(I&C), Chennai 1, Ranganathan Gardens, Off 11Th Main Road

BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), CHENNAI 1, RANGANATHAN GARDENS, OFF 11TH MAIN ROAD, ANNA NAGAR, CHENNAI - 600 040 TEL NO: 044-26216869; 26142333. FAX NO. 044-26268389

NOTICE INVITING e-TENDER FOR HIRING TANKAGE / ALLIED FACILITIES AT PORTS OF CHENNAI FOR RECEIPT/ STORAGE/HANDLING/DELIVERY OF FO 180 CST/LDO (PORTS OF CHENNAI, ENNORE AND KATTUPALLI)

TENDER NO. BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 (CRFQ NO : 1000280603) (Published on: 30.05.2017)

Tender Name: e-Tender for hiring tankage/allied facilities at Ports of Chennai for receipt/storage/handling/delivery of Furnace oil FO 180 CST/L & Light Diesel Oil (LDO) Tender Meet: All eligible tenderers are invited to a pre-bid meeting for clarifications on tender conditions and e-bidding process on 07.06.2017 at 15:00 hrs at Bharat Petroleum Corporation Ltd., No 1, Ranganathan Garden, 11th Main Road, Annnagar Chennai - 600040. e-Procurement System No. 24325 Last date / time for 21.06.2017 at 15:00 hrs at the address given above. submission of tender bids: Tender bids Opening on: 21.06.2017 at 15.30 hrs at the address given above.

Period of Contract: 3 years from the date of the first placement of product in the terminal tank(s) with an option to extend for a further period of 1 year +1 year at the same terms & conditions at the sole discretion of BPCL Earnest Money Deposit (EMD): Rs.1,00,000/- (Rupees one lakh only) by way of DD drawn on Bharat Petroleum Corporation Ltd, Chennai Tender Fees: Rs.1150/- (Rs One thousand one hundred fifty only) by way of DD drawn on Bharat Petroleum Corporation Ltd, Chennai) Contact Person: Territory Manager (I&C), Chennai Phone no. 044-26142333 e-mail id: [email protected]

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BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), CHENNAI 1, RANGANATHAN GARDENS, OFF 11TH MAIN ROAD, ANNA NAGAR, CHENNAI - 600 040 TEL NO: 044-26216869; 26142333. FAX NO. 044-26268389

NOTICE INVITING e-TENDER FOR HIRING TANKAGE / ALLIED FACILITIES AT PORTS OF CHENNAI FOR RECEIPT/ STORAGE/HANDLING/DELIVERY OF FO 180 CST/LDO (PORTS OF CHENNAI, ENNORE AND KATTUPALLI)

TENDER NO. BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 (CRFQ NO : 1000280603) (Published on: 30.05.2017)

E-bids are invited from eligible bidders for providing tankage / allied facilities at Ports of Chennai (PORTS OF CHENNAI, ENNORE AND KATTUPALLI) for receipt / storage / handling / delivery of Furnace oil 180 cst (FO) and Light Diesel Oil (LDO).

1. Eligible bidders 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 http://www.bharatpetroleum.in/tender/tender.asp

3. The bid consists of the following documents to be submitted on-line

a) Credential bid/Technical bid (un-price bid) b) Price bid.

4. Tender Document fee of Rs 1,150/- (incl. Service tax) is payable.

5. EMD of Rs. 1,00,000/-shall be refunded after placement of work order and its acceptance by successful bidder. Bidders shall provide Bank Details of their Banker as per our format. EMD shall be refunded to unsuccessful bidders. ` 6. The DD/Pay Order for EMD/Tender Document Fee should be in favour of Bharat Petroleum Corporation Ltd. payable at Chennai, drawn on any of the Scheduled/ Nationalized Bank.

7. 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 bidders.

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 bidders must produce a Notarized copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. EM (part II) certificate issued by DIC or Khadi and village industries commission or Khadi and village Industries board or Coir Board or National small Industries commission or Directorate of Handicrafts

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and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises is required for availing exemption from tender fees and EMD. 9. Non Submission of EMD and Tender fees or MSE registration certificate, only for those seeking exemption, on or before due date & time of e-tender to the address mentioned below, shall entail disqualification and their bids cannot be opened in the system.

10. Bidder 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.

11. In case the bidder is not able to provide facilities as sought within the stipulated period of issuance of LOI, the EMD/SD shall be forfeited.

10. Bidder 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 online portion of the tender shall have to be submitted through the e-procurement system on https://bpcleproc.in.

14. The submission of online bid as well as submission of above physical documents shall be upto 15.00 hours on 21.06.2017.

15. It is mandatory for the bidders to submit the following documents “on line” and in the physical form “off line discounts” before the due date/time of the bid. The documents in physical form shall be submitted in sealed envelope at the following address:

Territory Manager (I&C), Chennai Bharat Petroleum Corporation Limited No 1 Ranganathan Gardens 11th Main Road, Annanagar Chennai 600040.

Sr. Particulars Submission Submission of No. Online Only Physical Document Only 1 Tender Document along with Annexure 1 and 2 under tenderer Yes Login ID through e-procurement system on https://bpcleproc.in Annexure-1 : Hiring tankage/allied facilities at ports of Chennai for receipt/storage/handling/delivery services agreement Yes

Annexure-2 : Integrity Pact Yes

Annexure-3 : Indemnity Bond Yes

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2 Particulars of Tenderer/Bidder as per Yes Attachment-1 3 Particulars of Storage tanks/allied Yes facilities as per Attachment-2 4 Tenderer’s Covering Letter as per Attachment-3 Yes 5 General Irrevocable Power of Attorney Yes as per Attachment-4 6 Details of relationship with BPCL Yes Directors as per Attachment-5 Declaration in A, B &C as per attachment 7 6 Yes 8 Bank Guarantee as per Attachment-7 Yes Process compliance statement as 9 Attachment 8 &9 Yes Holiday Listing declaration as attachment 10 10 Yes Self attested acknowledgement copy of the Income Tax returns for the last three 11 financial years and copy of PAN card Yes 12 Self attested copy of previous three Yes years’ audited annual report i.e FY 2013-14, 2014-15 & 2015-16 (profit and loss account/Balance sheet duly certified by auditor) 13 Self Attested copies of Trading license or Firm / Company Registration Yes Certificate. 14 Self Attested copies of Partnership Deed or Certificate of Incorporation Yes 15 Self Attested copies of work order(s)/contract(s)/agreement(s) and Yes work completion certificates for similar job experience in handling POL Products 16 Self Attested copies of PAN, Yes PF,ESIC,Service Tax Regn.certificates 17 Solvency certificate from Bankers for Yes value of Rs.1.00 crore Notarised copies of Statutory documents (Terminal Layout, Registration Certificate, Explosives/PESO Licence, Central Excise/Customs Registration, Factory Licence, Pollution Control Certificate, valid Tank Calibration certificates & charts,Port Clearences/permissions,ISO certificate, 18 DG Shipping Regn etc as applicable. Yes 19 Tender Fee in the form of Demand Yes Draft for Rs. 1,150/- (incl. Service tax) Yes as per tender Para 2.1 point no. 4. 20 EMD of Rs. 1,00,000/- by way of Yes Yes Demand Draft as per tender Para 4.5 21 MSME Registration, if applicable Yes Yes

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16. Bids submitted after the due date and time of closing of tender (i.e. after 15.00 hrs on 21.06.2017) 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/or other documents to be submitted in physical form due to postal delay etc. No claims on this account shall be entertained.

17. Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document.

18. The tender document with detailed terms and conditions is also available on our website http://www.bharatpetroleum.in/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in.

19. As a pre-requisite for participation in the tender, bidders are required to obtain a valid Digital Signature Certificate 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 Signature Certificate shall be borne by the bidder. 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 no. in Chennai : 044-26142669 / Mr. Raghuvelan (Mob.: 90430 34311)/ Mr. Manoj V.P. Kochi refinery 08907132680, 0484 – 2821642,2821655 for obtaining Digital Signature Certificate.

20.SUBMISSION OF E-TENDER DOCUMENTS :

Directions for submitting online offers, electronically, against e-procurement tenders directly through internet: i. Bidders are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest. ii. 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. iii. Bidders 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 bidder intends to change /revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids. iv. Bidders 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. v. 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. vi. Bidders shall submit price bids only through e-bidding and no physical documents with respect to price bids should be submitted. In case Bidder submits such physical documents for price bids, the same shall not be considered. vii. In case of any clarification pertaining to e-procurement (e-bidding) process, the vendor may contact M/s. E-Procurement Technologies Ltd (ETL), at their contact no. in CHENNAI: 044- 26142669 / Mr. Raghuvelan Mob.: 90430 34311/Mr. Manoj V.P. Kochi Refinery 08907132680, 0484- 2821642, 2821655

21. CONTACT PERSONS :

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For Tender clarification, if any, please feel free to contact the following person on any working day between 10:00 am to 4.00 pm

Mr Sriramesh Kumar, Sr. Manager Logistics (I&C), South Contact no 044-26142355 e-mail ID: [email protected]

22. Please note that Corrigendum / Addendum to this tender, if any, shall be published only on our websites http://www.bharatpetroleum.in/tender/tender.asp and https://bpcleproc.in.

23. 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.

24. All eligible tenderers are invited to pre-bid meeting on 07.06.2017 at 15.00 hrs at the address given below for clarifications on tender conditions & e-bidding process :

Bharat Petroleum Corporation Limited, No.1 Ranganthan Gardens, 11th Main Road, Annanagar, Chennai 600 04.

Thanking you,

Yours faithfully, for BHARAT PETROLEUM CORPN. LTD.,

TERRITORY MANAGER (I&C), CHENNAI

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E-TENDER FOR HIRING TANKAGE / ALLIED FACILITIES AT PORTS OF CHENNAI FOR RECEIPT/ STORAGE / HANDLING / DELIVERY OF FO 180CST/LDO

TENDER NO. BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017

(Published on: 30.05.2017)

1.0 COMPANY INTRODUCTION

1) Bharat Petroleum Corporation Limited (BPCL), a Public Sector Enterprise is engaged in the business of refining and marketing of petroleum products. This tender for tankage hire seeks to take storage tanks & allied facilities of terminal owners/operators at Ports of Chennai for the purpose of receipt/storage/handling & delivery of Furnace Oil (FO 180cst) and Light Diesel Oil (LDO).

2.0 TENDER NO. BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a Public Sector enterprise, invites Bids through e- tender under Two-Bid System for hiring storage tanks & allied facilities of terminal owners/operators at Ports of Chennai for the purpose of receipt/storage/handling & delivery of Furnace Oil (FO 180cst) and Light Diesel Oil (LDO) for a period of 3 (three) years, with option for extension up to 1 year +1 year on the same rates, terms and conditions at the sole discretion of BPCL and will be effective from the date of the first placement of product in the terminal tank(s).

2.1 TENDER DOCUMENTS:

1) As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Signature Certificate of Class II B 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 no. in CHENNAI: 044-26142669 / Mr. Raghuvelan Mob.: 90430 34311//Mr. Manoj V.P. Kochi Refinery 08907132680, 0484-2821642, 2821655 for obtaining Digital Signature Certificate.

2) The tenderers having valid Digital Signature Certificate and Login ID can download the tender from the website (https://bpcleproc.in). The downloaded documents once read carefully have to be uploaded by the tenderer under their Login ID duly certified with Digital Signature Certificate, in token of acceptance of all tender terms and conditions there-in.

3)The tender documents can also be downloaded from BPCL website, http://www.bharatpetroleum.in/tender/tender.asp. The submission of tender is allowed only through the e-procurement system on https://bpcleproc.in

4) Tenderer shall pay Rs. 1,150/- (Rupees One Thousand one hundred and fifty only) as Tender Fee by Demand Draft (Non-refundable) drawn on any Scheduled Bank payable at Chennai in favour of M/s BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the documents to be submitted in physical form as per the list mentioned under Para 5.2 below.

5) 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

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and Earnest Money Deposit. Such bidders must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption. MSME EM (Part II) certificate, issued by DIC 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 is required for availing exemption from tender fees and EMD.

PLEASE NOTE THAT BIDS SHALL NOT BE OPENED ONLINE FOR BIDDERS WHO DO NOT SUBMIT TENDER FEE / EMD / OR EM II CERTIFICATE ( IN CASE OF MSME (BIDDERS) BEFORE DUE DATE / TIME.

2.2 RATE SCHEDULE / ESTIMATED QUANTITY:

1. Lowest rates totalling (a) Fixed charges for Storage/Handling as indicated in the tender document & (b) variable charges for Loading charges per KL for FO 180cst and LDO in trucks based on the monthly filled quantity beyond the contracted tankage, as quoted and agreed by the tenderers. The Rates in the Price-Bid is to be quoted only “on-line” & no physical document should be submitted.

2. The estimated annual quantity for (b) as above is provided in clause 5.3 of this document.

3.The Corporation does not guarantee any minimum business and the estimated quantities given in the tender are only indicative.

2.3 EARNEST MONEY DEPOSIT (EMD):

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 Chennai in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under Para 5.2 below. Bids received without EMD 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 be uploaded under his/her login ID, 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 envelope containing EMD, Tender fees should be sealed in a cover and super-scribed with the Tender No. BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 & dropped in the tender box as given below. Scanned copy of DD’s for tender fee and EMD should also be uploaded.

4) The closing date & time for submission of online bids as well as submission of documents in physical form is 15.00 hrs on 21.06.2017.

5) 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

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iv. Company duly registered under the Companies Act, 1956 provided they comply with the conditions contained hereinafter.

2.5 NATURE OF TERMINALLING WORK, LOCATION & PERIOD OF CONTRACT:

1. E-bids are invited from eligible tenderers for providing/offering storage tanks & allied facilities at Ports of Chennai (PORTS OF CHENNAI, ENNORE AND KATTUPALLI) for receiving FO/LDO by ship, through Dock lines, and through Tank Lorries, storing the product in dedicated storage tanks and delivering the product into tanklorries arranged by BPCL.

2. Tenderers’ storage facilities offered should consist of calibrated and duly cleaned storage tanks of minimum total safe capacity of 22000 kl suitable for storing FO 180cst and minimum 3000 kl suitable for storing LDO totaling 25000 kl and related / auxiliary facilities / infrastructure such as dock lines from Port jetty, internal lines, Pumps, tanklorry loading / unloading facilities etc., required for receipt, storage, handling and delivery of FO/LDO.

3. The period of contract shall initially be for a period of 3 (three) years and shall be extendable for a further period up to 1 year + 1 year at Corporation’s sole discretion at the same rates, terms & conditions.

2.6 MINIMUM QUALIFICATION CRITERIA :

Tenderers who fulfill the following minimum qualifying criteria may submit their bids against this tender:

a. Experience : The tenderers should possess minimum TWO (2) years experience in handling of Petroleum/Chemical products/Terminals.

b. Facilities : The tenderers should provide dedicated storage tank(s) of minimum two nos. & maximum five nos. for FO 180cst of 22000 kl and one tank of minimum 3000 kl for LDO, totalling to 25,000 KL calibrated safe storage capacity, suitable for storing FO 180cst and LDO at their terminal and connected piggable dock line(s) to Ports of Chennai. The storage tanks & connected facilities should be duly approved by the competent Explosives (PESO) / Legal Metrology / Port / Factories & Boilers / Pollution Control & other statutory authorities and should hold valid licence / permits during the contract duration.

The receipt lines/pumping facilities at the Terminal should facilitate receipt @ minimum rate of 700 kl per hour and delivery rate to ensure minimum loading of 700 to 800 MT per day.

Additional facilities such as gantry facilities for tank trucks receipt and delivery together with electronic weigh bridges shall be sought.

Preference shall be given to the Terminal operators who have ready facilities.

c. Financial Turnover: The minimum average annual financial turnover of the Bidder during the last 3 years ending 31st March 2016 shall be at least Rs. 886 Lakhs (Rupees eight hundred and eighty six lakhs). Bidders shall also submit Audited Balance sheets and profit and loss accounts for last three financial years along with the acknowledged IT Returns.

Solvency Certificate for an amount of Rs 1.0 Crore to be provided from the Bankers.

2.7 SIGNING OF AGREEMENT :

Each successful tenderer will have to sign an Agreement and Integrity Pact, as per the drafts attached as Annexure-1 & Annexure-2 respectively of the tender document. The period of agreement

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with successful tenderer would be 3 (three) years w.e.f. the date of first placement of the product in the terminal tanks, with an option on the part of BPCL to extend the same by one year+ one year on same rates, terms and conditions. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per clause no: 21 of the Agreement.

2.7.1 SIGNING OF INTEGRITY PACT:

1. The tender document must accompany with the Integrity Pact (IP) duly signed by the Bidder as per Annexure-2. a) The Proforma of Integrity Pact shall be returned 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 return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation. b) If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact. c) If the contract has been terminated accordingly to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract accordingly 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) Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor. The name/address/contact numbers of Independent External Monitor (IEM) appointed to oversee implementation is given below :

Shri. Shantanu Consul No.9, MCHS (IAS Officer’s Colony), 16th Main, 5 th C Cross, BTM 2nd Stage, BANGALORE – 560 076. Email id – [email protected] Mobile – 09740069318

2.8 TENDER OPENING:

1) The due date and time of opening of tender documents online (technical documents submitted in e-bidding & documents submitted in physical form) is as specified in NIT, which is 21.06.2017 at 15.30 hrs

2) On-line credential / technical bids of only those tenderers who have submitted EMD/Tender fees before the due date/time shall be opened. If any tenderer fails to submit the EMD/Tender fees or documents for exemption of the same and / or submits incomplete documents, their on-line bids shall not be opened and the bid shall be considered as rejected.

3) Tenders received late for whatever reasons / without Tender Fee, EMD / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered.

IMPORTANT: a. It is mandatory that, before closure of the tender at 15.00 hrs on 21.06.2017, the tenderer should submit the applicable documents in physical form as specified under Para 5.2 below. b. Tenderers shall submit Price Bids only through e-bidding and no physical documents shall be submitted.

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c. All revisions, clarifications, corrigendum, addenda, time extension, cancellation etc., if any, shall be hosted on http://www.bharatpetroleum.in/tender/tender.asp and https://bpcleproc.in only. Bidders / Tenderers should regularly visit these websites to keep themselves update.

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 acceptable as defined in tender document.

2) The tenderers meeting minimum qualification criteria will only be considered for opening of price bids after evaluation of Technical bids of all participating and valid tenders.

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 Price 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.

2.10 HOLIDAY LISTING :

Bidders should submit a declaration (on the bidders letter head as per Annexure 13 ) 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.

3.0 NAME AND PERIOD OF WORK:

3.1 NAME AND PERIOD OF WORK

BPCL invites Bids through e-tender under Two-Bid System for hiring storage tanks & allied facilities of terminal owners/operators at Ports of Chennai (PORTS OF CHENNAI, ENNORE AND KATTUPALLI) for the purpose of receipt/storage/handling & delivery of Furnace Oil (FO 180cst) and Light Diesel Oil (LDO) for a period of 3 (three) years, with option for extension up to 1 year +1 year on the same rates, terms and conditions at the sole discretion of BPCL and will be effective from the date of the first placement of product in the terminal tank(s).

3.2 PARTICIPATION:

(i) Tenderers are requested to view / download the tender document from the website http://www.bharatpetroleum.in/tender/tender.asp and go through the same carefully. The eligible tenderers meeting the minimum qualification criteria 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 fact about facilities etc. 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:

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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) Rates quoted in the price bid form in the e-procurement site at https://bpcleproc.in. Also the rates should be quoted in the same units as mentioned in the tender schedule.

3) 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.

4) Rates quoted would be valid and binding on the tenderer for 180 days from the date of opening of Price 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.

5) 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

6) The tenderer should study all the operational aspects of the job and must fulfill the safety, security, environmental, PESO and any other statutory regulations/requirements for receipt/storage/handling/delivery of the products. 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.

7) 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.

8) Incomplete or conditional offer and those with counter condition to the prescribed terms and conditions of the tender documents are liable to be rejected.

9) 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.

10) Tenderer should submit all the details and enclosures as has been asked for in the tender form. In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for shall be a ground for rejection of tender.

11) This special terms and condition supersedes the General Conditions of Contract given in the tender documents.

4.2 TECHNICAL BID REQUIREMENTS :

a. Experience :

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The tenderers should possess minimum TWO (2) years experience in handling of Petroleum/Chemical products/Terminals. Attested copies of work order(s)/contract(s)/agreement(s) and work completion certificates. If the documents are in language other than English, Translated (in English) copy/copies of the work order/contract(s)/agreement(s)/work completion certificates duly Notarized, must also be submitted. Please note above details must indicate the date of commencement and date of satisfactory completion of work(s). b. Facilities :

The tenderers should provide dedicated storage tank(s) of minimum two nos. & maximum five nos. for FO 180cst of 22000 kl and one tank of minimum 3000 kl for LDO, totalling to 25,000 KL calibrated safe storage capacity, suitable for storing FO 180cst and LDO at their terminal and connected piggable dock line(s) to Ports of Chennai. The storage tanks & connected facilities should be duly approved by the competent Explosives (PESO) / Legal Metrology / Port / Factories & Boilers / Pollution Control & other statutory authorities and should hold valid licence / permits during the contract duration.

The receipt lines/pumping facilities at the Terminal should facilitate receipt @ minimum rate of 700 kl per hour and delivery rate to ensure minimum loading of 700 to 800 MT per day.

Additional facilities such as gantry facilities for tank trucks receipt and delivery together with electronic weigh bridges shall be sought.

Preference shall be given to the Terminal operators who have ready facilities at the particular ranking.

c. Financial Turnover :

The minimum average annual financial turnover of the Bidder during the last 3 years ending 31st March 2016 shall be at least Rs. 886 Lakhs (Rupees eight hundred and eighty six lakhs). Bidders shall also submit Audited Balance sheets and profit and loss accounts for last three financial years along with the acknowledged IT Returns.

Solvency Certificate for an amount of Rs 1.0 Crore to be provided from the Bankers.

Documents to be submitted for item (a): i. Attested copies of the audited balance sheet/profit and loss account duly certified by Chartered Accountant with his membership number clearly specified in support of the analyzing parameter of turnover for the preceding three years. ii. Copies of Income tax return for the last three financial years. d. The Tenderers should have the following facilities:

1) TANKS

CALIBRATED TANKS OF CUMULATIVE SAFE STORAGE CAPACITY OF MINIMUM 25000 KLS (MININIMUM 2 NUMBERS & MAXIMUM 5 NOS TANKS FOR FURNACE OIL 180CST AND ONE TANK OF MINIMUM 3000 KL FOR LDO) PRODUCT PARAMETERS OF FO 180CST- VISCOSITY AT 50 DEG C IS 125 TO 180 CST, VISCOSITY AT 20 DEG C IS AROUND 1100 – 1500 CST, POUR POINT 27 DEG C MAX. THE TANKS SHOULD HAVE RECIRCULATION FACILITY AND DEDICATED TO BPCL. THE TANKS MUST BE CALIBRATED AND CLEANED DURING THE ENTIRE PERIOD OF THE CONTRACT. RENEWAL OF LICENCE AND CALIBRATION OF TANKS

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DURING THE CONTRACTED PERIOD WILL BE DONE BY THE BIDDER AT THEIR OWN COSTS, WITHOUT AFFECTING THE SUPPLIES.

(2) PIPELINES

THE DOCKLINE FROM TERMINAL TO JETTY SHOULD HAVE PIGGABLE PIPLELINE EXCLUSIVELY FOR PUMPING BLACK OIL AND PIPE LINE SHOULD BE MAINTAINED ALWAYS FOR RECEIPT AND DESPATCH OF FO 180CST AND LDO CARGO. PRESSURE TEST CERTIFICATE OF PIPELINES CERTIFIED BY APPROVED THIRD PARTY TESTING AGENCY TO BE SUBMITTED, SUBJECT TO BPCL VERIFICATION. THE TERMINAL SHOULD HAVE EXCLUSIVE DEDICATED PIGGABLE DOCK LINES TO ACHIEVE THE DESIRED AVERAGE PUMPING RATES FOR TANKER RECEIPTS AND DELIVERIES (i.e., DESIRED TANKER DISCHARGE RATE OF ABOVE 700 KL/HR. PIPELINES SHOULD BE MAINTAINED AS PER THE GUIDELINES TO ENSURE UNINTERRUPTED SMOOTH OPERATIONS.

(3) PUMPS

TERMINAL SHOULD HAVE SUITABLE CAPACITY RATINGS WITH STANDBY PUMPING ARRANGEMENTS TO ACHIEVE THE ABOVE MENTIONED LOADING RATE UNDER ALL WEATHER CONDITIONS.

(4) JETTY

THE TERMINAL SHOULD BE CONNECTED TO THE MAIN PORT JETTY FOR RECEVING PRODUCT IN GENERAL PARCEL SIZES OF 5000-20000 KL FROM OCEAN TANKERS INTO SHORE TANKS.

(5) TT GANTRY

THE TERMINAL SHOULD HAVE SUITABLE FACILITIES FOR LOADING TANK TRUCKS (TRUCK CAPACITY 12KL TO 26KL) WITH MINIMUM OF 6 LOADING BAYS OF 12 LOADING ARMS INCLUDING 2 LOADING ARMS FOR LDO.

(6) WEIGH BRIDGE:

THE TERMINAL SHOULD HAVE ELECTRONIC WEIGH BRIDGE OF ADEQUATE CAPACITY (MINIMUM OF 50 MT) FOR TANK LORRY LOADING WITH VALID CALIBRATION BYLEGAL METROLOGY DEPT.

(7) DG POWER BACK-UP:

GENERATOR POWER BACK-UP OF ADEQUATE CAPACITY FOR 24 x 7 OPERATIONS FOR BPCL.

(8) NET CONNECTIVITY

Billing and documentation will be done through SAP hence uninterrupted connectivity and internet connectivity to be provided

4.3 INSTRUCTIONS TO BIDDERS:

1. Bidders 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 Annexure/Attachments, 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 bidder. 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 documents

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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 minimum qualification criteria as detailed in clause 2.6 of the tender document.

2) Evaluation of Technical bid shall be based on the facilities offered meeting the complete requirement as per the minimum qualifying criteria sought and also the other technical bid requirements as mentioned in clause 4.2 above. BPCL will conduct physical inspection of the terminal / facilities offered, by a team of company’s officials to verify the same and ascertain the quality / suitability of facilities offered. The decision of the company in this regard shall be final and binding on the tenderer.

3) Price Bid (to be submitted online) shall be opened only for those tenderers whose credential bid / technical bid is found acceptable as defined in tender document.

4)The lowest cost to the company shall be the sole criteria of evaluation of price bid and as such, evaluation criteria of determining the lowest cost shall be the “Total of the (a) amount fixed for the storage capacity in the price bid AND (b) the variable charges for the indicated quantity, excluding service tax/other statutory levies”.

5) Tenderers should quote rates strictly as per the price bid schedule.

6) BPCL reserves the right to reject the tender application of a tenderer, based on BPCL’s experience with them on their past performance.

7) 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.

8) Preference shall be given to the Terminal operators who have ready facilities at the particular ranking.

9) Incase the facilities are not readily available period of 90 days would be given on written request from the successful L1 bidder for putting up the facilities as per the requirements and discretion of the company.

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 Chennai in a separate envelope marked “EMD - Tender No.BPC/I&C/SR/17/BLACKOIL-STORAGE AT CHENNAI/2017 along with the physical documents as stated in Para 5.2 below. Tender documents received without EMD 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) A cash receipt will be issued for the EMD and the tenderer should retain the cash receipt for obtaining refund.

4) No interest shall be payable on EMD.

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5) 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 terminal / facilities to BPCL as per the conditions of the Letter of Intent.

6) EMD would be refunded only after finalization of the tender. While claiming refund, the original Cash Receipt issued by the BPCL must be surrendered. In case the Cash Receipt is lost / misplaced, an Indemnity Bond in specified proforma supplied by BPCL is to be submitted on non-judicial stamp paper of appropriate value (at tenderer’s cost), duly notarized.

7)As per the 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 the Director of Industries Centres or Khadi & Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handlooms or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying the tender fees and Earnest Money Deposit. Such tenderers must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail the exemption.

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 bidder shall be allowed to counter offer rates lower than the L1 rate.

4) Any offer received from the bidder without being asked by the Corporation shall be treated as unsolicited offer from bidder 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 as copies and the documentation to substantiate statements made in the tender document are to be produced for verification by the 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 Rs. 100,00,000/- (Rupees One hundred lakhs only) in the form of 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.

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.

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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 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’s 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 Three (3) years with option for extension up to 1 year +1 year (one) more year at the sole discretion of BPCL on the same rates, terms and conditions. The company reserves the right to foreclose the contract by giving 30 days notice to the tenderer.

4.9 EXECUTION OF AGREEMENT / INTEGRITY PACT :

1) Successful tenderer/s will be required, before undertaking the contract, to execute the Agreement, in requisite stamp paper, within 15 (fifteen) days of the date of issue of the LOI and should physically have the terminal / facilities ready in all respects for undertaking the job.

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 terminal / facilities ready in all respects within 15 (fifteen) days of issue of LOI may render the tenderer liable for forfeiture of Earnest Money 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 and related correspondences shall form part of the contract.

4.10 SCOPE OF WORK: TERMINALLING FACILITIES / HANDLING OPERATIONS

The scope of work broadly covers necessary arrangements for: a) Receipt of the FO 180cst and LDO from the nominated vessel berthed at Ports of Chennai. b) To liaise with BPCL Boarding officer and BPCL appointed surveyor of the vessel for receipt of product as per SOP (Standard Operating Practice). c) To receive in a Terminal’s designated storage tank/s. d) To complete all Marine Tanker receipt documents in SAP. c) Delivery of FO 180cst/LDO into tank lorries nominated by BPCL / Customer against the sample test report. d) Accounting and documentation of product received and dispatched as per the requirements of BPCL. e) Sampling of products pre-discharge, post discharge, monthly monitoring samples and as and when required by BPCL as per Quality control Manual.

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a) Receipt of product from nominated vessel / ship i. Successful Tenderer shall arrange for receiving the Product(s) from the nominated vessel berthed at the Port jetties through pipelines into the designated tank(s) by making use of its facilities and manpower. Once the vessel is ready to discharge Product after completion of ullaging and calculation of on-board quantity, Tenderer shall within the standard and normal time, thereof make suitable arrangements to receive FO 180cst/LDO without any delay. They must have sound knowledge of ullaging, stock accounting, terminal co-ordination, pumping of FO 180cst/LDO, ship operations etc. ii. Tenderer shall arrange to take samples of FO 180cst/LDO during receipt from the vessel and jointly sign and seal them along with BPCL’s representative/appointed surveyors. The samples shall be maintained in safe custody by Tenderer for the required period as stipulated in Quality Control Manual of BPCL / Industry provided to Tenderer. iii. Tenderer shall receive the product from vessel as fast as the ship and shore facilities permit subject to safety considerations. b) Storage in the designated tanks: i. Tenderer will be responsible for storage of FO 180cst/LDO in the designated tanks and its safe handling; ii. Tenderer will maintain the facilities and the Terminal in good order and in working condition at all times and renew statutory licences/calibration of tanks at their own costs without affecting the supplies; iii. Tenderer 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 Tenderer obligations. Tenderer shall certify in writing directly or through its authorized representatives / surveyors, cleanliness and fitness of the storage tank, pipelines and other facilities, only after which Tenderer shall store the Product(s). iv. Successful tenderer shall maintain records of receipt and despatch of product in line with “Industry Quality Control Manual” c) Delivery of the product into Tank Lorries i. Delivery of FO 180cst/LDO into Tank Lorries nominated by BPCL / Customer and specified as per schedule by BPCL by making use of Tenderer’s loading facilities and manpower. ii. Co-ordinate with BPCL’s representative for loading of Product for BPCL Customer. Tenderer will load Tank lorries as per priority decided by BPCL’s authorized representative. iii. Tenderer shall have the arrangement of electronic Weigh Bridge with print facility of capacity of 50 MTs weighing bridge in its premises for weighing FO/LDO Tank Lorry before & after loading product for capturing Tare & Gross Weight for arriving at the net qty loaded; iv. Tenderer has to prepare documents / Invoices in BPCL SAP system. The Printed stationary will be provided by BPCL. d) Demurrage

Any demurrage incurred by BPCL on account of delay in receiving the product from the ship due to non readiness at the shore end or due to terminal operational reason, as per time sheet of the

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vessel maintained by Boarding Officer, & demurrages due to undue delays in Tank Trucks loading shall be borne by the successful Tenderer. e) Quantity assessment / Product Losses i. The product shall be deemed to have been delivered to Service Provider at the Terminal from the ship immediately upon the product having passed the connecting flange of the pipeline of the Terminal. The same is applicable for unloading of Tank lorries. The product shall be deemed to have re-delivered to the Principal from the Terminal if the product is loaded in the tank lorry as per the invoice quantity. ii. No claims from service provider shall be entertained on account of losses while operating/handling of product. Any claim shall be made good by service provider to BPCL, if there are any losses and in case of any gain, no credit will be given to the Service Provider. iii. The Service Provider agrees that the actual loss of product in storage and handling at the terminal shall not exceed the following norm during the Term of the Agreement :

Permissible loss for FO and LDO is “NIL” on monthly volume handled quantity ( i.e., Opening stock + Receipts – Deliveries) calculated at 15 Deg. C. Any loss beyond the permissible limits shall be recovered from the service provider’s monthly bills. Service provider will compensate BPCL for the product value lost at the average landed cost (including excise duties). In case there is gain in the product at the end of the month the same will be taken as BPCL stock. iv. Product accounting to be done on daily basis to assess loss/gain position. Any abnormal loss /gain to be investigated immediately and critically f) General: i. Tenderer shall permit BPCL / Surveyors / Central Excise / Customs authorities, full access to the Terminal and the Facilities at any time during regular business hours for the purposes of inspection, sampling, gauging and testing. In case sampling and/or gauging are required to be done outside regular business hours, BIDDER shall permit all the above mentioned authorities , access to the Facilities, as per their requirements. ii. Tenderer will maintain records of receipts and deliveries to enable BPCL to know the stock available at any particular time. iii. Tenderer shall ensure that all the above Services conform to relevant Government Regulations. iv. Tenderer shall employ such qualified and experienced Management and Operations staff as is required to carry out the Services in accordance with best Oil Industry practices. v. Tenderer shall pay taxes as may be required under the Law in force as applicable to its establishment for rendering the Services. vi. Post GST implementation, the rules governing GST would be applicable and binding to the successful bidder.

4.11 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.

4.12 TAXES & ALL OTHER OUTGOINGS

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BPCL shall pay Port Charges and all State and Central Government Taxes, Levies, Customs Duty and any other Charges and/or assessments on the Product(s) covered hereunder and on the storage, handling, transportation or use thereof which Tenderer may be required to pay or collect under any Central, State, Port or Municipal Law or Authority now in effect or hereafter passed.

BPCL shall pay Service Tax extra @ 15.0 % (or as specified by the Government from time to time) on the gross amount charged by Tenderer for Services rendered. The percentage & amount of Service Tax shall be indicated separately in the bills by the Tenderer.

Post GST implementation the rules applicable at the time will be binding on this tender

BPCL shall also pay directly to the port / berth operator all applicable charges for use of the jetty and other connected facilities such as wharfage, Berth Hire charges, pilotage, port dues, etc.

4.13 INSURANCE

BPCL as owner of the products stored in the Terminal shall arrange and maintain adequate Insurance cover in respect of the quantity of products and cost of such Insurance shall be borne by and shall be on account of BPCL. Tenderer shall arrange and maintain adequate Insurance cover for the facilities provided in the Terminal as also for third party risks and Public liability in operating the Terminal. The cost of such insurance shall be on account of the Tenderer.

4.14 QUALITY

BPCL will place the product conforming to approved specifications. Representative sample will be drawn (through drip/other sampling method from the vessel) during product receipt from the ocean tanker / vessel which will be sealed and signed by the representative of BPCL / Service provider / Surveyor / Vessel. Service provider shall take samples of all incoming product received from BPCL and shall maintain the same for a 90 days period; Service Provider shall maintain the quality of the product received into their storage tanks as per test reports submitted to them by BPCL after receipt of each parcel.

4.15 SURVEYORS, ASSESSMENT OF STOCK/DELIVERIES, MAINTENANCE OF RECORDS

BPCL shall appoint their own surveyors / authorised representative at their cost to supervise receipts into the tank, inter tank transfers. All receipts and delivery operations will be undertaken by Tenderer through its representative / surveyor under the supervision of BPCL’s surveyors / authorised representatives or as directed by BPCL.

Stock reconciliation / Out turns will be done by BPCL’s surveyor in the presence of Tenderer’s representative.

4.16 HOURS OF OPERATION a. Receipt of product through tanker to the service provider tankages should be on round the clock basis. No extra charges will be paid on the receipt of products. Efforts should be made to discharge and release the vessel at the shortest possible time to ensure quick turnaround of the Ocean Tankers. b. Delivery of products from the storage tanks to the tank lorries will be effected during working hours from 0800 hours to 1700 hours excluding lunch time on working days. If deliveries from storage tanks to tank lorries are required outside the above working hours on working days and on Sundays and holidays overtime charges are payable as per the finalized rates in the tender for filling quantity over above the contracted storage capacity.

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4.17 BONDING / DE-BONDING OF TANKS/EXCISE DEALER REGISTRATION

If BPCL desires the storage tank(s) to be bonded , Tenderer will, give a “Letter of No Objection” to Excise Dept. permitting to bond the storage tank(s) with the Central Excise Department till the validity of the contract period. Similarly , if BPCL desires to obtain Excise Registration for issuance of CENVAT Product from the hired Tank till the validity of the contract ,the Tenderer in such case will provide “Letter of No Objection” .

BPCL will obtain necessary permissions and licenses for import of their Product and for bonding of the Product in Bidder’s storage tank(s) and also carry out the Customs clearing and forwarding work on their own at their cost. BPCL will also pay all duties, levies, taxes and any other charges, etc. payable to Customs Department or to any Government Authority and to Port on the Product(s) and obtain necessary permissions for clearance and export of the Product(s) from Port. BPCL will comply with all rules and regulations and procedures stipulated by the Excise / Customs Department and submit necessary documents as required by Excise / Customs Department and will indemnify Tenderer against any claim whatsoever.

In the event of BPCL vacating the tank(s) at the end of the agreement period, BPCL will make arrangements to de-bond/de-register and release the tank from Customs/Excise and hand over the tank free of any encumbrances.

4.18 TITLE, IMPORT OF PRODUCT(S)

Title to the Product stored and / or handled hereunder shall always remain with BPCL.

BPCL will transfer / import the Product (FO 180cst/LDO) and store the Product in Bidder’s tanks only in BPCL’s name.

4.19 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.

4.20 MISCELLANEOUS:

1) No unsolicited correspondence/ queries will be entertained while the award of the tankage hiring 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 tankage hire 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 bidder/bidders 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.

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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 hiring of storage tanks & allied facilities for receipt / storage / handling / delivery of FO 180cst at Ports of Chennai location.

2) Tenderers shall log on to the e-procurement website https://bpcleproc.in and register themselves.

3) The tenderer should download the tender document from e-procurement system on https://bpcleproc.in and after carefully reading the same should be uploaded under his /her login ID, 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 any further clarification, please contact Territory Manager (I&C), Chennai at the address given above.

For tender condition clarification and e-bidding process, a pre-bid meeting shall be conducted on 07.06.2017 at 15.00 hrs at Bharat Petroleum Corporation Ltd., No1 Ranganathan Gardens 11th Main Road, Annangar Chennai 600040

6) Copies of all the documents listed in the tender are to be enclosed along with Tender Form duly self-attested / Notarised 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 downloaded from the e-procurement site 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 TECHNICAL BID:

Submission of Technical Bid: Details of documents to be submitted on-line and in physical form are as under:

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Annexure-2 : Integrity Pact Yes

Annexure-3 : Indemnity Bond Yes

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17 Solvency certificate from Bankers for Yes value of Rs.1.00 crore Notarised copies of Statutory documents (Terminal Layout, Registration Certificate, Explosives/PESO Licence, Central Excise/Customs Registration, Factory Licence, Pollution Control Certificate, valid Tank Calibration certificates & charts,Port Clearences/permissions,ISO certificate, 18 DG Shipping Regn etc as applicable. Yes 19 Tender Fee in the form of Demand Yes Draft for Rs. 1,150/- (incl. Service tax) Yes as per tender Para 2.1 point no. 4. 20 EMD of Rs. 1,00,000/- by way of Yes Yes Demand Draft as per tender Para 4.5 21 MSME Registration, if applicable Yes

5.3 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) Online Price Bid should be quoted for the category as given below :

a) Service tax is payable by BPCL on all charges. Currently, these charges are applicable @ 15.0%. Statutory deductions (viz. TDS) shall be made from monthly payments. Post GST implementation rules prevalent at the time would be binding on this tender.

b) 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 industry. BPCL does not guarantee any minimum throughput per month or for the contract period.

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S.No Description Quantity UOM 2017- Amo 2018 Amo 2019 Amou 2020 Amo 2021 Amo To T Item per year 18 unt -19 unt -20 nt in -21 unt -22 unt tal o in in 2019- in in t 2017 2018 20 2020 2021 al -18 -19 -21 -22 in w o r d s 1 Receipt/Storag 300000 Kilo e /loading and Litres billing Charges (KL) for the calibrated safe storage capacity of 25000 kl (fixed costs for 25000 kl per month) 2 Throughput 2000 Kilo charges on Litres volume (KL) exceeding 25000 kl per month (variable cost –actual vol per month) 3 Pigging 12 per charges per year parcel (variable cost –actual nos per month) 4 Overtime on 32 per Sundays and year Holiday working per shift (variable costs-per shift per month) 5 Overtime 2000 Kilo charges for Litres working (KL) extended hours (variable cost- filled qty in OT per kl per month) Total

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Technical Bid Annexure - 1

HIRING TANKAGE / ALLIED FACILITIES AT PORTS OF CHENNAI FOR RECEIPT/ STORAGE / HANDLING / DELIVERY SERVICES AGREEMENT

THIS TERMINALLING SERVICES AGREEMENT (hereinafter referred to as the “AGREEMENT”) is made at Chennai this _____ day of ______, 2017 BETWEEN M/s. Bharat Petroleum Corporation Ltd., an Indian company having its registered office at 4&6 Currimbhoy Road, Ballard Estate, Mumbai – 400 001 (India) (hereinafter referred to as “Principal” which expression shall mean and include its successors and permitted assigns) collectively referred to as “PARTIES” or singularly referred to as ‘PARTY’ as the context requires.

AND

______(Name of the Service Provider), an Indian company incorporated under the Companies Act, 1956, and having its registered office at ______

______(hereinafter referred to as ‘the Service Provider’ which expression shall mean and include its successors and permitted assigns);

WHEREAS

A. Principal is inter-alia engaged in the business of refining of crude oil, marketing and distribution of petroleum products.

B. Service Provider has been established as a company to render and provide independent storage tankage and terminalling services of Black oil.

C. BPCL has requirement for storage and handling facilities at Ports of Chennai for its products (FO 180cst/LDO) (PORTS OF CHENNAI, ENNORE AND KATTUPALLI) which shall include operations such as unloading of the product from Ship/Tank lorry received ex its refinery/storage point and storage of the product in the dedicated storage tanks, loading into tank lorry and allied documentation / procedures.

D. Service Provider has oil storage facilities at address ______and has offered its storage and handling services to the Principal. (Details of the facilities attached).

E. Principal has accepted the offer of Service Provider and has agreed to avail the storage and handling services of the Service Provider.

F. Service Provider shall provide independent terminalling services to Principal for receipt, storage, redelivery and dispatch of Principal’s products.

G. Service Provider will receive at the Terminal, product by ship/tank lorry and store, transfer and redeliver to tank lorry (arranged for by Principal at their own cost) on behalf of Principal, subject to and upon the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the premises and the mutual terms and conditions hereinafter set forth, the Parties agree as follows:

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1 ENGAGEMENT

Principal hereby engages the services of Service Provider and Service Provider hereby agrees to provide facilities and terminalling services at the Terminal for storage & handling of the products of the Principal subject to and on the terms and conditions contained in this Agreement. The Service Provider shall provide exclusive and dedicated tankage for storage of products of the Principal. The detailed description of the Terminal is given in Exhibit “A” – (to be given by the service provider).

Principal and Service Provider hereby agree and accept that Service Provider has the liberty to provide terminalling services with the Terminal to Service Provider’s other Principals.

Principal hereby agrees to use Service Provider’s Terminal for storage & handling of FO 180cst/LDO (the “Product”), conforming to approved specifications (attached as Exhibit “B”- to be given by Principal), during the validity / subsistence of this Agreement.

2 TERMINALLING SERVICES

2.1 Facility

It is understood by the parties that the facilities provided at the Terminal by Service Provider shall meet Principal’s following requirements. i) Storage tank(s) of Minimum two nos and Maximum five nos for FO 180cst of 22000 kl and one tank of minimum 3000 kl for LDO totalling 25,000 KL calibrated safe capacity. ii)Facility for receiving product from tankers / ships from Port Jetty through a dedicated pipeline owned / arranged by the service provider, facilities for loading into Tank lorry with associated pipelines / infrastructure; iii)Facilities like Pumps, Gantry for loading / unloading tank trucks, Weighing machine, DG Power backup etc.,

The tank capacity and other facilities / infrastructure provided or to be provided from time to time, as stated above shall hereinafter be referred to as the “Facility”.

2.2 Broad Description of the Facility

Service Provider will ensure that the Facility shall:

Have pipeline connection with the Jetty pipelines, storage tanks of required capacity preferably with re circulating facilities and heating arrangements, piping, pumps and other such associated equipment with computerized systems, fire protection etc. as provided in Exhibit “A”.

2.3 Broad Description of Terminalling Services Provided by Service Provider Service Provider shall: i) Ensure that the Terminalling Services shall be performed under and in accordance with this Agreement with due diligence and efficiency, professional skill and workmanship, sound principles and prevailing oil industry practices, statutory requirements as per the applicable laws of India relating to health, safety at work, environmental protection and fire prevention, and in accordance with the requirements of the relevant permits / rules & regulations of the Factory Act / MARPOL regulations etc., ii) Obtain and maintain the necessary permits, licenses and approvals and comply with all applicable law, statutory requirements and regulations including excise registration being in-force from time to time relating to Terminalling Services to carry out its obligations under the Agreement.

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iii) Receive the Product from ship/tank lorry loaded from BPCL refinery/supply point and load the product into ship/ tank lorry to be berthed at the Ports of Chennai by the Principal as per schedule specified by the Principal from time to time. iv) Inter tank transfers depending on operational requirements are to be carried out by the service provider as and when required by BPCL at no extra costs to BPCL vi) Provide Principal with summary of Principal’s product activity including physical inventory on a daily basis. This includes forwarding notes, release memos, tank lorry/ship unloading documentation, statutory documents and stock transfer documentation in BPCL SAP system. If necessary Service Provider will maintain excise documentation / records on behalf of Principal. Principal to provide necessary ‘Power of Attorney’ enabling Service Provider to fulfill above mentioned documentation requirements. Principal to keep Service Provider fully indemnified at all times for any / all documentation related issues / claims. vii) Service Provider to carry out all liasioning with Port Authorities for berthing/unloading/ loading of ships and all liasioning with Excise authorities. viii)Service Provider shall permit BPCL / Surveyors / Central Excise / Customs authorities, full access to the Terminal and the Facilities at any time during regular business hours for the purposes of inspection, sampling, gauging, testing etc., In case these are required to be done outside the regular business hours, Service Provider shall permit all the above mentioned authorities , access to the Facilities, as per their requirements. ix) Co-ordinate with the Principal’s representatives / Surveyors for their product movement plan through ships for stock replenishment to terminal. x) Maintain the facilities and the terminal in good order and in working condition at all times. xi) 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 as necessary to carry out Service Provider obligations under this agreement. xii) At the time of expiry of the agreement , Service Provider shall ensure that all the stocks are reconciled to the satisfaction of the Principal. The service provider must ensure that even the dead stock is removed and loaded in tanklories or in any alternate mode as directed by the Principals. There will be no additional cost payable by the Prinicpal. It shall be the responsibility of the service provider to clear all the stocks and hand over at the time of expiry/termination of the agreement without delay and in reasonable time. BPCL will not be paying any charges (storage / handling etc.,) whatsoever to the Service provider after the expiry of the agreement / termination for the removal of dead stocks. xiii) Delivery of products from the storage tanks to the tank lorries will be effected during working hours from 0800 hours to 1700 hours excluding lunch time on working days. If deliveries from storage tanks to tank lorries are required outside the above working hours on working days and on Sundays and holidays overtime charges are payable as per the finalized rates in the tender.

2.4. Service Provider will receive the product from ship / vessel at a desired minimum pumping rate of above 700 KL per hour into the shore tanks. Any demurrage due to poor unloading/loading rate will be borne by the Service Provider.

2.5. 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, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, and other relevant labour / other

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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.

3. SECURITY DEPOSIT

3.1 The Service Provider shall submit / provide to the Principal a Security Deposit of ` 1 Crore (Rupees One Crore only) 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.

3.2 The Principal shall be entitled to adjust any sum due to it from the Security Deposit amount and/or any contract charges / dues pending for payment to the Service Provider.

4 TERM

Subject to the terms of this agreement, Service Provider will make available to Principal and Principal will use the facility for a period of Three (3) year (the “Term”) with effect from the date of the first placement of the product in the Service provider’s tanks and with a sole option on the part of the Principal to extend the same up to 1 year +1 year on the same rates, terms and conditions. The company reserves the right to foreclose the agreement by giving 90 days notice to the Service Provider

The Term would comprise of calendar monthly invoice cycles each starting from Service Provider’s formal ‘Notice of Readiness’ for the tank / s (post their inspection by BPC’s nominated surveyors) upon award of the contract or from the date of placement of product into the terminal tanks ,whichever is later.

5 TANK CAPACITY

Service Provider will provide Principal for the Term with calibrated tanks of cumulative minimum safe storage capacity of 25,000 KL (with a minimum of 2 nos. tanks & a maximum of 5 nos. with 22000 kl tanks for FO 180cst and one tank with minimum 3000 kl for LDO) (hereinafter called the “Tank Capacity”). The cumulative storage capacities of the tank/s shall be conveyed to the Principal in advance and shall have no influence on the storage/ handling fees of this agreement. All the tanks should preferably have recirculation and heating arrangements.

In case at any time during the term of this agreement the Service Provider is required to change the tank configuration due to operational and/or technical reasons it shall give the Principal sufficient and due prior notification for any such changes to the tank configuration. Provided further that, at all times, the Service Provider shall provide the Principal the same cumulative safe tank capacity.

Principal may request Service Provider to bond above mentioned Tank Capacity. However bonding facilities will be only available after Principal has obtained all necessary clearances thereof. Principal shall make all necessary efforts and arrange for all documentation required. All costs related to this activity shall be on the Principal’s account. Principal undertakes to comply with all Customs/Excise and other statutory requirements with respect to bonding of the tanks and shall keep the Service Provider indemnify against all claims whatsoever resulting from bonding of the tanks.

All Product insurance is to be arranged and cost borne by Principal.

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The Parties agree that Principal will lift all Product stored and vacate and de-bond the Tank Capacity utilized by the end of the Term.

6 OWNERSHIP

The Terminal shall solely vest in and is the absolute property (both legal and beneficial ownership) of the Service Provider and shall not be within the ownership control or disposition of the Principal. The Principal acknowledges and agrees that (a) it has no proprietary or other rights in or to the Terminal and (b) it shall not at any time challenge or otherwise oppose Service Provider’s ownership of the Terminal.

Similarly, the products stored at the terminal shall be absolutely owned by Principal. The Service Provider acknowledges and agrees that (a) it has no proprietary or other rights in or to the said Products and (b) it shall not at any time challenge or otherwise oppose Principal’s ownership of the Products.

7 HANDLING OF PRODUCTS

7.1 TESTING / SAMPLING / SURVEYORS

Principal to appoint surveyor for gauging / sampling / ullaging of ship’s tanks / shore tanks (jointly with Service Provider), prior/post to commencement of unloading operations etc. Service provider in their own interest to appoint their trained officer in the vessel during the discharge operations for supervising the entire ship unloading operations and the same officer would be responsible for ensuring full compliance with all provisions of the Principal’s Operations Manual with respect to the carrying out of all unloading operations which inter alia would include but not be restricted to gauging / sampling / ullaging of ship’s tanks / shore tanks (jointly with Service Provider), prior/post to commencement of unloading operations etc..

Service Provider shall be provided with the test report copy given by the Principal for each batch and the retention samples of the product pumped from the storage tank prior to commencement of loading operations.

7.2 POINT OF DELIVERY OR RE-DELIVERY

The product shall be deemed to have been delivered to Service Provider at the Terminal from the ship immediately upon the product having passed the connecting flange of the pipeline of the Terminal. The same is applicable for unloading of Tank lorries. The product shall be deemed to have re-delivered to the Principal from the Terminal if the product is loaded in the tank lorry as per the invoice quantity.

8 STORAGE / HANDLING CHARGES & PUMPING CHARGES

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Principal would provide their official stationery and software for compliance with their customized documentation / records requirements (if any) along with imparting necessary training to Service Provider’s designated personnel.

8.2 All rates set out in Clause 8.1 above shall be on “all inclusive basis” and deemed to cover the cost of Service Provider personnel and services, working charges, all stock losses, TT decanting, Water charges, Electricity charges, Municipal taxes, documentation, manpower etc. including the cost of payroll, allowances, over heads, profits and fees for handling Principal’s Product. Any other associated costs / expenses relating to services not covered under clause 4.10 above would be charged over and above the handling charges.

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Unloading of Tankers for receipt shall be effected at no extra cost round the clock subject to Rules and Regulations of the Ports of Chennai.

8.3 Other Charges

BPCL shall provide the service provider with Product receipt Notice atleast 24 hours in advance, such product receipt notice would be amended by BPCL to reflect ETA notices received by it from the vessel (or) its agents.

BPCL shall pay applicable port charges, berth hire charges, wharfahge, etc and all state and Central Government taxes. Levies, customs and duty and any other charges as may be required in connection with the marketing of the products.

8.4 Taxes / Duties

The rates set out in clause no: 8, are exclusive of all taxes, duties and levies, which must be paid by Principal in relation to the provision of services under this Agreement or in relation to the Products. Further, Principal will either settle directly or forward to Service Provider (for onward submission of the same on their behalf by Service Provider) if and or when required, any tax, duty or levy, which, as owner of the Product stored at the facility, it is lawfully and administratively required to do.

Service provider would be fully responsible for all statutory compliances (including maintenance of records, timely submission of records, returns e.g. Sales Tax / Excise / TOT returns etc.) Principal indemnifies Service Provider against all taxes, assessments, duties and/or other governmental charge or impositions whatsoever at any time concerning Product or services irrespective of whether the Product is still in Service Provider Facilities or not.

9 PAYMENT TERMS

Service provider shall raise the bill towards the storage / handling charges & pumping 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 Chennai.

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.

10 PRODUCT QUALITY

10.1 Specifications

Principal will place Product conforming to approved specifications. However, during handling of same if Product does not conform to agreed specifications owing to reasons of negligence of Service Provider, the cost of correction (which includes freight, down gradation / up gradation cost, if any, processing charges if any) shall be recovered from Service Provider.

10.2 Samples

BPCL will place product conforming to approved specifications (attached as Annexure - ___). Representative sample will be drawn (through drip/other sampling method from the vessel) during product receipt from the ocean tanker / vessel which will be sealed and signed by the representative of BPCL / Service provider / Surveyor. Service provider shall take samples of all incoming product received from BPCL and shall maintain the same for a 90 days period; Service Provider shall maintain the quality of the

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product received into their storage tanks as per test reports submitted to them by BPCL after receipt of each parcel.

Service Provider jointly with Surveyor will take samples and shall preserve the same for a period of 1 (one) year. If at any time during the handling and storage of the product supplied by BPCL it fails to conform to the approved specifications (result of the retained sample) owing to reasons of negligence attributable to service provider, the cost of correction which includes freight, down gradation / up gradation (if any), processing charges (if any), shall be recovered from the service provider. All costs for surveyors engaged by the Principal shall be on Principal’s account and costs for surveyors engaged by Service Provider shall be on Service Provider account.

11 PRODUCT LOSS

Parties’ Surveyors. Service Provider shall not be responsible for any quantity mentioned in Principal’s bill of lading or any other documents or any other quantities solely determined prior to ship/ tank lorry discharge.

The despatches are based on the quantity indicated in the Invoice / PDN of the vessel as per the joint shore tank out turn by service provider & BPCL surveyors. No claims from service provider shall be entertained on account of losses while operating/handling of product. Any claim shall be made good by service provider to BPCL, if there are any losses. In case of any gain, no credit will be given to the Operator / Service Provider.

The Service Provider agrees that the actual loss of product in storage and handling at the terminal shall not exceed the following norm during the Term of the Agreement :

Permissible loss for FO/LDO is “NIL” on monthly volume handled quantity ( i.e., Opening stock + Receipts – Deliveries) calculated at 15 Deg. C. Any loss beyond the permissible limits shall be recovered from the service provider’s monthly bills. Service provider will compensate BPCL for the product value lost at the average landed cost (including excise duties).

In case there is gain in the product at the end of the month the same will be taken as BPCL stock.

Product accounting to be done on daily basis to assess loss/gain position. Any abnormal loss/ gain to be investigated immediately and critically.

12 LIABILITIES AND INDEMNITIES

12.1. From the date of commencement of operations,

a. Service Provider shall ensure that the Product is handled and the Terminalling Services are provided with reasonable care and skill expected of an organization rendering such services and in accordance with accepted industry practice and maintain the facilities as per the requirements of BPCL.

b. Service Provider will be liable for any delay in receipt of the product from the Vessel owning to reason attributable to pipe line / terminal.

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c. Notwithstanding anything contrary in the Agreement, Service Provider shall not be liable for any claim arising:-

(i) From Force Majeure.

d. 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 Terminalling Services from the Terminal), 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.

e. In the event of occurrence of any untoward incident such as pilferage, fire, theft etc., at the Tank operator terminal/premises or at the connected berth due to the negligence on the part of the Operator or otherwise, BPCL is to be duly indemnified against all charges and consequences.

f. For any spillage due to mal function of utilities, leakages at jetty end will be the liability of service provider who will be carrying out the job of dispensing to the vessel behalf of the principal, hence “operator” will be duty bound to abide by Port formalities, rules, regulations and timings of Ports of Chennai with respect to MARPOL regulations.

12.2. 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.

12.3. 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.

13. INSURANCE

Principal as owner of the Product stored in the Terminal shall arrange and maintain adequate insurance in respect of the quantity/s of Products and the costs of such insurance shall be borne by and shall be to the account of Principal. Service Provider shall arrange and maintain adequate insurance for the facilities comprised in the Terminal as also for third party risks and public liability in operating the Terminal and the cost of such insurance shall be borne by and shall be to the account of Service Provider.

14. LIEN AND RIGHT OF DISPOSAL

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

14.2 Notwithstanding anything contained to the contrary in these Articles and subject to Indian laws, if:

Principal fails to remove the Products upon the expiry or termination of the Agreement, Service Provider shall be entitled to give notice to Principal to remove the Product within 90 days.

15. ASSIGNMENTS

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 inure 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.

16. 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.

17. 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.

18. 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 Chennai in connection with any matters which might arise out of this agreement.

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The language for the purposes of this Agreement shall be the English language and all correspondences, notices and communication etc. shall be in English.

19. 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.

20. 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.

21. TERMINATION

21.1 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:

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

21.2 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.

21.3 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.

22. 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

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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: Managing Director

Telefax: +91______

B) In case of Principal to:

M/s. Bharat Petroleum Corporation Ltd.

Attention: ______I&C Chennai Territory. Telefax: ______

23. 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.

24. FORCE MAJEURE

24.1 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.

24.2 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.

24.3 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.

25. ARBITRATION

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If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement (and whether before or after the termination of breach of this Agreement) Parties hereto shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. In the event no amicable resolution or settlement is reached within a period of thirty (30) days from the date on which the dispute or difference arose, such dispute or difference shall be referred to the sole arbitration by Director (Marketing) of the Principal or such Officer as may be nominated by him by general or special order for adjudication of the dispute or difference referred by the parties. The award of the said Sole Arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement. The provisions of the Arbitration & Conciliation Act, 1996 or any statutory medication or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

26. 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.

27. 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.

28. STAMP DUTY

Stamp duty for the Agreement shall be shared equally by both the parties.

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 :

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 38

Date

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 ……………………………………. 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 Bidders/s and Contractor/s.

In order to achieve this goal, the Principal cooperates with the renewed international Non- Governmental Organization “Transparency International’ (TI). Following TI’ national and international experience, The Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

1. 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.

2. 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.

3. 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

(1) The Principal 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.

1. The Bidder/ Contractor 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

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 39

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.

2. The Bidder/ Contractor will not enter with other Bidder 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.

3. The Bidder/ Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further The Bidder/ 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.

4. The Bidder/ Contractor 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.

(2) The Bidder/ Contractor 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 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 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 Bidder/ 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 Bidder 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.

(3) The Bidder 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 Bidder/ Contractor 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 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 liquidated damages equivalent to Security Deposit/ Performance Bank Guarantee.

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(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder/ Contractor 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 extent of the damage in the amount proved.

Section 5 – Previous Transgression

(1) The bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be terminated for such reason.

Section 6 – Equal treatment of all Bidder/ Contractor/ Subcontractors

(1) The Bidder/ Contractor 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 Bidders, Contractors 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 – Criminal charges against violating Bidders/ Contractors/ Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Subcontractor, or of an employee or a representative or a representative or an associate of a Bidder, contractors or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor/ Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor 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 Contractors accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor 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/ 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 Contractor. 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 nonbinding 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

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 41

shall give an opportunity to the bidder/ contractor 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) Monitor shall be entitled to compensation on the same terms as being extended to/ provided to Outside Expert Committee members/ Chairman as prevailing with Principal.

(8) 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 Commissioner, Government of India.

(9) The word “Monitor” would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally singed it. It expires for the Contractor 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 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 Contractor 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.

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 Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

If the contract has been terminated accordingly to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract accordingly 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.

Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor. The name/address/contact numbers of Independent External Monitor (IEM) appointed to oversee implementation is given below :

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 42

Shri. Shantanu Consul No.9, MCHS (IAS Officer’s Colony), 16th Main, 5 th C Cross, BTM 2nd Stage, BANGALORE – 560 076. Email id – [email protected] Mobile – 09740069318

------For the Principal For the Contractor

Place …………………. Witness 1: ……………….

Date…………………..

Witness 2:……………….

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 43

Technical Bid Annexure-3

(On a non-judicial stamp paper of Rs. 200/-as applicable on date and statute)

INDEMNITY BOND

This Indemnity Bond executed on this ……………. day of …………… 2017 by M/s. …………………………. and having its registered Office at ……………………………………………………… hereinafter called the said Service provider (which expression shall mean and include the partner or partners for the time being of the firm and also include their or his respective heirs, executors, administrators, its successors and assigns in law) in favour of Bharat Petroleum Corporation Limited, a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART

And

M/S ______a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at ______hereinafter called “THE Service Provider” or Contractor (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART.

WHEREAS the Corporation has awarded Hiring of tankage/allied facilities for receipt/storage/handling/delivery of Furnace oil FO 180 CST/L & Light Diesel Oil (LDO) to the said contractor for the period of 3 years effective from ______and extendable for another one year plus one year at Corporation’s option on the same rates, terms and conditions as per contract agreement signed and WHEREAS the said contractor has offered their facilities to the Corporation owned by the said contractor and declared under their control as their own. Details of these facilities are given in the list attached to the said contract Agreement.

AND WHEREAS the Contractor offers the aforesaid facilities owned by them and/or declared by the Contractor claiming as their own or made subsequent to the issuance of LOI and declared as (either owned directly or attached to the firm).

AND WHEREAS the said Contractor has requested the Corporation to accept the said facilities made available subsequent to the issuance of LOI, offered under the requisition of the said contractor and the said contractor has agreed to execute this Indemnity Bond.

IT IS, therefore, the intent of the Indemnity Bond of M/s.______the said Contractor to indemnify and keep indemnified the Corporation as stated hereinafter:

1) The said Contractor hereby agrees and undertakes to abide by all the terms and conditions of the tender and the contract agreement and that the said contractor shall be solely and absolutely responsible and liable with regard to the said facilities and the additional facilities made available subsequent to the issuance of LOI and keep the Corporation indemnified against any loss, damage, liability and/or third party claim, whatsoever, which the Corporation may suffer due to utilisation of the said facilities and the additional facilities made available subsequent to the issuance of LOI, not owned by the said Contractor.

2) M/s. …………………………………., the said Contractor, hereby undertakes to indemnify and keep indemnified the Corporation against all losses, damages and claims of whatsoever nature which may arise against the Corporation by way of utilisation of the said facilities and the additional facilities made available subsequent to the award of contract, due to accident, negligence of the staff of the Contractor or due to the operator getting involved in any criminal act of whatsoever nature and the said Contractor undertakes and hold himself liable and responsible for all these losses, damages and/or liabilities without involving the Corporation therein.

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 44

3) M/s. ………………………………… , the said Contractor further undertakes to indemnify and keep the Corporation indemnified against all suits, litigations / court proceedings, demands, claims or any action which may arise against the Corporation due to utilisation of the said facilities and the additional facilities made available subsequent to the award of contract.

4) Finally, M/s. …………………………….., the said Contractor undertakes that all the terms and conditions of the tender and contract agreement dated………………shall be applicable and the said Contractor shall be liable as per these terms and conditions for the utilisation of the said Facilities and the additional facilities made available subsequent to the award of contract, offered to the Corporation in the same manner as if these Facilities are owned by the said Contractor.

SIGNATURE: …………………………..

NAME: (Signed as Proprietor / Partner / Director)

NAME & ADDRESS ………………………….. OF THEIR FIRM ……………………………

……………………………… BEFORE ME PUBLIC NOTARY

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 45

Technical bid Attachment-1

PARTICULARS OF THE TENDERER

Sr. No Particulars Please provide information here. 1 Name of Tenderer: 2 a. Registered Office Address: b. Address for Correspondence: c. E-mail ID: 3 Contact Details: Telephone No. : Mobile No.: 4 Status of Tenderer viz. Individual, Firm, (Proprietor, Partnership Limited co. etc.) 5 Name/s of Proprietor/Partners/ Directors of the Company: 6 a)Year of establishment b)Registration No. c)PAN No. d) Solvency certificate e)PF Registration No. f) ESI registration No g) Service tax registration No

7 a)Name of Bankers with full address b)Style of account and Account No.

8 Please provide previous 3 years annual 2013-14: turn-over in Rs. lakhs. 2014-15: 2015-16: 9 Income tax Return for last three years 10 Whether the tenderer (Proprietor/Partners/ Directors of the Company) are related to (as defined under Companies Act 1956) any of Directors of BPC. If yes, please give details: 11 Whether the tenderer is existing dealer / distributor of BPC. If yes, please give details. 12 Whether the Tenderer has previous experience of storage, handling, of Petroleum products,. If yes, pl provide details as under: Name of the Oil Company: Contract Reference No.: No. of years of Contract: Contract Validity: 13 Whether the Tenderer has ever been black-listed by any Oil Company. If yes, please give details: Name of the Oil Company: Year of black-listing: 14 Whether any litigation / court case is pending against the tenderer which may affect the tenderer’s obligation to this contract, if awarded. 15 Manpower profile of the Tenderer

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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 Price 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

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Attachment-2

(To be provided in the letter head of the firm / company with sign & seal)

PARTICULARS OF STORAGE TANKS / ALLIED FACILITIES / LICENCES

The details of the storage tanks & Tank no: Safe Capacity various other facilities are: (KL) Storage tanks 1)

2)2)

6) Dock Line(s) Length from Jetty Diameter Tested to Shore/Terminal (inches) pressure (Kg/cm2) 1)

Tank lorry Gantry No. of Bays Capacity (KL per HR)

Tank lorry Loading Make Capacity (KL Main / Pump(s) per HR) Standby

Electronic Weigh Bridge Make Capacity(MT)

DG Set for Power back up Make Capacity(kVA)

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Details of Other facilities

Fire Water Pumps / Tanks Tank Capacity Pumps

Tank Lorry Unloading Facilities Gantry Pumps

Office Building Area (sq.mts)

Any Other facilities (Pls. Specify)

Details of Statutory Documents Document / Licence / Approval Validity no. a)Explosives / PESO licence b)Factory Licence c)Pollution Control Dept. d)Tank calibration details e)Port licence / permission f)Terminal Layout Drawing g)Dock line Pressure Test h)Others (Pls. Specify)

Signature / Seal of the Tenderer:

Name and Address of the Tenderer:

Place / Date:

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Technical Bid Attachment-3

TENDERER’S COVERING LETTER

FROM:

M/s. ______

______(Name and Address of the tenderer)

To:

Territory Manager (I&C), Bharat Petroleum Corporation Ltd., I&C Territory, No 1, Ranganathan Gardens 11th main Road, Annanagar Chennai 600040.

Dear Sir,

Sub: e-TENDER FOR HIRING TANKAGE / ALLIED FACILITIES AT PORTS OF CHENNAI RECEIPT/ STORAGE / HANDLING / DELIVERY OF FO 180CST/LDO – TENDER NO: BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 *****

With reference to your subject tender, we confirm having carefully read and understood various conditions / documents supplied with the tender.

We confirm having participated in the e-tender and submitted the required documents on-line.

We hereby submit the following credential / technical bid documents, duly completed in a sealed envelope as per details given here under:

Annexure-2 : Integrity Pact Yes

Annexure-3 : Indemnity Bond Yes

2 Particulars of Tenderer/Bidder as per Yes Attachment-1 3 Particulars of Storage tanks/allied Yes

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facilities as per Attachment-2 4 Tenderer’s Covering Letter as per Attachment-3 Yes 5 General Irrevocable Power of Attorney Yes as per Attachment-4 6 Details of relationship with BPCL Yes Directors as per Attachment-5 Declaration in A, B &C as per attachment 7 6 8 Bank Guarantee as per Attachment-7 Yes Process compliance statement as 9 Attachment 8 &9 Holiday Listing declaration as attachment 10 10 Self attested acknowledgement copy of the Income Tax returns for the last three 11 financial years and copy of PAN card Yes 12 Self attested copy of previous three Yes years’ audited annual report i.e FY 2013-14, 2014-15 & 2015-16 (profit and loss account/Balance sheet duly certified by auditor) 13 Self Attested copies of Trading license or Firm / Company Registration Yes Certificate. 14 Self Attested copies of Partnership Deed or Certificate of Incorporation Yes 15 Self Attested copies of work order(s)/contract(s)/agreement(s) and Yes work completion certificates for similar job experience in handling POL Products 16 Self Attested copies of PAN, Yes PF,ESIC,Service Tax Regn.certificates 17 Solvency certificate from Bankers for Yes value of Rs.1.00 crore Notarised copies of Statutory documents (Terminal Layout, Registration Certificate, Explosives/PESO Licence, Central Excise/Customs Registration, Factory Licence, Pollution Control Certificate, valid Tank Calibration certificates & charts,Port Clearences/permissions,ISO certificate, 18 DG Shipping Regn etc as applicable. Yes 19 Tender Fee in the form of Demand Yes Draft for Rs. 1,150/- (incl. Service tax) Yes as per tender Para 2.1 point no. 4. 20 EMD of Rs. 1,00,000/- by way of Yes Yes Demand Draft as per tender Para 4.5 21 MSME Registration, if applicable Yes

We attach herewith the following DDs:

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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 Chennai.

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 Chennai.

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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Attachment-4

(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 providing tankage & allied facilities at Ports of Chennai (Tender no:……. 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 providing tankage & allied facilities at Ports of Chennai. iii) To sign, seal, execute, perfect and/or complete Terminalling / Handling Services Agreement and all and/or any other document, Indemnity Bond etc. required by the Company in connection with the said Terminalling / Handling Services Agreement. iv) To do all acts, deeds, as may be necessary for and incidental to the execution of proper performance of the said Terminalling / Handling Services 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 Terminalling / Handling Services 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/ Terminalling / Handling Services Agreement / or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at ______this ______day of ______Two thousand and Seventeen (2017). Signatures

Signed, Sealed and delivered by 1) Shri______the within named partners/ Directors of M/s ______2)Shri______

3) Shri______

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Before me.

Notary public

(Notary's Stamp)

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Attachment-5 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* e 59 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:

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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:

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Attachment-6

DECLARATION ‘A’

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

Agreement

Place :

Date Signature & Seal

DECLARATION ‘B’

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

/ Central / State Government

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’

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

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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 12. Son’s Daughter

2. Mother (including Step Mother) 13. Son’s Daughter’s Husband

3. Son (including Step Son) 14. Daughter’s Husband

4. Son’s Wife 15. Daughter’s Son

5. Daughter(including Step Daughter) 16. Daughter’s Son’s Wife

6. Father’s Father 17. Daughter’s Daughter

7. Father’s Mother 18. Daughter’s Daughter’s Husband

8. Mother’s Mother 19. Brother (including Step Brother)

9. Mother’s Father 20. Brother’s Wife

10. Son’s Son 21. Sister (including Step Sister)

11. Son Son’s Wife 22. Sister’s Husband

DATE / PLACE SIGNATURE OF TENDERER:

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Technical Bid Attachment-7

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

BANK GUARANTEE

This Deed of Guarantee made this ______day of ______, 2017 (Two Thousand and Seventeen) 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 ______2017 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.

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

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 59

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.

11. That nothing omitted or done by the Corporation shall in any way affect or discharge the liability of the Guarantor under these presents.

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12. All sums hereby guaranteed by the Guarantor shall be due and payable to the Corporation at Chennai 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 :

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Technical Bid: Attachment 8

PROCESS COMPLIANCE STATEMENT

Name of the Bidder : TENDER NO. BPC/I&C/SR/17/BLACK OIL –STORAGE AT CHENNAI/2017 (system no : 24325)

The following terms and conditions are deemed as accepted by us for participation in the bid event:

1. We have understood and accept the general terms and conditions, technical specifications and bidding process & time line as per tender no. BPC/I&C/SR/17/BLACK OIL –STORAGE AT CHENNAI/2017 (system no : 24325)

2. The award decision by BPCL would be final and binding on us.

3. We will not divulge either our bids or those of other Bidders to any other external party.

4. We will not make any Off-line negotiations with BPCL. Technical and other non-commercial queries (not impacting price) shall also be directed to M/s. E Procurement Technologies Ltd . Bidding process related queries could be addressed to M/s. M/s. E Procurement Technologies Ltd personnel indicated in the tender document.

5. We agree to non-disclosure of trade information regarding the purchase, identity of BPCL, bid process, bid technology, bid documentation and bid details.

6. Inability to bid due to telephone line glitch, Internet response issues, software or hardware hangs will not be the responsibility of) M/s. M/s. E Procurement Technologies Ltd or BPCL.

7. M/s. E Procurement Technologies Ltd does not take responsibility beyond the bid event. Order finalization and post order activities such as shipment, payment, warranty etc. would be transacted directly between us and BPCL.

8. Our participation in a bid event is by invitation from BPCL, BPCL is not obliged to place the contract if the expected price of the lots or event is not met. BPCL will be at liberty to cancel the bid event and initiate a fresh one, if necessary.

9. Bids once submitted cannot be modified or withdrawn, but can be modified till last of submission of tender in system.

10. BPCL along M/s. E Procurement Technologies Ltd can decide to extend, reschedule or cancel the Bidding.

11. We shall indemnify and hold BPCL / M/s. E Procurement Technologies Ltd , its subsidiaries, its and their successors and assigns, officers, employees and agents harmless from any direct or indirect loss or damage and or claims for personal injury or property damage caused by any contractual problems or by our negligent or fraudulent act, omission or willful misconduct or breach of any term of this Agreement.

12. M/s. E Procurement Technologies Ltd , nor any related company, nor any of its owners, employees or other representatives will not be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages and claims of third parties.

13. M/s. E Procurement Technologies Ltd does not guarantee continuous, uninterrupted or secure access to its services, and operation of the site may be interfered with by numerous factors outside of its control.

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 62

14. We hereby confirm the following: a) We will participate in online Bid Event which will be conducted by M/s. E Procurement Technologies Ltd , and will quote the net price as per the tender requirements as applicable. b) The following person from our organization has been trained to participate in the online bidding and has fully understood the online bidding process:

Name: Mobile Number: Contact Number (In absence of mobile number): c) We have read the tender documents “BPC/I&C/SR/17/BLACK OIL–STORAGE AT CHENNAI/2017” and all the supporting documents carefully read and all terms & conditions mentioned in the tender and attachments/ annexure are acceptable to us. d) We have signed and submitted compliance statement with this letter.

Name of the Bidder:

SEAL:

DATE:

SIGNATURE OF THE BIDDER / AUTHORISED SIGNATORY

BPC/I&C/SR/17/BLACK OIL-STORAGE AT CHENNAI/2017 Page 63

Attachment 9

Training Conducted by: M/s. E Procurement Technologies Ltd

(TENDER NO. BPC/I&C/SR/17/BLACK OIL - STORAGE/2017)

I /We ______representing M/s. ______had/have attended the training program for Web Tender/ Electronic Bidding conducted by M/s. E-

Procurement Technologies Ltd (ETL) held at ______office on date______.

I/We have understood the procedure for placing the bids in Electronic Bidding.

Bidder Name:

Name (s): 1

Name (s): 2

Signature(s):

Date & Time: Place:

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Attachment 10

Holiday Listing Declaration (on bidders letter head)

Ref no:

To;

Territory Manager (I&C), Chennai Bharat Petroleum Corporation Ltd,

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: Date: Seal of the firm:

*****************************************************************************************************

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