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WAI LPG BOTTLING PLANT

BHARAT PETROLEUM CORPORATION LIMITED

C-12, MIDC AREA, WAI TALUKA, DIST. SATARA, MAHARASHTRA 412803

LIMITED TENDER

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TENDER FOR PROVIDING SERVICES OF SALES ASSOCIATES ON CONTRACT FOR SATARA,

SANGLI & KOLHAPUR DISTRICT OF WAI LPG TERRITORY

1. About the Company Bharat Petroleum Corporation Ltd. (BPCL) is one of the leading Oil Refining and Marketing

companies in India. The company produces a diverse range of products, from petrochemicals and

solvents to aircraft fuel and specialty lubricants and markets them through its wide network of

Petrol Stations, Kerosene Dealers, LPG Distributors and Lube Shoppe’s.

2. Objective of the Tender The objective of this tender is to invite bids from vendors for the job of SERVICES OF SALES

ASSOCIATES ON CONTRACT FOR SATARA, SANGLI & KOLHAPUR DISTRICT OF WAI LPG TERRITORY.

This tender document consists of the following annexures, which are enclosed:

a) Techno-commercial Bid: Terms of Reference

Instructions to tenderers.

Terms and Conditions of Contract

Information pertaining to Credential Information, Technical Information and Relationship with

Directors shall have to be submitted online.

Price Bid: A price bid shall also have to be submitted online as per Annexure 25.

3. INTEGRITY PACT (IP): IP is a pact between BPCL (as a purchaser) on one hand and the bidder on the other hand stating that the two parties are committed to each other in regard to ensuring transparency and fair dealings in this procurement activity. Bidders shall have to essentially sign this pact for participating in this tender, as per the pro-forma given at (Annexure 23). The salient features of this program are:

a. Performa of Integrity Pact shall be uploaded by the bidder/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. Bidder’s failure to upload the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b. If the bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the bidder Price reduction/ 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 the Vendor, Price reduction/ Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee/ Supply & Performance Guarantee amount as per provisions of the Integrity Pact.

d. Bidders may raise disputes/ complaints, if any, with the nominated Independent External Monitor whose name/ address/ contact numbers are as given below:

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To be contacted for All Clarifications/ Details Regarding This Tender:

1) Name of Procuring Officer-PO Krishan Kumar Gupta, Assistant Manager, BPCL LPG WAI

2) PO’s Office Address Plot no. C-12, MIDC, WAI, Satara-412803

3) PO’s Contact Number 9130009677

To be contacted for COMPLAINTS ONLY:

NAME

Shri. Virendra Bahadur Singh

Shri. Sudhir Chowdhary

Shri. Vikram Srivastava

ADDRESS H.No. B-5/64, Vineet Khand,

Gomati Nagar, Lucknow -

226010

Flat No. 203, Adarsh CGHS

Ltd. Plot No. 67, Sector – 55,

Gurugram

E-202, Second Floor , Greater

Kailash Part 2, New Delhi - 110048

Email Id: vbsinghips@gmail.com Sudhirchowdhary38@yahoo

.com

vikramsrivastava1973@gmail.com

4. All the documents associated with Techno-Commercial bid (consisting of all the afore-mentioned annexures, documents uploaded by the bidder and Techno-Commercial Information submitted) and price bid shall form the part of the tender. The entire bid shall be online only. General Instructions to vendors for e-tendering are as given in the Annexure III of this tender.

Offers should strictly be in accordance with the tender terms & conditions and our Terms of

Reference (TOR). Bidders are requested to carefully study all the documents/annexures and

understand the conditions and TOR before quoting the rates and submitting this tender. In case

of doubt, written clarifications should be obtained, but this shall not be a justification for request

for extension of due date for submission of bids.

5. PURCHASE PREFERENCE CLAUSE

If the vendor is an MSME vendor and has a valid certificate from NSIC/DIC/KVIC/KVIB/ Coir

Board/NSIC/Directorate of Handicrafts and Handloom or any other body specified by

Ministry of MSME, they will be exempted from submitting EMD. In the same, certificate

should be attached in the EMD/Document bid. If the certificate is not attached / certificate is

not valid/ registration is not done for specified category of job then vendor will not be

treated as a MSME vendor.

Participating MSE vendor quoting price within the band of L1+15% are allowed to supply a

portion of requirement by bringing down their price to L1 price in a situation where L1 price

is from someone other than an MSE. Such MSEs are placed order to supply at least 20% of

total tendered value. In case of more than one such MSEs who match the L1 price, the

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supply is shared proportionately (to tendered quantity). In case of non divisible tender, an

MSE quoting in the price band of L1+ 15% shall be awarded for full/ complete supply of

tendered value, considering the spirit of policy for enhancing the government procurement

from MSEs subject to bringing down of the price to L1 by the concerned MSE.

In case more than one such MSE’s are in the price band of L1+15%, then L1 MSE will be

offered first and if matches the L1 price, MSE shall be allowed to supply and installation of

total tendered quantity. If L1 MSE does not match L1 price, other MSEs Failing in the range

of L1+15% band will be offered in order of L2 MSE, L3 MSE etc. until they match L1 price.

In case of non-divisible tenders, an MSE quoting in the price band of L1+15% may be

awarded for full/complete supply of tendered value, considering the spirit of policy for

enhancing the government procurement from MSEs subject to bringing down of price to L1

by the concerned MSE.

Also all Bidders quoting as MSME would be required to submit CA certificate along with MSE

registration certificate (Not applicable in case of NSIC) to avail the benefits under public

procurement policy as per MSMED act 2006/ Public procurement order 2012. The CA

certificate must be dated after the date of floating of tender and shall be specific to the

tender for which bid is being submitted. Format for CA certificate is attached as annexure at

the end of tender document.

Further above mentioned CA certificate need not to be submitted if the bidder submits valid

NSIC certificate.

In case Bidder submitting MSME certificate issued by Udyog Aadhar without CA certificate ,

vendor will be treated as a regular vendor and no special preference as per purchase

preference clause will be passed on to the vendor.

This tender is a non- divisible tender.

6. Please visit the website https://bpcl.eproc.in for participating in this tender process and submitting your bid online.

7. Your online bid to be submitted on or before the due date of this tender viz. 15.06.2020 by 11:00 AM.

8. Bid submitted after the due date and time of closing of the tender or not in the prescribed format is liable to be rejected. BPCL does not take any responsibility for any delay in submission of online bids due to connectivity problem or non-availability of site and/or other documents/instruments to be submitted in physical form due to postal delay. No claims on this account shall be entertained.

9. Following are the mandatory documents which need to be uploaded by the bidder:

Latest Vendor registration certificate.

PF registration

ESIC registration

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Latest Work Completion certificate (not older than 2 years) for similar work described in scope of work

Latest Purchase order/ LOI for award of job for similar type of work in other OMCs.

MSME/ NSIC certificate if applicable

CA certificate as a proof of MSME vendor with submission of Udyog Aadhar certificate.

Signed and Stamped copy of Tender documents.

10. Price bid of only those tenderers shall be opened whose mandatory documents are found to be correct and acceptable.

11. DIGITAL SIGNATURE: The tender documents along with Annexure thereto and Price Bids shall be required to be digitally signed with a Class II B or above digital signature by the authorized signatory. The authorized signatory shall be:

i. Proprietor in case of proprietary concern. ii. Authorized partner in case of partnership firm.

iii. Director, in case of a Limited Company, duly authorized by its Board of Directors to sign.

If for any reason, the proprietor or the authorized partner or director as the case may be, are

unable to digitally sign the document, the said document should be digitally signed by the

constituted attorney having full authority to sign the tender document and a scanned copy of

such authority letter and also the power of attorney (duly signed in the presence of a Notary

public) should be uploaded with the tender. Online submission of the tender under the Digital

Signature of the authorized signatory shall be considered as token of having read, understood and

totally accepted all the terms and conditions of this tender.

12. Vendors, on the Black/Holiday List of BPCL/ MoP&NG/ Oil PSE shall not be considered. BPCL reserves

the right to accept or reject any or all the Offers at their sole discretion without assigning any reason whatsoever. BPCL’s decision on any matter shall be Final & any vendor shall not enter into correspondence with BPCL unless asked for. BPCL may call for additional documents if required. BPCL would also consider information already available with them regarding Vendor’s credentials.

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13. SUPPORT DESK: In case of any clarification pertaining to E-Procurement Process, the vendor may contact ETL on Contact Numbers and E-Mail Ids, as appended below.

All India : +91 79 4001 6868 support@bpcleproc.in

Satyanarayan Behera (90040 14223) satyanarayan@procuretiger.com

Mr.Harshal Sapkale (6351896636) mumbai.support@abcprocure.com

14. For clarifications, if any, please feel free to contact us on any working day between 10:00 am to 4:00 pm:

1. PROCUREMENT OFFICER: Krishan Kumar Gupta, Asst. Manager, Ops, LPG WAI, Contact info: 91030009677 Email ID: krishankumargup@bharatpetroleum.in

2. TENDER ENQUIERY ADDRESS: Plot No. C-12, MIDC area, Tal. WAI, Dist. Satara, Maharashtra -412803. Timing: From Monday to Saturday; 9:00 AM to 16:00 PM

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TERMS OF REFERENCE

The scope of work involves the job of Services of Sales Associates On Contract For Satara, Sangli

& Kolhapur District Of Wai LPG Territory which involves provision of skilled manpower.

Officers from BPCL available at the Plant will ensure overall performance of the Vendor and compliance vis-à-vis the contractual obligations and /or BPCL requirements.

The above list is only for illustration any addition or deletion in the scope of the Work will be as

per the advice from BPCL.

The Vendor has to maintain all necessary documentation and records such as Copy of wage register/proof of payment of wages, copy of PF ECR, Copy of ESI deposition (If applicable).

Required reports shall be submitted on a periodical basis to BPC. Reports can be daily/ weekly /monthly as per advice of BPCL. The relevant important data shall be computerized for easy scrutiny of various parameters as well as presented in graphical form, wherever possible, to facilitate monitoring of performance on a monthly basis. It shall be furnished to BPC by first week of every month. All reports shall be furnished to BPC in CD/by e-mail/hard copies, as

required.

The detailed scope of services shall be guided by, but not limited to, BPCL Operations Manual, Standard Operating Procedures (SOP), Safety Manuals, Policy circulars issued from time to time by BPCL, various OISD codes, etc., in order to ensure high productivity, quality and safety at all times. Vendor shall have to work as per the scope of work and instructions from officer in charge from time to time. Person deployed must work as per the set of work instructions, generate reports once instructed.

VENDOR’S SCOPE OF SUPPLY

The Vendor shall provide assistance for Customer relation cell, Store Keeping, Engineering

Assistant and planning assistant at Wai LPG Territory as under. Thus Vendor’s scope of supply

shall include but not restricted to the following:

i) Requisite manpower (both skilled & unskilled) with all the relevant PPEs, hand gloves, boiler

ii) Compliance to labor act, factory act including filing of returns (monthly/half yearly/yearly as applicable).

iii) Generating and preserving all Operations and Inventory related records as per the formats provided and producing them to BPCL as and when directed.

iv) The Successful contractor must also submit the following after

ITI/ Diploma certificate/ Computer Course certificate of all the workmen to be deployed

at site.

The above shall be read in conjunction with the subsequent sections of this tender

document for more clarity on the scope.

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SCOPE OF WORK OF SERVICES

The scope of this contract covers job of providing Sales associates at Wai LPG Territory

All the following jobs is as is where is basis and as per the requirement of the Plant.

JOB

no.

JOB Name Manpower manpower req.

per day

Experience

1

Sales Associate Skilled 6 Candidates to be engaged should be

Graduate in any stream. With at least 1

year experience in Sales /marketing

having good communication skills

preferably BBA/ MBA

Above mentioned quantity of manpower is a maximum quantity to preform work on daily basis,

however, Vendor is not restricted to engage more manpower to complete the scope of work

described below. However, No extra payment will be provided by the BPCL for any extra

manpower engaged to complete the work in due time.

However, this tender has been prepared by considering the requirement of manpower in WAI

LPG Territory in near future. Therefore, BPCL at its sole discretion will intimate the successful

vendor to engage the required manpower at a particular time. BPCL will intimate any changes

in manpower requirement beforehand during contract period to successful vendor. Hence,

payment to the vendor will be processed only for the deployed manpower at site.

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Annexure: I- Scope of work

1. The jobs mentioned in the Tender are of purely of temporary in nature.

The role and activities to be carried out by the Sales Associates are as under:

i) Distributorship Governance

Giving a checklist of all formats / registers with samples to distributor at the time of issuance of LOI and the same is used while giving training to them before issuance of LOA.

Maintain and update Customer contact register. Monitoring of transparency portal and LPG Next data / LPG one data on regular basis

from office Regular inspection e.g. Showroom, Godown, Stock check, and SVTV Audit and audit

of the distributorship as per norms. Assess adequacy of manpower, infrastructure, customer care facilities, Emergency

handling processes and management by RGGLV and submit reports to Sales Officer/Territory Manager with recommendation.

ii) Monitoring of Sales target

Mutually agreed annual target is fixed in the beginning of the year after detailed discussions. To monitor Sales and follow up with the distributor on potential vs achievement.

Quarterly discussion on target vs achievement and shortfall.

iii) Customer Enrollment, Transfer & Portability

Visit 5% of the NC customers to verify and qualify the genuine customer, check installations by trained mechanic and assess the safety awareness of the customer and family.

Take feedback on smooth NC release process & Installation. Visit 5 % of TV- IN customers and take feedback. Visit 10 % of refill customers on random selection basis to check deliveries against

booking and detect diversion if any. Visit customers transferred on portability to find out reasons. Check SVs released to CSR customers with proper documents as per procedure and

guidelines.

iv) Customer Service and Complaint Redressal

To check display of mandatory boards. Making customer contact during visit of distributorship Finalization of various customer awareness / engagement programs in the beginning

of year, which includes distributor level, district level, sales area level and territory level.

Follow up on the customer engagement program on monthly basis. To address customer grievances and close complaints in CCS package within

prescribe time period.

Mobile no approval with LPG Next authority

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Unblocking of customers

Document change for deposit

Opting in/ out process

v) Safety Awareness

To check display of mandatory safety boards Making customer contact during visit of distributorship on PDI Finalization of various safety programs such as safety clinic, hot plate camp etc. in

the beginning of year, which includes distributor level, district level, sales area level and territory level.

Follow up on these programs on monthly basis. Train the mechanic and RGGLV staff on LPG properties and related safety aspects,

safe installation procedure, Emergency handling and conservation Tips regularly (2

per RGGLV/ per month).

Random check of Mandatory inspections at customers premises (2% of the

customers 10 years and above) covering all the RGGLVs of the sales area.

Random check of customers (10 nos per week) for verification of PDI on delivery.

Organise safety clinics with the help of RGGLV (minimum once a week) covering all

RGGLVs on rotation.

vi) Brand Promotion and CSR activities

To check display of all boards as per proper VM at godown / show room during visit Finalization of various brand development program such as participation in Mela,

Utsav, and CSR activities etc. in the beginning of year, which includes distributor level, district level, sales area level and territory level.

Involvement of local public representatives for better brand visibility. Follow up on these programs on monthly basis Execution of any additional job/special drive on the field launched by Company/Govt. The Sales Associate (RGGLV) will be reporting to respective Sales officer as advised

by the Territory Manager

vii) Pradhan mantra ujjwala Yojana (PMUY) and Pradhan Mantri Garib Kalyan Yojana (PMGKY):

To enroll distributors and their staff for the said schemes. Daily Follow up with Distributors / managers regarding Customer Enrollments / Refill

deliveries etc. Daily follow up with Distributor /Managers regarding Transaction Failure cases. To guide and follow up with distributors / managers for BCTC, Single AADHAR cases

and Seeding of Bank account. Any other work associated / related to above schemes.

viii) Digital – Brand Ambassedor for the Sales Area:

To enroll distributors and their staff and train them for all Digital intiatives rolled our or communicated from time to time.

Daily Follow up with Distributors / managers regarding Digital transactions / Usage of LMD App / PayTM EDC/Amazon and other eWallet transactions.

Daily reporting of Digital MIS as per the format given. Any other work associated / related to above schemes.

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1. Technical requirements for the Manpower agency:

1.1 Obligations on the part of the Vendor: a) The vendor shall be expected to provide CVs of the candidates within two days of

receipt of our indent for Manpower. b) The CTCs will be indicated by the BPCL which will be inclusive of all statutory

payments like PF, ESI, Leave Salary, Bonus etc. The vendor is expected to pay as per CTC and maintain Associates’ Payroll, Extension of period and Termination.

c) The vendor shall provide laptop of approved specification to the candidates along with reliable network connectivity (device to connect to the internet). No reimbursement shall be provided by BPCL for the same.

d) The vendor shall provide a mobile phone (smart) to the candidate and ensure that it will be in working condition all the time during tenure of the contract.

e) The Sales Associates engaged by the Vendor for rendering the services shall be employees of the Vendor who shall be solely liable and responsible for timely payments of all dues to such Sales Associates such as salaries, wages and other dues.

f) Vendor being the employer of the Sales Associates shall be responsible for all the statutory liabilities under all the labour laws as applicable.

1.2 Right to Reject:

BPCL would reserve the right to accept or reject any proposal without assigning any

reason whatsoever. In the matter of interpretation of these qualification criteria or any

other matter related to this proposal, BPCL’s decision shall be final. Needless to mention,

any material misrepresentation in the proposal will result in immediate disqualification

and no communication whatsoever in this regard will be entertained.

2. The profile of the Sales Associate (SA) would be as under:

The minimum qualification of the candidates to be engaged should be Graduate in

any stream. With at least 1 year experience in Sales /marketing.

Candidate should be proficient in Computers with good working knowledge of

MS Word, MS Excel and MS PowerPoint, Internet Explorer.

Candidate should be physically fit, highly energetic & willing to stay / work in

remote areas and work for extended hours.

Candidate should have fairly good communication skills (written as well as

verbal).

Candidate should have command over English, Hindi / Local Vernacular

Language.

Maximum age of the Associate allowable is 30 with no physical handicap; no

color blindness.

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Penal Clauses for Tender

Penalty

Sr

No Deviation

Deviatio

n Type 1st Instance 2nd Instance

3rd

Instance 4th Instance

1 Non adherence to Scope of

Work

Major

Show cause

Notice,

Reply to be

submitted

within 7

working

days

Penalty of Rs

5000/-

Penalty of

Rs 7500/-

Penalty of Rs

15000/-

2 Non adherence to tender terms

and condition.

5

Sales associate, and contractor

trying to enter plant premises

under influence of Liquor or

found having / drinking liquor at

plant.

6

Sales associate, and contractor

trying to enter plant premises

with mobile phones, gadgets,

laptop and other restricted

material inside license area.

10 Identity Card not available with

contract labors Minor

Penalty of

Rs 500 per

Instance per

person

Penalty of Rs

1000 per

Instance per

person

Penalty of

Rs 1500

per

Instance

per

person

Penalty of Rs

2000 per

person

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Less manpower deployment

(compare to as mentioned at

tender conditions)

Minor

Twice the

amount

quoted by

vendor for

one man

day.

Twice the

amount

quoted by

vendor for

one man day.

Show

cause

Notice,

Reply to

be

submitted

within 7

working

days

Penalty 1.5 %

of Monthly bill

Specific Penalties - Activity wise deviations (In addition to above, following penal action may arise in case of

deviations observed by BPCL).

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Sr

No Activity Deviation 1st Instance 2nd Instance 3rd Instance

1 Sales Associate

Nonperformance of

job as per Scope of

work

Rs 2500 /- Rs 5000/-

Penalty/ action

as per BPCL

discretion

Absenteeism

without information Rs. 1500 per day

Show cause Notice,

Reply to be

submitted within 7

working days

Penalty/ action

as per BPCL

discretion

False report/ data

Submission Caution Letter

Show cause Letter

and penalty of Rs.

5000 per instance

Penalty/ action

as per BPCL

discretion

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SPECIAL CONDITIONS OF CONTRACT

GENERAL:

(a) “Owner” means “Bharat Petroleum Corporation Ltd”, incorporated in India having its

Registered Office at Currimbhoy Road, Ballard Estate, Mumbai -400001.

(b) It is implied that wherever “BPC” or “BPCL” is appearing in the various sections of the

tender document the same shall be read as” Bharat Petroleum Corporation Ltd ”

(c) Wherever, vendor, bidder, tenderer has been mentioned, it implies the successful Bidder.

(d) Notwithstanding the subdivision of the document into these sections and volumes every

part of each shall be deemed to be supplementary and complimentary of every other part

and shall read with and into the contract so far as it may be practicable to do so.

(e) The Vendor has to maintain all necessary documentation and records such registers,

Inventory registers, Daily reports, Weekly reports, Monthly reports, Material reconciliation

reports and all other documentation as required for the smooth and effective

implementation of the work. Such of these reports as advised from time to time shall be

submitted on a periodical basis to BPCL. All reports submitted to BPC shall be in duplicate

and also in a soft form.

(f) The contract shall be treated as having been entered into from the date of starting of work

by vendor.

(g) The tenderer has to upload his vendor registration certificate, MSME registration certificate (if applicable), PF registration certificate and ESIC registration certificate to e- tender website under while quoting for the tender. Failing to upload the vendor registration, PF registration and ESIC registration certificates will lead to disqualification from the tender and failing to upload the MSME certificate (if applicable) will be treated as a Non MSME vendor.

(h) It is expressly agreed between the Parties that the Vendor is merely permitted to enter

upon the premises for providing services of assistance in PLANT MAINTENANCE, ELECTRICAL

MAINTENANCE & FIRE FIGHTING FACILITIES during the term of the agreement. The Vendor

shall have no right, title or interest of any nature whatsoever in the said premises, plant,

products or machinery. The Vendor undertakes not to claim tenancy, ownership, leasehold

rights on the said products, plant or machinery

(i) Contractors has to quote on taking into consideration of overtime, leave with wages rule as per current minimum wage act of Maharashtra w.e.f from 01.04.2020.

(j) Tenderer is supposed to visit the site before quoting for the job for acquaints him with the job Schedule and available facilities at the location. If the Vendor does not visit the site and sign the site visit certificate at site in presence of BPCL officer, it will be understood that he has visited the site and does not have any query pertaining to the tender conditions. Also it must be noted that vendor can’t claim latter that he has not understood the site conditions.

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(k) The rates shall be quoted by the vendors as per minimum wages act, factories act only. The

current rates as per MINIMUM WAGES RULE is listed in the given table below. The tenderer has to follow & pay his workers, in accordance with the minimum wage structure, for which the total cash outflow of the tender comes to the order of Rs 2,398,092.85/-(Rupees Twenty Three lakhs Ninety Eight Thousand Ninety Two and Eighty Five Paisa only) considering all the statutory charges i.e. Minimum wage, DA, PF, EDLI, ESI, Miscellaneous allowance, communication & Conveyance allowance etc. as per table given below. The above amount is including GST but excluding Escalation in minimum wages and contractor margin. If the quoted amount by the tenderer is less than Rs 2,398,092.85/-(Rupees Twenty Three lakhs Ninety Eight Thousand Ninety Two and Eighty Five Paisa only) then the tenderer’s price bid will not be accepted & it will be rejected on account of charges less than minimum wages. The minimum wages are set by the govt. of Maharashtra and are to be strictly adhered and followed. In case of any doubts, the tenderer can contact BPCL officers for clarifications.

LPG.WR.WAI.19.TEND/05/2020-21 ANNEXURE 2

CALCULATION OF MINIMUM WAGES FOR SKILLED LABOR IN

MAHARAHSTRA AREA C (ZONE III) AS PER THE MIN. WAGE OF MAHARASHTRA (BASIC + DA) (attached as annexure)

Skilled

As per Minimum wage ACT;01.04.2020

Minimum Wages (Basic + DA+ additional charges) 740.53

PF 12.00% 88.86

EDLI @ 0.5% 3.70

Admin charges 0.5 % ( Under EPF act) 3.70

Bonus @ 8.33% 61.69

ESIC 3.25 % (Employer contribution) 24.07

Leave with wages @6.73 % 49.84

Total/day/person ( min wage to be paid by vendor) 972.39

Total Cost for Labor/MONTH @ 26 DAYS 25282.14

Miscellaneous allowances (MA) 944

CTC OF 1 SALES ASSOCIATE (as per Minimum wage and allowances)

26226.14

Communication and conveyance allowances (@Rs. 500 and Rs. 1500 respectively)

2000.00

Monthly fixed cash out flow to be paid to Skilled personal

28226.14

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(l). Security Deposit: (Applicable only for works costing Rs. 50, 000/- and above in value)

The successful tenderer, before commencement of the work, shall have to provide to the company, by way of security, a money deposit or a Bank Guarantee in the standard format provided by the Company for an amount equivalent to 10% of the total tendered value of the works. The security deposit will be retained till the successful completion of the work. In the case of security deposit in the form of a Bank Guarantee, the same shall be kept valid by the tenderer at his cost till the Completion of the work under contract and shall be extended from time to time. No interest will be payable on security deposit.

(m). Successful Vendor has to submit following details within 15 days of LOI on STATUTORY/COMPULSARY basis failing which company reserves right to FOREFIT security Deposit:

a. Number of Workmen employed. b. Wages details of employed workers. c. PF details of employed workers. d. ESI/insurance details of employed workers. e. Employment registration certificate. f. Police Verification details of each workmen employed.

(n). No Tenderer will be allowed to withdraw or to revise his/their offer after the last date of

receipt of the tender.

(o). Conditional and/or incomplete tenders are liable to be rejected.

1. MANPOWER DEPLOYMENT: a. The Vendor shall employ adequate staff of requisite competencies for all the activities

mentioned in Scope of Work. The manpower deployed for direct online specialized

activities shall be direct employees of the Vendor.

b. It is hereby specifically agreed that the responsibility for the employment of such staff

and their salary, wages, remuneration, etc., shall be the sole responsibility of the

Vendor and that BPC shall not be responsible in any manner directly or indirectly for

such employment or expenses so incurred by the successful Bidder thereof. Successful

Bidder shall give a declaration to this effect that the Wages are paid as per Minimum

Wages Act.

c. The Minimum wages payable shall be as per statutory regulations.

d. In case any women employee is employed in the Plant by the Vendor, all necessary

provisions/facilities, as laid down in Factories act 1948 & other acts like Maternity

benefit act 1961, Equal remuneration Act 1976 etc, are to be strictly adhered to by the

Vendor.

e. The Vendor shall deploy his personnel/labour as per requirement and as instructed by

the BPC. In case of exigencies, at times, it may be necessary to carry out the work round

the clock. Vendor’s quoted rates shall cover such eventualities.

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f. All Key Operating Personnel shall be qualified and experienced to handle the relevant

work as stipulated elsewhere in the bid document. The bidder shall provide the details

in the techno-commercial offer.

g. Plant/shed contract labor for assistance in maintenance: ITI with 2 years’ experience of

operation in any Industry in maintenance profile.

h. The Vendor shall provide the list and qualifications/work experience of all personnel

proposed to be employed for the subject work.

i. It shall be the Vendor’s responsibility to provide the optimal number and mix of staff to

ensure timely, efficient, reliable, productive and safe performance of work assigned to

the best practice and system employed at similar work situations.

j. Manpower engaged in the contract must be more than 18 and less than 45 years of age.

Vendor shall take specific approval for any deviations in this respect.

2. DRESS CODE The following dress code has to be adhered to very strictly.

All employees should be neat, clean and well-groomed in appearance. While on duty all

employee will wear the uniform provided by Vendor. Uniform shall be clean and in good

condition. Uniform shall have an emblem and name of Vendor on pocket.

All staff shall wear safety shoes and safety helmets of approved IS quality Depending on work

requirement respective worker shall wear additional safety gear like mask, safety gloves, belts

etc.

TRAINING

Vendor need to provide trained manpower who are capable of perform job as defined in scope of work/ SOP. Contract labours deputed so should be able to act as per fire order or direction of officer in charge during emergency. Vendor has to ensure 100 % coverage of his contract labours in training programs as and when conducted by BPCL. Vendor has to give information about newly inducted contract labours in advance to BPCL and BPCL after intimation shall/ may arrange for training for these contract labours.

3. SYSTEM & DOCUMENTATION:

As part of the contract, it shall be responsibility of the Vendor to work in the Plant as per the

SOP, OISD guideline and instructions given by BPCL time to time.

4. INSURANCE: Vendor should cover his manpower under Pradhan Jeevan Yojana and Pradhan Mantri Pension

Yojana. Also the Vendor should take accident insurance and

Any other Insurance as required under Law:

18

Vendor shall also carry and maintain any and all other insurance(s) which may be required

under any law or regulation from time to time without any extra cost to OWNER. Vendor shall

also carry and maintain any other insurance, which may be reasonably required by OWNER.

5. TAXES: No statutory variations in any other taxes/duties except GST will be entertained. Only new/fresh

taxes levied by Central/State Government and if applicable, shall be paid by BPC upon

submission of relevant and applicable Gazette notification and production of documentary

evidence for remittance of such new taxes. For this purpose, Vendor has to advise the rate

build-up along with their quoted price in the Price Bid.

In case there is increase/decrease in the GST rate during anytime during the contract period,

differential amount of tax will be reimbursed/ deducted to the Vendor.

Vendor shall have to issue such Invoices so as to enable BPCL to take credit of GST and other

taxes.

6. PENALTY

Vendor shall be required to strictly adhere to the quality control/audit compliance procedures

stipulated by the Corporation from time to time. Vendor should employ manpower required for

Quality inspection such that they should have at least minimum specified skills/qualifications.

BPCL will carry out the checks and inspection of the work, Records, complaints received from

market. If any deviations are observes as per the prescribed norms or statute then penalty shall

be raised against the Vendor as per the penalty sheet.

A. PENALTY ON NON-MOBILISATION & LOSS OF PRODUCTION:

The successful bidder shall have to mobilize, complete all associated activities specified and

commence the services within 15 days of date of LOI/PO, unless specifically extended by BPCL in

writing. In case of failure by the Party to commence services within the above period, Party is liable for Penalty of 1 % (one percent) of Total contract value per week for every week of delay

or part thereof, until the date of actual commencement of operations.

Vendor is liable for all consequential Penalty for non-compliance of any of the tender conditions, and the same will be recovered from the Vendor’s running bills and SD/PBG.

COMMENCEMENT OF WORK:

The successful Bidder shall submit the SD/PBG in the manner specified within fifteen days of

issue of LOI/PO. Party shall mobilize, complete taking over the Plant and commence services

within 15 days of LOI/PO, unless BPCL grants extension in writing. In case of delay, damages as

mentioned in 57.A will be recovered up to a maximum of 60 days from date of LOI/PO. In case

the Party is not commencing the activities within 60 days of LOI/PO, BPC reserves the right to

cancel the Order and forfeit the EMD/SD.

19

7. STRIKE/LOCKOUT/CLOSURE BY VENDOR

The Vendor shall not stop or cause stop of work during the period of the contract by resorting to strike or other agitation methods. The Vendor agrees that he/they shall be liable for all

consequences for the delay caused or loss/damages suffered by BPC due to the stop/strike by the Vendor. Vendor is liable for recovery upto 1.5 times the rates for entire cost of production

lost and other incidental expenses incurred due to this, from the Vendor’s running account bills.

8. DEFAULT BY SUCCESSFUL BIDDER:

The successful Bidder may be debarred at the discretion of the company, from issue of further

tender documents work orders etc., for a specified period to be decided by BPC in case of undue

delay in starting and execution of work awarded, poor performance, backing out from the

tender, non-accepting work order/LOI during the validity of tender or non-observance of safety

rules and regulations, misappropriation of company’s materials/property, nonpayment of due

wages to labour or such similar defaults.

9. VERIFICATION OF DOCUMENTS: The successful bidders will have to produce Originals of the submitted documents before

issuance of Work order/LOI.

10. SAFETY INDUCTION PROGRAM

All the Vendor personnel shall undergo safety briefing (To be organized by the Vendor at his

cost) and obtain clearance from BPC officials before commencement of work at site. Vendor

must also provide in writing the date for training to BPCL in advance.

11. ECS PAYMENT

The bidders are advised that all payments related to this work would be made through

Electronic Clearance Service (ECS). The bidder would be required to provide particulars of their

bank account along with the bid.

In the event of change in bank account during the pendency of the order, it is the responsibility

of the successful bidder to advise BPC of the changes under the signature of an authorized

person in their letterhead and seek an amendment to the Agreement if required.

Failure on the part of the bidder to communicate changes in bank account nos. (for reasons

which may include change in the constitution of a party due to amalgamations/ mergers/take-

over) or delay in receipt of communications or non-updation of bank account nos may result in

payments being made to an unrelated account for which BPC will not be responsible.

12. SUBMISSION OF REPORTS The Vendor shall submit daily, weekly, fortnightly, monthly, quarterly, annually report for all the

activities envisaged in the various sections of the bid document. The designated officials of the

Owner shall verify the above reports before sending the same to BPC.

20

13. CONFIDENTIALITY The parties shall during the contract period of the agreement & thereafter, maintain secret and

confidential and shall not disclose to any third party or person any proprietary information or any other information considered secret & confidential by any of the parties, which is disclosed

at any time during or for the purpose of negotiation or implementation of the agreement & bidding documents. The parties shall take reasonable measures to ensure that their employees

comply with the confidentiality obligations set forth in the agreement.

14. TRADE MARKS The Vendor shall not do any act whereby the BPC’s rights in its trademarks or any of them may be jeopardized. The Vendor shall not at any time claim or have any right in any of the trademarks of BPC and shall promptly convey to BPC any information obtained or received by the Vendor of any infringement of any trade mark of BPC or of the use by any person, firm or

Company of any trademarks which may be confusingly similar to any of the trademarks of BPC. The Vendor shall not use any trademarks of BPC except as may be specifically allowed in writing

by BPC at its sole discretion.

15. CONTRACT PERIOD: The duration of the contract shall be for a firm period of 24 (Twenty four) months from the date of

LOI awarded by BPCL to the successful Bidder and can be extended for one more year on the same

rates, terms and conditions of original tender enquiry on mutual agreement of both parties.

16. CONTRACT DOCUMENT: The Bidder whose Bid has been accepted by BPC shall enter into an Agreement, with BPC at the date

and place as notified by BPC. In case LOI/PO is released, the successful bidder should acknowledge

the same within 15 days of mailing of the Order and any delay in acknowledging the receipt will be a

breach of contract.

The contract documents for the agreement shall be prepared after award of contract as intimated to

the successful Bidder by Letter of Intent. Until the final contract documents are prepared and

executed, the bidding documents together with the Annexure(s), modifications, deviations agreed

upon by BPC and Bidder’s acceptance thereof should constitute a binding contract between the

successful Bidder and BPC. The documents for preparation of the Agreement shall consist of the

following:

• Original bidding documents submitted by the bidder along with its enclosures.

• Addendum / Corrigendum to the bidding documents, issued by BPC, if any.

• Fax/email of Intent/ Letter of Intent along with statement of Agreed Variation (if any)

and enclosures therewith.

17. TERMINATION OF CONTRACT

The owner may terminate the contract at any stage for reasons to be recorded in the letter of termination.

The Owner inter alia may terminate the Contract for any or all of the following reasons that:

I. the vendor has abandoned the work/Contract

21

II. has failed to commence the works, or has without any lawful excuse under these conditions suspended the work for 15 consecutive days.

III. has failed to remove materials from the site or to pull down and replace the work within 15 days after receiving from the Engineer written notice that the said materials or work were condemned and/or rejected by the Engineer under specified conditions.

IV. has neglected or failed to observe and perform all or any of the terms acts, matters or things under this Contract to be observed and performed by the Vendor.

V. has to the detriment of good workmanship or in defiance of the Engineer's instructions to the contrary sub-let any part of the Contract.

VI. has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner.

VII. has stopped attending to work without any prior notice and prior permission for a period of 15 days

VIII. has become untraceable. IX. has without authority acted in violation of the terms and conditions of this

contract and has committed breach of terms of the contract in best judgment of the owner.

X. has been declared insolvent/bankrupt. XI. in the event of sudden death of the Vendor.

The owner on termination of such contract shall have the right to appropriate the Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the vendor and to appropriate the same towards the amounts due and payable by the vendor as per the conditions of Contract and return to the vendor excess money, if any, left over.

In case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the work either by themselves or through any other vendor(s) at the risk and cost of the Vendor. In view of paucity of time, Owner shall have the right to place such unexecuted portion of the work on any nominated vendor(s). However, the overall liability of the Vendor shall be restricted to 100 % of the total contract value.

When the contract is terminated by the Owner for all or any of the reasons mentioned above the Vendor shall not have any right to claim compensation on account of such termination.

22

Annexure-1 (Form XIII)

Register of Workmen employed by Contractor

1. Name and address of the Contractor:

2. Name and address of establishment in/under which contract is carried on:

3. Name and location of work:

4. Name and address of Principal Employer:

Sl.

No.

Name &

surname

of

workmen

Age

&

sex

Father’s /

Husband’s

name

Nature of

employment /

designation

Permanent

home

address of

workmen

(village,

police-

station and

district)

Local

address

Date of

commencement

of employment

Signature of

thumb

impression

of workmen

Date of

termination

Reasons of

termination

Remarks

1 2 3 4 5 6 7 8 9 10 11 12

23

Annexure-2 (Form XIV)

Employment Card

Name and address of the Contractor:

Name and address of establishment in/under which contract is carried on:

Name of work and location of work:

Name and address of Principal Employer:

1. Name of the workman:

2. Sl. No. in the register of workmen employed:

3. Nature of employment/designation:

4. Wage rate (with particulars of units, in case of piece work):

5. Wage period:

6. Tenure of employment:

7. Remarks:

Signature of Contractor

24

Annexure-3 (Form XVI)

Muster Roll

Name and address of Contractor:

Name and address of establishment in / under which contract is carried on:

Name and location of work:

Name and address of Principal Employer:

For the month of:

Sl.

N

o.

Name

of

workm

an

Father’s

/

Husband

’s name

Sex Date

Rem

arks

1 2 3 4 5 6 7 8 9 1

0

1

1

1

2

1

3

1

4

1

5

1

6

1

7

1

8

1

9

2

0

2

1

2

2

2

3

2

4

2

5

2

6

2

7

2

8

2

9

3

0

3

1

1 2 3 4 5 6

25

Annexure-4 (Form XII)

Register of Wages

Name and address of Contractor: Name and address of establishment in / under which contract is carried on: Name and location of work: Name and address of Principal Employer: For the month of:

Sl.

N

o.

Name

of

workm

an

Sl. No.

in the

Registe

r of

workm

en

Designati

on/

nature of

work

done

No. of

days

worked

Units

of

work

done

Daily

rate

of

wage

s/

piece

rate

Amount of wages earned Deductio

n if any

indicate

nature

Net

amoun

t paid

Signatur

e/

Thumb

impressi

on of

workma

n

Initial of

Contract

or or his

represen

tative

Basic

wage

s

DA OT Other cash

payments

(nature of

payment to

be

indicated)

Total

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

11

Annexure-5 (Form XIX)

Wage Slip

Name and address of Contractor:

Name and location of work:

For the week/fortnight/month ending:

1. No. of days worked:

2. No. of Units worked in case of piece rate workers:

3. Rate of daily wages/piece-rate:

4. Amount of overtime wages:

5. Gross wages payable:

6. Deduction, if any:

7. Net amount of wages paid:

Initial of the Contractor

or his representative

11

Annexure-6 (Form XXII)

Register of Advances

Name and address of Contractor:

Name and address of establishment in/under which Contract is carried on:

Nature and location of work:

Name and address of Principal employer:

Sl.

No.

Name of

workmen

Father’s/Husb

and’s name

Designatio

n/Nature

of

employme

nt

Wage

periods

and wages

payable

Date and

amount of

advance

given

Purpose

(s) for

which

advance

given

No. of

installmen

ts by

which

advance

to be

repaid

Date and

amount of

each

installmen

t repaid

Date on

which last

installmen

t was paid

Remarks

1 2 3 4 5 6 7 8 9 10 11

12

Annexure-7 (Form XXIII)

Register of Overtime

Name and address of Contractor:

Name and address of establishment in/under which contract is carried on:

Name and location of work:

Name and address of Principal employer:

Sl.

No.

Name of

workman

Father’s/Husband’s

name

Sex Designation/Nature

of employment

Date on

which

overtime

worked

Total

overtime

worked or

production

in case of

piece-rated

Normal

rate of

wages

Overtime

rate of

wages

Overtime

earnings

Date on

which

overtime

wages

paid

Remarks

1 2 3 4 5 6 7 8 9 10 11 12

11

Annexure-8

Minimum Wages as on the date of floating of Tender

Under the Minimum Wages Act 1948, the appropriate Govt. for our office is the Central Government. Accordingly, the Minimum

Wages notified by the Central Government (CLC (Central) shall be applicable to our office. However, it is pertinent to mention that

in case the Minimum Wages notified by a particular State Government are higher than those notified by the Central Government for

a particular period, the higher wages shall be payable to contract labour engaged in our establishments in that State.

12

Annexure-8A

SALARY BREAK-UP

The Contractor must specify the salary break up in the Performa given below for each of the categories on separate sheets for workmen like FM,

AFM, Supervisors & others to be deployed at site

Break-up of minimum wages (for Services at the location

(as on ________)

S. No. Description (6 days a week)

Highly

Skilled

labour

Skilled

labour

Semi-skilled

labour

Unskilled

labour

1 Basic includind VDA

(A-class city w.e.f. _______)

2 Add : Special Addl. Pay

Component

3 Total Basic(incl. Spl. Addl. Pay)

(1 + 2)

4 EPF@13.15% of Basic -

Employer's Contribution (Max.

upto Rs.15,000/- ceiling)

13

5 ESI @3.25 -Employer's

Contribution (Max. upto

Rs.21,000/- ceiling)

6 Bonus @8.33% of Basic + Sp.

Allowance

7 Uniform Outfit

8 Sub Total for 6 days working

*Service Charges/ Contractor Profit Extra

Break-up of minimum wages (for Services at the location

(as on ______)

S. No. Description (7 days a week)

Highly

Skilled

labour

Skilled

labour

Semi-skilled

labour

Unskilled

labour

1 Basic includind VDA

(A-class city w.e.f._______)

14

2 Add : Special Addl. Pay

Component

3 Total Basic (incl. Spl. Addl. Pay)

(1 + 2)

4 EPF@13.15% of Basic -

Employer's Contribution (Max.

upto Rs.15,000/- ceiling)

5 ESI @4.75 -Employer's

Contribution (Max. upto

Rs.21,000/- ceiling)

6 Bonus @8.33% of Basic + Sp.

Allowance

7 Uniform Outfit

8 Sub Total -A for 7 days working

9 Add: Leave Relief @16.66%

10 Sub Total -B for 7 days working

(with leave relief)

*Service Charges/ Contractor Profit Extr

15

Annexure-9

Register of Fines

Name and address of Contractor:

Name and address of establishment in/under which is contract is carried on:

Nature and location of work:

Name and address of Principal employer:

Sl.

No.

Name of

workmen

Father’s/Husband’s

name

Designation/Nature

of employment

Act/Omission

for which fine

imposed

Date of

damage

/

offence

Whether

workman

showed

cause

against

fine

Name of

person in

whose

presence

employee’s

explanation

was heard

Wage

periods

and

wages

payable

Amount

of fine

imposed

Date on

which

fine

realized

Remarks

1 2 3 4 5 6 7 8 9 10 11 12

11

Annexure-10

Register of Deductions for Damage or loss

Name and address of Contractor:

Name and address of establishment in/under which contract is carried on:

Nature and location of work:

Name and address of Principal employer:

Sl.

No

.

Name of

workme

n

Father’s /

Husband’

s name

Designation

/ Nature of

employmen

t

Particular

s of

damage

or loss

Date of

damag

e or

loss

Whether

workmen

showed

cause

against

deductio

n

Name of

person in

whose

presence

employee’

s

explanatio

n was

heard

Amount

of

deductio

n

imposed

No. of

installment

s

Date of recovery Remark

s

First

installmen

t

Last

installmen

t

1 2 3 4 5 6 7 8 9 10 11 12 13

12

Annexure-11 (Form 7)

Register of employees

Contribution period: From __________________ to __________________

Sl.

No

.

Insuranc

e No.

Name

of the

insure

d

person

Name of

dispensar

y to

which

attached

Occupatio

n

Deptt

. and

shift,

if any

If

appointed

during the

contributio

n period,

date of

appointme

nt

Month Total no. of

days in

contributio

n period

for which

wages paid

/ payable

Total

amount of

wages paid

/ payable

in the

contributio

n

Total

employees’

share of

contributio

n in the

contributio

n period

Daily

wag

e

No. of

days

which

wages

paid /

payabl

e

Total

amoun

t of

wages

paid /

payabl

e

Employees’

share of

contributio

n

1 2 3 3 (A) 4 5 6 7 8 9 25 26 27 28

10 11 12

13 14 15

16 17 18

13

19 20 21

22 23 24

Total: ________________________

Employees’ share of contribution:________________

Total value of contribution paid, vide SBI challan no.:________________

Total:__________________

Employer’s share of contribution:______________

Total value of contribution paid vide SBI challan no.:_____________

11

Annexure-12 (Form 15)

Accident Book

1. Serial no._________________________________________

2. Date of notice:_____________________________________

3. Time of notice:_____________________________________

4. Name and address of injured person:___________________

5. Sex:_____________________________________________

6. Age:_____________________________________________

7. Insurance no.:_____________________________________

8. Shift, department and occupation of employee:___________

9. Injury:___________________________________________

10. Date:____________________________________________

11. Time:____________________________________________

12. Place:____________________________________________

13. Cause of injury:____________________________________

14. Nature of injury:____________________________________

15. What exactly was the injured person doing at the time of injury:____________________________________________

12

16. Name, occupation, address and signature or the thumb-impression of the persons giving notice:____________________________

17. Signature and designation of the person who makes the entry:____________________________________________

18. Name, address and occupation of two witnesses:________________________________________

19. Remarks, if any:_________________________________

13

11

Annexure-14 (Form D)

Register to be maintained by the employer under Rule 6 of the Equal Remuneration Rules, 1976

Name of the establishment with full address:

Total number of workers employed:

Total number of men workers employed:

Total number of women workers employed:

Component of remuneration

Category of

worker

Brief

description

of work

No. of men

employed

No. of

women

employed

Rate of

remuneration

paid

Basic wage

or salary

Dearness

Allowance

House Rent

Allowance

Other

Allowances

Cash value

of

concessional

supply of

essential

commodities

1 2 3 4 5 6 7 8 9 10

12

Annexure-15

ESI & EPF Deposit Details Format

DETAILS TO BE FURNISHED ON MONTHLY BASIS ALONG WITH THE CHALLAN OF PF AND ESI REMITTANCE

CONTRACTOR'S NAME:

Contractors' PF Code MONTH

Contractors' ESI Code YEAR

Sl No Name Wages PROVIDENT FUND DETAILS ESI DETAILS

PF a/c

No

Employee's

contribution

Employer's

Contribution

Total ESI Insurance

No.

Employee's

contribution

Employer's

Contribution

Total

A B C D E F G H I J K

1

2

3

4

5

6

7

13

8

Total

I hereby declare that the PF and ESI contribution ( Employees as well as Employers' ) as indicated in Column 'G' and 'K'

respectively has been deposited in the PF and ESI Bank Account vide Challan details given below (copy enclosed)

Challan No Dated

PF

ESI

SIGNATURE OF THE CONTRACTOR

DATE

14

Annexure-16

Record of Complaints

Date Complaint

no.

Area Description of complaint Date of

inspectio

n

Material / service

required

Date of

closure of

complaint

Remarks /

Sign

1 2 3 4 5 6 7 8

15

Annexure-17

Breakdown Record

Sl.

No.

Date Breakdown start

time

Cause of breakdown Action taken Breakdown

end time

Total

duration of

breakdown

Remarks / Sign

16

Annexure-20

Indent

Ref: Date: ____________

The description of material/item required to be procured:

The material/item required for:

The estimated cost of material/item required:

The quantity of material/item to be procured:

If the cost of material/item is more than Rs. 5,000/- three quotations shall be attached as an Annexure :

Sl. No. Party Name Quoted Amount (Rs.)

1. _______________ __________

2. _______________ __________

3. _______________ __________

Signature of Contractor

or his representative

Proposed By:

Approved By:

17

Annexure-21

Stock Register

Sl.

No.

Material

/ Item

Date of

Procurement

Procured

from

Procured

qty.

Date of

consumption

Consumption

qty.

Consumed

in

Balance

qty.

Remarks

/ Sign

1 2 3 4 5 6 7 8 9 10

18

Annexure-22

Record of Services Procured

Sl.

No.

Date of

entry Service Procured

Date of

procurement

Procurement

from

Remarks /

Sign

19

Annexure-23

INTEGRITY PACT

Between

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

Principal",

And

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

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………..The

Principal values full compliance with all relevant laws and regulations, and the principles of economic

use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and

Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-

Governmental Organisation "Transparency International" (TI). Following TI's national and international

experience, the Principal will appoint an Independent External Monitor 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, or the execution of the contract, demand, take a promise for or accept, for himself/herself or

third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal

will, in particular, before and during the tender process, provide to all Bidders the same information and

will not provide to any Bidder confidential / additional information through which the Bidder could

obtain an advantage in relation to the tender process or the contract execution.

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

(2)If the Principal obtains information on the conduct of any of its employees which is a criminal offence

under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard,

the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier

20

(1)The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the tender process

and during the contract execution.

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

or give to any of the Principal's employees involved in the tender process or the execution of the

contract or to any third person, any material or immaterial benefit

which he / she is not legally entitled to, in order to obtain in exchange, any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

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

understanding, whether formal or informal. This applies in particular to prices, specifications,

certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict

competitiveness or to introduce cartelization in the bidding process.

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

Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of

competition or personal gain, or pass on to others, any information or document provided by the

Principal as part of the business relationship, regarding plans, technical proposals and business details,

including information contained or transmitted electronically.

d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has

made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection

with the award of the contract.

(2)The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above

or be an accessory to such offences.

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

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or

in any other form such as to put his reliability or credibility as Bidder into question, the Principal is

entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed,

for such reason.

(1)If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such

as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder /

Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion

will be determined by the severity of the transgression. The severity will be determined by the

circumstances of the case, in particular the number of transgressions, the position of the transgressors

within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be

imposed for a minimum of 6 months and maximum of 3 years.

21

(2)A transgression is considered to have occurred if the Principal after due consideration of the available

evidences, concludes that no reasonable doubt is possible.

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

and impose such exclusion and further accepts and undertakes not to challenge or question such

exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion

is taken. This undertaking is given freely and after obtaining independent legal advice.

(4)If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by

him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion

prematurely.

Section 4 - Compensation for Damages

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

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

equivalent to Earnest Money Deposit/Bid Security.

(2)If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to

terminate the contract according to Section 3, the Principal shall be entitled to demand and recover

from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank

Guarantee.

(3)The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to

condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the

Bidder from the tender process or the termination of the contract after the contract award has caused

no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier

shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression

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

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

India that could justify his exclusion from the tender process.

(b)If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender

process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/

Subcontractors

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

conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

22

(2)The Principal will enter into agreements with identical conditions as this one with all Bidders,

Contractors/Suppliers and Subcontractors.

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

provisions.

Section 7 – Punitive Action against violating Bidders / Contractors /

Suppliers/Subcontractors

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

employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will

inform the Vigilance Office.

Section 8 - Independent External Monitors

(1)The Principal has appointed competent and credible Independent External Monitors for this Pact. The

task of the Monitor is to review independently and objectively, whether and to what extent the parties

comply with the obligations under this agreement.

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

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

(3)The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction

to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier.

The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a

valid interest, unrestricted and unconditional access to this project documentation. The same is

applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and

documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4)The Principal will provide to the Monitor sufficient information about all meetings among the parties

related to the Project provided such meetings could have an impact on the contractual relations

between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option

to participate in such meetings.

(5)As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform

the Management of the Principal and request the Management to discontinue or heal the violation, or

to take other relevant action. The Monitor can in this regard submit non-binding recommendation.

Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner,

refrain from action or tolerate action. However, the Independent External Monitor shall give an

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

to the Principal.

23

(6)The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to

10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion

arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence

under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time,

taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor

may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

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

Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12

months after the last payment under the respective contract, and for all other Bidders 6 months after

the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding

and continue to be valid despite the lapse of this pact as specified above, unless it is discharged /

determined by Chairperson of the Principal.

Section 10 - Other provisions

(1)This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office

of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract

shall not be applicable for any issue / dispute arising under Integrity Pact.

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

have not been made.

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

all partners or consortium members.

(4)Should one or several provisions of this agreement turn out to be invalid, the remainder of this

agreement remains valid. In this case, the parties will strive to come to an agreement to their original

intentions.

……………………… ……………………………

For the Principal For the Bidder/Contractor/

Supplier

Place ……………… Witness 1 : ………………

(Signature/Name/Address)

Date ………………. Witness 2 : ………………

(Signature/Name/Address

24

Annexure-24

SITE VISIT CERTIFICATE

DATE ______________

TO WHOMSOEVER IT WAY CONCERN

I Mr. _______________ _________________ __________

proprietor/ supervisor/ representative of M/s.

_______________________________________________________

have visited BPCL Wai LPG Plant for the site inspection for the tender

ref. ________________________ ________________________ ___ on

dtd. ________________I have understood all the terms and conditions given in the

tender related to the site conditions. I have also understood the statutory requirements

for the tender. I am familiar with site conditions.

Sign and stamp of Bidder:

1.

2.

Site visit witnessed by (BPCL Representatives):

1.

2

25

Annexure 25

Price Bid Format: This Tender is for two years. Hence vendor has to quote

accordingly. Also Vendor has to quote per unit rate in the Column.

S.No Description of Job No of

Manpower

Engaged

Skill

Level

Qty UOM Unit

Rate

in Rs.

Sub

Total

1 Job of SERVICES OF SALES

ASSOCIATES ON CONTRACT FOR

SATARA, SANGLI & KOLHAPUR

DISTRICT OF WAI LPG TERRITORY

(working 26 days a month for a period of 12

months)

6 Skilled 1872 Man

days

Total

CSGT %

CSGT %

IGST %

GST amount

Total Cash Out

Flow