bharat petroleum corporation limited · pdf fileterritory manager (i&c), mumbai ... shall...

Tender No.1000221170 Due Date & Time: 09.12.2014 at 14:00 hrs

SEAL SIGNATURE OF BIDDER

BHARAT PETROLEUM CORPORATION LIMITED TERRITORY MANAGER (I&C), MUMBAI

4TH

FLOOR, OLD ADMIN BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

TEL NO: 022-2553 3452; 2552 4418. FAX NO. 022-2554 0486

NOTICE INVITING e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL, MUMBAI

(PIRPAU/SEWREE) TO VESSELS AT MUMBAI (Inner & Outer Anchorage) & JNPT.

TENDER NO. CRFQ 1000221170

Tender Name:

e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL,MUMBAI (Pirpau/Sewree) TO VESSELS AT MUMBAI (Inner & Outer Anchorage) & JNPT.

Tender Reference No. CRFQ No.1000221170

Tender Download Period From 19.11.2014 10:00 hrs to 09.12.2014 14:00 hrs

Bid Submission / Upload closing Date:

09.12.2014 by 2:00 pm

Tender Opening on: 09.12.2014 at 3:00 pm

Period of Contract: Fifteen Months

Earnest Money Deposit (EMD)

Rs.1,00,000/- (Rupees One Lakh Only)

Contact Person

Territory Manager (Indl), Mumbai Phone: 022-2554 5276 Email: [email protected]

mailto:[email protected]



BHARAT PETROLEUM CORPORATION LTD. TERRITORY MANAGER (I&C), MUMBAI

4TH FLOOR, NORTH BLOCK, BPCL REFINERY, MAHUL, MUMBAI- 400074

Phone Nos. 022-25540270/25543431, Fax No.: 022-25540621

TENDER NO. CRFQ 1000221170

NOTICE INVITING e-TENDER OF BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL, MUMBAI (Pirpau/Sewree) TO VESSELS AT MUMBAI

(Inner & Outer Anchorage) & JNPT.

Electronic bids (e-tenders) are invited from bonafide Bidders, who are willing to quote rates for the

following:

Category A: Bunker Supply of White Oil (HFHSD) by Bunker Barges from BPCL, Mumbai

(Pirpau/Sewree) to Vessels at Mumbai Dock, Inner Anchorage and JNPT.

Category B: Bunker Supply of White Oil (HFHSD) by Bunker Barges from BPCL, Mumbai

(Pirpau/Sewree) to Vessels at Mumbai Outer Anchorage.

Bidders must meet the below minimum qualification criteria of the tender:

i. Minimum Three Self Propelled Barges fully owned by the Bidder, each with minimum storage capacity of 300 kl and minimum pumping rate of 100 kl/hr for bunker supply.

ii. The Barges offered shall have a Certificate of Registration under Indian Vessel Act 1917, and a Certificate of Survey issued by MMB.

iii. Requirement of Petroleum White oil Tank Trucks – minimum 20 in Numbers either owned or attached for carrying product from BPC Terminal (Sewree) to Barge Loading Jetty at Mumbai Docks. The trucks must have valid RC/Fitness/Insurance/PUC/ valid license from Petroleum Explosives Safety Organization (PESO).

iv. The age of the truck should not be more than 8 years as on closing date of tender.

v. Minimum average turnover for the last three years (2011-12, 2012-13 and 2013-14) should be Rs 1 Crore.

vi. The barges offered for the bunker supplies in Mumbai Outer Anchorage (Category B) shall be registered under MS Act / River Sea Vessel meeting the requirements of RSV vessels type II and above as specified by D G shipping in their notification no. 18 dated 31.7.2013. If not, bidder may choose not to quote price for outer anchorage bunker supplies, and quote only for Category A.



The Bidder can offer more number of barges than the minimum requirement of Three (03)

owned as mentioned above. Either Owned/ Chartered.

To meet the minimum qualification Criteria, the following documents need to be submitted online:

a. Attested copy of valid Certificate of Registration under Indian Vessel Act 1917. b. Attested copy of valid Certificate of Survey issued by MMB. c. Attested copy of valid Marine HULL Policy. d. Attested copy of Certification of Registration under MS Act / RSV meeting the

requirements of RSV Vessels type II and above as specified by DG Shipping in their notification no. 18 of 2013 dated 13.7.2013, issued by relevant authority, if applying for Category B.

e. Individual Copies of Affidavit of Tank Truck in the prescribed format as placed in Annexure 7

f. Particulars of Tank Truck Offered as per Annexure 8. g. Attested copies of the audited Balance sheet/profit and loss account duly certified by a

Chartered Accountant with his membership number clearly specified in support of analyzing the parameter of turnover. (for 3 years viz 2011-12, 2012-13 & 2013-14).

1. Eligible bidders are invited to submit their offer in a two-part bid for subject tender.

2. Please visit our website https://bpcl.eproc.in for participating in the tender and submit

your bid online. For viewing / downloading the tender document, please visit our website http://www.bharatpetroleum.in/tender/tender.asp

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

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

4. Technical Bid: The documents to be submitted on-line and in physical form are as

under:

Sr.

No.

Particulars Submission

Online Only

Submission of

Physical Document Only

1 Tender Document along with

Annexure 1 to 6 under Bidder Login

ID through e-procurement

system on https://bpcl.eproc.in

Tender Acceptance Letter as per

Annexure 1

Particulars of Barge Offered as per

Annexure 2

Particulars of Bidders as per

Annexure 3

Acceptance of Draft Barge Contract

Agreement by way of signing each

page of the same enclosed as

https://bpcl.eproc.in/



Annexure 4

Integrity pact duly signed at

Annexure 5

SC / ST Certificate as per Annexure

6

Attested copies of the Certificate of

Registration of Barge.

Attested copy of Certificate of

Survey issued by Maritime Board for

Barge.

Attested copy of Certificate of

Registration under MS Act/ RSV

meeting the requirements of RSV

Vessels type II and above as

specified by DG Shipping in their

notification no. 18 of 2013 dated

13.7.2013, issued by relevant

authority, if submitting bid for

Category B.

Attested copies of the audited

balance sheet/profit and loss

account duly certified by Chartered

Accountant with his membership

number clearly specified in support

of the analyzing parameter of

turnover. (for 3 years viz. 2011-12,

2012-13 & 2013-14)

Individual Copies of Affidavit of Tank

Truck in the prescribed format as

placed in Annexure 7

Particulars of Tank Truck Offered as

per Annexure 8

For Barges not owned by the

Bidder, No Objection Certificate

(NOC) from owner of the barge for

offering the barge against the

subject tender during the entire

contract period along with the legally

valid agreement between the Barge

Owner and Bidder.

Valid MSME Certificate, if applicable

2. Bidders Covering Letter listing all

Enclosures as per Format in

Attachment 1.

3 Demand Draft No.________ dated



________ for Rs. 1,00,000/= drawn

on _______________ (only

Scheduled Bank) in favour of M/s

Bharat Petroleum Corporation Ltd

payable at Mumbai towards Earnest

Money Deposit, put in envelope, or

self attested document from

competent authority as a proof of

exemption in case bidders are

registered under MSE such as EN II

certificate in case of MSE registered

parties.

4 Demand Draft No.________ dated

________ for Rs. 1,000/= drawn on

_______________ (only Scheduled

Bank) in favour of M/s Bharat

Petroleum Corporation Ltd payable

at Mumbai towards Tender Fee are

put in envelope.

5 Acceptance of General Terms and

Conditions by way of signing each

page of the same is enclosed –

Attachment 2.

6 Acceptance of Special Terms and

Conditions, duly signed as a token

of acceptance – Attachment 3.

7 General Irrevocable Power of

Attorney as Attachment 4.

8 Details of relationship with Directors

of BPCL: Declaration A, B and C as

per Attachment 5.

9 Acceptance of Proforma Bank

Guarantee for Security Deposit by

way of signing each page –

Attachment 6.

10 Attested copies of Firm‟s

Registration Certificate/ Trade

License.

11 Attested copies of Partnership Deed

or Certificate of Incorporation.

12 Attested Copies of PAN, PF, ESIC,

Service Tax Regn Certificates

13 Solvency Certificate From Bankers



14 Attested copies of Barge documents

(Layout showing Bulk Cargo

handling Facilities including

stripping, Certificate of Registration

under Indian Vessel Act 1917,

Certificate of Survey issued by

MMB, Latest Calibration Charts duly

certified by IRS/Classification

Society/Naval Architect, License by

Mumbai / JNPT Port Authorities

certifying that the barge is permitted

to ply in harbor with bunker fuels,

Pass Pilot Certificate of the Barge

from Mumbai / JNPT authorities for

plying Barge without pilot, Marine

Hull Policy for the Barge, Cargo

Boat License, MMD Certificate/

Survey certificate from Maritime

Board / approved classified Society

and other authorized bodies for

carriage of petroleum product, as

per rule 33 of Petroleum Rules

1975,

15 Self Attested Copies of work

order(s)/contract(s)/agreement(s)

and work completion certificates as

proof of similar jobs of carrying liquid

POL products in petroleum barges

during last three years ending

31.03.2014, with any Public Sector

Undertaking/Large Organization

16 Self Attested copies of Tank Trucks

valid RC/Fitness/Insurance/PUC/

valid license from Petroleum

Explosives Safety Organization

(PESO) & Calibration Certificates.

17 Copy of Income Tax Return for year

2013-14

The sealed envelope must reach / be dropped in the tender box at the following address:

Territory Manager (Indl), I&C Territory,

Bharat Petroleum Corporation Limited,

4th Floor, Old Admin Block, North Block,

Mahul Refinery, Chembur, Mumbai - 400074



5. The submission of online bid as well as submission of above physical documents shall be upto 02:00 pm on 09.12.2014.

6. Bids submitted after the due date and time of closing of tender (i.e. after 02:00 pm on

09.12.2014) and / or not submitted in the prescribed format shall be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or other documents to be submitted in physical form due to postal delay etc. No claims on this account shall be entertained.

7. The schedule of Price Bid opening will be advised separately to the bidders who

qualify in the credential / technical bid.

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

9. The online portion of the tender shall have to be submitted through the e-procurement

system on https://bpcl.eproc.in.

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

11. As a pre-requisite for participation in the tender, bidders are required to obtain a

valid Digital Signature Certificate (signing & encryption) of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the bidder. In case any bidder so desires, he/she may contact our e-procurement service provider M/s. C1 India Pvt Ltd., at their contact no. in MUMBAI: 022-66865600. for obtaining Digital Signature Certificate.

12. Tender Documents will not be available for purchase from any of our offices.

13. Tender Fee payable is Rs 1000/-.

14. EMD shall be converted as security deposit after issuance of LOI. The balance portion of the security deposit to be submitted in the form of BG.

15. The DD/Pay Order for EMD/Tender Fee, should be in favour of Bharat Petroleum Corporation Ltd. payable at Mumbai, drawn on any of the Scheduled/ Nationalized Bank..

16. Non- Submission of EMD/Tender Fee before the closing date & time of e-tender shall entail disqualification unless exempted for the parties as per tender condition. EMD shall be refunded to unsuccessful bidders.

17. VALIDIY: Bidders who are willing to accept our tender condition stated in this tender document should only quote for this tender. The Tenders shall remain valid for a period 180 days from the closing date of the tender unless extended by mutual consent in writing.

18. Bidder is advised to refrain from submitting any false, forged documents, the penalty for which shall be termination and EMD /SD submitted shall be forfeited. In case the



bidder is not able to comply within the stipulated period of issuance of LOI, the positioning of barge, the EMD/SD shall be forfeited.

19. Bidder is also advised to go through the tender documents carefully and understand the terms and conditions completely before quoting.

20. The estimated quantity of bunkers is only indicative. BPCL does not commit any minimum guaranteed quantity.

21. The DD/Pay Order for EMD and Tender Fee is to be inserted in envelope „A‟ The envelope is to be sealed and super scribed with the Tender No. and words EMD/TENDER FEE.

The documents required to be submitted manually as per para 4 above, are to be inserted in envelope „B‟. The envelope is to be sealed and super scribed with the Tender No. and words Technical/Credential Bid. Both Envelope „A‟ and „B‟ are to be inserted in envelope „C‟. The envelope is to be

sealed and super scribed with the Tender No. and Name.

22. Mode of Selection of Bidders Criteria for selection of Bidders shall be as given below: a. Price bids of only technically qualified bidders, based on technical evaluation, will

be opened on a notified date which will be communicated only to qualified bidder. b. Price Bid for each Category will be evaluated and awarded separately. c. After opening the price bids, ranking of Bidders i.e. L1, L2, L3 etc shall be decided

on the minimum total financial outgo to BPCL for each Category, considering the rates quoted in the price bid. In case any Bidder has not quoted rates for any or all of the items in a particular Category of the price bid, then such Bidders shall be treated as disqualified for that category and their bid will be rejected. In case of same price being quoted by two or more Bidders, the bidder who offers higher capacity of the owned barge(s) will be preferred.

d. In view of the critical nature of transportation of White Oils (HFHSD) by Barges, BPCL wishes to negotiate and award jobs to other than L1 even if the entire requirement is fully met by L1. Hence, the Corporation may decide at its sole discretion to distribute the quantities amongst the technically and commercially acceptable vendors L2 and L3, subject to their matching the finalized L1 rates. In such situations the allocation would be L1 – 70%, L2 – 20% and L3 – 10%.

23. Negotiations: The Corporation reserves the right to:

a. Negotiate with L1 Bidders (lowest quote). b. The Corporation reserves the right to negotiate with bidder (s) as per the ranking

mentioned in the evaluation criteria. Negotiation would be carried out first with the L2 Bidder to match the L1 rates, and then with the L3 bidder. If the L2 or L3 bidder is not willing to match the L1 rates, then negotiations would be held with the L4 bidder to match the L1 rates and so on. Based on the final negotiations, thus carried out, the job will be awarded as mentioned in para 22 (d) above.

c. No bidder shall be allowed to counter offer rates lower than the L1 rate.



d. Any offer received from the bidder without being asked by the Corporation shall be treated as unsolicited offer from bidder and same shall be rejected summarily. Similarly, any offer received after due date and time stipulated by Corporation, shall not be considered.

e. As per Govt. guidelines, there is a reservation of 15 % for SC & 7.5 % for ST category. Volumes for bidders under SC/ST category shall be limited to the aforesaid no. as per Govt. guidelines provided such bidders match the established L1 rate.

24. As per order issued by “ Ministry of Micro, Small and Medium Enterprises” on 23.03.2012 on “Public Procurement Policy for Micro, Small and Medium Enterprises (MSEs) order 2012”, those who have registered with Director of Industries Centres or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from paying tender fees and Earnest Money Deposit. Such bidders must produce a Notarised copy of MSE registration issued by any one of the authorities mentioned above, if they wish to avail exemption.

25. VERIFICATION OF ORIGINAL DOCUMENTS: Bidders through their authorized representatives may bring their original documents for verification to Corporation as per the communication from us. Time period given by respective office for submission of any documents will be treated as final and non-submission of the same may lead to rejection of the bidder. Decision of Committee in respect of the same will be treated as final. Bidders to report on specified date and time as per the above communication.

26. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet: a. Bidders are advised to log on to the website (https://bpcl.eproc.in) and arrange to

register themselves at the earliest. b. The system time (IST) that will be displayed on e-procurement (e-bid) web page

shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

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

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

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

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

27. In case of any clarification pertaining to e-procurement (e-bidding) process, the bidder

may contact M/s. C1 India Pvt Ltd., at the contact details given in Sr. No. 11 above.



TECHNICAL/ CREDENTIAL BID BHARAT PETROLEUM CORPORATION LTD.

TERRITORY MANAGER (I&C), MUMBAI 4TH FLOOR, NORTH BLOCK,

BPCL REFINERY, MAHUL, MUMBAI- 400074 Phone Nos. 022-25540270/25543431

Fax No.: 022-25540621

TENDER NO. 1000218664 e-TENDER OF TRANSPORTATION OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL , MUMBAI (Pirpau/Sewree) TO VESSELS AT MUMBAI (Inner & Outer Anchorage) & JNPT. CLOSING DATE: 09/12/2014 CLOSING TIME :14:00 HOURS

1.0 TENDER NO. CRFQ 1000218664

Bharat Petroleum Corporation Limited (BPCL) is engaged in the business of refining and marketing of petroleum products. This tender is for the following: Category A: Bunker Supply of White Oil (HFHSD) by Bunker Barges from BPCL,

Mumbai (Pirpau/Sewree) to Vessels at Mumbai Dock, Inner Anchorage and

JNPT.

Category B: Bunker Supply of White Oil (HFHSD) by Bunker Barges from BPCL,

Mumbai (Pirpau/Sewree) to Vessels at Mumbai Outer Anchorage.

BPCL invites the eligible bidders to participate in this e-tender, and the period of contract

would be fifteen months.

2.0 MINIMUM QUALIFICATION CRITERIA

The Bidder must meet the following minimum qualification criteria:



i. Minimum Three Self Propelled Barges fully owned by the Bidder, each with minimum storage capacity of 300 kl and minimum pumping rate of 100 kl/hr for bunker supply.

ii. The Barges offered shall have a Certificate of Registration under Indian Vessel Act 1917, and a Certificate of Survey issued by MMB.

iii. Requirement of Petroleum White oil Tank Trucks – minimum 20 in Numbers

either owned or attached for carrying product from BPC terminal (Sewree) to Barge Loading Jetty at Mumbai Docks. The trucks must have valid RC/Fitness/Insurance/PUC/ valid license from Petroleum Explosives Safety Organization (PESO).

iv. The age of the truck should not be more than 8 years as on closing date of tender.

v. Minimum average turnover for the last three years (2011-12, 2012-13 and 2013-14) should be Rs 1 Crore.

vi. The barges offered for the bunker supplies in Mumbai Outer Anchorage

(Category B) shall be registered under MS Act / River Sea Vessel meeting the requirements of RSV vessels type II and above as specified by D G shipping in their notification no. 18 dated 31.7.2013. If not, bidder may choose not to quote price for outer anchorage bunker supplies, and quote only for Category A.

Bidders must meet the above minimum qualification criteria of the tender.

The Bidder can offer more number of barges than the minimum requirement of Three (03)

owned as mentioned above. Either Owned/ Chartered.

To meet the minimum qualification Criteria, the following documents need to be submitted online:

a. Attested copy of valid Certificate of Registration under Indian Vessel Act 1917. b. Attested copy of valid Certificate of Survey issued by MMB. c. Attested copy of valid Marine HULL Policy. d. Attested copy of Certification of Registration under MS Act / RSV meeting the

requirements of RSV Vessel Type II and above as specified by DG Shipping in their notification 18 of 2013 dated 13.07.2013, issued by relevant authority, if submitting quote for category B.

e. Individual Copies of Affidavit of Tank Truck in the prescribed format as placed in Annexure 7

f. Particulars of Tank Truck Offered as per Annexure 8. g. Attested copies of the audited Balance sheet/profit and loss account duly certified by a

Chartered Accountant with his membership number clearly specified in support of analyzing the parameter of turnover. (for 3 years viz 2011-12, 2012-13 & 2013-14).

3.0 SCOPE OF WORK

a. The interested bidders will carry out the bunker supply of White Oil HFHSD by barge

which will be executed following either or both of the options mentioned below:



i. Receipt of product ex BPCL Pipeline from Pirpau Jetty or any other Jetty in Mumbai into Barge, and bunker supply by Barge to vessel/tugs/dredger/barge etc at Mumbai (any berth/dock of Mumbai Port, Mumbai Inner Anchorage, Mumbai Outer Anchorage) & JNPT.

ii. Receipt of product at BPCL, Sewree into tank trucks, transporting to Mallet

Bunder or any other Dock/Jetty in Mumbai, unloading of product into Barge, and bunker supply by Barge to vessel/tugs/dredger/barge etc at Mumbai (any berth/dock of Mumbai Port, Mumbai Inner Anchorage, Mumbai Outer Anchorage) & JNPT.

b. The barge should be fully equipped to receive, transport and unload HFHSD from barge to vessel.

c. The Barge Contractor shall arrange for all necessary clearance/permission from port etc and complete the necessary formalities including coordination for the shiiping bill for supply of HFHSD to the vessel as nominated by BPCL.

d. The Barge Contractor will closely coordinate with all agencies including BPCL, Marine

Dept., Vessel Agent, Port etc and accordingly plan for timely Bunker Delivery.

e. BPCL will inform the Barge Contractor to position the barge for supplying the product for bunker. The Barge Contractor will keep the barge ready in all respect to receive the product and delivery to the vessel on time. The Barge Contractor will inform the Terminal Manager the tentative time and readiness of the barge and also the name of the jetty where the Barge is scheduled to berth. Pipeline/TT unloading operation must be supervised by the Barge Contractor, as the quantity arrived basis mother / shore tanks dips will be taken as the final quantity delivered to the barge. The Barge Contractor will sign the BDR.

f. Tank Trucks to be placed by the Barge Contractor at Mumbai (Sewree) for loading of barge through tank truck. In case of any loss in transit, the same shall be recovered from the Barge Contractors running bills. Necessary Documentation for tank lorry receipts including time sheets should be completed by the Barge Contractor and the same should be handed over to BPCL representative.

g. Sampling during loading of vessel: Barge contractor is required to carry sampling equipments like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipments needs to be fixed at the pipeline manifold in co-ordination with tank farm representatives & sample to be collected in to cubitainer during the entire duration of loading of barge, which in turn is to be transferred to three bottles. One duly labeled, signed, numbered bottle to be given to tank farm representative for their record & two are to be taken back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of loading of barge. This sample retained by BPCL will be used in event of any quality complaint by the vessel, and if the sample passes the test parameters, any claims arising out of such quality complaint by vessel shall be recoverable from the Barge Contractor.



h. Barge Contractor to supply all equipments, hoses, reducers, packing materials etc., suitable to bunker deliveries without causing any oil pollution. The barge to be equipped with suitable hoses. The hoses shall have the maximum permissible pressure rating and date of last pressure test clearly and indelibly indicated on them by a testing facility recognised by the competent authority. The barge should always carry valid test certificate as per approved authorities for the hoses used for bunkering operation, as per manufacturers‟ recommendation. But not exceeding one year. The contractors will be responsible for doing the jobs of hose connection/disconnection at the time of unloading the product from TT‟s and receiving the product through pipeline and also at the time of delivery to vessel. The contractor to arrange for fuel & fresh water required for operation of barge during currency of the contract.

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

j. Barge contractor in co-ordination with BPCL Surveyors to ensure safe & timely mooring at vessel end, verification of quantity & seal numbers jointly with Surveyors/ vessel representative, handing over all documents to Chief Engineer of vessel, Connection/Disconnection of Hoses, Complete pre-bunkering & pre bunkering safety check lists with vessel representative, obtain permission from BPCL custom House Agent/ vessel before pumping, Connect drip sampler at vessel manifold that connects the shore tanks & hand over sample bottles, Monitor bunker supply/loading operations including maintain the required pumping rates, distribution of samples as per laid down procedures, Signing of sample bottle labels, verification of quantity delivered with Surveyors, post bunkering check lists, obtain all original copies of documents duly signed by Chief Engineer of vessel & submit acknowledged copies of documents along with sealed sample to BPCL representative.

k. Ensure acknowledgements of all documentations pertaining to coastal bunkers (duty paid) and foreign bunker (bonded), including obtaining of Signature & stamp of Chief Engineer of the vessel in BDN, Shipping Bill, ARE1, MSDS, QC certificate, Pre Bunkering, Pre-bunkering Safety & Post Bunkering check lists, Survey Report, Customer Feedback form & vessel Sample Documentations. Also arrange to collect product samples duly labeled and signed by Chief Engineer of vessel.

l. Sampling at Vessel end:- Barge contractor is required to carry sampling equipments like on line sampler, cubitainer, sample bottles, seals, plastic bag, labels etc. Sampling equipments needs to be fixed at the vessel manifold in co-ordination with vessel representatives & sample to be collected in to cubitainer during the entire duration of bunker supply, which in turn is to be transferred to three bottles. One duly labeled, signed, numbered bottle to be given to vessel for their record & two are to be taken



back for BPCL custody. Both the samples along with acknowledged documents are to be returned duly to BPCL office at Mumbai within three days from the date of delivery.

m. The Barge contractor shall check each consignment received from Loading Points in the presence of Surveyor (engaged by BPCL) who will be witnessing at loading points and notify promptly shortage, contamination etc. if any, to the BPCL officer in charge of loading. The contractor shall be responsible for all shortages, loss or contamination from the time the consignments are received to the time, they are delivered at the stipulated destination. If any shortage/loss/contamination etc. occurs after HFHSD is handed over to the contractor, he/she shall compensate such shortage, loss or contamination including non-delivery of materials at rates decided by BPCL including excise duty, insurance cost and overhead costs etc. BPCL reserves the right to realize such compensation by appropriating from the contractors bills /Security Deposit without prejudice to BPCL‟s right to claim balance amount, if any from contractor.

n. Compliance of Safety, Fire Protection and Environmental Protection shall be the responsibility of the contractor. Clearances required from the Mercantile Marine Department (MMD), License from Mumbai / JNPT Port Trust, Explosives Department (PESO) and Pollution Control Board (if any) shall be taken by the contractor. It will be the responsibility of the contractor to obtain at his cost all clearances or sanctions required from Statutory Bodies well in advance. Any damage, demurrage, or any losses arising direct or consequential on account of lapses in this regard shall be to Contractor‟s account.

4.0 PARTICIPATION

1. Offers may be submitted by:

i. Proprietorship firms / Individuals who are Indian citizens, who have attained the age of majority; or

ii. partnership firm consisting of Indian citizens; or iii. Co-operative society of which all the members are Indian citizens; or iv. Company duly registered under the Companies Act, 1956 provided they comply

with the conditions contained hereinafter.

2. Firms having Partners /Directors /Proprietor who has been convicted in criminal cases or blacklisted or Action for i. Termination of Contract ii. Withdrawal of LOI / Work Order have been taken for malpractices while

undertaking transportation job, by any of the PSU Oil Companies are not eligible to submit their offers.

3. The bidders, should offer only those barges, which shall have all the statutory licenses

and approvals, and in operating condition. Bidders would place such barges, against the LOI issued by BPCL within 7 days from the date of LOI.

4. The tender document could be downloaded from website https://bpcl.eproc.in or

www.bharatpetroleum.in at cost of Rs 1000/- using the bidder‟s digital signature and registered user ID. Tender document will not be available for purchase from any of our offices.

5. For detailed Terms & Conditions and the guidelines for filling up /submission of the e-

tender, please refer the tender documents.

https://bpcl.eproc.in/

http://www.bharatpetroleum.in/



6. The Technical/Credential Bid will be opened on 09.12.2014 at 15:00 Hrs.

7. Conditional and/or incomplete tenders are liable to be rejected.

8. The tenders will remain valid for 180 days from the closing date unless extended by mutual consent in writing.

5.0 EARNEST MONEY DEPOSIT (EMD):

Tenderer shall pay Rs. 1,00,000/- (Rupees One Lakh Only) as EMD by Demand Draft drawn on any Scheduled Bank payable at MUMBAI in favour of BHARAT PETROLEUM CORPORATION LTD. This should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under Para 4.0 (page no. 2). Bids received without EMD shall be rejected.

6.0 RATE SCHEDULE / ESTIMATED QUANTITY:

1. The Corporation does not guarantee any minimum business and the estimated stems number of stems/quantity given in the schedule are only indicative and are subject to change depending upon business requirement / demand for product. The number of stems and quantity indicated does not include customer volumes with a preferred Barge Operator.

2. The Company reserves the right to induct additional tanker barges, if so required, from the qualified bidders.

7.0 SIGNING OF AGREEMENT AND INTEGRITY PACT: Each successful bidder will have to sign an Agreement and Integrity Pact, as per the drafts attached as Annexure-4 & Annexure-5 respectively of the tender document. The tender document must accompany with Integrity Pact (IP) duly signed by the bidder as per Annexure 5.

a) The Proforma of Integrity Pact shall be returned by the bidder/s along with the bid documents (technical bid in case of 2 part bid ) duly signed by the same signatory who is authorized to sign the bid documents. All the page of the Integrity Pact shall be duly signed. Bidder‟s failure to return the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

b) If the Bidder has been disqualified from the tender process prior to the award of the

contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

c) If the contract has been terminated accordingly to the provisions of the Integrity Pact,

or if BPCL is entitled to terminate the contract accordingly to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact.



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

Shri Brahm Dutt. No. 82, Shakti Bhavan, Race Course Road, Bangalore – 560 001. Phone – 080-22256568 Mobile – 09731316063. 8.0 SECURITY DEPOSIT (SD):

1. Successful bidders will be required to furnish SD within 7 (Seven) days of issuance of LOI/ Work Order.

2. The security deposit shall be Rs. 25,00,000/- (Rupees Twenty Five Lakhs only). The

Security Deposit may be deposited in the form of Bank Guarantee strictly in the specified Proforma, valid for a period of 6 (six) months beyond the tenure of contract.

3. Adjustment of EMD towards security Deposit is permissible.

4. Interest is not payable on SD.

5. Any loss/ claim and/ or damage arising out of the performance of the contract would be

adjustable against the SD. Any loss/ claims/ damages higher than SD will be recovered from payments due to the vendor under this contract or deposits made by or payments due to the vendor under any other contract with BPCL.

6. Security deposit would be refunded after six months of expiry of the contract on written

request from the Vendor, subject to fulfilling all terms and conditions of the contract.

7. Successful bidder will be entrusted with bunker delivery work only after signing of Agreement and payment of Security Deposit amount.

9.0 All the tender documents and Annexures, Technical/Credential details and other

information, Price Bids and declaration forms shall form the part of the tender.

Offers should strictly be in accordance with the tender terms & conditions and our specifications. Bidders are requested to carefully study all the documents/annexures and understand the conditions etc, before submitting the tender and quoting rates.

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



Annexure 1 Tender Acceptance Letter

(To be given by Bidder on Letter Head) To, The Territory Manager ___________________ ___________________ ___________________ Subject: Acceptance of Terms and Conditions of Tender

Name of the Tender: (TENDER NO.- CRFQ 1000221170) - e-TENDER FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES FROM BPCL , MUMBAI (Pirpau/Sewree) TO MUMBAI (Inner & Outer Anchorage) & JNPT.

Dear Sir,

1. I/We have downloaded / obtained the tender document(s) for the above mentioned „Tender‟ as the web site(s) namely:

as per your advertisement, given in the above mentioned website(s).

2. I /We hereby certify that I / we have read the entire terms and conditions of the tender documents from Page No.______ to _________ (including all documents like Annexure(s), schedule(s), attachment(s) etc.), which form part of the contract agreement and I/We shall abide hereby by the terms and conditions / clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organization too have been taken into consideration, while submitting the Acceptance Letter.

4. I / We unconditionally accept the tender conditions of the above mentioned tender document(s)/ corrigendum(s) in its totality / entirety.

5. I /We do hereby declare that our Firm/Company has not been blacklisted / debarred by any Government Department / Public Sector Undertaking.



6. I / We certify that all information furnished by our Firm/Company is true & correct and in the event that the information is found to be incorrect / untrue or found violated, then your department/organization shall without giving any notice or reason therefore or summarily reject the bid or terminate the contract, without prejudice to any rights or remedy including the forfeiture of the full said earnest money deposit absolutely.

Yours Faithfully,

(Name and Signature of Authorized Signatory with Seal)

Full Name

Address

Tel No.

Date :



Annexure 2

DETAILS OF BARGES OFFERED FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) FROM

BPCL, MUMBAI (Pirpau/Sewree) TO VESSELS MUMBAI (Inner & Outer Anchorage) &

JNPT

1. Number of barges offered :__________ 2. Details of barges offered for contract. Extra Sheet to be attached for more than

one barge duly signed.

No Item Barge Particulars

1 Name of the Barge

2 Capacity of Barge (DWT)

3 Operating Capacity of Barge in MT

4 Registration Number

5 Registration Authority

6 Owner of the barge

7 Whether Owned or Leased

8 If leased, please mention period of lease

9 Year Built

10 Builder

11

MMD Certification:

(a) License No.: (b) Valid up to: (c) Valid for Petroleum Classes

12 Harbour Craft Rules issued by whom and validity

13 GRT

14 LOA in meters

15 Breadth in meters

16 Fully loaded draft in meters

17 Air Draft

18 Group of tanks (Nos)

19 No. of cargo tanks with capacity of each tank

20 Slope tank capacity

21 No. of ballast tanks

22 No. of cargo pumps

23 No. of stripping pumps with capacity

24 Pumping rate (MT/HR)

25 Receiving rate (MT/HR)

26 Size of manifold connection in mm

27 Speed of barge in nautical miles per hours

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

28 Type of Fuel Consumption (Fuel Oil / Diesel Oil) &

Hourly consumption during voyage



29 Valid Calibration Certificate

30 Details of Insurance & validity

There is a minimum requirement for Three Number (03) of Bunker Barges under Owned

Category; however there is no restriction on the Number of Barges offered, either

Owned/Attached.

For Bunker barges not owned by the Bidder, a No Objection Certificate (NOC) from owner of

the Bunker barge for offering the barge against the subject tender during the entire contract

period along with legally valid agreement between the barge owner and Bidder, should be

enclosed with the tender documents in addition to documents mentioned.

If the above barges offered are out of service for any reason, Bidder shall provide a substitute

barge subject to acceptance by Bharat Petroleum Corporation Limited.

The successful Bidder shall position the barges physically at Mumbai along with all valid

permission for inspection within 7 days of issuance of LOI/PO. BPCL reserves right to cancel

LOI/ forfeit EMD and SD, and opt for alternate actions if above is not completed.

Full Name:

(Signed as Proprietor/Partner/Director)



Annexure 3

PARTICULARS OF BIDDER

CATEGORY : SC / ST / GEN (Tick one) 1. Name of the Firm of Bidder : _________________________ 2. (a) Regd. Office address of the Bidder : _________________________ (b) Address for Correspondence : _________________________ 3. Phone No. (With STD code) : _________________________ 4. Fax No. : _________________________ 5. Mobile No. :__________________________ 6. E-Mail address :____________________________ 7. Status of the Tenderer (Individual, Proprietor, Partnership, Limited Company,

Co-operative Society, Others-pls. specify) 8. REGISTRATION NO.: (CERTIFICATE ATTACHED) 9. SOLVENCY CERTIFICATE NO. (CERTIFICATE ATTACHED) 10. PAST EXPERIENCE OF SIMILAR NATURE OF JOB HANDLED FOR LAST 3

YEARS. 11. MANPOWER PROFILE OF THE TENDERER:

NO NAME OF THE PERSON QUALIFICATION AGE EXPERIENCE

12. Year of Establishment : ___________________________ 13. PF Registration No. (Copy attached) :___________________________ 14. ESI Registration No. (Copy attached):____________________________



Annexure 3 (Cont’d)

PARTICULARS OF BIDDER

15. Permanent Income Tax No.(PAN) :__________________________ (copy attached) 16. Income Tax Clearance :__________________________ Certificate for last year (2013-14)

(Copy attached)

17. Service Tax Registration No. :__________________________

(Copy attached) 18. Name & Address of the Proprietor/Partners: ____________________ or Directors (wherever applicable) 19. a) Name of Bankers with full address:___________________________ b) Style of Account and A/C No. :_______________________________ 20. Whether Tenderer, Prop. or any of the Partners / Directors are related (as __________________________ defined under Company‟s Act 1956) __________________________ to any of Directors of Company to __________________________

which tender is being submitted. If __________________________ so, name of Director of Oil Company____________________________ and nature of relationship. __________________________

21. We confirm that rates offered by us will remain valid for acceptance by you up

to 180 days from the date of opening of this tender. 22. We confirm that neither Bidder nor any Barge offered are involved in any

litigation, which would tender the performance of any obligation impossible, in case the contract is awarded to us.

Signature : _____________________ Name of person signing : _____________________ Tenderer‟s Name : _____________________ Date: Firm‟s Seal : _____________________



Annexure 4

CONTRACT FOR BUNKER SUPPLY OF WHITE OIL (HFHSD) BY BUNKER BARGES

FROM BPCL, MUMBAI (Pirpau/Sewree) TO VESSELS AT MUMBAI (Inner & Outer

Anchorage) & JNPT

THIS AGREEMENT made on this __________________ day of ______________ 2014

Between - Bharat Petroleum Corporation Ltd., a company incorporated under the Companies

Act, 1956 and having its Registered Office at Bharat Bhavan I, 4 & 6 Currimbhoy Road

Mumbai – 400 001, hereafter called “The Company”(which expression shall include its

successors and assignees ) on the one part and M/s ______________________-carrying on

business in the firm name and style of M/s.

________________________________________________

___________________________hereinafter called The Contractors” (which expression shall

be deemed to include his legal heirs, executors, of the present constituents in case of firm or

official liquidator in case of company) of the OTHER PART.

WHEREAS THE contractor is desirous of carrying out the work of bunker supply of white oil

HFHSD from BPCL, Mumbai (Pirpau/Sewree) to Vessles at Mumbai (Inner & Outer

Anchorage) & JNPT, for the Company and WHEREAS the Corporation has agreed to appoint

the Contractor/s upon the terms and conditions hereinafter recorded. NOW THIS

AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN the parties

hereto as follows :-

1. The contractor will provide all the equipment and manpower required for carrying out of

any of the work assigned to them (as detailed in scheduled of rates attached hereto, by

the Company under this contract) by the Territory Manager or his down delegated

authority at Territory office.

2 The company shall pay to the contractors for the performance of the various

work at the rates specified in the schedule attached hereto . The rates finalized

will be firm for the entire contractual period. No escalation in rates during the

contract period will be granted unilaterally.

3. The contractor shall submit to the company bills on a fortnightly basis to the Territory

Manger (Indl), Mumbai‟s office. The bill must be supported with clean acknowledged

Bunker Delivery Note, and original receipts of port charges paid. However, please note

that Bills submitted after two months from the date of completion of job will be rejected.

4. The rates specified in the schedule attached hereto will apply under all working

conditions and the contractor/s will not be entitled to any extra allowance during the

currency of the contract, unilaterally.

5. That the compliance of all Government Rules and Regulations regarding employment

and working conditions of personnel, including various statutory facilities shall be

To be executed on Rs100 NJ

Stamp paper



provided for by the contractors. The contractor/s will be responsible for any fines for

non-compliance of any such Rules.

6. The contractor/s shall maintain all records as required under the Factories

Act/payment of wages Act/Workmen‟s Compensation Act/Employee State Insurance

Act or any Acts in force at that time. These records will be open for inspection by the

Company‟s representative as and when required.

7. a) The Contractor/s shall ensure that no amount by way of commission or otherwise is

deducted or recovered from the wages of the workmen employed by him and that the

wages shall be paid by the contractor/s to the workmen directly without intervention of

any person.

b) The contractor/s shall introduce the Provident Fund Scheme to the Workmen

Employed by him, if so required by law as envisaged by the provisions of Employees

provident Fund Act or any statutory modification and/or enactments of the said statutes

and/ or rules framed therein.

c) The Contractor/s shall duly introduce the contributory scheme for the employees under

him if so required by law as envisaged by the provisions of the Employees State

Insurance Act.

d) The contractor/s shall observe and implement all the laws of the land and the rules

framed there under which are beneficial to the workmen employed by him/them and

that the Company shall in no event, be liable or responsible for any default that will

arise out of non-observance of such laws, rules on the part of the Contractor/s and that

the Contractor/s shall in no event, be liable or responsible for any default that will arise

out of non-observance of such laws, rules on the part of the Contractor/s and that the

Contractor/s shall indemnify and keep indemnified the Company against the same and

from all proceedings in respect thereof.

g) The contractor/s shall also be solely responsible for any breach or contravention of all

the Labor Laws, Rules regulations or by-laws passed or made by the Central and/or

State Government and/or other authorities as may be applicable from time to time to

the workmen employed by him, directly or indirectly, without prejudice to the generality

of the foregoing, the concerned authorities respectively appointed under the Payment

of Wages Act, Shop and Establishments Act, Factories Act and the Workmen

Compensation Act, Inter State Immigration Workmen (Regulation of Employment and

conditions of Service) Act, 1979: Contract Labor (Regulation and Abolition) Act 1979 or

any Statutory Rules framed there under and the Company shall not be responsible in

any manner for any liability arising out of the non-compliance by the Contractor/s for

the same.

h) Officers of the Company shall have the right at its discretion at any time and from time

to time, to make inspection of all the records maintained by the Contractor/s and in this

regard make such enquiries as it may deem fit for ensuring the strict compliance of the

Minimum Wages Act, 1948: Payment of wages Act or any statutory modification and/or

enactments of the said statues of rules there under by the contractor/s.



i) The Contractor/s shall implement various standards drawn by Indian Standards

Institution (ISI) on the subject of safety of workmen and faithfully implement the same

for the benefit of the workers employed by him during the course of performance of the

contract wherever applicable.

8. The contractor/s shall pay E.S.I.S. contribution (Employees) and shall be responsible

for recovery and remittance of employees contribution. The contractor/s shall maintain

all records and stipulated under E.S.I.S. Act.

9. The contractor/s will be liable for any loss or damage to the company, Company

employees, contractor‟s employees or to any third party resulting from fire, Leakage,

negligence, explosion, accident or any other cause in carrying out the work assigned to

them and the contractors shall indemnify and keep the Company indemnified for such

amount as the Company may be called upon by law to pay. All labour, workmen and

persons employed by the contractor/s shall not be on account of the Company and

shall deemed to be the contractors‟ own labour so that no service conditions, payment

liability in respect of such persons would be attached to the Company and the

Contractor/s will have to indemnify the Company against the same.

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

a) The Confiscation by Government or local authorities of any goods delivered to

the contractor/s for transportation, clearing/forwarding/Loading/unloading or in

transit.

b) It is to be clearly understood that the property or the goods in possession or

under power of the agent will remain the sole and absolute property of the

Company provided, however that said Agent will be liable for any loss or

damage to the said goods and their liability will not be merely that of a bailee.

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

operators to ensure that the work is done correctly. Any loss caused on account of

contractor/s employee‟ negligence or any other sub-agent/s including road transport

employed by him, theft default or any commission or conduct shall be made good by

the contractor/s. Contractor‟s employees and representative in side the Company‟s

terminal/Installation/Depot should confirm to the Company‟s working rules.

The contractor/s agree/agrees to clear/ forward consignments by road/water within a

reasonable time of being asked to arrange for the same. Any demurrage/storage,

other charges levied by the transporters or storage owners would be to the contractor‟s

account unless he/they are able to prove that they are not allowed sufficient time for

carrying out the duties. The Contractor/s will also be responsible for the safe conduct

of goods in transit with them.

12. In the event of the Contractor‟s failure to carry out the work assigned to them within a

reasonable time, contractor/s shall be liable to make good the Company and expenses

that may be incurred by the Company in making other arrangements for carrying out

the work.



13. The Contractor/s shall be responsible for and shall pay any compensation to their

employees‟ payable under the Workmen‟s Compensation Act, 1923 and 1933 and the

Amendments thereto, for the injuries caused to the workmen. The Contractor/s shall be

responsible for any pay the expenses for providing medical treatment to any

employees who may suffer any bodily injury as a result of any accident. The

Contractor/s shall keep the company indemnified against the same and from all

proceedings in respect thereof. In every case in which by virtue of the provisions of

Section 12 Sub-section(1) of the Workmen‟s Compensation Act 1923, the company is

obliged to pay compensation to workmen employed by the Contractor/s in execution

of the works, the company will recover from the contractor/s the amount of

compensation paid, and without prejudice to the rights of the company under

section(1), Sub-Section-II of the said act, the company shall be at liberty to recover

such amount or any part thereof by deducting it from the Security Deposit or from any

sum due to the Company to the Contractor/s whether under this contract or otherwise.

The company shall not be bound to contest any claim made against it under Section

12, sub-section(1) of the said Act except on the written request of the contractor/s and

upon his giving to the Company full security for all costs for which the company might

become liable in consequence of contesting such claim.

14. The contractor/s will deposit a sum of Rs. 25,00,000 lakhs (Rupees Twenty Five

Lakhs) by way of demand draft as Security Deposit (Corporation at their discretion

may accept Bank Guarantee from Scheduled Bank ) with the company for the due

performance of the work by the Contractor/s and observance of all the conditions

hereof and it shall be lawful for the Company to appropriate the entire deposit or/and

part thereof against damage, costs charges or expenses arising out of the contractor/s

failure to observe any of the terms and conditions of this contract. This is without

prejudice to the other remedies under the law open to the company.

15. This agreement shall be for a period of fifteen months from__.__.___ to __.__.____.,

However the corporation reserves the right to terminate the contract at any time before

expiry of the period of contract by giving the contractor 30 days notice in writing without

assigning any reason whatsoever.

16. It is specifically agreed by and between the parties hereto that the company shall have

the right to terminate this contract at any time during the currency of the contract if the

services are not found satisfactory and without giving any notice in writing.

17. Notwithstanding anything herein above contained in the event of contractor being

adjudicated insolvent or being a company resolved or ordered to the wound up, then

in such event agreement shall automatically stand terminated and in the event of

breach, default or violation of any of the terms hereof, of which the Corporation shall

be the sole judge and the Corporation shall be at liberty to terminate this agreement

forthwith and without prejudice to all other rights, remedies and claims of corporation

under this agreement or otherwise in law against the contractor and the Contractor

shall not be entitled to any claim for loss, compensation or damage arising out of any

such early termination.



18. The Company reserves the right to award parallel contract/s without giving any notice

or prior intimation to the existing contractor/s.

19. Any goods in the custody of the contractor/s at the time of termination of the contract

by influx of time or by notice or otherwise however shall be handed over to the

Company properly.

20. Terms and conditions detailed and covered under General/Special Terms with tender

documents form a part of this agreement.

21. ARBITRATION

a) Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter- claim

or set off of the Company against the Licensee 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 licensee 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 has 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 view 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 person 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) of the Company or a person nominated by

such Director (Marketing) 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 & Conciliation Act, 1996 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 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 Indian Arbitration & Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

c) 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 in 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 therefrom has been referred to him originally and deemed to form part of the reference made by the Director(Marketing).

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

(e) The arbitrator shall have power 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 of cross claims of the parties.

(f) The arbitrator shall be entitled to direct any one of the parties to pay the costs to 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 one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

(g) 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 (if so required) in the concerned courts in the city of Mumbai only.

22. All conditions as covered in tender documents under General Conditions/Special conditions, schedule of items and as covered in this Agreement will apply.

IN WITNESS WHERE OF THE parties have executed these presents on the day, month and

year herein above mentioned.

SIGNED & DELIVERED ON BEHALF Signature ______________

OF (within named Corporation) Name_________________

Designation____________

IN THE PRESENCE OF WITNESS Signature______________

Name________________



SIGNED & DELIVERED BY THE Address______________

WITHIN NAMED (CONTRACTOR/S)

Name________________

(Signature as Proprietor/Partner/Director)

Name & Address___________________

Of the Firm______________________