor / Supplier will, when presenting his bid, disclose any and all payment he has made is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. e. The Tenderer/ Contractor / Supplier shall make sure tehat the terms of this Integrity Pact are also adopted by its sub-contractors, sub-sub-contractors etc, if any and submit such adoption confirmation proof tp the principal. (2) The Tenderer/ Contractor /Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 – Disqualification from process and exclusion from further contracts If the Tenderer, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Tenderer into question, the Principal is entitled to disqualify the Tenderer from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Tenderer/ Contractor / Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Tenderer/ Contractor from future contract award processes. The imposition and duration of the exclusive will be determined by the severity of the transgression. The severity will be determined by the circumstance of the case, in particular the number of transgression, the position of the transgressor within the company hierarchy of the Tenderer and the amount of the damage. The exclusive will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonable doubt is possible.

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(3) The Tenderer accepts and undertakes to respect and uphold the Principal’s absolute right to resort to and impose such exclusive and further accepts and undertakes not to challenge or question such exclusive on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice. (4) If the Tenderer/ Contractor / Supplier can prove that he has restored/ recouped the damage caused by him and his installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 - Compensation for Damages (1)If the Principal has disqualified the Tenderer from the tender process prior to the award according to section 3, the Principal is entitled to demand and recover from the Tenderer liquidated damages equivalent to Earnest Money Deposit/ Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee. (3) The Tenderer agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Tenderer/ Contractor / Supplier can prove and establish that the exclusion of the Tenderer from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damage, the Tenderer/ Contractor / Supplier shall compensate the Principal only to the extent of the damage in the amount proved. Section 5 – Previous Transgression (1) The Tenderer declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Tenderer makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 – Equal treatment of all Tenderer / Contractor / Supplier / Subcontractors: (1) The Tenderer/ Contractor / Supplier undertake to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Tenderers, Contractors / Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Tenderers who do not sign this Pact or violate its provisions.

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Section 7 – Punitive Action against violating Tenderers/ Contractors / Suppliers / Subcontractors: If the Principal obtains knowledge of conduct of a Tenderer, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of Tenderer, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 – Independent External Monitors: (1) The CVC has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Tenderer / Contractors / Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Tenderer / Contractors / Supplier. The Tenderer / Contractors / Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Tenderer / Contractors / Supplier / Subcontractor with confidentiality. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Tenderer / Contractors / Supplier. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Tenderer / Contractors / Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Officer, the Monitor may also transit this information directly to the Central Commissioner, Government of India. (8) The word “Monitor” would include both singular and plural.

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Section 9 – Pact Duration This Pact begins when both parties have legally singed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Tenderers, 6 months after the contract has been awarded. If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/ determined by Chairperson of the Principal. Section 10 – Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document/ contract shall not be applicable for any dispute arising under Integrity Pact. (2) Change and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Tenderer / Contractors / Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the reminder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. (5) If any Tenderer / Contractors / Supplier entering into Integrity Pact by any decision/action of the Principal, shall approach the IEMs and await their decision before pursuing any other remedy available to him in law. ----------------------- -------------------------------- For the Principal For the Tenderer / Contractors / Supplier Place …………………. Witness 1: ………………. Date………………….. Witness 2:……………….

TENDER NO: 1000359794 64

Technical bid Attachment-1

PARTICULARS OF THE TENDERER

Sr. No

Particulars Please provide complete details here (use additional sheets, if required)

1 Name of the Firm of Tenderer: 2 a. Registered Office Address:

b. Address for Correspondence: c. E-mail address:

3 Contact Details: Telephone No. : (with STD code) Fax No: (with STD code) Mobile No.:

4 Status of Tenderer viz. Individual, Firm, (Proprietor, Partnership, Limited Co., Others (Please specify) etc.,

5 Name/s of Proprietor/Partners/ Directors of the Company:

6 a)Year of establishment

b)Registration no. / Trading Licence no:

c)PAN No.

d)Solvency Certificate No.

e)PF Registration No.

f)ESI Registration No.

g)GST Regn. No.

7 a)Name of Bankers with full address

b)Style of account and Account No.

8 Please provide the three financial years annual turn-over in Rs. Crores.

2017-18

Rs. (in crores)

2018-19

Rs. (in crores)

2019-20

Rs. (in crores)

9 Name/s of the authorized representative/s. (Please attach a copy of

TENDER NO: 1000359794 65

POA of the representative/s to sign on behalf of the tenderer)

10 Whether the tenderer (Proprietor/Partners/ Directors of the Company) are related to (as defined under Companies Act 1956) any of the Directors of BPCL. If yes, name of the Director & nature of relationship.

11 Whether the tenderer is existing dealer / distributor of BPC. If yes, please give details.

12 Details of experience in Bunker Supply of Black oil / white oil through barge to vessels at Indian Ports:

1)Name of Oil Co / Industry

2)Contract reference no.

3)Period of Contract

4)Contracted volume / capacity

14 Whether any litigation / court case is pending against the tenderer which may affect the tenderer’s obligation to this contract, if awarded.

i) We confirm that we have qualified / trained / experienced staff on roll to carry out / handle this job.

ii) We confirm that the rates offered by us will remain valid for acceptance by you upto 180 days from the date of opening of Technical bid.

iii) This is to certify that the details as furnished by us have been verified and found correct. If any information is found to be incorrect, the contract awarded to us shall be liable to be cancelled by BPCL and we shall be liable to pay to the Corporation such damages as Corporation may be put to due to termination of the contract.

iv) We also undertake that should there be any action against the Corporation on account of award of contract in our favour on the basis of misrepresentation, we shall keep the Corporation completely indemnified against all the losses/damages, litigation, court action etc. This undertaking forms a part of contract agreement.

I / We affirm that all the terms and conditions of the tender are acceptable to us. Further I / We confirm that the information and statements furnished above are true and open for verification at any time. Name of Authorised Signatory: Signature of Authorised Signatory: Date / Place: Seal / Rubber Stamp of the Tenderer

TENDER NO: 1000359794 66

Technical bid Attachment-2 DETAILS OF BARGES OFFERED FOR BUNKER FUEL (VLSFO 380 cst) TRANSPORTATION CONTRACT – KOCHI PORT / OUTER ANCHORAGE (OPL)

1. Number of barges offered :__________

2. Details of barges offered for contract. (Extra sheet to be attached for more than one barge duly signed with seal.)

No Item Barge Particulars 1 Name of the barge Whether Self Propelled –Yes/No 2 Offered for – Black oil Service (Single/Double Hull) 3 Capacity of barge (DWT) 4 Operating capacity of barge in MT

(a) Inner harbour (b) Outer anchorage

5 Certificate of Vessel Registration 6 Registration No. 7 Registering Authority 8 Owner of the barge 9 Whether owned or leased 10 If leased, please mention period of lease 11 If leased / chartered, “NOC” from Barge Owner & Details

of charter agreement between barge owner & tenderer

12 Year Built 13 Builder 14 MMD Certification

(a) License No. (b) Valid up to : (c) Valid for Petroleum Classes (A / B / C)

15 Harbour Craft Licence issued by whom and validity 16 Canal License No & Validity 17 GRT 18 DWT Summer (MT) 19 LOA in metres 20 Breadth in metres 21 Fully loaded Draft in metres 22 Air Draft 23 Group of Tanks (Nos) 24 No. of cargo tanks with capacity of each Tank 25 Slop tank capacity 26 No. of ballast tanks 27 No. of cargo pumps 28 No. of stripping pumps with capacity 29 Pumping Rate (MT/hr) 30 Receiving rate (MT/hr) 31 Size of manifold connection in mm 32 Speed of the barge in Nautical miles per hours

TENDER NO: 1000359794 67

(a) In fully Loaded condition (b) In ballast condition

33 Type of Fuel Consumption (Fuel Oil /Diesel Oil) & Hourly consumption during voyage

34 Latest valid Calibration Certificate issued by (Certificate no. & validity with copy of charts)

35 Cargo Boat Licence issued by Customs Dept 36 Certificate of Survey issued by Maritime Board 37 Certificate of Class under MS / RSV Act issued by

recognised classification society / Maritime board, if applicable

38 Pass Pilot Certificate of the barge from Kochi Port 39 Details of Insurance & validity

a) Hull & Machinery insurance b) Pollution /Environmental Risks(P&I)

Signature Full Name: (Signed as Proprietor/Partner/Director) (NAME & ADDRESS OF THE PARTY WITH SEAL)

TENDER NO: 1000359794 68

Technical Bid Attachment-3

TENDERER’S COVERING LETTER (to be given in the Tenderer’s Letter head)

From : M/s. _______________________ (Name and Address of the tenderer) To: Territory Manager (Indl.,), Bharat Petroleum Corporation Ltd., I&C Territory, Kochi Refinery Marketing Office, Ambalamugal, Kochi -682302. Dear Sir, Sub: e-TENDER FOR BUNKER SUPPLY OF BLACK OIL BY BARGE TO COASTAL / FOREIGN VESSELS AT KOCHI PORT BERTH/ OUTER ANCHORAGE (OPL)– TENDER NO: 1000359794 ***** With reference to your subject e-tender, we confirm having carefully read and understood the various terms & conditions, annexures & attachments with the tender. We confirm having participated in the e-tender and submitted the required documents on-line. We hereby submit the following DDs in a sealed envelope as per details given here under:

Sr. No.

Particulars Enclosed (Please tick)

1 Tender Document Fee in the form of Demand Draft for Rs. 1,180/- (incl. GST)

2 EMD of Rs. 1,00,000/- by way of Demand Draft We attach herewith the following DDs: 1. EMD vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1,00,000 in favour of Bharat Petroleum Corporation Ltd., payable at KOCHI / ERNAKULAM. 2. Tender Fee vide DD No._________dated _______drawn on ____________(Name of the Bank) for Rs. 1,150/- in favour of Bharat Petroleum Corporation Ltd., payable at KOCHI / ERNAKULAM.

TENDER NO: 1000359794 69

I am / we are authorized to sign this tender as Proprietor or as per Power of Attorney issued by all other Partners / Directors as per Attachment-4. Thanking you, Yours Faithfully, Signature / Seal of the Tenderer: Name and Address of the Tenderer: Place / Date:

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

GENERAL IRREVOCABLE POWER OF ATTORNEY We, the undersigned (1) Shri ________________________________ (2) Shri _________________________ (3) Shri ___________________ all residing at _________________ the Partners / Directors of M/s __________________________ having its registered office at _________________________________ do hereby nominate, authorize and appoint Shri __________________________________ & Shri _____________________ who are our Partners/Directors in the firm to act as attorneys of our firm M/s ____________________ with full power and authority to exercise the following powers or any of them on our behalf and on behalf of our firm: i) To sign, seal, execute, perfect and/or complete the tender document for bunker supply of black oil by barge to coastal / foreign vessels at kochi port berths/ outer anchorage (opl) (Tender no: 1000359794) and also other relevant documents required by M/s. Bharat Petroleum Corporation Ltd., a company incorporated under the Companies Act, 1956 and having its Registered Office at Bharat Bhavan, 4&6, Currimbhoy Road, Ballard Estate, Mumbai-400001, hereinafter called the “Company” (which expression shall include its successors and assigns in law) in respect thereof. ii) To negotiate, enter into correspondence with the Company and do all and everything necessary suitable or proper with regard to the said tender for bunker supply of black oil by barge to coastal / foreign vessels at kochi port berths/ outer anchorage (opl). iii) To sign, seal, execute, perfect and/or complete bunker supply of black oil by barge to coastal / foreign vessels at kochi port berths/ outer anchorage (opl) Agreement and all and/or any other document, Indemnity Bond etc. required by the Company in connection with the said black oil barge transportation Agreement. iv) To do all acts, deeds, as may be necessary for and incidental to the execution of proper performance of the said black oil barge transportation agreement with BPCL. We the said partner(s) do hereby agree to allow, verify and confirm all and whatsoever the said Shri. __________________, and Shri____________________ shall or may do or cause to be done in or about the said tender and the black oil barge transportation 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/ black oil barge transportation Agreement / or refund of our Security Deposit whichever is later.

TENDER NO: 1000359794 71

In witness whereof, we have hereunto set and subscribed our hands at ___________ this _________ day of ____________ Two thousand and Eighteen.(2018).

Signatures Signed, Sealed and delivered by 1) Shri__________________ the within named partners/ Directors of M/s ______________________ 2)Shri___________________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)

TENDER NO: 1000359794 72


DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS

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

Organizational structure Part of the form applicable.

Sole Trader PART – A Partnership PART – B Company Private / Public / Co-operative Society PART -- C

PART – A (Applicable where Tenderer is Sole Proprietor)

1. Name:

2. Address: Residence: Office:

3. State whether tenderer is related to any of the Director(s) of BPCL: YES / NO

4. If ‘Yes’ to 3, state the name of BPCL’s Director and Tenderer’s relationship with him / her.

Place: SIGNATURE OF TENDERER Date:

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

1. Name of the partnership firm responding the tender:

2. Address:

3. Name of partners:

4. State whether any of the partner is a Director of BPCL : YES / NO*

5. If “Yes” to 4, state the name(s) of BPCL Director.

6. State whether any of the partner is related to any of the Director(s) of BPCL: YES / NO*

7. If “Yes” to 6, state the name(s) of BPCL Director and the concerned partner’s relationship with him / her.

*Strike off whichever is not applicable. Place: Date:

TENDER NO: 1000359794 73

PART – C

(Applicable where the Tenderer is a Public/Private Ltd. Company / Co-operative Society) 1. Name of the Company responding the tender:

2. Address of: (a) Registered Office:

(b) Principal Office:

3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.

4. Names of Directors of the Company/Co-operative Society

5. State whether any of the Director Of the Tenderer/Company is a Director of BPCL: Yes/No

6. If ‘Yes’ to (5) state the name(s) of the BPCL Director.

7. State whether any of the Director of the Tenderer Company is related to any of the Directors of BPCL: Yes / No*

8. If ‘Yes’ to 7, state the name(s) of BPCL’s Director & the concerned Director’s (of the tenderer Co.)

relationship with him / her.

*Strike out whichever is not applicable. Place: Date:

DECLARATION ‘A’

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

Place: Signature & Seal Date: DECLARATION ‘B’

We declare that we do not have any employee who is related to any officer of the Corporation / Central / State Government

OR We have the following employees working with us who are near relatives of the officers of the Corporation. Name of the Employee Name and Designation of of the Contractor the Officer of the Corporation 1. __________________________ ________________________ 2. __________________________ ________________________ 3. __________________________ ________________________ 4. __________________________ ________________________ Place: Date: Signature & Seal DECLARATION ‘C’

TENDER NO: 1000359794 74

The Tenderer is required to state whether he is a relative of any Director of our Corporation or the tenderer is a firm in which Director of our Corporation or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of our Corporation is member or Director, (the list of relative(s) for this purpose is given overleaf) Place: Date: Signature & Seal N.B: Strike off whichever is not applicable. If the Contractor employs any person subsequent to signing the above declaration and the employee so appointed happen to be near relatives of the Officer of the Corporation/Central/State Government, the Contractor should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Corporation/Central/State Government. LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife OR iii) The one is related to the other in the manner indicated below.

1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son’s Wife 5. Daughter(including Step Daughter) 6. Father’s Father 7. Father’s Mother 8. Mother’s Mother 9. Mother’s Father 10. Son’s Son 11. Son Son’s Wife

12. Son’s Daughter 13. Son’s Daughter’s Husband 14. Daughter’s Husband 15. Daughter’s Son 16. Daughter’s Son’s Wife 17. Daughter’s Daughter 18. Daughter’s Daughter’s Husband 19. Brother (including Step Brother) 20. Brother’s Wife 21. Sister (including Step Sister) 22. Sister’s Husband

DATE / PLACE SIGNATURE OF TENDERER:

TENDER NO: 1000359794 75



BANK GUARANTEE

This Deed of Guarantee made this _______ day of ________________, 2020 (Two Thousand and Twenty) between ________________________________________________ a Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act of 1970 having its head office at __________________________________________ and branch at ________________________ hereinafter called as the GUARANTOR (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the One Part AND Bharat Petroleum Corporation Limited a company registered under the Companies Act, 1956 and having its registered office at Bharat Bhavan, 4&6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called the CORPORATION (which expression shall unless excluded by or repugnant to the context mean and include its successors and assigns) of the Other Part. AND WHEREAS by an agreement bearing ______ day of ___________ 2020, made between ________________________________________ therein and hereinafter described as the Service Provider of the one part and the CORPORATION of the other part, the job as described therein had been awarded to the Service Provider by the CORPORATION to be done on the terms and conditions contained therein. AND WHEREAS it has been agreed that the Service Provider will provide Bank Guarantee in such form as may be acceptable to the Corporation as a security of due payment by money as the Service Provider may be liable to pay under the aforesaid agreement. AND WHEREAS on the request of the Service Provider, the guarantor herein is now agreeing to give such guarantee in the manner appearing hereinafter. NOW THIS DEED WITNESSETH AND IT IS HEREBY COVENENTED AGREED AND DECLARED BY THE GUARANTOR AS FOLLOWS : 1. The Guarantor shall also pay to the Corporation on demand without any demur any other

amount that may be payable by the Service Provider to the Corporation under the aforesaid agreement and will indemnify and keep indemnified safe and defended the said Corporation at all times hereafter against any loss which the Corporation may suffer by reasons of any default committed by the said Service Provider in observance and performance of the covenants of the said agreement and as also hereinabove and all cost, charges and expenses whatsoever which the Corporation may incur by reasons of any default on the part of the Service Provider.

2. The judgement of the Corporation as regards the failure on the part of the Service Provider

and/or quantum of shortfall of any product and/or nature of the contamination and/or the value of the product so found short and/or contaminated will be final and binding and the Guarantor will not have any right to question such decision of the Corporation and the Guarantor will pay the amount so demanded by the Corporation immediately on receipt of any written communication stating that Service Provider has failed to perform the agreement and/or to pay the sum which was payable by them in terms of the said agreement.

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3. The Corporation shall have the fullest liberty without in any way affecting this guarantee and discharging the Service Provider from their liability hereunder to postpone for any time or from time to time the exercise of the powers conferred on the Corporation under the said agreement and to exercise the same at any time and in any manner and either to enforce or forbear to enforce the covenants for payment of principal or interest or any other covenants contained in or implied under the said agreement or any other remedies or securities, if any, available to the Corporation or to grant or allow time or any indulgence or facility to or compound or to make any other agreement with the Service Provider without any further knowledge or assent of the Guarantor and take any other securities or promissory notes held or to be held by the Corporation from the Service Provider and the Guarantor shall not be released by any exercise by the Corporation of its liberty with reference to the matters aforesaid or any of them or by reason of time being given to the Service Provider or of any other forbearance, act or omission on the part of the Corporation or any other matter or thing whatsoever and the Guarantor hereby waive all rights of suretyship and other rights which they might otherwise be entitled to enforce.

4. The Guarantor will observe and perform all the terms and conditions and covenants

contained in the said Agreement in the same manner in which the Service Provider is liable for the due observance and performance of the said terms and conditions and covenants.

5. The Guarantee herein contained shall be irrevocable and absolute and independent of any

right or remedy the Corporation may have against the Service Provider and accordingly the Corporation shall be entitled to enforce against the Guarantor the Service Provider’s liability without initiating or enforcing its remedies against the Service Provider and notwithstanding that the securities, if any, hereinafter received from the Service Provider or any of them shall at the time when proceedings are taken against the Guarantor hereunder be outstanding or unrealised.

6. In order to give effect to the Guarantee herein contained the Corporation shall be entitled to

act as if the Guarantor was principal debtor to the Corporation for all payments and covenants guaranteed by it as aforesaid to the Corporation.

7. The Guarantee herein contained is a continuing guarantee and shall be binding and operative

until repayment is made of all monies due to the Corporation under the said Agreement aforesaid.

8. The Corporation shall be at liberty to enforce the guarantee under this deed separately from

or independently of the said agreement and such enforcement shall not be regarded as releasing or in any way affecting the agreement or its enforcement.

9. The obligation of the Guarantor in terms hereof shall not be in any way affected or suspended

by reason of any dispute or disputes having been raised by the Service Provider (whether or not pending before any arbitrator, officer, tribunal or court) or any denial of liability by the Service Provider or any other order of communication whatsoever by the Service Provider stopping or preventing or proposing to stop or prevent any payment by the Guarantor to the Corporation in terms hereof.

10. The Guarantee herein contained shall not be determined or in any way prejudiced by any

absorption or amalgamation or reconstitution or alteration of the Corporation or of the Service Provider or otherwise and the guarantee shall remain such full force and be operative against the Guarantor until the obligations of the Guarantor hereinafter are fully discharged.

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11. That nothing omitted or done by the Corporation shall in any way affect or discharge the

liability of the Guarantor under these presents. 12. All sums hereby guaranteed by the Guarantor shall be due and payable to the Corporation at

Kochi in terms hereof after notice in writing, requiring payment of the same shall have been delivered or sent through registered post, addressed to the Guarantor at their aforesaid address.

13. The Guarantee herein contained shall not be affected or discharged due to any amalgamation

or reconstitution of the Guarantor but shall in all respects and for all purposes be binding and operative until payment of all monies due to the Service Provider as mentioned hereinbefore recited agreement.

14. Notwithstanding anything contained hereinbefore the Guarantor’s liability under this

Guarantee shall be limited to the extent of ` ___________ and unless any claim is lodged with the Guarantor at their office mentioned hereinabove by three months from __________ day of _____________________ this Guarantee will be discharged and the Guarantor will be relieved from the performance of this guarantee forever.

IN WITNESS whereof the Guarantor herein set their respective hands and seal on the day, month and year first herein above written. SIGNED, SEALED AND DELIVERED By Shri The GUARANTOR herein at ____________________ in the presence of :

TENDER NO: 1000359794 78


Holiday Listing Declaration (on tenderers letter head) Ref no: To; Territory Manager (I&C) Bharat Petroleum Corporation Ltd, Kochi.

Subject : Holiday Listing.

We, M/s __________________________ , herewith declare that currently we are not serving any Holiday Listing orders issued by BPCL/MOPNG debarring us from carrying on Business Dealings with BPCL/MOPNG or serving a banning order by another Oil PSE. Place: Signature: Name: Date: Seal of the firm:

TENDER NO: 1000359794 79


CHECKLIST FOR CATEGORY QUOTED/APPLIED BY TENDERER

Sl No Category Particulars Applied/Quoted status

(Yes /No ) 1 Bunker fuel (VLSFO 380 cst) transportation & delivery from Hired

Terminal, Wellington Island – Loading at SCB/Q4/any other designated berth for fuel loading

1.1


1.1.1 Stem sizes less than or equal to 400 MT 1.1.2 Stem sizes above 400 MT 1.2 To ships/vessels at anchorage/Outer anchorage / Outer

Anchorage (OPL) in Non Monsoon period


1.3 To ships/vessels at anchorage/Outer anchorage / Outer Anchorage (OPL) in Cochin Port notified Monsoon period

1.3.1 Stem sizes less than or equal to 400 MT

1.3.2 Stem sizes above 400 MT and less than or equal to 1000 MT 1.3.3 Stem sizes above 1000 MT

Note:

1. Tenderer has to specifically indicate in the above checklist by writing ‘YES/NO’ for categories quoted by them.

2. The categories in the above checklist which are checked as ‘YES’ by the Tenderer will only be considered for Technical Evaluation.

DATE / PLACE SIGN/SEAL OF TENDERER:

TENDER NO: 1000359794 80



AFFIDAVIT

I / We ______________________________ S/O Shri________________________ resident of_____________________________ do hereby solemnly affirm and declare as under: 1. That I / We are the owner of Barge Name. __________________ having capacity_________Kiloliters bearing registration no. ________________. 2. That I / We have attached / shall keep attached the above mentioned barge with M/s.________________________________(Name of the tenderer) till the validity of Barge Bunker Contract awarded by Bharat Petroleum Corporation Ltd. in favour of M/s _____________________________(Name of the tenderer). 3. That during above period, M/s __________________________ (Name of the tenderer) alone shall have all the rights of operating the said barge and receiving consideration for such operation.

DEPONENT

VERIFICATION Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing has been concealed therein.

DEPONENT

Verified at _____________________ on ______________________________ Notary Public

TENDER NO: 1000359794 81

Sr. No Description Remarks

2 E-mail IDPls. indicate e-mail Id to be used by us for sending updates,information, etc.

3 Mobile No. + 9 1 - Pls. indicate mobile No to be used by us for sending updates,information

4 Telephone No.Pls. indicate STD code followed by Telephone No.

6 PAN NumberPlease attach self attested Copy of Pan Card

7 Whether registered under GST Pl tick wherever applicable.

8GST Regn no. /Composition registration no.

1Please attach the self attested registration Certificate

9Whether unit for which GST no. is provided is located in SEZ

Pl tick wherever applicable.

10Whether having multiple registration in a state

Pl tick wherever applicable.If Yes, specify business Division

11 Whether registered under MSME Pl tick wherever applicable.If Yes, please fill Annexure3

Technical Bid Organisation and Tax related Details Attachment-10

I/We confirm that information provided above is true to my knowledge & belief.

___________________ __________________________ __________________________________________ _____________________ (Vendor Name) (Vendor Code in BPCL) (Name & Signature of Authorized signatory) (Company Seal)

Date:________________________

Communication Address as per GST registration address

Pls provide address details5

Vendor Response

STD

NO

YES

Unregistered

NO

YES

Building :

NO

Business Division:

District/Taluka/Zilla:

State: PIN:

YES

Registered Composition

Landline

Village/City:

1.Pl tick wherever applicable.

2.Pls. attach self attested and stamped copy of relevant Registration Certificate/Partnership/Trust Deed/lease deed

3. For foreign vendors , details mentioned in Sl. no.6 is optional and Sl.no. 7 to 11 are not applicable.

Type of Company (Nature of Entity or Business Concern(Please tick the appropriate Value)

1

Street:

17 Others, pl Specify:

01 Individual

07 Partnership Firm 05 Co-op. Society 03 Association of Persons (AOP)

09 Public Ltd. Company 11 Central PSU13 Central Govt. Authority/Department 15 Limited Liability Partnership(LLP)

02 HUF04 Body of Individuals (BOI)06 Trust08 Sole Proprietorship Firm10 Private Ltd. Company 12 State PSU14 State Govt. Authority/Department16 Foreign Vendor

TENDER NO: 1000359794 82

S.No Particulars

1 Vendor Name

2 Vendor Code

3

3(a) Name of the Bank

3(b) Name of the Branch

3(c) Bank Address

3(d) City Name

3(e) NEFT IFSC Code

3(f) Bank Account No.

Date:________________________Company Seal

Date:________________________Official Seal of BankSignature of Authorized Official of bank

Name & Signature of Authorized signatory

Particulars of Bank Account:- (Attach Self attested and stamped copy of cancelled cheque or Duly Filled latest bank certificate)

National Electronic Fund Transfer (NEFT) Mandate Form for BPCL's purpose

(Mandate for receiving payments through NEFT from Bharat Petroleum Corp Ltd.)

Bank Certificate for BPCL's purpose

We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, We would not hold the company responsible

Details

We certify that the details given above are correct as per our records.

TENDER NO: 1000359794 83

Sr. No Description Vendor Feedback Remarks

1 MSME Registration /Udyog Aadhar Number

Please attach self attested and stamped Copy of MSME Registration/UAM certificate for verification.

2 MSME Registration /Udyog Aadhar Number

As mentioned in Registration Certificate.

3 District of Registration for MSME/UAM

As mentioned in Registration Certificate.

4 Registration Category As mentioned in Registration Certificate.

01- Micro02- Small03 - Medium

5 Registered activities for MSME As mentioned in Registration Certificate.

01 Manufacturing02 Services

6 Proprietor/Partners/Promoters details belonging to Schedule cast/Schedule tribe (SC/ST)

Name:

Name:

Name:

Please provide details as per SC/ST certificate & attach the same wherever applicable. (Please note that in case no certificate is enclosed for SC/ST, it shall be deemed that the entity owners does not fall in the category.)

I/We confirm that information provided above is true to my knowledge & belief.

________________________________ ______________________ _______________________________________ ________________________________(Vendor Name) (Vendor Code in BPCL) (Name & Signature of Authorized signatory) (Company Seal)

Date:________________________

Micro Small &Medium Enterprises (MSME)/Udyog Aadhar Registration Details

TENDER NO: 1000359794 84


Date:………………………

CERTIFCATE CONFIRMING ELIGIBILTY FOR BENEFITS OF PUBLIC PROCUREMENT POLICY AS MSMED ACT 2006

Ref: Tender No…………………………………………

for…………………………………………….……………………………………………

This is to confirm that we have verified the investment limits and other details of Unit

……………………………………………………..… pertaining to M/s ……………………………………………………..........and

certify that they satisfy the eligibility criteria as per MSMED Act, 2006 and other notifications/circulars

issued time to time in this regard. Accordingly, M/s …………………………………………………………………… is a

Micro/Small enterprise (specify whichever is applicable) under the said Act and are eligible to claim

the benefits of public procurement policy as per MSMED Act 2006 for the tender mentioned above.

Signature of Chartered Accountant

Membership No.

Name & Address

Seal

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