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NOTICE INVITING TENDER

BHARAT PETROLEUM CORPORATION LIMITED TENDER FOR BULK LUBRICANTS/BASE OILS ROAD TRANSPORTATION CONTRACT Ex GREATER MUMBAI LOCATIONS TO VARIOUS DEPOTS /LOCATIONS

TENDER NO. BPC /WR/ BULK LUBES / 2010 - 2012

I. GENERAL

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite sealed tenders under Two-Bid System, from tank lorry owners, having minimum annual turnover of Rupees Fifty(50) Lakhs during any one of the last three (3) financial years i.e. 08-09, 07-08, 06-07, and owning minimum 20 ( twenty ) tank lorries and offering minimum 20 (twenty) attached tank lorries, for award of contract for road transportation of Bulk lubricants/ Base Oils from Mumbai (Wadilube,Sewree or Taloja or any other locations in and around Mumbai) with effect from 01.05.2010 for a period of 1 (One ) year, with option for extension up to 1 (One) year at the sole discretion of BPCL.

List of locations and estimated volumes :

Sr. No.

Destination State Estimated Qty-KL per annum

Transit Time

(No. of days)

1 Alambagh (Lucknow) Uttar Pradesh 400 5

2 Aurangabad Maharashtra 100 2

3 Budge Budge West Bengal 600 8

4 Chandigarh Chandigarh UT 600 6

5 Coimbatore Tamil Nadu 600 5

6 Gandhidham Gujarat 400 3

7 Gurgaon/Manesar/Dharuhera Haryana 1800 5

8 Hubli (Navalur) Karnataka 100 3

9 Itarsi Madhya Pradesh 800 4

10 Kagal (Kolhapur) Maharashtra 100 2

11 Kota Rajasthan 200 3

12 Loni (near Ghaziabad) Uttar Pradesh 31000 5

13 Moulali (Hyderabad) Andhra Pradesh 350 3

14 Pondicherry Pondicherry UT 300 5

15 Pune Maharashtra 100 1

16 Ratlam Madhya Pradesh 400 3

17 Rewari Haryana 400 4

18 Rudrapur /Panthnagar Uttaranchal 400 6

19 Tondiarpet, Chennai Tamil Nadu 24000 5

20 Varanasi Uttar Pradesh 250 5

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21 Vatwa Gujarat 700 2

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Within 0-50 KMS ex Mumbai loading Plant.

Maharashtra

200

same day

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Within 51-100 KMS ex Mumbai loading Plant

Maharashtra

200

same day

Note: The list of locations and approximate volume business currently being handled are as above. The list is only indicative and does not indicate the absolute number of locations and volume of business. The Corporation will have the discretion to make changes in the list of locations as well as the volume of business depending on the actual business requirements of the Corporation from time to time. The addresses of the above locations and distances are available with Wadilube plant. II. TENDER DOCUMENTS: The tender documents can be obtained on payment of Rs.5000/-(Rupees Five thousand only) per set by Demand Draft (DD) (Non-refundable) drawn on any scheduled bank payable at Mumbai in favor of BHARAT PETROLEUM CORPORATION LTD. The tender documents will be available on any working day within period specified in Notice Inviting Tender (NIT), during office hours between 10.00 hrs and 16.00 hrs and on Saturday upto 13.00 hrs. only at the following address:

Plant Manager, Wadilube Lube Plant, Bharat Petroleum Corporation Ltd, Malet road, Wadibunder, MUMBAI 400009

The tender document can also be downloaded from our website (www.bharatpetroleum.com -->click Tender Room --> click Lubricants - transport) and should be submitted along with DD (Non Refundable) of Rs.5,000/- (Rupees Five Thousand Only) per set, drawn on any scheduled bank , payable at Mumbai in favor of BHARAT PETROLEUM CORPORATION LTD. Tender documents not submitted with DD of Rs. 5,000/- (Five Thousand Only) per set will be rejected. III. EARNEST MONEY DEPOSIT (EMD):

Tenderer shall pay Rs. 1,00,000/- (One Lakh Only) as EMD per tender by D.D drawn on any scheduled Bank payable at Mumbai in favor of BHARAT PETROLEUM CORPORATION LTD. This should be submitted along with the Technical Bid. Bids submitted without EMD will be rejected.

IV. SUBMISSION OF TENDER: Completed Tender documents duly sealed by gum/ adhesive, in an envelope, and super scribed, “BPC/WR/BULK LUBES/2010-2012” and with clear marking of Name and

Address of the Tenderer, are to be put in the Tender Box up to 12.00 Hrs on or before closing date specified in NIT at the following address:

Plant Manager,

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BPCL Wadilube Plant, Malet road, Wadibunder, MUMBAI 400009

Tenders received after the due date & time will not be considered. V. Age (Year of Model/Make in the RC book) of tank-lorry offered should not exceed

Eight (8) years i.e. tank-lorries of model earlier than May,2002 will not be considered.

VI. Minimum Twenty (20) tank-lorries offered by the Tenderer must be owned by the

Tenderer in the name of the Partnership Firm/Proprietorship Firm/Individual who has submitted the bid and Twenty (20) can be attached tank lorries or the tenderer can own all the 40 tank lorries. Out of the total 40 tank lorries, the tenderer must provide minimum 4 tank lorries of the capacity of 12 KL either in owned or attached category.

VII. The due date and time of opening of tender documents is as specified in NIT for

all the locations stated above.

VIII. SIGNING OF AGREEMENT :

Each successful tenderer will have to sign an Agreement. The period of Agreement with successful tenderer would be one (1) year w. e. f. 01.05.2010 with an option on the part of BPCL to extend the same by one (1) year on same rates, terms and conditions. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per terms of the Agreement. Draft of the Agreement is available with Tender documents.

IX LOCAL OFFICE:

Outstation tenderer(s), should have a Contact Office at loading location within Ten (10) days from the date of award of Contract and the address of the same should be submitted before the contract/agreement is signed.

X. RESERVATION: The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basis. The SC/ ST tenderers desirous of offering the tank Lorries will have to participate in the tender and should fulfill all tender conditions. The SC/ ST tenderers will not be eligible for any price preference or relaxation of standards. There is no difference in EMD or any other tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST are given in tender document. XI. OPENING OF TENDER: After scrutiny of the „technical bids‟ by BPCL, the eligible tenderers will be notified regarding the date, time and venue for the opening of the price bids. The offers will remain valid for two hundred and forty (240) days from the opening of Price Bid of tender unless extended by mutual consent in writing.

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BPCL 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.

XII. Tenders received late for whatever reasons / without EMD / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered. XIII. All tank lorries should be calibrated in such a way that its total weight along with

product should not exceed the RLW mentioned on the RC of the tank lorry. XIV. Under no circumstances the tender documents should be sent by post/courier.

TENDER TERMS & CONDITIONS :

A. 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 BPCL & any of its subsidiaries, IOC or HPC or IBP 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 tenderer‟s part entitling BPCL to all rights and remedies available thereof including termination of contract.

2a. All rates quoted should be both in words and figures. In case of any difference

between the two, the rates quoted in words shall be considered as final and authentic.

2b. The tenderer should quote for all locations in the tender schedule. 2c. The rate should be quoted in the same units as mentioned in the tender schedule. 3. Rates offered would be valid and binding on the tenderer for two hundred and forty

(240) days from the opening date of Price Bid of this tender 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 subject to escalation/de-escalation as per Schedule A.

4. BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to: a) Negotiate with any or all tenderers, b) Divide the work among Carrier(s), c) Reject any or all tenders either in full or in part, d) Assign the offered and accepted tank-lorries to any of the contracts, and e) Engage additional Carriers/ tank-lorries at any time without giving any notice

whatsoever to the Carrier/s already appointed against this Tender.

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5. The tenderer should study all the operations/ local conditions at the loading/ unloading point/s and route/s. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender.

6. Tenderer should deposit the sealed tender in the envelope “C” well before the

closing time and date in the tender Box earmarked for this purpose at the concerned office. No tender document shall be entertained after due date and time of submission of tender. BPCL will not be responsible for any delay under any circumstances whatsoever if the tender is not submitted before the closing date and time and in the correct tender box.

7. Tenders not meeting the tender terms & conditions or incomplete in any respect

or with any additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding.

8 In case of requirement of tank-lorries by BPCL, new transporters may be inducted

at the finalized L1 rate of that location. 9 At least Twenty (20) tank-lorries offered by the Tenderer must be owned by the Tenderer in their name (i.e. Firm or Partner or Director or Proprietor) and additional Twenty (20) can be attached tank lorries. Or the tenderer can own all the 40 tank lorries. Out of the total 40 tank lorries, the tenderer must provide minimum 4 lorries of the capacity of 12 KL tank lorries either in owned or attached category. 10. Age of vehicle offered should not exceed eight (8) years. The tank-lorries

attaining the age of eight (8) years during the contractual period shall not be allowed to transport BPCL‟s materials. Transporter should arrange the replacement of tank lorries in time before any tank lorry attains the age of eight (8) years. At the BPCL‟s discretion, time period not more Thirty (30) days may be granted to replace the tank lorry attaining the age of eight (8) years.

11. The estimated quantity to be delivered shown in tender document is indicative

and is subject to change. BPCL reserves the right to contract additional tank-lorries, if required, from BPCL‟s other SBU transporters or from the market.

12. Tenderer should submit all the details and enclosures as specified in the tender

form. In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender.

13. Tenderer may witness the opening of tender on the appointed date and time by

sending authorized representative. 14. Tank-lorries quoted in the tender should have all valid documents such as

calibration certificate; registration certificates etc as on the closing date of tender and shall remain valid throughout the tenure of the contract.

15. The successful tenderer would be required to take fuel/Lubricants for the tank-

lorries engaged by BPCL, at the Smart Fleet Retail Outlets of BPCL. For this the Tenderer would have to enroll under CMS Fleet Card scheme for his fuelling requirements. A minimum of 25% of the billing amount from the Carrier‟s monthly

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transportation bill shall be deducted and the same shall be credited to his CMS Fleet Card account.

B. EVALUATION OF THE TENDERERS:

1. This Public Tender is floated in two bid system i.e. technical bid & price bid.

Firstly the technical bid will be opened on scheduled date and will be evaluated on the following minimum qualification criteria as given in Table “A” below besides meeting other tender guidelines:

TABLE “A” : Criteria for evaluation of technical bid:

S No. Requirement Minimum Criteria

Supportings required

A Experience in transportation of Bulk Petroleum Products

Minimum 3 years

Experience certificate letter(s) from concerned companies on their letterhead and duly attested copy of contract of transportation.

B Total Turnover (from all business) as per P&L account for financial years 08-09, 07-08 and 06-07.

Minimum Rs.50/- Lakhs

Last three years audited Annual Reports. The turnover should be equal/more than 50 Lakhs in any one of the last three financial years i.e. 08-09, 07-08 and 06-07.

C Total Tank lorries to be offered. Details given below.

Minimum 40 Numbers. (Refer Note below)

C (i) Owned Tank Lorries (note )

Minimum 20 numbers

Duly attested copies of Registration Certificate of tank lorries owned along with the copies of calibration certificate of all tank lorries by a Gazetted Officer.

C (ii) Attached Tank Lorries

Maximum 20 numbers

Duly attested copies of Registration Certificates of tank lorries offered as Attached along with the copies of calibration certificates by a Gazetted Officer and affidavits from the owners of tank lorries as per format given in the tender.

D Tank lorries of 12 Kl capacity

Minimum 4 tank lorries

Minimum 4 tank lorries should be of 12 kl. Capacity either in owned or attached category .

Note- *Total 40 tank lorries offered can also be owned by the Applicant.

2. Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on a notified date.

3. Price bid includes offer of rates for different locations as detailed in Notice

Inviting Tender (NIT). Tenderers should quote rates for all the above locations.

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4. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be done location wise based on minimum financial outgo (cash out flow ) to BPCL by considering the rates quoted for each location and expected volume of business in each of the location.

5. Location wise, tenderers will be listed in ascending order as per their ranking.

Tenderer with minimum financial outgo to BPCL will be ranked L-1 for the subject location. Tenderer with the next lowest financial outgo will be ranked L-2 and so on.

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

7. BPCL may decide, at its sole discretion to distribute the quantities amongst the technically and commercially acceptable vendors. In such a situation, the following distribution pattern will be adhered to:

a) Where the quantity is equal to or more than 1000 KL per annum the job will be allocated among three tenderers and the percentage allocation among them would be L1:70%, L2:20% & L3:10%.

Or

b) Where the quantity is more than 500 KL and less than 1000 KL per annum the job will be allocated among two tenderers and the percentage allocation among them would be L1:80%, L2:20%

Or

c) Where the quantity is less than 500 KL per annum the job will be allocated only to L1 tenderer/s.

8. The locations having quantity requirement of equal or more than 1000 KL per annum, there would be maximum three (3) transporters. For location having quantity requirement more than 500 KL per annum and less than 1000 KL per annum then there would be maximum two (2) transporters. In an event when the number of tenderers exceed the minimum numbers specfied above, the job will be distributed equally amongst such L1 tenderers.

9. If required, the negotiations/counter offer exercise will be carried out with L1 tenderers and the revised rates accepted by them during negotiations/ counter offers will be finalized as L1 rate of the concerned location. The finalized L1 rate will also be offered to other tenderers in ascending order of L2, L3 etc till our requirements as specified in Para 8 above are met and L2,L3 rates will be finalized accordingly.

10. At a particular ranking, tank-lorries offered by technically qualified SC/ ST tenderers shall have preference as per Govt. of India directives.

C. EARNEST MONEY DEPOSIT (EMD):

1. Tenders not accompanied by EMD of Rs. One Lakhs (Rs.1,00,000/-)

shall be rejected. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favor of “Bharat Petroleum Corporation Limited” and payable at Mumbai. A photocopy of DD Receipt towards purchase of

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tender documents should be enclosed in Technical Bid envelope „A‟. Those tenderers, who have downloaded the tender documents from website, should enclose DD (Non-refundable) of Rs. Five thousand (Rs.5,000) per set drawn on any scheduled bank payable at Mumbai in favor of BPCL. Tender documents, downloaded from website, and not submitted along with a DD of Rs. Five thousand (Rs.5000), 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. Interest is not payable on EMD. 4. EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer

and / or refuses to accept the LOI/ Work Order after acceptance of BPCL‟s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to position any or all offered tank-lorry/s within one month after the issuance of Letter of Intent/award of contract.

5. EMD would be refunded only after finalization of the tender. While

claiming refund, the original Receipt issued by the BPCL must be surrendered. In case the Receipt is lost/ misplaced, an Indemnity Bond in specified proforma supplied by the BPCL is to be submitted on non-judicial stamp paper of appropriate value (at tenderer‟s cost), duly notarized.

D. NEGOTIATIONS:

1. BPCL reserves the right to negotiate with any or all the tenderers. 2. Tenderers may be required to remain present at the venue advised for

negotiations/ verification of documents, entirely at their own cost. 3. Only the proprietor of the firm or the legally authorized representative of the firm

may personally attend such negotiations, 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.

4. Originals of the documents submitted as copies along with the tender

documents, as well as documentation to substantiate statements made in the tender document are to be produced for verification by BPCL during negotiations or at any other time at the discretion of BPCL.

E. SECURITY DEPOSIT (SD):

1. Successful tenderers will be required to furnish SD within fifteen (15) days of

issuance of LOI/ Work Order at the following rates:

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The security deposit will be Rs. Fifteen Lakhs (Rs.15,00,000/-) only.

Minimum of Rs.Two Lakhs (Rs.2,00,000/-) shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favor of Bharat Petroleum Corporation Ltd. and balance amount shall be deposited in the form of Bank Guarantee drawn on any Scheduled Bank strictly in the specified Proforma, valid for six months after the expiry of the contract i.e. upto 31st October,2012.

2. Adjustment of EMD towards SD is permissible for the portion of SD payable by DD. Receipts for SD paid by DD will be issued by BPCL.

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 will be recovered from payments due to the Carrier and balance amount if any, will be recovered from SD or payments due to the Carrier under any other contract with BPCL.

5. Security deposit would be refunded after six (6) months of completion of the

contract on written request from the Carrier and after surrender of the original receipt provided that there are no pending claims by BPCL. In the event of loss/ misplacement of the receipt of the SD, the refund would be made only after the Carrier furnishes an Indemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriate value (at Carrier‟s cost), duly notarized.

6. Successful tenderer will be entrusted with transportation work only after signing

of Agreement and payment of Security Deposit amount. F. CONTRACT PERIOD:

Unless otherwise specified or agreed to, the contract is awarded for One (1) year

with option for extension up to One (1) more year at the sole discretion of BPCL at the same rates, terms and conditions as in the original contract.

G. EXECUTION OF AGREEMENT: 1. Successful tender/s will be required, before undertaking the contract, to execute

the Agreement, within fifteen (15) days of the date of issue of the LOI and should physically place the tank-lorries as per BPCL‟s requirement at the location within such time. In case of failure, BPCL will have the right withdraw the LOI issued to such tenderer.

2. Tenderers are advised to carefully scrutinize the specimen set of Agreement

Forms enclosed along with tender documents/downloaded from our website before submitting their tender. One set should be submitted with the tender, duly signed by the tenderer on all pages over the official seal, in token of acceptance of the terms and conditions thereof, and other set be retained with the tenderer.

3. When the person signing the tender is not the authorized signatory, necessary

power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm

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should be produced before signing the agreement, and an authenticated copy of the power of Attorney should be submitted for the record of BPCL.

4. Failure to execute the agreement and/ or furnish required Security Deposit and

placement of tank lorries within fifteen (15) 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 correspondence shall form part of the contract.

H. RESERVATION:

(a) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all India basis.

(b) The members of SC/ ST desirous of offering the tank-lorries will have to participate in the tenders floated by BPCL.

(c) The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards.

(d) If adequate number of tank-lorries offered by SC/ ST tenderers is not available in any particular year, the unfilled quota may be allotted to the unreserved categories in that year. However the unfilled quota may be carried forward to the next Tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories.

(e) The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all the partners or members of private / public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be.

(f) Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be enclosed as proof along with the Technical bid.

(g) In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender.

(h) The registered owner/s of the tank-lorries offered by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of the tank-lorries offered against the particular LOI/ Work Order must also belong to SC.

(i) If any of the tank-lorries offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category.

I. OTHER TERMS:

1. Tank-lorries provided for transportation of bulk lubricant/base oils should

preferably be covered by National Permit/ Zonal Permit at Carrier(s) cost.

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The Carrier‟s shall have to provide specified number of tank-lorries for operation within the state.

2. Where the loading/ unloading locations are situated within the same State

and Sections where axle load restrictions are imposed, they shall supply tank-lorries meeting axle load restrictions.

3. BPCL reserves the right to reject the tender of any or all the tenderers

without assigning any reason whatsoever at its absolute discretion. BPCL reserves the rights to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

4. The tank-lorries offered should comply at all times with valid permits, rules

and regulations of Statutory/ Government authorities.

5. Wherever the word tank-lorry or tank-lorries has been mentioned, the same applies to Petroleum Product tank-lorries.

6. No unsolicited correspondence/ queries will be entertained while the award

of the transport contract is under review/ consideration. BPCL regret their inability to answer individual queries.

7. 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 transportation contract and reserves all rights and remedies available.

8. Each page of the tender document including notice inviting tender enclosed along with the tender document must be signed by the legally authorized representative of the tenderer, with the official seal, for having fully read and understood the terms and conditions of this tender.

9. 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.

J. 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.

Signed in acceptance of the aforesaid tender conditions. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________ ***********************

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BHARAT PETROLEUM CORPORATION LTD.

TENDER FOR ROAD TRANSPORTATION OF BULK LUBES/BASE OIL TENDER NO. BPC /WR/ BULK LUBES / 2010 – 2012.

GUIDELINES FOR TENDERERS

1. GENERAL:

1.1 This tender is for road transportation of bulk petroleum products like Base Oil/ Bulk Lubricant oils etc. from Bulk Oil Storage & handling locations/ Installations/ TOP/ Depots like Wadilube/Taloja/Sewree etc within state of Maharashtra to various depots/locations all over India. The tender documents are issued in two (2) sets; one (1) set duly filled is to be submitted and other set duly filled to be retained by the tenderer.

1.2 Each page of the tender document is to be signed by the legally authorized representative of the tenderer, with the official seal.

1.3 If additional sheets are required, photocopies may be used and pasted accordingly. The number of such extra pages used should be indicated in the Covering letter (ref item 2.1 hereafter).

1.4 All entries are to be made in ink. No over-writing/ whitening/ erasing out is permitted. All corrections are to be made by scoring out incorrect entries, and such corrections are to be signed by the legally authorized representative of the tenderer, with the official seal. Tenders deficient in this respect are liable to be rejected.

1.5 For any further clarification, concerned officials (as given below) at BPCL

Wadilube Plant which is the tender document issuing office may be contacted.

i) Mr. M.Sridhar, Manager Logistics, Wadilube plant ii) Mr. Sandeep Samarthi, Dy. Mgr. Operations, Wadilube plant iii) Mr.K.R.Muralidhara, Sr.Mgr.Tpt-SCM(Lubes),Sewree For tender condition clarification a pre-bid meet will be conducted at BPCL Wadilube plant at 11.00 am on 08.01.2010.

1.6 Copies of Registration Certificate, Certificate of Fitness, Calibration

certificate etc, enclosed along with Tender Form, shall be attested by a Gazetted Officer.

1.7 This tender is in two (2) bid system, comprising of Technical Bid and Price Bid.

1.8 The tender document shall be obtained by the party in its own name as the tender document is not transferable. The tender documents will be supplied only against specific written request from the party.

1.9 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. (i) COUNTER TERMS AND CONDITIONS WILL NOT BE

ACCEPTED. (ii) OVERWRITING WILL NOT BE ACCEPTED

2.0 Tender terms and conditions mentioned in the tender should be carefully studied.

All the pages of the tender document including Draft Agreement form, Draft bank

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guarantee, terms & conditions should be signed and rubber stamped as a token of acceptance of the terms and conditions therein and one complete set submitted to us. The other set is to be retained by the Tenderer for his/her reference/record.

2. TECHNICAL BID:

2.1 Covering letter listing all enclosures. 2.2 Particulars of tenderer (Attachment-1). 2.3 Particulars of tank-lorry/s offered (Attachment-2). 2.4 Details of the relationship with Directors of BPCL and Declarations „I‟, „II‟ and „III‟

(Attachment-3). 2.5 Attested copies of caste certificate (wherever applicable) (Attachment-4). 2.6 Enclose EMD Demand Draft, which should be drawn on a scheduled Bank

payable at Mumbai. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender will be rejected.

2.7 Attested acknowledged copy of PAN card and Ward/Circle/District where assessed to Income Tax.

2.8 Experience letter(s) from contracting company on their letterhead for transportation of Bulk petroleum products along with attested copy of contract/LOI

2.9 Attested copy of previous three (3) years i.e. 08-09, 07-08, 06-07 audited annual report having total turnover equal to or more than Rs Fifty (50) Lakhs.

2.10 Attested copies of Trading License or Company Registration Certificate. 2.11 Attested copies of Partnership Deed or Certificate of Incorporation. 2.12 Attested copies of valid Registration Certificate, Insurance Policy and Calibration

Certificate for each of the tank-lorries offered. 2.13 Bulk Lubricants/Base Oils Road Transportation Agreement (Attachment-5). 2.14 Bank Guarantee for Security Deposit (Attachment-6). 2.15 Power of Attorney (Attachment-7). 2.16 Undertaking for the tank-lorries offered (Attachment-8). 2.17 Enclose DD of Rs. Five thousand (5,000) for tender documents downloaded from

website or photocopy of the cash receipt for payment for purchase of tender document. The DD should be drawn on a scheduled Bank payable at Mumbai . If it is found that DD is dishonored due to technical or any other reason, the tender will be rejected.

All the documents of the Technical bid are to be submitted separately in the envelope marked „A‟. The envelope is to be closed and sealed by gum/ adhesive.

3. PRICE BID:

The tenderer shall quote rates for all the locations listed in Price Bid Format A &

B. Not quoting to any one of the locations as per the above Price Bid Formats

shall result in disqualification of the tender. All documents of the price bid/ rate

schedule are to be submitted in the envelope marked „B‟. The envelope is to be closed

and sealed by gum/ adhesive.

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IMPORTANT:

a) Tenderers should not put price bid/ rate schedule document in the

envelope marked „A‟ containing Technical bid. In case Price Bid is received with the technical bid, such tenders will be rejected.

b) The tenderer must quote rates for all the locations listed in Price Bid

Formats A & B. Not quoting against any one or more locations as per the Price Bid Formats shall result in disqualification of the tenderer

One Way rates for locations listed for normal tank lorries in Part

A. One Way rates for locations listed for Epicoated tank lorries in

Part B.

c) Both envelopes „A‟ and „B‟ should be sealed separately and are to be placed in envelope „C‟ which should be closed and sealed by gum/ adhesive and put in the designated Tender box before the closing time and date at Wadilube Plant.

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TENDER FORM (Technical Bid)

TENDERER‟S COVERING LETTER (2.1)

CATEGORY: SC/ST/GEN (Tick one)

FROM: M/s. _______________________ (Name and Address of the tenderer)

To: Bharat Petroleum Corporation Ltd, Wadilube

Dear Sir, Sub: TENDER FOR ROAD TRANSPORTATION OF BULK LUBRICANTS/BASE OILS EX-Greater Mumbai TENDER NO: BPC/WR/BULK LUBES/2010-2012.

With reference to your subject tender, we confirm having carefully read, studied and understood various terms and conditions specified in the tender documents, return them duly signed and stamped in token of our acceptance of the terms and conditions specified in the tender documents. We also submit our offer duly signed in sealed envelope as per details given here under: ENVELOPE „A‟ (TECHNICAL BID): (Strike Off which ever is not applicable). 1. Covering letter listing all enclosures. - Y/N 2. Particulars of Tenderer (Attachment-1). - Y/N 3. Particulars of T/L‟s offered (Attachment-2). - Y/N 4. Details of relationship with Directors of BPCL & Declaration „I‟ „II‟ and „III‟ (Attachment-3). - Y/N 5. Caste certificate (wherever applicable) issued by Competent Authority as per format (Attachment-4). - Y/N 6. DD for EMD drawn on a scheduled Bank payable at the location receiving the Tender. - Y/N 7. Attested acknowledged copy of PAN card and Ward/Circle/District where assessed to Income Tax. - Y/N 8. Experience letter from contracting company on their letterhead - Y/N

for transportation of Bulk petroleum products & attested copy of contract/LOI

9. Attested copy of previous 3 years audited annual report having - Y/N total turnover equal to more than rupees Fifty (50) Lakhs

10. Attested copies of Trading license or Company Registration Certificate. - Y/N 11. Attested copies of Partnership Deed or Certificate Of Incorporation. - Y/N - Y/N 12. Attested copies of valid Registration Certificate and Calibration Certificate for each of the tank-lorry offered. - Y/N 13. Attachment-5 i.e. specimen copy of Bulk Petroleum Products Road Transport Agreement duly filled, signed and stamped - Y/N

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14. Attachment-6 i.e. specimen copy of Bank Guarantee for Security Deposit duly filled, signed and stamped. - Y/N 15. Power of Attorney (Attachment-7). - Y/N 16. Undertaking for the tank-lorries offered (Attachment-8). - Y/N 17. DD for tender document downloaded from website drawn on a Scheduled Bank payable at the location receiving the tender or photocopy of the cash receipt for payment for purchase of Tender document. - Y/N

ENVELOPE „B‟ (PRICE BID): Price Bid - Y/N 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 enclosure no. __________

Thanking you, Yours Faithfully,

Date: Signature__________________ Name of Person signing__________________ Tenderer's Name and address with seal___________________

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(2.2) Attachment-1

(Technical Bid) PARTICULARS OF TENDERER

Sr. No.

Description To be Filled by Applicant

1 Name of the tenderer

2a Registered office address of the tenderer

2b Address for correspondence

3 Phone Nos

4 Fax Nos

5 Mobile Nos

6 E-mail address

7 Status of the tenderer (Individual, Prop. firm, Partnership, Ltd. Company, Co-operative Society, Other)

8 Registration No

9 Year of establishment

10 Permanent Account No. (PAN issued by Income Tax Dept.)

11

Whether tenderer/ Prop./ any of the Partners/ Directors are related (as defined under Companies Act 1956) to any of Directors of BPCL to which tender is being submitted. If so, name of Director of BPCL & nature of relationship.

12

Whether the Tenderer is existing dealer/ distributor/transporter of BPCL/KRL/IOCL/HPCL then give details along with code allotted

13 We confirm that neither tenderer nor any tank-lorry offered is blacklisted by BPCL/KRL/IOCL/HPCL/IBP.

14

We confirm that neither tenderer nor any TANK LORRY offered are involved in any litigation, which would render the performance of any obligation impossible in case, the contract is awarded to us

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15 Name of Bankers & Branch with full address:

16 Type of Account & A/C. No.

17 Names (s) of Person(s) Operating the

bank account

18

Furnish Power of Attorney / Board Resolution authorizing the Undersigned to represent the Firm and sign and commit on behalf of the firm.

19

No. of tank tank lorries offered under this tender – furnish details (MINIMUM Twenty (20) TANKLORRIES SHOULD BE OWNED BY TENDERER AND Twenty (20) CAN BE ATTACHED TANKLORRIES)

Owned by Tenderer

Attached

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Whether applying under SC/ ST category. Please indicate YES or NO (If YES, then Certificate from competent authority supporting their claim to be submitted as per Attachment 4)

YES / NO

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Attach copies of previous three (3) years‟ i.e. 08-09, 07-08, 06-07 audited Annual report of the firm.

We confirm that rates offered by us will remain valid for acceptance by you up to Two Hundred and forty (240) days from the opening date of the Price Bid. I / WE do hereby certify that the information as provided above is correct and true in all respects. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

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(2.3) Attachment -2 (Technical Bid)

PARTICULARS OF TANK LORRIES OFFERED FOR TRANSPORTATION OF LUBRICANTS/BASE OIL

Part A : Details of tank lorries owned by the tenderers

Sr. No.

RTO Registration No.

Make & Model

Engine No.

Chassis No.

Capacity In KL

Owned by Firm/Partner/Director/Proprietor

Name of Owner

Part B : Details of tank lorries Attached by the tenderer:

Sr. No.

RTO Registration No.

Make & Model

Engine No.

Chassis No.

Capacity In KL

Owned by Firm/Partner/Director/Proprietor

Name of Owner

Age of tank-lorry offered should not exceed eight (8) years during the contractual period. The tank-lorries attaining the age of eight (8) years shall be removed from the contract and replacement with another TANK LORRY having age less than eight (8) years will be the responsibility of the concerned transport Carrier.

Date: Signature___________________ Name of Person signing__________________ Tenderer's Name and address with seal_________________

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(2.4) Attachment-3 (Technical Bid)

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 Proprietor PART – A Partnership Firm PART – B Company Private / Public / Co- operative Society. PART -- C

PART – A (Applicable where Tenderer is Sole Proprietor)

1. Name: 2. Address: 3. State whether tenderer is related to any of the Director(s) of BPCL: YES/ NO 4. If „YES „to 3, State the name(s) of BPCL Director(s) and Tenderer‟s relationship

with him / her. Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

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

1. Name of the partnership firm responding to the tender: 2. Address: 3. Names of partners: 4. State whether any of the partner of the tenderer is a Director of BPCL:

Yes/No 5. If „Yes‟ to (4) state the name(s) of the BPCL Director(s). 6. State whether any of the partner of the tenderer is related to any of the

Director(s) of BPCL: Yes/No 7 If „Yes‟ to (6) state the name(s) of BPCL Director(s) & the concerned partner‟s (of

the tenderer) relationship with him/ her. Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

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PART – C (Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative

Society)

1. Name of the Company/ Co-operative Society 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(s). 7. State whether any of the Director of the Tenderer Company is related to any of

the Director(s) of BPCL: Yes/No 8. If „Yes‟ to (7) state the name(s) of BPCL Director(s) & the concerned Director‟s (of

the tenderer Co.) relationship with him/her.

Strike out whichever is not applicable. Date: Signature___________________ Name of Person signing__________________ Tenderer's Name and address with seal__________________

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DECLARATION „I‟

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

Agreement.

Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________

DECLARATION „II‟ We declare that we do not have any employee who is related to any officer of BPCL. And its subsidiaries.

OR We have the following employees working with us who are relatives of the officers of BPCL and its subsidiaries. Name of the Employee Name and Designation of of the Carrier the Officer of BPCL/ IOC/ HPC / IBP/NRL/Central/ State Government and relation. 1. ________________________________________________ 2. ________________________________________________ Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

DECLARATION „III‟ The Tenderer is required to state whether he/ she is a relative of any Director of BPCL or the tenderer is a firm in which Director of BPCL 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 BPCL is member or Director, (the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of BPCL and its subsidiaries, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of BPCL and its subsidiaries. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________

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LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The one is related to the other in the manner indicated below.

1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son‟s Wife 5. Daughter (including Step Daughter) 6. Father‟s Father 7. Father‟s Mother 8. Mother‟s Mother 9. Mother‟s Father 10. Son‟s Son 11. Son‟s Son‟s Wife 12. Son‟s Daughter 13. Son‟s Daughter‟s Husband 14. Daughter‟s Husband 15. Daughter‟s Son 16. Daughter‟s Son‟s Wife 17. Daughter‟s Daughter 18. Daughter‟s Daughter‟s Husband 19. Brother (including Step Brother) 20. Brother‟s Wife 21. Sister (including Step Sister) 22. Sister‟s Husband

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

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(2.5) Attachment-4

(Technical Bid)

SC/ST CERTIFICATE

A tenderer who claims to belong to one of the Scheduled Castes / Scheduled

tribes should submit in support of his claim a certificate issued within one year preceding the date of the tender opening for the Bulk Petroleum Products transportation contract, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-Divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer himself ordinarily resides otherwise than for the purpose of his own education.

The enclosed format is to be used for the purpose.

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Annexure to Attachment - 4

Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his/her claim.

FORM OF CASTE CERTIFICATE

1. This is to certify that Shri / Smt / Kumari* son /daughter* of ……………………….of

village / town* …………………in district / division*………………………of the State / Union Territory*………………… belongs to the ……………..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951

(As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, the State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.)

@The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978

2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt*…………………………….father / mother of Shri / Smt / Kumari*………………………………in District / Division……………………….of the State / Union Territory*………………………………who belong to the …………………….. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*……………………..issued by the ………………………………….. (Name of prescribed authority) vide their no. …………….dated…………………..

3. Shri / Smt /Kumari*……………………….and/or his / her* family ordinarily reside(s) in village / town………………… of………………………..District / Division of the State / Union territory of…………………………………..

Signature……………………… Place………………………State/Union Territory Date……………………… Designation…………………...

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(With seal of Office) * Please delete the words, which are not applicable. @ Please quote specific Presidential Order. 2/ 3 Delete the paragraph, which is not applicable. Note: The term „ordinarily reside(s)‟ used here will have the same meaning as in

Section 20 of the Representation of the Peoples Act, 1950. List of authorities empowered to issue Scheduled Caste/ Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector/Deputy

Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1st Class Stipendiary Magistrate).

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3. Revenue Officers not below the rank of Tehsildar. 4. Sub-Divisional Officer of the area where the candidate and/or his family normally

resides. 5. Administrator/Secretary to Administrator/Development Officer (Lakshadweep

Islands).

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(2.13) Attachment-5 Technical Bid

BULK PETROLEM PRODUCTS ROAD TRANSPORT AGREEMENT

THIS AGREEMENT made ______________ day of ________ 2010 between 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 CARRIER” or Carrier (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 BPCL is engaged in refining Crude oil and storing, distributing and selling of the petroleum products and for this purpose require tank-lorries for Road transportation of bulk petroleum products from their various storage points to customers / other storage points. WHEREAS the Carrier is engaged in the business of operating tank-lorries and is interested in above transportation job of the BPCL. Now therefore, it is agreed between the parties as follows: - 1. The Carrier will provide the BPCL with _____ no. of tank-lorries for transporting

petroleum products as per LOI / Work Order issued by BPCL. Carrier has certified that it is the owner and / or sufficiently entitled to operate these tank-lorries throughout the Agreement period and these tank-lorries are not under Agreement with any other party.

a) The Carriers shall transport Lube Oils/Base Oils in Tank Lorries having

payload of not less than 10 kl. and having valid permits /licenses owned / attached to them.

b) The vehicles will be maintained by the Carriers in sound mechanical conditions at all times & the vehicle will have adequate staff provided by the Carriers for efficient operation. The tank lorries should be properly calibrated/stamped under the Weights and Measures Act and any charges/expenses in respect thereof will be borne by the Carriers. The Carriers will ensure that all vehicles used for the BPCL‟s work will always hold valid certificates from the Weights and Measures authorities. The tank lorries will be calibrated/re-calibrated as required under the relevant laws/rules/regulations as applicable from time to time. All calibration charges‟ shall be borne by the Carrier.

c) The tank lorries should have provision for sealing with bullet type seals at all top dome covers , Master valve box and discharge points to guard against any malpractices .

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d) Each vehicle will be equipped with standard rubber hose pipe with necessary fittings for unloading and dip rods duly stamped and certified by weights and measures Inspectors of that area.

e) The Carrier shall immediately provide the registration number and duly attested Xerox copy of RC books and all other particulars of ownership in respect of the lorries of the Carriers which will be operated for the purpose of BPCL under agreement and shall not undertake any change in respect thereof without obtaining prior written consent from BPCL.

f) Carriers shall ensure that the lorries provided for the transportation of bulk Lubricants and Base Oils shall conform to the rules regarding transportation of the Petroleum Products and the provisions of Petroleum Act, 1976 or any amendment or re-enactment thereof from time to time and the rules and orders framed there under.

g) Only sound lorries which are in efficient working conditions and conforming to Motor Vehicles Act (including the crew if required under the act) as applicable from time to time shall be deployed by the Carriers for Bulk oils transportation.

h) The Carrier(s) shall arrange for painting of tank lorries with BPCL product(s) name(s) as per color scheme/literature/details provided by BPCL from time to time at their own cost.

2 It will be the Carriers responsibility to: i) provide BPCL with sufficient specified number of tank lorries within twenty

four (24) hours on demand to transport and deliver on behalf of BPCL the Bulk Lubricants /Base Oils as directed by BPCL from dispatching location.

ii) Ensure the safe and correct delivery of products to the consignee/location specified.

iii) Ensure that product is delivered at destination in the same condition as to quality and quantity as and when the Carriers take delivery from dispatching location and that there is no substitution of product when it is in the Carriers‟ custody. Any infringement of the above will be deemed as unlawful and BPCL will hold the Carriers legally responsible for the same. Additionally, BPCL also reserves the right in such an event, to forthwith terminate the contract and/or to impose such penalties on the Carriers as BPCL may deem fit.

iv) The Carrier shall be responsible for quantity and quality of the products received by him for transportation. Acknowledgement by any member of Crew of the tank lorry or by any other authorized person of the Carrier by way of signing on the Invoice or Challan or any other Dispatch Document would be sufficient proof of acceptance of product quantity and quality by the Carrier.

v) If any shortage in quantity and /or variation in quality of product are found at any stage after tank lorry leaves the Dispatch Location up to the Receiving location/Customer and unloading of the product, the Carrier would be responsible for the same irrespective of reason. BPCL would be entitled to recover from the carrier an amount as specified in Para 18(c) (i) of this agreement and other incidental outgoings suffered by BPCL. The same will be deducted from their bills.

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vi) BPCL does not take any responsibility to keep the Carriers lorries, loaded with product in its premises if the lorries arrive at BPCL Location beyond the regular working hours and on holidays.

vii) Loading of Bulk Lubricants/ Base Oils will be done by the Carriers strictly in accordance with the instructions given to the Carriers by BPCL‟s representative. The Carriers will be responsible for the filling and discharging of tank lorries.

viii) Only the staff attached to the contracted vehicles or representatives nominated by the Carriers shall be allowed entry inside BPCL‟s premises.

ix) The Carriers shall use tank lorry movement e-tracking system of V-TRANS Pvt. Ltd. The Carriers shall be solely responsible for the safe custody of the products once these are handed over to them.

3. BPCL does not guarantee minimum mileage for each tank lorry per month nor do they guarantee the minimum number of lorries that will be utilized per month and no liability whatsoever shall be attached to BPCL account thereof.

4. Dispatching location like Wadilube Installation shall decide the schedule of

dispatches in such a manner as to ensure distribution of the transportation business amongst/between Carriers as per agreed/stipulated terms.

5. Health Safety & Environment Carrier will ensure that tank-lorries listed in the LOI / Work Order are always: (a) Maintained in sound mechanical conditions and having all the fittings up to the

standards laid down by BPCL from time to time. (b) Meeting the following mandatory requirements of the BPCL:

i. tank-lorries are to be painted as per the style of painting attached and the specifications to be obtained from loading location, at the cost of Carrier.

ii. Additional declarations are made in Emergency Information Panel, color code band and logos and advertisement of the specified Brand names as directed by BPCL from time to time, etc is painted, at the cost of Carrier.

iii. All tank-lorries must be fitted with standard type retractable safety seat belts for both driver & cleaner.

iv. Bucket type adjustable seats should be provided for the drivers & cleaner v. Safety helmets/ safety shoes for crew members as specified by BPCL. vi. Insurance cover for Tank lorry crew (Rs. Five (5) Lakhs for accidental

death & Rs. Fifty thousand (50,000) for medical cover). vii. Training to PCVO drivers under Motor Vehicle Act & obtaining the

endorsement on the driving license would be the responsibility of Carrier. viii. The Tank lorry should meet the design of OISD RP 167/ Operations

manual checklist for safety manual which are available at loading location.

ix. At the time of enrolment and subsequently at periodic intervals, the transporter shall get the drivers‟ health checked at least for blood pressure, sugar & vision and a medical certificate is submitted to location.

x. No night driving and the distance covered in one day should not exceed three hundred (300) KMs only.

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BPCL reserves the right to take appropriate action as it deems fit if any of the above safety requirements is not complied by the transporter during the contract period.

(c) Conform to the statutory regulations like Indian Petroleum Act, Petroleum Rules,

Motor Vehicle Act etc. as applicable from time to time. (d) Properly calibrated / stamped under the Weights & Measures Act. These shall

be calibrated for single capacity up to maximum permitted under Motor Vehicles Act. BPCL would be entitled for insisting for calibration at BPCL's premises at the cost of Carrier.

(e) Have adequately trained Crew (driver and cleaner) for efficient operations. The driving license of the drivers should be endorsed for transportation of hazardous goods.

(f) Be equipped with sufficient number of rubber hoses having suitable couplings at both ends, bonding/ earthing with heavy-duty crocodile clips and dip-rods duly certified by Weights & Measures Department.

(g) tank-lorries should be clean and rust free and chambers are cleaned periodically. (h) The product during transit is to be Covered by Insurance Policy. 6(a) The tank-lorries listed in the LOI / Work Order will be made available to BPCL at

all times during the Agreement period at the loading location. (b) In case any of the tank-lorrie(s) is not made available by the Carrier on any day,

BPCL would be free to use the services of any other tank-lorry and recover the difference in transportation charges from the Carrier.

(c) Age of the tank-lorries offered should not exceed eight (8) Years during the contractual period. Carrier will ensure replacement with another tank-lorry having age of less than eight (8) Years in thirty (30) days. In case Carrier fails to provide replacement within thirty (30) days, BPCL will be free to engage any other tank-lorry.

(d) The Officials of BPCL would be entitled to inspect at any time, the tank-lorries

and/or the documents of the Carrier/its crew, which are liable to be carried under any statue/regulation or this agreement. Further, the Carrier shall submit to BPCL certified copies of the calibration certificate and their renewals for every tank-lorry.

7. The Carrier shall obtain an acknowledgement from authorized personnel of receiving location(s) on prescribed copy of the dispatch document. This acknowledgement copy should be submitted to the dispatching location within 15 days of product delivery.

8 Carrier will be responsible for all taxes, levies and other costs of running the

tank-lorries / transportation business, which shall also include- i) Salary, wages and other benefits and claims of Crew of tank-lorries and

all employees of the carrier; ii) Payment of road tax, insurance and any other fees like permit, route fee

etc., levied by statutory authorities; iii) Cost of fuel, lubricants, tyres, repair etc; iv) Calibration fees and other fee payable to Weights & Measures

Department; (v) Compensation or any other benefit payable to tank-lorry Crew and it‟s

other staff or third party under any statute or regulation both under regular working and arising from accident etc.

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9. a) The Carrier shall be totally responsible for delivering the correct quality and

quantity of the product as per invoice at the destination specified. The Carrier's/Transporter's driver should satisfy himself regarding the dips/temperature/weight and quality prior to the sealing of the tank lorry (ies). In the event of any loss of product recorded at the destination, the cost of such shortages will be debited and recovered either from the Carrier's bills, if any, with BPCL or shall be made good directly by the Carrier or will be adjusted against any deposit or other amounts payable to the Carrier, or against the Bank Guarantee submitted by the Carrier against Contract.

b) In case of the BULK products transported, the transit loss shall be computed by BPCL on the basis of net volume (dip and temperature) at the loading storage point minus the net volume (dip and temperature) at the receiving Storage Point as per standard practices. The decision of BPCL regarding the assessment/determination of the losses by volume (dip and temperature) shall be final and binding on the Carrier/Transporter.

c) Once the tank lorry leaves BPCL's loading storage point, it is the responsibility and accountability of the Carrier/Transporter to ensure that correct quantity/quality is delivered at destination.

d) If any adulteration/contamination is established, the adulterated/contaminated product will be disposed off at the BPCL‟s discretion. All expenses/losses and cost of adulterated/contaminated product in this connection as determined by BPCL will be recoverable from the transporter. No freight payment for such trips will be made to the transporter. In addition to the above, if deliberate attempt for adulteration/contamination is established, action will be taken by BPCL as per Industry Transport Discipline Guidelines.

e) The Carrier/Transporter shall make delivery in all instances within a reasonable time and will not permit his/their tank Lorries to be off the road for any unreasonable period and will not hold up deliveries for any cause. The Carrier/Transporter shall also be responsible for safe conduct of supplies in transit.

f) It is essential that the Carrier/Transporter gets the names, addresses, designations and signature of their authorized agents duly registered in advance with BPCL and the signature of such authorized representatives of the Carrier/Transporter shall be indicated on the requisition slip of BPCL based on the intimation given by the Carrier/Transporter to BPCL for loading of products at BPCL‟s Installation. Any change or variation in the new designation of such authorized representative should be intimated in advance to BPCL. (g) The loading of the tank lorry (ies) at the Installation or any other storage point and the unloading thereof will be the sole responsibility of the Carrier/Transporter even though the same is done with the help of BPCL and this provision will not in any way affect or modify the liability of the Carrier/Transporter under any other provision hereof.

10. (a) Any loss of the product, issued on the basis of the requisition slip signed by the

authorized representative of carrier/transporter will be at the entire risk, costs and

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expenses of the carrier/transporter only. If, however, through any mistake, inadvertence, lack of prudence or foresight of BPCL or its Installation or Depot, any loading of the product is undertaken in the tank lorry(ies) in the absence of such requisition slips signed by the authorized representative, or in respect of any irregularity there in, the same will not absolve the carrier from liability in respect of transportation of such products and all the provisions contained in this agreement shall also apply to such products so loaded in such tank lorries. Carrier shall keep BPCL indemnified in respect of above. In case, BPCL is made liable to pay any part of above cost, the same shall be recovered from the Carrier. BPCL shall not be obliged to contest any claim made upon it for payment.

(b) It is agreed that the tank-lorries covered by this Agreement shall operate at the sole risk of the Carrier. In no case, BPCL would be held responsible for any loss or damage done to / by the tank-lorry while on the BPCL's work or parked in their premises or anywhere else.

(c) Carrier shall make their own arrangement for parking of their vehicle overnight and / or during holidays.

(d) The Carrier shall comply with all statutory provisions relating to his trade / business / profession including his own employees or employees engaged by the Carrier and BPCL shall not be responsible for his omission or commission.

(e) The Carrier will have a comprehensive Insurance Policy from an established Insurance Company for each vehicle and keep such Policy in force at all times to cover all risk of whatever nature inclusive of any damage caused by the tank lorries to BPCL's property. The Carrier/Transporter will produce for the perusal of BPCL, the original Insurance Policy and proof of payment all Insurance premium and charges in respect thereof as and when demanded by BPCL.

Transit Insurance of the product will be taken by the carrier and it shall be at carrier‟s risk.

11. (a) BPCL will pay to the Carrier for the transportation work undertaken from the loading location and at the rates detailed in LOI / Work Order. This rate shall be valid for all roads and weather conditions and are calculated from loading location.

(b) The above rates are subject to escalation / de-escalation as per formula given in Schedule- A.

(c) (i) Octroi charges levied on the product would be reimbursed by BPCL against production of original receipts on a monthly basis.

(ii) Entry / Transit / Bridge / Toll (Pathkar) taxes paid by the Carrier for their tank-lorries while transporting petroleum products under this Contract would NOT be reimbursed by BPCL.

(d) The transport charges payable under this Agreement are based on shortest route approved by BPCL on one way distance basis

(e) The procedure for payment of transport bills and octroi charges prevalent in BPCL from time to time would be binding on the Carrier.

12. a) The Carrier/Transporter shall be responsible for the documents handed over for

the product to be transported. Transporter/carrier should ensure that the “Duplicate copy for Transporter” which is considered as “CENVAT copy” of the

STO/Invoice is handed over to BPCL‟s/Customer representative at the Receiving Location. In the event of this copy being misplaced/lost in transit, the transporter will submit an affidavit stating the loss of CENVAT document. The affidavit will also include an undertaking for owning responsibility for submitting

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the document if found at a later date and repaying back an amount equivalent to CENVAT credit in case BPCL suffers financial loss on account of this. The amount in lieu of CENVAT credit, if required, will be recovered from the pending bills of the transporter or other amounts payable to the transporter or against Bank Guarantee furnished by the transporter against the contract. b) The Carrier would provide consignment notes for each consignment loaded on a daily basis to the loading location. Also the Carrier would provide transportation bill to the base location for each of the consignment carried during the month, by 10th of the following month. c) BPCL would periodically review the performance of the Transporter/its crew on operational as well as the health, Safety & environment aspects. If the performance is not satisfactory then BPCL would have the right to take appropriate action.

13. ADHOC CONTRACTS/ PERFORMANCE OF THE CARRIER a) If at any time during currency of this agreement the Carriers fails to provide

the tank lorry within twenty four (24) hours on demand/intimation or transport the product as provided herein and / or fails to perform the various other obligations specified in this agreement, BPCL may in its discretion and without prejudice to its other rights and remedies engage the services of other Agencies to perform the obligations and transport the products and in such an event the additional expenses incurred by BPCL in this connection shall be debited to the Carrier.

b) BPCL reserves the right to impose a penalty on the Carrier(s) at the rate of

Rs. Five hundred (500) per day of non-placement of Tank lorry beyond twenty four (24) hours from the call up time for the destination subject to maximum defaulting period of five (5) days for each trip loss and such penalties shall be recovered from the Carrier(s) bills unless satisfactory explanation is given by the Carrier(s) in writing, for the delay.

c) Performance, with regard to placement of Tank lorries as per terms and

conditions of the tender, will be evaluated on a month to month basis which should be above 90%, should there be a shortfall, BPCL will take action as deemed fit including termination of the contract.

14. DETENTION CHARGES

a) Detention charges of Rs five hundred (500) per day are payable for detention at loading/unloading points provided the detention is a result of BPCL‟s inability to load/unload the consignment within twenty four (24) hours of arrival of the tank lorry which means that the detention time commence only after the expiry of twenty four (24) hours of reporting the arrival of the tank lorry at the proper loading/unloading destination on a working day. The tank lorry should arrive on a working day at least three hours prior to the normal closing time of the unloading destination (1700 hrs. on week days & 1300 hrs. on Saturdays for BPC locations). Should the tank lorry reach the unloading destination on a Holiday/Sunday then the detention will be computed after twenty four (24) hours from the commencement of working hours on the first working day following the Holiday/Sunday. If the tank lorry reaches the destination storage point, at say 10.00 hours i.e. three hours before the closing time of, say 1300 hrs. on Saturday, the detention time will be computed from 10.00 hrs. of the next working

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day up to the time of release of the tank lorry. Tank Lorries reaching less than three hours before closing time on a working day will be considered as reporting on the following working day.

b) Detention charges at loading/unloading points shall be payable by BPCL to the Transporter as per agreed norms provided such detention details are properly endorsed, signed and stamped on the receipt documents. However, all efforts will be made by BPCL to avoid delays/detentions

15. CARRIER(S) EMPLOYEES (i) For the purpose of carrying out this job the Carrier(s) shall employ or

engage their own personnel. Persons so employed by the Carrier(s) shall not be deemed to be in employment of BHARAT PETROLEUM CORPORATION LIMITED and the supervision and control of such employees shall rest always with the Carrier(s).

(ii) The Carrier(s) shall undertake that no person working for them is a foreigner, shall enter into the premises declared by the Government of India as “Protected Places” including locations of BPCL or as advised. The Carrier(s) further undertake to strictly abide by the Defence of India Act and Rules.

(iii) If however, any claim is made by any employees of the Carrier(s) against BPCL for wages, Compensation or any sum or dues, the Carrier(s) agrees to indemnify BPCL of all such claims and to pay all the expenses which BPCL may incur in defending any proceedings pursuant to such claims.

(iv) Unauthorized driving of the Carrier(s) tank lorry by his employees/contractors/agents/representatives, who do not possess valid heavy vehicle driving licenses within or outside BPCL‟s premises while handling transportation for BPCL, shall not be permitted.

(v) The Carrier(s) and his employees/contractors/agents/representatives shall abide by the rules and regulations of Wadilube Installation/Other locations when they are within the BPCL‟s premises. All safety precautions as per BPCL‟s rules should be observed by the Carrier(s) and his / their employees/contractors/agents/representatives within Installation/Location premises.

(vi) The Carrier(s) will indemnify BPCL against the consequences arising out of their or their workmen‟s/servant‟s/agent‟s default or negligence or violation or non-adherence to Municipal/State/Central Acts relating to the carriage of goods.

(vii) Should BPCL be held liable for any loss, damage or compensation to third parties arising from or in relation to the transport operation under this agreement such loss, damage or compensation shall be reimbursed by the Carrier(s) to BPCL together with the cost incurred on any legal proceedings pertaining thereto.

(viii) The Carrier(s) shall observe and comply with the requirements of the Minimum Wages Act, the ESI Act and all other Industrial/Labor legislations for the time being in force or may later be brought into force governing the relationship between the employer and the employees and also undertake to hold BPCL indemnified against all claims, payments, losses that BPCL may have to make or suffer on account therefore.

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(ix) The Carrier(s) shall, whenever required by BPCL or Government official authorized under law, produce for inspection all forms, registers and other papers required to be maintained under the various statutes. The Carrier(s) will accept liability for payment of compensation in accordance with the provision of the Workmen‟s Compensation Act, 1923, read with ESI Act, 1948, or amendments thereafter for personal injury caused to any workmen by accident arising out of and in the course of his employment by the Carrier(s) in the discharge of the Carrier(s) obligations under the Agreement. The Carrier(s) will indemnify BPCL and keep indemnified from and against all payments by way of compensation or otherwise which BPCL may be called upon to make under the provisions of the said act to any such workmen as aforesaid and any expenses incurred by BPCL in-connection with any claim preferred by such workmen and/or against all actions, claims and demands whatsoever in respect thereof or in respect of any loss, injury or damage whatsoever to any third party, person caused by the Carrier(s) their workmen, servants and agents.

(x) The Carrier(s) shall not engage any child or bonded labour for handling his work in connection with this contract or contravene any of the Government rules and regulations in this regard.

(xi) The Carrier(s) should ensure that no person in the vehicle should smoke and no fire or other ingredients of ignition should be permitted in the vicinity of the vehicle. No other goods should be carried in the vehicle. The vehicle engaged for transportation of BPCL‟s goods shall not carry any persons and/or goods other than the crew along with the load containing BPCL‟s goods.

16 (a) The Carrier shall deposit a sum of Rs. Fifteen Lakhs (Rs.15,00,000/-) as

Security Deposit for due fulfillment of terms of this Agreement. This sum shall not bear any interest. Further, BPCL would accept bank guarantee of Rs.13.0 lakhs and balance amount of Rs.two lakhs (Rs.2,00,000/-) as DD. The BG shall be valid till six (6) months from the date of expiry of the Agreement.

(b) BPCL shall be entitled to adjust any sum due to it from the Security Deposit amount and / or any transport / other charges / dues pending for payment to the Carrier against any other contract. The decision of the BPCL will be final and binding on the Carrier.

17 (a) The Carriers will be responsible for loading and discharging of the tank-

lorries. All the instructions of BPCL with regard to the same would be binding on the Carrier.

(b) Only the Crew of the tank-lorry and authorized representative of the Carrier shall be allowed entry inside the BPCL‟s loading / unloading locations.

18 (a) The Carrier shall be responsible for quantity and quality of the products received

by him for transportation. Acknowledgement by any member of Crew of the tank-lorry or by any other authorized person of the Carrier by way of signing on the Challan or any other Dispatch Document would be sufficient proof of acceptance of product quantity and quality by the Carrier.

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(b) The Carrier will comply with and give full co-operation to BPCL in meeting the requirements of prevailing “Marketing Discipline Guidelines - 2005” as applicable to them.

(c) If any shortage in quantity and / or variation in quality of product is found at any stage after tank-lorry leaves the Despatch location up to Receiving location, the Carrier would be responsible for the same irrespective of reasons and BPCL would be entitled to recover losses as given below : –

(i) In case of quantity shortage in STO & Sales movements due to any

reason like accident, theft, robbery, hijacking of Tank lorry etc., recovery will be made for such short quantity at the following rate:

a) For Group I & Group II Base Oils:

Listed Sales Price including Duty + 20% of Listed sales price as Penal charges. b) For other Base Oils & Additives:

Assessable Value plus Excise Duty + 20% of this value (i.e. Assessable Value + Excise Duty) as Penal charges. c) For Semi finished bulk products (HALB): Dealer Billing Price (DBP) (i.e. Assessable Value + Excise Duty) + 20% of DBP as Penal charges.

(ii) In case of variation in quality, BPCL at its' discretion may dispose off the

contaminated product. All expenses / losses and cost of product in this connection as determined by BPCL shall be recovered from the Carrier.

Above would be in addition to and without prejudice to BPCL's right of

termination of this Agreement as per clause 24. 19. Carrier will be responsible for ensuring that:

(a) Rules and regulations of BPCL in force are followed by him, his staff and Crew of tank-lorry.

(b) All fittings in TANK LORRY should be ISI marked. Each TANK LORRY should carry one portable ISI marked 10 KGs DCP fire extinguisher in an easily accessible position away from the TANK LORRY unloading facilities and one portable 1 KG CO2 / DCP / Approved equivalent fire extinguisher in driver‟s cabin. BPCL may ask for additional fittings / equipments as per requirement.

(c) Each TANK LORRY should have double pole wiring system and should have security system arrangement as required by BPCL.

(d) Any security system (e.g.: locking system) decided by BPCL to guard against malpractices will be unconditionally accepted by Carrier. The modification / modifications of fittings if any on TANK LORRY would be undertaken at the workshops nominated by the BPCL, the cost of which will be borne by the Carrier. Carrier shall be responsible for safety / maintenance of such security systems.

(e) Tank-lorry delivers the product to the consignee specified. (f) The Crew has the correct delivery documents.

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(g) Tank-lorry follows the normal / approved route from loading location to receiving location.

(h) Average trip-time is maintained. (i) Signature of recipient is obtained on the delivery documents. (j) Wherever required by BPCL, collect Cheques / DD / bank-slips etc from

the recipient after ensuring that remittances are correctly drawn and deposit the same to the dispatch location.

20. In case any of the tank-lorries meets with an accident while it is loaded with

BPCL's product, the Carrier shall:

(a) Arrange conveying of information to dispatch storage points as also nearest police station;

(b) Guard the tank-lorry and product till arrival of rescue agencies; (c) Arrange another fit tank-lorry to salvage the product from Accident tank-

lorry; (d) Bring such transshipped / salvaged product to Dispatch Storage Point or

other location as directed by the BPCL at Carrier's cost. (e) Be responsible and liable for loss / claims as determined by BPCL

21(a) Carrier shall be responsible for any damage or loss caused to BPCL‟s product or property by negligence or default of its Crew, authorized representative or tank-lorry. This will also include confiscation of BPCL's product delivered to the Carriers by any statutory authorities.

(b)The Carrier should strictly adhere to the “BPCL Transport Discipline Guidelines” as enumerated in Annexure I to this Agreement.

22(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right,

title and interest under this Agreement for any reason whatsoever, or change the ownership of / their right on the tank-lorries.

(b) The Carrier shall not cause or allow any change in the constitution of its firm

without obtaining the previous written consent of BPCL. 23. Addition of new locations: During the currency of the contract, if the need arises

for a new station/location then following situations may arise:

1. The new location is within thirty (30) kms radius of already allotted station in the agreement and both the stations are within same State then it will be considered as movement to same place and no differential payment shall be applicable.

2. The new location and the nearest location are within the same State but beyond thirty (30) kms then the rates will be worked out on pro-rata basis and the transporter(s) to whom such station is already allotted will be liable to carryout the movement to new station at worked out pro-rate rates and upon written intimation from BPCL of such inclusion of new stations the scope of work of the transporter shall automatically be amended with such intimations and all the other terms and conditions of the contract shall be applicable to such new stations also.

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3. The new location and the nearest allotted station in the Agreement are in different States then rates will be established by calling quotations from all the existing transporters.

24 LOCAL CONTACT OFFICE

It is necessary that the Carrier(s) shall have a contact office at Mumbai and get the Photographs, names and addresses, designations and signatures of their authorized representatives duly registered in advance with BPCL.

25. The Carrier would be required to take fuel/Lubricants for the tank-lorries engaged by BPCL, at the Smart Fleet Retail Outlets of BPCL. For this the Carrier would have to enroll under CMS Fleet Card scheme for his fuelling requirements. A minimum of 25% of the billing amount from the Carrier‟s monthly transportation bill shall be deducted and the same shall be credited to his CMS Fleet Card account.

26. FORCE MAJEURE CLAUSE:

If at any time during the continuance of the Contract the performance in whole or part by either party of any obligation under the Contract shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance.

Dispatches under the Contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of Head Lubes SBU, Bharat Petroleum Corporation Ltd., as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate the Contract. Neither party to this Agreement shall be liable for the non-performance of any of its obligations under this Agreement so far as such non-performance is occasioned by conditions of the Force Majeure. Any proper definition of Force Majeure means natural calamities like floods, earthquake, riots and other acts of God, etc.

27. This Agreement would be valid for period of one (1) year from the effective date

as given in the LOI / Work Order with option at the discretion of the Corporation to extend it by one (1) more year. However, BPCL reserves the right to terminate this Agreement by giving fifteen (15) days advance notice without being liable to give any reason or pay any compensation.

Notwithstanding anything to the contrary contained hereinabove, BPCL reserves

the right to terminate this Agreement forthwith upon or at any time after happening of any of the following -

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(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes into liquidation whether voluntary or otherwise.

(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of its partners.

(c) If road permits or statutory licenses / permissions granted to Carrier / its tank-lorries by transport or any statutory authorities is cancelled or revoked.

(d) If any of the information submitted by the Carrier in the tender is found incorrect at any time.

(e) Breach of any of the terms or conditions of this Agreement by the Carrier. (f) If the Carrier commits or suffers to be committed any act which in the opinion of

BPCL whose decision shall be final, is prejudicial to the good name / image of BPCL or its‟ products or its services.

(g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision of BPCL will be final and binding on the Carrier.

(h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case, BPCL does not exercise this option, the Agreement shall continue as between BPCL and surviving / continuing partners of the Carrier. The legal representatives of the deceased partner or the retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date of death or retirement but shall not be entitled to claim from BPCL any portion of Security Deposit. BPCL shall account for Security Deposit to the surviving or continuing partners. The death or retirement of any partners shall be notified by the Carriers to BPCL in writing within twenty four (24) hours of such death or retirement.

(i) If the crew of the carrier commits any unsafe act such as rash driving, accident, non adherence to safety guidelines and not using safety/protective equipments etc. within or outside BPCL premises.

(j) If the Carrier, its proprietor or any partners or Tank lorry crew misbehaves (abuse/ threat/ assault/ manhandles) with the consumers/Dealers or with the employee of BPCL.

28. ARBITRATION CLAUSE:

a) Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Company against the contractor or regarding any right, liability, act omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Company or of some Officer of the Company who may be nominated by the Director (Marketing). The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Company or that he had dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Company he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an Officer of the Company if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person

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nominated by such Director (Marketing) or the Company as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification 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.

b) The award shall be made in writing and published by the Arbitrator within two

years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to hereinabove and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

c) The arbitrator shall have power to order and direct either of the parties to abide

by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

d) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the Agreement without seeking a formal reference of arbitration to the Director (Marketing) for such counter-claim, cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

e) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineer or other technical person to assist him, and to act by the opinion so taken.

f) The arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties.

g) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require on or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

h) The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only.

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29. The parties hereby agree that the court in city of Mumbai alone shall have jurisdiction to entertain any application or any award/s made by the Sole Arbitrator or other proceedings in respect of any thing arising under this Agreement.

30. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior Agreement of understandings between the parties, if any, there being no extraneous Agreements. This Agreement constitutes the entire understanding between the parties hereto and there are no promises or assurances, express or implied, written or verbal other than those contained in this Agreement. No alteration / variation of any of the terms of this Agreement shall be valid unless made with the consent of both the parties and evidenced in writing duly signed by authorized representatives of both the parties.

31. All notices and other communications to be given under this Agreement by either party to the other shall unless otherwise specifically agreed be given in writing by Registered Post or hand delivery against acknowledgement to the following addresses of the respective parties. HEAD (SCM) LUBES BPCL, Address of SCM Office ______________ ______________ Name of Carrier, Address, __________ __________ Signed and witnessed at ___________ on _________. For BPCL WITNESS 1. 2. M/s. _____________________ (Authorized Signatory) For CARRIERS WITNESS 1. 2. M/s. ________________________ (PROP. /PARTNER/DIRECTORS)

Self attested passport

size recent color

photograph of the

Carrier (Individual or

Authorized Signatories)

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(2.14) Attachment- 6 Technical Bid (On Non-Judicial Stamp Paper as prescribed in the respective State) BANK GUARANTEE 1. In consideration of Bharat Petroleum Corporation Limited having its registered

office at Bharat Bhavan, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001 (hereinafter called "BPCL" having agreed to exempt M/s. ____________________(Hereinafter called "the said Carrier(s)") from the demand under the terms and conditions of an Agreement dated ___________ made between _________________ BPCL______________ and the Carrier(s) ____________for (hereinafter called "the said Agreement") of the Security Deposit for the due fulfillment by the said Carrier(s) of the terms and conditions contained in the said Agreement on production of Bank Guarantee for Rs. _________ (Rupees ________________ only), We ____________________(name of Bank) (hereinafter referred to as "Bank") at the request of M/S _______________________ (Carrier(s) ) do hereby undertake to pay to BPCL an amount not exceeding Rs. ________ (Rupees _________________ only) against any loss or damage caused to or suffered or would be caused to or suffered by BPCL by reason of any breach by the said Carrier(s) of any of the terms and conditions contained in the said Agreement.

2. We ______________ (name of the Bank) do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from BPCL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by BPCL by reasons of breach by the said Carrier(s) of any of the terms and conditions contained in the said agreement or by reason of the Carrier‟s failure to perform the said Agreement. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _________________ (Rupees _________________ only).

3. We undertake to pay to BPCL any money so demanded notwithstanding any

dispute or disputes raised by the Carrier(s) in any suit or proceeding pending before any Court or Tribunal or Arbitrator relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability under this guarantee for payment there under and the Carrier(s) shall have no claim against us for making such payment.

4. We______________ (name of Bank) further agree that the guarantee herein

contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of BPCL under of by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BPCL certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Carrier(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or

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before _____________ we shall be discharged from all liabilities under this guarantee thereafter.

5. We _______________________ (name of Bank) further agree with the

________________ BPCL that BPCL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Carrier(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by BPCL against the said Carrier(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Carrier(s) or for any forbearance, act or omission on the part of BPCL or any indulgence by BPCL to the said Carrier(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provisions have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Carrier(s). 7. We ___________________ (name of the Bank) lastly undertake not to revoke

this guarantee during its currency except with the previous consent of BPCL in writing.

Dated ____________________ day of ____________ 2008. For __________________________ (Indicate name of the Bank)

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(2.15) Attachment – 7 Technical Bid

(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 of

transportation of petroleum products and also other relevant documents required by M/S __________________ Corporation Ltd. (hereinafter called BPCL) in respect thereof.

ii) To negotiate, enter into correspondence with BPCL and do all and everything

necessary suitable or proper with regard to the said tender for transportation of petroleum products.

iii) To sign, seal, execute, perfect and/or complete Transport Contract Agreement

and all and/or any other document, Indemnity Bond etc. Required by BPCL in connection with the said Transport Contract Agreement.

iv) To do all acts, deeds, as may be necessary for and incidental to the execution of

proper performance of the said transport contract agreement with 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 Transport Contract Agreement, the execution and proper performance thereof by virtue of these presents. This Power of Attorney shall remain irrevocable till the validity period of our quotation/Transport Contract Agreement / or refund of our Security Deposit whichever is later. In witness whereof, we have hereunto set and subscribed our hands at ____________ this _________ day of ____________ Two thousand two ______________. Signatures Signed, Sealed and delivered by 1) Shri___________________ the within named partners/ 2) Shri___________________ Directors of M/S _____________ 3) Shri___________________ Before me. Notary public (Notary's Stamp)

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(2.16) Attachment – 8 Technical Bid

UNDERTAKING We declare as under: 1. That the tank-lorries offered under contract to BPCL__________ Location has

not been withdrawn from any other contract with any other Oil Company or any other Location of BPCL.

2. That the tank-lorries under reference are not attached with any other Party/ Carrier/ Distributor and have not been withdrawn without their prior consent.

3. That the subject tank-lorries are not involved in any litigation other than routine cases of road accident or any violation of Motor Vehicles Act.

4. That we have not been blacklisted so far by IOC/ BPC/ HPC/ IBP. 5. We further confirm that the details as furnished by us have been verified and

found correct. We undertake to place the tank-lorries at the disposal of BPCL in case the contract is awarded in our favor. If any information is found to be incorrect, the contract if awarded to us shall be liable to be cancelled and we shall be liable to pay to BPCL such damages/ losses/ claims as BPCL may put to due to termination of the contract. We also undertake that should there be any action against BPCL resulting in damages of whatsoever nature to BPCL on account of award of contract in our favor on the basis of the misrepresentations, we shall keep BPCL completely indemnified against all the claims/ losses/ damages/ litigations/ court action etc.

Date: Signature__________________

Name of Person signing__________________ Tenderer's Name and address with seal___________________

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(AFFIDAVIT FOR ATTACHED LORRIES ON RS 20/- STAMP PAPER) I/We _____________________________S/o Shri _________________________________ resident of ____________________________________________ do hereby solemnly affirm and declare as under: 1. That I/We are the owners of tank lorry no. ____________________ bearing engine no. _________________ Chassis No.___________________ make ___________ and model ________________________. 2. THAT I/We have attached/shall keep attached the above mentioned tank lorry with M/s ___________________________________ till the validity of Transport Contract awarded by M/s Bharat Petroleum Corporation Limited in favor of M/s ____________________________. 3. THAT During the above period M/s ___________________________ alone shall have the rights of operating the said tank lorry and receiving consideration for such operation. DEPONENT (OWNER OF TANKLORRY)

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ANNEXURE I BPCL TRANSPORT DISCIPLINE GUIDELINES

I) TRANSPORT AGREEMENT:

A. Tank-lorry shall not be used for any product other than the designated petroleum

products. B. The Carrier will ensure that the name of the base location of BPCL is indicated in

block “D” of Emergency Information Panel. C. All cases of malpractice and adulteration shall be dealt in accordance with

Transport Discipline Guidelines and these guidelines shall form part of the Transport Agreement.

D. All the clauses of the Transport Agreement (applicable to Bulk Lubes Tank lorries) shall be adhered to.

II) FITNESS OF TANK LORRIES:

A. Carrier shall be responsible for providing tank-lorry fit in all respects to carry

petroleum products and transporting/ delivering the same in good condition, as per specifications, to the Dealers/ Consumers/ Receiving locations and shall be held accountable for any malpractice/ adulteration en route.

B. Tank-lorry shall be duly approved for its design/ fittings by Explosives Department. Transporter shall be responsible for ensuring that the status of the tank-lorry fittings is maintained in accordance with the licensing authority conditions at all times.

C. Tank-lorry without valid Explosives License/Calibration certificate will not be utilized, unless authorized by Explosives Department to use the tank-lorry pending renewal.

D. The original and a copy of the valid Explosives License/ Calibration certificate shall be submitted to the Loading Location. Original certificate shall be returned to the Carrier after verification.

III) CALIBRATION OF TANK LORRIES:

A. Carrier shall carry valid Calibration Certificates for tank-lorries issued by Weights

and Measure Department at all items. B. The original and a copy of the valid calibration certificate shall be submitted to

the loading location. Original certificate shall be returned to the Carrier after verification.

C. Tank-lorry shall be calibrated for single capacity in line with MV Act. D. Carrier to provide dip hole/Dip pipe in geometrical center of the compartment with

manhole fitting duly welded. E. Datum Plate height should not be more than 10 mm from the bottom plate and should be shown in the drawing. F. Carrier if found tampering with calibration of vehicle in any manner resulting in

malpractice and loss of product will be liable for recovery for the alleged losses from the date of last calibration. BPCL may also terminate the contract.

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IV) PRODUCT RECEIPT IN TANK LORRIES / MALPRACTICES AT RECEIVING

LOCATION:

In case of doubt as to the quality of the product following action shall be taken: 1. Inform Loading location.

2. Draw three (3) nos. of composite samples of 750 ml each in the presence of tank lorry crew. Prepare sample tags. Signing on the sample tags and sealing of the sample containers shall be done jointly by BPCL representative and tank lorry crew. One sample shall be retained by the BPCL representative, one sample to the tank lorry crew and one sample taken to the loading location.

3. The transport crew/representative & BPCL representative shall prepare a joint statement mentioning the compartment wise observed density, Challan density & the variation and shall sign the statement.

4. The tank lorry shall be returned to the Loading location at the carrier‟s cost as directed by BPCL.

5. On arrival of the tank lorry action in the presence of transporter/tank lorry crew shall be taken by the Loading location as under:

a) Collect the samples drawn at the Consumer‟s premises. b) Check dips/weight of tank lorry and subject tank lorry samples to visual check

and presence at water. c) Draw 3 nos. of samples in the presence of tank lorry crew. Prepare sample

tags. Signing on the sample tags and sealing of the sample containers shall be done jointly by the Loading location and tank lorry crew/transporter‟s representative. One sample shall be retained by the Loading location one sample handed over to the tank lorry crew/transporter‟s representative and one sample sent to the nearest Oil Company‟s laboratory for testing. (Repeating from sr no 2 above)

6. The tank-lorry, thereafter, shall be sealed again in the presence of the Carrier/ tank-lorry crew and parked for safe custody within the Loading Location.

7. On receipt of test results from the lab, transporter shall be suitably advised and action taken as outlined hereunder on actions for malpractices / adulteration.

V) All incidents of malpractices and adulteration are categorized as under:

A) MALPRACTICES

Malpractices will also cover any of the following:

a. Tampering with standard fittings of tank-lorry including the padlocks/bullet type

seals & pad lock/ bullets type seals fittings for pilferage of product/s. b. Diversion from specified route without valid reason. c. Exceeding trip time. d. Tank-lorry used for product other than petroleum product.

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i) Deliberate Attempt

a. In case the malpractice/ irregularity is punished under W & M Act, the Weights & Measures Dept. shall be advised and if need be, re-verification of calibration shall be arranged.

b. tank-lorry caught for having indulged in malpractices shall be immediately suspended by the location-in-charge. However, an investigation shall be conducted as per the laid down procedure of the BPCL. If the investigation confirms the malpractice then the tank Lorry shall be blacklisted.

c. On investigation, if it proved that the tank-lorry crew alone is responsible for the malpractice/irregularity, then that particular tank Lorry alone shall be blacklisted along with the tank-lorry crew. However, if the investigation reveals the complicity of the Carrier, then the whole contract comprising all the tank-lorries belonging to the concerned Carrier shall be cancelled and all tank-lorries black listed.

d. The period for blacklisting a tank-lorry shall be two (2) years. However, BPCL reserves the right whether to lift the ban on the concerned tank-lorry after the period of two (2) years is over. Depending upon the seriousness of the offence, the tank-lorry may be banned permanently.

e. A list of all such blacklisted/ banned tank-lorries showing their registration nos. along with their engine and chassis nos. shall be prepared and circulated to other Regions and Other Oil Companies so that tank-lorries banned by one location/ Oil Company are not engaged by other locations/ Oil Companies.

f Locations shall maintain records of all such blacklisted/ banned tank-lorries with all relevant details in a register and exchange this information with their counterparts in other Oil Companies periodically.

ii) Other Causes

In all cases of malpractices/ irregularities for pilferage of the product where it is difficult to establish deliberate attempt on the part of the Carrier/ tank-lorry crew, action stipulated under clause [V-A (i)] above shall be initiated except suspension/black listing of tank-lorry. However, Carrier shall be warned and asked to remove the tank-lorry crew.

B) Adulteration

In all cases of suspected adulteration of products in tank-lorry due to deliberate attempt by Carrier/ tank-lorry crew or due to other causes and their subsequent confirmation by the lab, action against the transporter shall be initiated as under: i) Deliberate attempt

a. Disposal of the contaminated product shall be as per advice from Quality Control

Department. b. Incidental expenses and any other expenses sustained by the concerned oil

company for disposal of the contaminated product shall also be recovered from the transporter.

c. No transportation charges shall be paid for the futile trip to the Dealer/ Consumer or Receiving Location as well as for the subsequent trip for delivering the adulterated/ contaminated product to the concerned oil company‟s nominated location for disposal of the product.

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d. Action against the Carrier for suspension/blacklisting of tank-lorry/s or termination of transport contract shall be initiated as stipulated under clause [V-A (i)].

ii. Other causes:

Action for disposal of the contaminated product and cost recoveries from the transporter thereof shall be the same as that under clause [V-A (i)]. However, in case of accidental contamination, decision for suspension/ blacklisting of the tank-lorry/s shall be based on the investigation report.

VI HEALTH SAFETY & ENVIRONMENT REQUIREMENTS

i. All rules / regulations and statutory requirements shall be strictly followed by the transporter and their work force i.e. drivers / cleaners at the work place and on the road while transporting petroleum goods. ii. Driver and cleaner shall wear safety belts while driving vehicle on the road. iii. No tank-lorry shall be plied by the driver without cleaner, either on the road or at

any work place. iv. The tank Lorry crew would not be permitted to enter the location premises

without use of the Personal protective equipment i.e. safety shoes, helmet, spectacles (wherever necessary).

v. Safety fittings, fitness conditions of vehicles to ply on road shall be checked by the crew of tank-lorries before start.

vi. Safety procedures for unloading and loading of vehicles at the supply location as well as at the receiving location shall be strictly adhered to.

vii. It shall be mandatory for all drivers to undergo refresher training course. viii. All drivers must have licenses duly endorsed by RTO certifying eligibility

for driving hazardous goods, and without above certification shall not drive any vehicle.

ix All drivers and cleaners must undergo periodic health check for Blood pressure, sugar & vision.

x. No driver shall drive the vehicle under ill health condition. VII PENALTIES:

The transporters would attract penalties for the undesirable actions as given below and all the incidences would be investigated appropriately by the BPCL.

i. For not wearing seat belts while driving on Road -- For first instance: A warning letter shall be issued to the Transporter.

-- For second time : The tank-lorry would not be used for one week. -- For third time : The tank-lorry would not be used for one month. -- For fourth time : The tank-lorry would be blacklisted.

ii. For driving vehicle without cleaner -- For first instance : A warning letter shall be issued to the Transporter.

-- For second time : The tank-lorry would not be used for one week. -- For third time : The tank-lorry would not be used for one month. -- For fourth time : The tank-lorry would be blacklisted.

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iii. For polluting environment due to product spillage from tilting or leaky vehicles on

road, in case of accident / unsafe driving

– The tank-lorry would not be used for one week after such incidence. iv. In case of accident involving injury or damages to the facilities at the work place

or accident involving injury during transportation on the road -- For first instance: The tank-lorry would not be used for one month. -- For second time: The tank-lorry would not be used for three months.

-- For third time : The tank-lorry would be blacklisted.

In case of damages to the facilities at the work place, the cost of the damages would be recovered from the transporters.

v. For fatal accident at the work place – The contract with the transporter shall be terminated. vi. For fatal accident on the road – First incident of the transporter: The concerned Tank lorry shall be suspended for 6 months. -- Second incident of the Transporter: The transportation contract shall be terminated.

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SCHEDULE -A FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN

TRANSPORTATION RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL

SELLING PRICE OF HSD/ PGHSD

Increase/ decrease in the transportation rate in Paise per KL Per KM will be as per the following formula: (Increase/ Decrease in 1 liter of HSD/ PGHSD Retail Selling Price (RSP) ex-State Capital cities

(within municipal limits) of the supply point concerned inclusive of taxes (with following

clarifications))/

---------------------------------------------------------------------------------------------------------------------

Q x 4

Where Q represents notional capacity of a tank-lorry and it is taken as 12 KL and 4 represent distance (4 KMs), which a tank-lorry can run with 1 lit of HSD / PGHSD (loaded or otherwise) for the purpose of calculations. NOTE: 1. The retail-selling price of HSD/ PGHSD as on the date of opening of the tender

will be the base price. 2. The escalation/ de-escalation of transportation rates will be allowed every month

i.e. on 1st January, 1st February, 1st March,etc. 3. Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP

(Retail Selling Price) of HSD/ PGHSD, which will be the weighted average of RSPs of HSD/ PGHSD during immediate previous two months, and the new transportation rates arrived at on the above dates shall be applicable for a period of subsequent month.

4. Only the increase/ decrease in RSP of HSD/ PGHSD at the State Capital cities (Within Municipal Limits) of the supply point concerned shall be considered and the escalation/ de-escalation factor shall apply for all the Locations. In case of any dispute, the decision of BPCL shall be final and binding.

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PRICE BID PRICE BID (to be submitted in Envelope “B”) The tenderer shall quote rates for all the locations listed in Price Bid Formats A & B. Not quoting to any one of the locations as per the Price Bid Formats shall result in disqualification of the tenderer Rate Schedule for Road Transportation of Bulk Lubricants/Base Oils/Ex Wadilube/Mumbai locations. Tender No.: BPC /WR/ BULK LUBES / 2010 – 2012. Part A: Transportation rates for regular tank lorries:

Sr. No.

Destination One way transportation rate Rs. Per KL

for 18KL and above Tank Lorry One way transportation rate Rs. Per KL for

12 KL Tank Lorry

Rates in Figure

Rates in words Rates in Figure

Rates in words

1 Alambagh (Lucknow)

2 Aurangabad

3 Budge Budge

4 Chandigarh

5 Coimbatore

6 Gandhidham

7 Gurgaon/Manesar/Dharuhera

8 Hubli (Navalur)

9 Itarsi

10 Kagal (Kolhapur)

11 Kota

12 Loni (near Ghaziabad

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Sr. No.

Destination One way transportation rate Rs. Per KL

for 18KL and above Tank Lorry One way transportation rate Rs. Per KL for

12 KL Tank Lorry

Rates in Figure

Rates in words Rates in Figure

Rates in words

13 Moulali (Hyderabad)

14 Pondicherry

15 Pune

16 Ratlam

17 Rewari

18 Rudrapur/Panthnagar

19 Tondiarpet, Chennai

20 Varanasi

21 Vatwa

22 Within 0-50 KMS ex Mumbai loading Plant

23 Within 51-100 KMS ex Mumbai loading Plant

Note : The rates should be written both in Figures and Words. In case of any dispute, the rates written in words shall be declared as final rates. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

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Part B: Transportation rates for Epicoated tank lorries ( Refer Note below ):

Sr. No.

Destination One way transportation rate Rs. Per KL

for 18KL and above Tank Lorry One way transportation rate Rs. Per KL for

12 KL Tank Lorry

Rates in Figure

Rates in words Rates in Figure

Rates in words

1 Alambagh (Lucknow)

2 Aurangabad

3 Budge Budge

4 Chandigarh

5 Coimbatore

6 Gandhidham

7 Gurgaon/Manesar/Dharuhera

8 Hubli (Navalur)

9 Itarsi

10 Kagal (Kolhapur)

11 Kota

12 Loni (near Ghaziabad

13 Moulali (Hyderabad)

14 Pondicherry

15 Pune

16 Ratlam

17 Rewari

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Sr. No.

Destination One way transportation rate Rs. Per KL

for 18KL and above Tank Lorry One way transportation rate Rs. Per KL for

12 KL Tank Lorry

Rates in Figure

Rates in words Rates in Figure

Rates in words

18 Rudrapur/Panthnagar

19 Tondiarpet, Chennai

20 Varanasi

21 Vatwa

22 Within 0-50 KMS ex Mumbai loading Plant

23 Within 51-100 KMS ex Mumbai loading Plant

Note: 1) The epicoated tank Lorries will be used by BPCL as and when the need arises. 2) The rates should be written both in Figures and Words. In case of any dispute, the rates written in words shall be declared as final rates.

Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________