INDIAN OIL CORPORATION LTD. (MARKETING DIVISION)

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1 Page 1 of 66 INDIAN OIL CORPORATION LTD. (MARKETING DIVISION) CREDENTIAL/TECHNICAL BID SHORT PUBLIC TENDER FOR ROAD TRANSPORTATION CONTRACT OF BULK BITUMEN/BITUMEN Ex- HALDIA TENDER NO.: WBOP/POL/BULK-BITUMEN/PT-09/2009 Closing date: at 1430 hrs Opening date: at 1500 hrs Tender to be dropped in tender box at Dy. General Manager(OPS) Indian Oil Corporation Ltd(MD) Indian Oil Bhawan, West Bengal State Office,5 th Floor 2, Gariahat Road (South) Dhakuria, Kolkata CONTENTS SIGNATURE OF TENDERER 1

2 Page 2 of 66 PART A: TECHNICAL/ COMMERCIAL BID SR. DESCRIPTION PAGE NO. NO. 1 Notice Inviting Tender Tender Form covering letter Particulars of tenderer Particulars of tank trucks offered 10 5 Guidelines for tenderers Formats of attachments of technical bid: 6a Undertaking by the tenderers 13 6b Affidavit for attached tank trucks 14 6c Details of relationship with IOC Directors etc - Part A, B & C and Declarations I, II & III 6d SC/ ST Certificate e General irrevocable power of attorney 20 7 Bank guarantee format for security deposit Tender Terms & Conditions a Bulk Petroleum Products Road Transport Agreement b Industry Transport Discipline Guidelines Integrity Pact Agreement PART B : PRICE BID SR. NO. DESCRIPTION PAGE NO. 1 Price bid form SIGNATURE OF TENDERER 2

3 Page 3 of 66 PART A: TECHNICAL/ COMMERCIAL BID NOTICE INVITING TENDER INDIAN OIL CORPORATION LIMITED (IOC), a public sector oil company, invite sealed tenders under Two-Bid system from Tank Truck (TT) owners for award of contracts for road transportation of Bulk Bitumen / Bitumen Emulsion / CRMB product ex- Haldia with effect from or at a date to be decided at the discretion of the company for a period of two years with option for extension up to further maximum one year at the sole discretion of the company. I. SCOPE OF WORK: Road transportation of Bulk Bitumen / Bitumen Emulsion/ CRMB from bulk oil storage & handling location given hereunder in West Bengal to locations within the state mainly like Uluberia and outside the state, if required. Name of location Address of location Tank Truck Requirement* HALDIA INSTALLATION IOC(MD),Haldia Installatioin, PO: Haldia Refinery, Dist: Midnapur(E), PIN , WB 72 TTs (*) The estimated Tank Trucks requirement is indicative and is subject to change. II. TENDER DOCUMENTS: The tender documents can be obtained on payment of Rs.1000/-(Rupees One thousand only) per set by Demand Draft (DD) (Non-refundable) drawn on any scheduled bank payable at KOLKATA in favour of Indian Oil Corporation Ltd. (M.D.). The tender documents shall be available during the working hours at 5 TH FLOOR, Ops Deptt, West Bengal State Office. The tender documents can also be downloaded from the website Tender documents downloaded from website should be submitted along with DD (Non-refundable) of Rs.1000/- per set, drawn on any scheduled bank payable at Kolkata, in favour of Indian Oil Corporation Ltd. (M.D.). Tender documents, which are downloaded from website, not submitted with DD of Rs. 1000/- per set, shall be rejected., and Corporations Dealers/ Distributors, Corporation NATURE, LOCATION & PERIOD our for a period of 2 years, with option for extension up to 1 year at the sole discretion of the Contracting Corporation Oil Company (, by IOC State Offices, BPC Regions, HPC Zones and IBP Regions) 2 Tender D T D s Particulars Date & time Last date & time for selling the tender documents at 11:00 hrs Last date & time for submission of the tender documents at 14:30 hrs Opening date & time for the tender documents at 15:00 hrs SIGNATURE OF TENDERER 3

4 Page 4 of 66 III. EARNEST MONEY DEPOSIT (EMD): General Tenderer shall pay EMD at the rate of Rs. 5,000/- per Tank Truck offered. The Demand Draft (DD) for total EMD shall be drawn on any scheduled Bank in favour of Indian Oil Corporation Ltd. (M.D.) payable at Kolkata. IV. SUBMISSION OF TENDER/ ELIGIBILITY CRITERIA: 3 1. The tenderer who has downloaded tender document from website while submitting tender shall clearly write the location name for which tender is submitted on cover page, tenderer s covering letter and price bid of the tender document and on the tender envelops. In case location name is not written on the cover page, tenderer s covering letter and price bid of the tender document and on the tender envelops or tender is submitted for more than one location, tender shall be rejected. 2. In case same tank truck is offered by two or more tenderers, then the said tank truck shall not be considered from any tenderer. 3. Age (As mentioned in RC book) of Tank Truck offered shall be as prescribed by Local Laws and in any case shall not exceed 15 years. All quoted tank trucks should be provided with proper insulation system to make fit for carrying Bulk Bitumen / Bitumen Emulsion/ CRMB ex-haldia. 4 The tenderer shall have to own minimum 40% of the total tank trucks offered in the tender. The tenderer shall have to offer minimum 5 (five) tank trucks and out of which the tenderer shall own minimum of 40% i.e. 2 (two) tank trucks. The minimum requirement of owned TTs shall be rounded to the higher number for the fraction of 0.5 and above and rounded to the lower number for the fraction below Tenderers should quote within (+/-) 10% of the estimated transportation rates given in this tender. Tenderers quoting beyond (+/-) 10% of the estimated rates shall be disqualified and their tender shall be rejected. 6. Tenderers willing to participate in the tender shall have to necessarily sign the Integrity Pact Agreement attached with the tender document and submit along with the Technical/ Credential Bid. 7. Tenders duly sealed are to be put in the Tender Box provided at our Indian Oil Bhawan, West Bengal State Office(WBSO), 5 th floor, East Wing, Operations Department, 2, Gariahat Road(S), Dhakuria, Kolkata-68 before above mentioned last date and time. No tender document shall be accepted after date and time mentioned under clause II above. TATE SIGNATURE OF TENDERER 4

5 Page 5 of 66 V. RESERVATION: 7 The provision of reservation shall be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basis as per Govt. of India directives. VI. OPENING OF TENDER: The Technical Bids of the tender shall be opened in the presence of the attending tenderers at our WBSO as per the above mentioned date, time and address. After scrutiny of the Technical bids, the eligible tenderers shall be notified regarding date, time and venue for opening of the Price Bids. The tenders including the Price Bid shall remain valid for 240 days from the closing date unless extended by mutual consent in writing. IOCL reserve 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, or to accept some or all of the tank trucks offered. NOTES: DGM (Ops), Indian Oil Corporation Ltd. (M.D.), SIGNATURE OF TENDERER 5

6 Page 6 of 66 TENDERER S COVERING LETTER Date: FROM: M/s. (Name and Address of the tenderer) To: Dy. General Manager(OPS), Indian Oil Corporation Ltd. (M.D.) Indian Oil Bhawan, West Bengal State Office,5 th Floor, 2, Gariahat Road(S), Dhakuria, Kolkata Dear Sir, Sub: TENDER FOR ROAD TRANSPORTATION CONTRACT OF BULK BITUMEN/ BITUMEN EMULSION/ CRMB Ex:- HALDIA INSTALLATION CATEGORY: SC/ST/GEN (Tick one) ROAD TRANSPORT CONTRACT With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/ documents supplied with the tender and return them duly signed and stamped for having accepted in toto. We also submit our offer duly signed in sealed envelope as per details given here under: ENVELOPE A (TECHNICAL BID): Tick Y For document enclosed. Tick N For document not enclosed. 1. Covering letter listing all enclosures. - Y/N 2. Particulars of Tenderer - Y/N 3. Particulars of T/T s offered - Y/N 4. DD for EMD drawn on a scheduled Bank payable at Y/N 5. DD for tender document downloaded from website drawn on a scheduled Bank payable at KOLKATA or photocopy of the cash receipt for payment for purchase of tender document. - Y/N 6. Undertaking for the TTs offered (Attachment-1). - Y/N 7. Affidavit/s from the owners of the attached TTs (Attachment-2). - Y/N 8. Details of relationship with Directors of IOCL and Declaration I, II and III (Attachment-3). - Y/N 9. Caste certificate (wherever applicable) issued by Competent Authority as per format (Attachment-4). - Y/N 10. Power of Attorney (Attachment-5). - Y/N 11. Attested copy (acknowledged copy) of the latest Income Tax Return Filed - Y/N 12. Attested copies of Trading License or Company Registration Certificate. - Y/N 13. Attested copies of Partnership Deed or Certificate of Incorporation. - Y/N 14. Attested copies of valid Registration Certificate, Certificate of Fitness, /s /s SIGNATURE OF TENDERER 6

7 Page 7 of 66 Insurance Policy, for each of the TTs offered. - Y/N 16. Bank Guarantee for Security Deposit (Attachment-7) - Y/N 17. Bulk Petroleum Products Road Transport Agreement (Attachment-8)- Y/N 18. Industry Transport Discipline Guideline - Y/N (Annexure to bulk petroleum product road transport agreement) 19. Integrity Pact Agreement (Attachment-9) - Y/N ENVELOPE B (PRICE BID): Price Bid - Y/N of Fitness each 13. Attested copies of CCE Licenses for each of the TT offered. - Y/N 14. Attested copies of valid Insurance Policy for each TT offered. - Y/N ENVELOPE C : Both envelopes A & B to be placed in Envelop C - 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, Place: Date: Signature Name of Person signing Tenderer's Name and address with seal SIGNATURE OF TENDERER 7

8 Page 8 of 66 PARTICULARS OF TENDERER 1 Name of the firm of tenderer: M/s. 2 Registered office address (proof of address to be submitted): Address for correspondence: 3 Contact Details: Phone: Fax: Mobile: 4 Status of the tenderer: o Individual o Proprietor (please tick one) o Partnership o Limited Company o Co-operative Society o Others (Pl. specify) 5 Registration No. of the Firm: Year of establishment: 6 Permanent Account No. : (PAN issued by Income Tax Dept.) 7. Name and address of Proprietor/ Partners/ Directors: S.N. Name Status Address for Correspondence 8. Name of authorized Signatory SIGNATURE OF TENDERER 8

9 Page 9 of 66 9 Category: a. (Please tick one) * General * Scheduled Cast * Scheduled Tribe 10 Details of Tender form purchased/ downloaded from web site: (a) Tender form purchased from IOC office. (Enclose copy of cash receipt) Cash receipt no. & date: OR (b) Tender form down loaded from web site. (Attach DD for Rs. 1000/-) DD No. Date Rs. Bank 11 Earnest Money Details (EMD): (a) For General Tenderer: Rs. 5000/- per TT No of TTs offered: DD no. Date Rs. Bank 12. Whether tenderer/ Proprietor/ any of the Partners/ Directors are related (as defined under Companies Act 1956) to any of Directors of Company to which tender is being submitted, if so, name of Director of IOCL & nature of relationship. 13. We confirm that neither tenderer nor any Tank Truck (TT) offered are blacklisted by any oil company. 14. We confirm that neither tenderer nor any Tank Truck offered are involved in any litigation, which would render the performance of any obligation impossible in case, the contract is awarded to us. 15. We confirm that rates offered by us shall remain valid for acceptance by you up to 240 days from the date of opening of this tender. 11. We confirm that Tank Trucks (TTs) offered are not under any contract with any Oil Company or other organization from the proposed date of contract under this tender Place: Date: Signature Name of Person signing Tenderer's Name & Address with seal SIGNATURE OF TENDERER 9

10 Page 10 of 66 PARTICULARS OF TANK TRUCKS OFFERED Sr. No. RTO Registration No. Make & Model Engine No. Chassis No. Capa city in MT Name of TT Owner Owned by Tenderer or Attached For Tank Trucks not owned by the tenderer, an affidavit from owner of the TT in the format enclosed with tender document is required to be enclosed in addition to documents required as per Technical bid. A T Form Place: Age of Tank Truck offered should not exceed 15 years as on date of opening of this tender. The TTs attaining the age of 15 years shall be removed from the contract and replacement with another Tank Truck having age less than 15 years shall be the responsibility of the concerned transport contractor. Date: Signature Name of Person signing Tenderer's Name and address with seal SIGNATURE OF TENDERER 10

11 Page 11 of 66 GUIDELINES FOR TENDERERS 1. GENERAL: 1.1 This tender is being invited for road transportation of bulk Bitumen/ Bitumen Emulsion/ CRMB from bulk oil storage & handling location like Haldia situated in the state of West Bengal. The tenderer shall clearly write the location name for which tender is submitted on cover page, tenderer s covering letter and price bid of the tender document and on the tender envelops. 1.2 The tender documents are issued in 2 sets; one set duly filled is to be submitted and other set duly filled to be retained by the tenderer. 1.3 Each page of the tender document is to be signed by the legally authorized representative of the tenderer, with the official seal. 1.4 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. 1.5 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. 1.6 For any further clarification, concerned officials at IOC State Office or tender document issuing offices may be contacted. 1.7 Copies of Registration Certificate, Certificate of Fitness, etc, enclosed along with Tender Form, shall be attested by a Gazetted Officer/ Notary public. 1.8 This tender is in 2 bid system, comprising of Technical Bid and Price Bid. 2. TECHNICAL BID: 2.1 Covering letters listing all enclosures. 2.2 Particulars of tenderer. 2.3 Particulars of Tank Truck/s (TT/s) offered. 2.4 Enclose EMD Demand Draft, which should be drawn on a scheduled Bank payable at KOLKATA. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender shall be rejected. 2.5 Enclose DD of Rs. 1,000/- 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 KOLKATA. If it is found that DD is not acceptable due to technical or any other reason, the tender shall be rejected. 2.6 Undertaking for the TTs offered (Attachment-1). 2.7 Affidavit/s from the Owners of the attached TTs (Attachemnt-2). 2.8 Details of the relationship with Directors of IOCL and Declarations I, II and III (Attachment-3). 2.9 Attested copies of caste certificate (wherever applicable) (Attachment-4) Power of Attorney (Attachment-5) Attested acknowledged copy of the latest Income Tax Return Filed and PAN card Attested copies of Trading Licence or Company Registration Certificate Attested copies of Partnership Deed or Certificate of Incorporation. and over over All text entries in the blank forms are to be made in capitals, and figures are to be entered in Roman numerals. One character is to be written in each block. <#>Selected items are to be CIRCLED in ink, and all other options are to be clearly CROSSED out in ink. treated as NOT ACCEPTABLE treated as NOT ACCEPTABLE s OR oror SIGNATURE OF TENDERER 11

12 Page 12 of Attested copies of valid Registration Certificate, Certificate of Fitness, Insurance Policy for each of the TTs offered Bank Guarantee for Security Deposit (Attachment-7) Bulk Petroleum Products Road Transport Agreement (Attachment-8) Industry Transport discipline guideline (Annexure to bulk petroleum products road transport agreement) Integrity Pact Agreement (Attachment-9) All the documents of the Technical bid are to be submitted in the envelope marked A. 3. PRICE BID: All the documents of the price bid/ rate schedule are to be submitted in the envelope marked B. 4. ING OF ENVELOPES: Envelope A containing all the documents of the Technical bid and envelope B containing Price bid should be pasted and stapled at both the ends. Both the envelopes should be signed with rubber stamp of the tenderer to be affixed overlapping the flaps sealed and over the center seam. The transparent adhesive tapes should be put partly covering the sign and stamp at both the ends and also on the center seam. /s /s 13. Attested copies of CCE Licenses for each of the TT offered. - Y/N 14. Attested copies of valid Insurance Policy for each TT offered. - Y/N Attested copies of CCE Licenses for each of the TTs offered. <#>Attested copies of the Insurance Policy for each of TT offered. papers ; papers ; After sealing envelope A and envelope B properly as mentioned above, both these envelopes A and B, should be inserted in bigger envelope C. Then the envelope C containing envelopes A and B should also be sealed in the similar way as done for envelopes A and B. IMPORTANT: (i) (ii) Tenderers should not put price bid/ rate schedule document in the envelope marked A containing Technical bid. Both envelopes A and B are to be placed in envelope C which should be closed and sealed and put in the designated Tender boxes before the closing time and date at the address given in this tender document., CLOSING SIGNATURE OF TENDERER 12

13 Page 13 of 66 (On Non-Judicial Stamp Paper of Rs.10/- as prescribed in the respective State) Attachment 1 UNDERTAKING BY THE TENDERER We declare as under: 1. That the Tank Trucks offered in this tender are not involved in any litigation other than routine cases of road accident or any violation of Motor Vehicles Act. 2. That we have not been blacklisted so far by any of the Oil Company. 3. We further confirm that the details as furnished by us have been verified and found correct. We undertake to place the Tank Trucks at the disposal of IOCL in case the contract is awarded in our favour. 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 the IOCL such damages/ losses/ claims as the IOCL may put to due to termination of the contract. We also undertake that should there be any action against IOCL resulting in damages of whatsoever nature to IOCL on account of award of contract in our favour on the basis of the misrepresentations, we shall keep the IOCL completely indemnified against all the claims/ losses/ damages/ litigations/ court action etc. Place: Corporation Corporation Corporation Corporation Corporation,, Date: Signature Name of Person signing Tenderer's Name and address with seal SIGNATURE OF TENDERER 13

14 Page 14 of 66 Attachment-2 (On Non-Judicial Stamp Paper of Rs.10/- as prescribed in the respective State) AFFIDAVIT I / We S/O Shri resident of do hereby solemnly affirm and declare as under: 1. That I / We are the owners of Tank Truck no. having capacity Kiloliters bearing engine no. Chassis No. make and model. 2. That I / We have attached / shall keep attached the above mentioned Tank Truck with M/S (Name of the tenderer) till the validity of Petroleum Products Road Transport Contract awarded by Indian Oil Corporation Ltd. in favour of M/S (Name of the tender). 3. That during above period, M/S (Name of the tenderer) alone shall have all the rights of operating the said Tank Truck and receiving consideration for such operation. VERIFICATION DEPONENT Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing has been concealed therein. Verified at on DEPONENT Notary Public SIGNATURE OF TENDERER 14

15 Page 15 of 66 Attachment-3 DETAILS OF RELATIONSHIP WITH IOCL DIRECTORS ETC. Tenderers should furnish following details in the appropriate part based on their organization structure. Organizational structure Sole Proprietor Partnership Firm Company Private / Public / Co- operative Society. Part of the form applicable. PART A PART B 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 IOCL: YES / NO 4. If YES to 3, State the name(s) of IOCL 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 IOCL: Yes/No 5. If Yes to (4) state the name(s) of the IOCL Director(s). 6. State whether any of the partner of the tenderer is related to any of the Director(s) of IOCL: Yes/No 7. If Yes to (6) state the name(s) of IOCL 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 SIGNATURE OF TENDERER 15

16 Page 16 of 66 Tenderer's Name and address with seal 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: T 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 IOCL: Yes/No 6. If Yes to (5) state the name(s) of the IOCL Director(s). 7. State whether any of the Director of the Tenderer Company is related to any of the Director(s) of IOCL: Yes/No 8. If Yes to (7) state the name(s) of IOCL 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 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 the Oil Company/ Central/ State Government. OR We have the following employees working with us who are relatives of the officers of the Oil Company/ Central /State Government. Corporation Corporation Name of the Employee Name and Designation of SIGNATURE OF TENDERER 16

17 Page 17 of 66 of the Contractor the Officer of the Oil Company/ Central/ State Government and relation 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 the IOCL or the tenderer is a firm in which Director of IOCL 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 IOCL 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 the Oil Company/ Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of the Oil Company/ Central/ State Government. Date: Signature Name of Person signing Tenderer's Name and address with seal 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 Corporation our Corporation Corporation Corporation overleaf Contractor s Corporation Contractor Corporation OR SIGNATURE OF TENDERER 17

18 Page 18 of Daughter s Daughter s Husband 19. Brother (including Step Brother) 20. Brother s Wife 21. Sister (including Step Sister) 22. Sister s Husband Attachment-4 SC/ST CERTIFICATE A tenderer who claims to belong to one of the Scheduled Castes / Schedules 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. OL The enclosed format is to be used for the purpose. Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his claim. FORM OF CASTE CERTIFICATE 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* Constitution (Scheduled Castes) Order, Constitution (Scheduled Tribes) Order, Constitution (Scheduled Castes) (Union Territories) Order, Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 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, Constitution (Jammu & Kashmir) Scheduled Castes Order, Constitution (Jammu & Kashmir) Scheduled Tribes Order, Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, Constitution (Pondicherry) Scheduled Castes Order, Constitution Scheduled Tribes (U.P.) Order, Constitution (Goa, Daman & Diu) Scheduled Castes Order, Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 SIGNATURE OF TENDERER 18

19 Page 19 of Constitution (Nagaland) Scheduled Tribes Order, Constitution (Sikkim) Scheduled Castes Order, Constitution (Sikkim) Scheduled Tribes Order, 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.. Place State/Union Territory Date Signature Designation... (With seal of Office) * Please delete the words, which are not Please quote specific Presidential Order. 2/ 3 Delete the paragraph, which is not applicable. Note: The term ordinarily reside(s) used here shall have the same meaning as in Section 20 of the Representation of the Peoples Act, List of authorities who may be empowered to issue Scheduled Caste/ Scheduled Tribe Certificates are as under and accordingly tenderer must ensure that only the authorized official has issued the certificate. % O ** 1. District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/Deputy Collector/1 st Class Stipendiary Magistrate/City Magistrate/Sub- Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of 1 st 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 (Lakshdweep Islands). SIGNATURE OF TENDERER 19

20 Page 20 of 66 Attachment - 5 (On Non-Judicial Stamp Paper(Rs 50/-) 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 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 Indian Oil Corporation Ltd. (hereinafter called The Company) in respect thereof. Page Break ii) iii) iv) To negotiate, enter into correspondence with the Company and do all and everything necessary suitable or proper with regard to the said tender for transportation of petroleum products. To sign, seal, execute, perfect and/or complete Transport Contract Agreement and all and/or any other document, Indemnity Bond etc. Required by the Company in connection with the said Transport Contract Agreement. 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 IOC. 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. Signatures Signed, Sealed and delivered by 1) Shri the within named partners/ 2) Shri Directors of M/S 3) Shri SIGNATURE OF TENDERER 20

21 Page 21 of 66 Before me. Notary public (Notary's Stamp) (On Non-Judicial Stamp Paper(Rs 100/-) as prescribed in the respective State) BANK GUARANTEE Attachment In consideration of IOC having its registered office at at G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai (hereinafter called "The Company") having agreed to accept bank guarantee from M/S (Hereinafter called "the said Carrier(s)") under the terms and conditions of an Agreement dated made between the Company and the Carrier(s) (hereinafter called "the said Agreement") in lieu of the Security Deposit for the due fulfillment of obligations 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 the Company an amount not exceeding Rs. (Rupees only) against any loss or damage caused to or suffered or would be caused to or suffered by the Company 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 the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company 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 the Company 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 SIGNATURE OF TENDERER 21

22 Page 22 of 66 for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Company under of by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the Company 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 before we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of Bank) further agree with the Company that the Company 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 the Company 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 the Company or any indulgence by the Company 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 shall 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 the Company in writing. Dated day of 20. For (Indicate name of the Bank) SIGNATURE OF TENDERER 22

23 Page 23 of 66 A. GENERAL: TENDER TERMS & CONDITIONS 1. Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in IOCL 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 IOCL/ BPCL/ HPCL & any of their subsidiary companies 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 IOC to all rights and remedies available thereof including termination of contract. PERMITTED Corporations 2. 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. 3. Rates offered would be valid and binding on the tenderer for 240 days from the date of opening of tender unless extended by mutual consent in writing. During the validity period, tenderer shall not be allowed either to withdraw or revise his offer. Breach of this provision shall entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates shall be valid for the entire contractual period. 4. IOCL reserve 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 contractor(s), c) Reject any or all tenders either in full or in part, d) Assign the offered and accepted Tank Trucks to any of the contracts, and e) Engage additional contractors/ Tank Trucks at any time without giving any notice whatsoever to the contractor/s already appointed against this Tender. 5. For Tank Trucks under operation with any other Oil Company, a No Objection Certificate is to be obtained from the concerned Oil Company for placing the same fully in the service of IOC against this tender. 6. 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. corporations OR OR OR c contract SIGNATURE OF TENDERER 23

24 Page 24 of Tenderer should deposit the sealed tender in an envelope super scribing the name of the location for which tender is being submitted well before the closing time and date in the tender Box earmarked for this purpose. No tender document shall be entertained after due date and time of submission of tender. IOCL shall not be responsible for the delay under any circumstances whatsoever if the tender is not submitted before the closing date and time and in the correct tender box. 8. 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 IOCL in this respect shall be final and binding. 9. Agreements would be signed by IOCL with successful tenderers finalized out of those quoting in this tender. 10 The tenderer shall have to own minimum 40% of the total tank trucks offered in the tender. The tenderer shall have to offer minimum 5 (five) tank trucks and out of which the tenderer shall own minimum of 40% i.e. 2 (two) tank trucks. The minimum requirement of owned TTs shall be rounded to the higher number for the fraction of 0.5 and above and rounded to the lower number for the fraction below 0.5. The minimum requirement of owned tank trucks offered by the tenderer should be in their name i.e. Firm or Partner or Company or Proprietor. Additional tank trucks offered may be owned or attached. 11. In case of attached Tank Trucks offered by the tenderer, owners of such Tank Trucks should execute affidavit attaching the Tank Truck with the tenderer for the full period up to last date of proposed Agreement period. Format of Affidavit is enclosed with tender form. IOCL shall not deal with the owners of the attached Tank Trucks. For any claim, losses, damages, etc for the attached Tank Truck, the liability shall solely rest with the tenderer. 12. Age (As mentioned in RC book) of Tank Truck offered shall be as prescribed by Local Laws and in any case shall not exceed 15 years. The Tank Trucks attaining the age of 15 years during the contractual period shall be removed from the contract. Replacement within 30 days with another eligible Tank Truck having age of less than 15 years shall be the responsibility of the concerned transport contractor. 13. The estimated number of Tank Trucks shown in tender notice is indicative and is subject to change. IOCL reserves the right to contract additional Tank Trucks. 14. Tenderer should submit all the details and enclosures as has been asked for in the tender form. In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender. 15. Tenderer may witness the opening of tender on the appointed date and time by sending authorized representative. SIGNATURE OF TENDERER 24 CLOSING OR ENDER RECEIVED LATEOR IN OPEN CONDITION OR WITHOUT EMD OR NOT MEETING THE TENDER CONDITIONS OR INCOMPLETE IN ANY RESPECT OR WITH MODIFICATIONS ARE LIABLE TO BE SUMMARILY REJECTED T na T T F <#> For finalizing POL Transportation Tender following steps will be followed: <#>Location wise rates quoted in price bid for POL transportation will be considered in ascending order for finalizing the rates i.e. lowest quoted rate by any technically qualified tenderer will be treated as L-1 rate. Thereafter, with or without negotiations of this L-1 rate, trucks quoted by all the technically qualified tenderers at this rate will be considered up to the requirement of Tank Trucks for that location. <#>Once Tank Trucks quoted at L1 rate are considered and there is further requirement of trucks for a particular location, this L1 rate will be offered to all technically qualified tenderers who have quoted L2 rate and allocation of Tank Trucks will be made in the same manner as stated in para (ii) above. This process will be continued in ascending order of quoted rates till the requirement of Tank Trucks for location is fulfilled. <#>In case, for a particular rate the Tank Trucks offered are more than the requirement, the allocation will... [1] be Any additions/ deletions or modifications in tenderformat will not be accepted. These may be ground for rejecting the Tender.... [2]

25 Page 25 of Tank trucks quoted in the tender should have all valid documents such as registration certificates etc. 17. The documents of the Tank Trucks offered shall be liable for verifications. If forged documents are submitted or any information is found to be incorrect, the tender shall be rejected and if the contract is awarded and detected subsequent to award of contract, the contract shall be liable to be terminated and IOC shall be entitled to recover such damages/ losses/ claims/ etc as the IOCL may undergo. Corporation 18. IOCL can appoint third party for verification of documents, inspection of tank trucks for construction of tank, safety fittings, etc, as per approved explosive drawing, IOC s safety aspects requirements and other specific requirements such as security locking system, vehicle tracking system, bottom loading arrangements, colour scheme of tank trucks, etc. 19. Tank trucks blacklisted by any of the Oil companies for malpractices are not eligible to participate in the tender. 20. Tenderers willing to participate in the tender shall have to necessarily sign the Integrity Pact Agreement attached with the tender document and submit along with the Technical/ Commercial Bid. B. Evaluation of the tenderers: 1. This Public Tender is floated in two bid system i.e. technical bid & price bid. First technical bid shall be opened on scheduled date and shall be evaluated. Price bids of only the technically qualified tenderers, based on technical evaluation, shall be opened on a notified date. 2. Price bid includes offer for transportation rates in three different items as detailed below: a. Rate in Rs. per MT. b. Rate from Haldia to Uluberia in Rs./MT c. Rate in Rs. per MT per RTKM. Tenderers shall quote rates for all the above items and transportation charges whichever is higher for the same volume of product transported shall be payable. 3. IOC shall offer Estimated POL transportation rate for the above two items and tenderers to quote within (+/-) 10% of the offered estimated transportation rate. The tenderers quoting beyond (+/-) 10% of any of the estimated transportation rates shall be treated as disqualified and their tender shall be rejected. During contract period, in case tank trucks are deputed to locations/ destinations in other states for the transportation of POL product, then any statutory levies (road permit charges, taxes, etc) shall be reimbursed on actual on production of receipt. The period of statutory levies shall be decided by IOCL. SIGNATURE OF TENDERER 25

26 Page 26 of Ranking of the tenderers i.e. L-1, L-2, L-3, etc shall be decided on minimum financial outgo to IOCL by considering the rates quoted in all the items and expected volumes of business. In case, any tenderer has not quoted rates for any of the abovementioned items, then such tenderers shall be treated as disqualified and their tender shall be rejected. 5. Tenderer with minimum financial outgo to the Company shall be ranked L-1. Tenderer with the next lowest financial outgo shall be ranked L-2 and so on. The list shall include all the technically qualified tenderers in the ranking based on the rates quoted by them along with the number of Tank Trucks offered. 6. In case rates offered by L-1 tenderers are acceptable to IOC, then L-1 rate accepted by L-1 tenderers would be offered to the remaining successful tenderers, as required and based on ranking and acceptance of L-1 rates by the tenderers, Tank Trucks shall be allotted till TT requirements are fulfilled. 7. In case rates offered by L-1 tenderers are not acceptable to IOC then IOC has the discretion to negotiate with L-1 tenderers and in such cases negotiations/ counter offer exercise shall be carried out with such tenderers, then the process for allocation of tank trucks on this revised L-1 rate accepted by L-1 tenderers shall be as per para 6 above. 8. In case, Tank Trucks offered by L-1 tenderers is not meeting full requirement then the L-1 rate/ revised rate accepted by L-1 tenderers would be offered to all the remaining successful tenderers and based on their ranking and acceptance by the tenderers, Tank Trucks shall be allocated at above rates till full requirement of Tank Trucks is met. 9. In case, for a particular ranking, Tank Trucks offered are more than the requirement then the tenderers in that particular ranking shall be further ranked based on the following order of priority and allocations shall be made only till such time the full requirement of Tank Trucks is met and the tenderers who are ranked lower in that particular ranking may not get any allocation. i) Maximum number of owned TTs offered. ii) Maximum number of TTs offered by the tenderer. iii) Tenderer offering highest number of higher capacity TTs like 15 MTs and above 10. In case requirement is not met by the Tank Trucks offered by the tenderers accepted L-1 rate/ revised rate accepted by L-1 tenderers, negotiations/ counter offer exercise shall be carried out with the tenderers who are at lowest ranking amongst remaining tenderers who have not accepted above rates and the Tank Trucks offered by these tenders accepted L-2 rate shall be allocated up to the requirement. 11. In case, Tank Trucks offered by the tenderers accepted L-2 rate is not meeting full requirement then the L-2 rate would be offered to all the remaining successful tenderers who have not accepted L-1 rate/ revised rate accepted by L-1 tenderers and based on their ranking and acceptance by the tenderers, Tank Trucks shall be allocated at above rates till full requirement of Tank Trucks is met. In case the requirement is still not met, IOC shall have the option to continue the above process or to have group negotiations with the remaining tenderers who have not accepted L-1 rate/ L-2 rate. SIGNATURE OF TENDERER 26

27 Page 27 of The technically qualified SC/ ST tenderers shall be ranked separately. Tank Trucks offered by these technically qualified SC/ ST tenderers shall be allocated as per Govt. of India directives and shall have preference at each step of the evaluation above. 13. The allocation of Tank Trucks shall depend upon offers by the successful tenderers as per above evaluation and accordingly, total number of Tank Trucks indicated in the NIT may vary considering scope of work and capacity of TT offered. C. EARNEST MONEY DEPOSIT (EMD): 1. Tenderer should submit along with tender EMD of Rs. 5,000/- for each tank truck offered. Tenders not accompanied with requisite EMD shall be rejected. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favour of Indian Oil Corporation Ltd. (M.D.) payable at KOLKATA. Those tenderers who have downloaded the tender documents from website, while submitting tender should also enclose DD (Non-refundable) of Rs. 1,000/- per set drawn on any scheduled bank payable in favour of Indian Oil Corporation Ltd. (M.D.) payable at KOLKATA. Tender documents, which are downloaded from website, but have not enclosed a DD of Rs. 1000/- shall be rejected. The tenderer who has purchased tender document shall submit a photocopy of cash receipt towards purchase of tender documents and shall be enclosed in Technical Bid envelope A. Non compliance of this requirement shall result in rejection in case the tenderer fails to submit any other proof of purchase of tender document from the Company. 2. A cash receipt shall be issued for the EMD, after the tenders are opened and scrutinized. The tenderer for obtaining subsequent refund should retain the cash receipt. 13. Evaluation Criteria: <#>This Public Tender is floated in two bid system i.e. technical bid & price bid. First technical bid will be opened on scheduled date and will be evaluated. Price bids of only the successful tenderers, after technical evaluation, will be opened on a notified date. 3. Cheques or request for adjustment against any previously deposited EMD/ pending dues/ bills/ security deposits for other contracts etc. shall not be accepted as EMD, and any tender with such stipulation shall be treated as without EMD and shall be rejected. 4. Interest is not payable on EMD. 5. EMD submitted by a tenderer shall remain with IOC till validity of the tender as extended from time to time. EMD would be refunded only after finalization of tender subject to submitting original cash receipt. In case, however, the tenderer commits a breach of the tender terms which defeating the purpose of EMD, IOCL shall have right to forfeit the EMD. D. NEGOTIATIONS: 1. IOCL reserves the right to negotiate with any or all the tenderers. 2. Tenderers may be required to visit IOC office or any other office of IOCL for negotiations/ verification of documents, entirely at the cost of tenderers. SIGNATURE OF TENDERER 27

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