NOTICE INVITING TENDER

NOTICE INVITING TENDER BHARAT PETROLEUM CORPORATION LIMITED TENDER FOR BULK LUBRICANTS/BASE OILS ROAD TRANSPORTATION CONTRACT Ex BUDGE BUDGE OR ANY OTHER LOCATION IN AND AROUND KOLKATA TO VARIOUS DEPOTS /LOCATIOS TENDER NO. TENDER NO. BPC /ER/ BULK LUBES / 2010-2012 I. GENERAL BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite sealed tenders under Two-Bid System, from tank lorry owners, having minimum annual turnover of Rupees Fifty(50) Lakhs during any one of the last three (3) financial years i.e. 08-09, 07-08, 06-07, and owning minimum 8 ( Eight ) tank lorries and offering minimum 4 (Four) attached tank lorries, for award of contract for road transportation of Bulk lubricants/ Base Oils from Budge Budge or in & around Kolkata location to various Depots / Location with effect from the date of agreement for a period of 1 (One ) year, with option for extension up to 1 (One) year at the sole discretion of BPCL. List of locations and estimated volumes for 12 KL to 18 KL capacity T/Ls Sr. No. Destination State Estimated Qty requirement in KL per annum Transit time 1 Balmer Lawrie, Hide Road, Kolkata H.P.C.L / I.O.C. Budge West Bengal 1000 1 Budge to B.P.C.L Budge Budge & vice versa 2 Tatanagar Jharkhand 500 2 3 Loni (near Ghaziabad) Uttar Pradesh 6000 6 Note: The list of locations and approximate volume business currently being handled are as above. The list is only indicative and does not indicate the absolute number of locations and volume of business. The Corporation will have the discretion to make changes in the list of locations as well as the volume of business depending on the actual business requirements of the Corporation from time to time. The addresses of the above locations and distances are available with Budge Budge plant. 1

II. TENDER DOCUMENTS: The tender documents can be obtained on payment of Rs.5000/-(Rupees Five thousand only) per set by Demand Draft (DD) (Non-refundable) drawn on any scheduled bank payable at Kolkata in favor of BHARAT PETROLEUM CORPORATION LTD. The tender documents will be available on any working day within period specified in Notice Inviting Tender (NIT), during office hours between 10.00 hrs and 16.00 hrs only at the following address: Regional Manager (Lubes) East, Bharat Petroleum Corporation Ltd., Bharat Bhavan, Plot No. 31, KIT Scheme No 118, Prince Ghulam Md. Shah Road., KOLKATA 700095 The tender document can also be downloaded from our website (www.bharatpetroleum.in -->click Tender Room --> click Lubricants - transport) and should be submitted along with DD (Non Refundable) of Rs.5,000/- (Rupees Five Thousand Only) per set, drawn on any scheduled bank, payable at Kolkata in favor of BHARAT PETROLEUM CORPORATION LTD. Tender documents not submitted with DD of Rs. 5,000/- (Five Thousand Only) per set will be rejected. III. EARNEST MONEY DEPOSIT (EMD): Tenderer shall pay Rs. 1,00,000/- (One Lakh Only) as EMD per tender by D.D drawn on any scheduled Bank payable at Kolkata in favor of BHARAT PETROLEUM CORPORATION LTD. This should be submitted along with the Technical Bid. Bids submitted without EMD will be rejected. IV. SUBMISSION OF TENDER: Completed Tender documents duly sealed by gum/ adhesive, in an envelope, and super scribed, TENDER NO. BPC /ER/ BULK LUBES / 2010-2012 and with clear marking of Name and Address of the Tenderer, are to be put in the Tender Box up to 14.00 HRS on or before 15.09.2010 at the following address: Regional Manager (Lubes) East, Bharat Petroleum Corporation Ltd., Bharat Bhavan, Plot No. 31, KIT Scheme No 118, Prince Ghulam Md. Shah Road., KOLKATA 700095 Tenders received after the due date & time will not be considered. 2

V. Age (Year of Model/Make in the RC book) of tank-lorry offered and taken in the contract should comply with Govt. directives from time to time. It should comply with RTO regulations of States in which the same is used. Any revision in the change of RTO regulation enforced by the state is to be strictly adhered by the transporter. VI. VII. Minimum Eight (8) tank-lorries offered by the Tenderer must be owned by the Tenderer in the name of the Partnership Firm/Proprietorship Firm/Individual who has submitted the bid and Four (4) can be attached tank lorries or the tenderer can own all the 8 tank lorries. Out of the total 12 tank lorries, the tenderer must provide minimum 2 tank lorries of the capacity of 12 KL either in owned or attached category. The due date and time of opening of tender documents is 14.30 HRS on 15.09.2010 for all the locations stated above. Only authorized staff of the tenderers are allowed to attend the opening of the technical bid. The authorized representative should bring letter to this effect. No separate intimation will be given in this regard unless there is a change in time /date/venue. All Tenderers should bring their rubber stamp/letter head. VIII. SIGNING OF AGREEMENT : Each successful tenderer will have to sign an Agreement. The period of Agreement with successful tenderer would be one (1) year with an option on the part of BPCL to extend the same by one (1) year on same rates, terms and conditions. Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per terms of the Agreement. Draft of the Agreement is available with Tender documents. IX LOCAL OFFICE: Outstation tenderer(s), should have a Contact Office at loading location within Ten (10) days from the date of award of Contract and the address of the same should be submitted before the contract/agreement is signed. X. RESERVATION: The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively on all India basis. The SC/ ST tenderers desirous of offering the tank Lorries will have to participate in the tender and should fulfill all tender conditions. The SC/ ST tenderers will not be eligible for any price preference or relaxation of standards. There is no difference in EMD or any other tender conditions for such tenderers. Details of eligibility of qualifying as SC/ST are given in tender document. XI. OPENING OF TENDER: After scrutiny of the technical bids by BPCL, the eligible tenderers will be notified regarding the date, time and venue for the opening of the price bids. The offers will 3

remain valid for two hundred and forty (240) days from the opening of Price Bid of tender unless extended by mutual consent in writing. BPCL reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoever. XII. Tenders received late for whatever reasons / without EMD / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered. XIII. All tank lorries should be calibrated in such a way that its total weight along with product should not exceed the RLW mentioned on the RC of the tank lorry. XIV. Under no circumstances the tender documents should be sent by post/courier. TENDER TERMS & CONDITIONS : A. GENERAL: 1. Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of BPCL & any of its subsidiaries, IOC or HPC or IBP or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on tenderer s part entitling BPCL to all rights and remedies available thereof including termination of contract. 2a. All rates quoted should be both in words and figures. In case of any difference between the two, the rates quoted in words shall be considered as final and authentic. 2b. The tenderer should quote for all locations in the tender schedule. 2c. The rate should be quoted in the same units as mentioned in the tender schedule. 3. Rates offered would be valid and binding on the tenderer for two hundred and forty (240) days from the opening date of Price Bid of this tender unless extended by mutual consent in writing. During the validity period, tenderer will not be allowed either to withdraw or revise his offer on his own. Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual period subject to escalation/de-escalation as per Schedule A. 4. BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to: a) Negotiate with any or all tenderers, b) Divide the work among Carrier(s), c) Reject any or all tenders either in full or in part, d) Assign the offered and accepted tank-lorries to any of the contracts, and 4

e) Engage additional Carriers/ tank-lorries at any time without giving any notice whatsoever to the Carrier/s already appointed against this Tender. 5. The tenderer should study all the operations/ local conditions at the loading/ unloading point/s and route/s. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender. 6. Tenderer should deposit the sealed tender in the envelope C well before the closing time and date in the tender Box earmarked for this purpose at the concerned office. No tender document shall be entertained after due date and time of submission of tender. BPCL will not be responsible for any delay under any circumstances whatsoever if the tender is not submitted before the closing date and time and in the correct tender box. 7. Tenders not meeting the tender terms & conditions or incomplete in any respect or with any additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding. 8 In case of requirement of tank-lorries by BPCL, new transporters may be inducted at the finalized L1 rate of that location. 9 At least Eight (8) tank-lorries offered by the Tenderer must be owned by the Tenderer in their name (i.e. Firm or Partner or Director or Proprietor) and additional Four (4) can be attached tank lorries. Or the tenderer can own all the 12 tank lorries. Out of the total 12 tank lorries, the tenderer must provide minimum 2 lorries of the capacity of 12 KL tank lorries either in owned or attached category. 10. Age (Year of Model/Make in the RC book) of tank-lorry offered and taken in the contract should comply with Govt. directives from time to time. It should comply with RTO regulations of States in which the same is used. Any revision in the change of RTO regulation enforced by the state is to be strictly adhered by the transporter. 11. The estimated quantity to be delivered shown in tender document is indicative and is subject to change. BPCL reserves the right to contract additional tanklorries, if required, from BPCL s other SBU transporters or from the market. 12. Tenderer should submit all the details and enclosures as specified in the tender form. In case any of the information is not applicable to the tenderer, "Not applicable" may be written against such item. Not submitting any information/ enclosure sought for may be a ground for rejecting the tender. 13. Tenderer may witness the opening of tender on the appointed date and time by sending authorized representative. 14. Tank-lorries quoted in the tender should have all valid documents such as calibration certificate; registration certificates etc as on the closing date of tender and shall remain valid throughout the tenure of the contract. 5

15. The successful tenderer are desirable to take fuel/lubricants for the tank-lorries engaged by BPCL, at the Smart Fleet Retail Outlets of BPCL. For this the Tenderer may enroll under CMS Fleet Card scheme for his fuelling requirements. B. EVALUATION OF THE TENDERERS: 1. This Public Tender is floated in two bid system i.e. technical bid & price bid. Firstly the technical bid will be opened on scheduled date and will be evaluated on the following minimum qualification criteria as given in Table A below besides meeting other tender guidelines: TABLE A : Criteria for evaluation of technical bid: S No. Requirement Minimum Criteria Supportings required A Experience in Minimum transportation of 3 years Bulk Petroleum Products contract of transportation. B Total Turnover Minimum (from all business) Rs.50/- as per P&L account Lakhs for financial years 08-09, 07-08 and 06-07. C Total Tank lorries to be offered. Details given below. C (i) Owned Tank Lorries (note ) C (ii) Attached Tank Lorries D Tank lorries of 12 Kl capacity Experience certificate letter(s) from concerned companies on their letterhead and duly attested copy of Last three years audited Annual Reports. The turnover should be equal/more than 50 Lakhs in any one of the last three financial years i.e. 08-09, 07-08 and 06-07. Minimum 12 Numbers. (Refer Note below) Minimum 8numbers Maximum 4 numbers Minimum 2 tank lorries Duly attested copies of Registration Certificate of tank lorries owned along with the copies of calibration certificate of all tank lorries by a Gazetted Officer. Duly attested copies of Registration Certificates of tank lorries offered as Attached along with the copies of calibration certificates by a Gazetted Officer and affidavits from the owners of tank lorries as per format given in the tender. Minimum 2 tank lorries should be of 12 kl. Capacity either in owned or attached category. Note- *Total 12 tank lorries offered can also be owned by the Applicant. 2. Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on a notified date. 6

3. Price bid includes offer of rates for different locations as detailed in Notice Inviting Tender (NIT). Tenderers should quote rates for all the above locations. 4. Ranking of the tenderers i.e. L-1, L-2, L-3, etc will be done location wise based on minimum financial outgo (cash out flow ) to BPCL by considering the rates quoted for each location and expected volume of business in each of the location. 5. Location wise, tenderers will be listed in ascending order as per their ranking. Tenderer with minimum financial outgo to BPCL will be ranked L-1 for the subject location. Tenderer with the next lowest financial outgo will be ranked L-2 and so on. 6. BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding on the tenderers. 7. BPCL may decide, at its sole discretion to distribute the quantities amongst the technically and commercially acceptable vendors. In such a situation, the following distribution pattern will be adhered to: a) Where the quantity is equal to or more than 1000 KL per annum the job will be allocated among three tenderers and the percentage allocation among them would be L1:70%, L2:20% & L3:10%. Or b) Where the quantity is more than 500 KL and less than 1000 KL per annum the job will be allocated among two tenderers and the percentage allocation among them would be L1:80%, L2:20% Or c) Where the quantity 500 KL and less per annum the job will be allocated only to L1 tenderer/s. 8. The locations having quantity requirement of equal or more than 1000 KL per annum, there would be maximum three (3) transporters. For location having quantity requirement more than 500 KL per annum and less than 1000 KL per annum then there would be maximum two (2) transporters. In an event when the number of tenderers exceed the minimum numbers specfied above, the job will be distributed equally amongst such L1 tenderers. 9. If required, the negotiations/counter offer exercise will be carried out with L1 tenderers and the revised rates accepted by them during negotiations/ counter offers will be finalized as L1 rate of the concerned location. The finalized L1 rate will also be offered to other tenderers in ascending order of L2, L3 etc till our requirements as specified in Para 8 above are met and L2,L3 rates will be finalized accordingly. 10. At a particular ranking, tank-lorries offered by technically qualified SC/ ST tenderers shall have preference as per Govt. of India directives. C. EARNEST MONEY DEPOSIT (EMD): 7

1. Tenders not accompanied by EMD of Rs. One Lakhs (Rs.1,00,000/-) shall be rejected. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favor of Bharat Petroleum Corporation Limited and payable at Kolkata. A photocopy of DD Receipt towards purchase of tender documents should be enclosed in Technical Bid envelope A. Those tenderers, who have downloaded the tender documents from website, should enclose DD (Non-refundable) of Rs. Five thousand (Rs.5,000) per set drawn on any scheduled bank payable at Kolkata in favor of BPCL. Tender documents, downloaded from website, and not submitted along with a DD of Rs. Five thousand (Rs.5000), shall be rejected. 2. Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected. 3. Interest is not payable on EMD. 4. EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to position any or all offered tank-lorry/s within one month after the issuance of Letter of Intent/award of contract. 5. EMD would be refunded only after finalization of the tender. While claiming refund, the original Receipt issued by the BPCL must be surrendered. In case the Receipt is lost/ misplaced, an Indemnity Bond in specified proforma supplied by the BPCL is to be submitted on nonjudicial stamp paper of appropriate value (at tenderer s cost), duly notarized. D. NEGOTIATIONS: 1. BPCL reserves the right to negotiate with any or all the tenderers. 2. Tenderers may be required to remain present at the venue advised for negotiations/ verification of documents, entirely at their own cost. 3. Only the proprietor of the firm or the legally authorized representative of the firm may personally attend such negotiations, as commitments made and/ or clarifications given during the negotiations will be binding on the tenderer/s. He/ She should carry the necessary authorization to attend such negotiations and to hand over an authenticated copy of the same to BPCL s representative/s participating in negotiations. 4. Originals of the documents submitted as copies along with the tender documents, as well as documentation to substantiate statements made in the 8

tender document are to be produced for verification by BPCL during negotiations or at any other time at the discretion of BPCL. E. SECURITY DEPOSIT (SD): 1. Successful tenderers will be required to furnish SD within fifteen (15) days of issuance of LOI/ Work Order at the following rates: The security deposit will be Rs. Fifteen Lakhs (Rs.15,00,000/-) only. Minimum of Rs.Two Lakhs (Rs.2,00,000/-) shall be paid in the form of Demand Draft drawn on any Scheduled Bank in favor of Bharat Petroleum Corporation Ltd. and balance amount shall be deposited in the form of Bank Guarantee drawn on any Scheduled Bank strictly in the specified Proforma, valid for six months after the expiry of the contract. 2. Receipts for SD paid by DD will be issued by BPCL. 3. Interest is not payable on SD. 4. Any loss/ claim and/ or damage arising out of the performance of the contract would be adjustable against the SD. Any loss/ claims/ damages will be recovered from payments due to the Carrier and balance amount if any, will be recovered from SD or payments due to the Carrier under any other contract with BPCL. 5. Security deposit would be refunded after six (6) months of completion of the contract on written request from the Carrier and after surrender of the original receipt provided that there are no pending claims by BPCL. In the event of loss/ misplacement of the receipt of the SD, the refund would be made only after the Carrier furnishes an Indemnity Bond in the prescribed proforma, on non-judicial stamp paper of appropriate value (at Carrier s cost), duly notarized. 6. Successful tenderer will be entrusted with transportation work only after signing of Agreement and payment of Security Deposit amount. F. CONTRACT PERIOD: Unless otherwise specified or agreed to, the contract is awarded for One (1) year with option for extension up to One (1) more year at the sole discretion of BPCL at the same rates, terms and conditions as in the original contract. G. EXECUTION OF AGREEMENT: 1. Successful tender/s will be required, before undertaking the contract, to execute the Agreement, within fifteen (15) days of the date of issue of the LOI and should physically place the tank-lorries as per BPCL s requirement at the location within such time. In case of failure, BPCL will have the right withdraw the LOI issued to such tenderer. 2. Tenderers are advised to carefully scrutinize the specimen set of Agreement Forms enclosed along with tender documents/downloaded from our website 9

before submitting their tender. One set should be submitted with the tender, duly signed by the tenderer on all pages over the official seal, in token of acceptance of the terms and conditions thereof, and other set be retained with the tenderer. 3. When the person signing the tender is not the authorized signatory, necessary power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should be produced before signing the agreement, and an authenticated copy of the power of Attorney should be submitted for the record of BPCL. 4. Failure to execute the agreement and/ or furnish required Security Deposit and placement of tank lorries within fifteen (15) days of issue of LOI may render the tenderer liable for forfeiture of Earnest Money Deposit and termination of contract without prejudice to the rights of BPCL to recover the damages under Law. 5. All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers, Tender Terms & Conditions, Declarations, Agreement and other documents furnished with the Tender and related correspondence shall form part of the contract. H. RESERVATION: (a) (b) (c) (d) (e) (f) (g) (h) The provision of reservation will be 15% (fifteen percent) & 7 ½ % (seven and a half percent) for Scheduled Caste (SC) and Scheduled Tribes (ST) respectively on all India basis. The members of SC/ ST desirous of offering the tank-lorries will have to participate in the tenders floated by BPCL. The SC/ST members should fulfill all tender conditions, and will not be eligible for any price preference or relaxation of standards. If adequate number of tank-lorries offered by SC/ ST tenderers is not available in any particular year, the unfilled quota may be allotted to the unreserved categories in that year. However the unfilled quota may be carried forward to the next Tender also and offered to SC/ST candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories. The SC/ ST tenderer/s desirous of operating under partnership firm, or Private Ltd. Co., or Public Ltd. Co. or a Cooperative Society, or any other, should have all the partners or members of private / public / Cooperative firms belonging to the same category without exception, i.e. either SC or ST as the case may be. Caste certificate for each individual member of a Partnership/ Public/ Private/ Cooperative Firm should be enclosed as proof along with the Technical bid. In the event of any of the members failing to submit the caste certificate as proof of belonging to SC/ ST category, the tender will be treated as a general category tender. The registered owner/s of the tank-lorries offered by the SC or ST tenderer/s must also belong to the same category, either SC or ST, as the case may be. In other words, if the tenderer is issued LOI/ Work Order under SC category, all the registered owners of the tank-lorries offered against the particular LOI/ Work Order must also belong to SC. 10

(i) If any of the tank-lorries offered do not belong to a member of the category concerned, i.e. SC or ST, as the case may be the tender will be treated as under general category. I. OTHER TERMS: 1. Tank-lorries provided for transportation of bulk lubricant/base oils should preferably be covered by National Permit/ Zonal Permit at Carrier(s) cost. The Carrier s shall have to provide specified number of tank-lorries for operation within the state. 2. Where the loading/ unloading locations are situated within the same State and Sections where axle load restrictions are imposed, they shall supply tank-lorries meeting axle load restrictions. 3. BPCL reserves the right to reject the tender of any or all the tenderers without assigning any reason whatsoever at its absolute discretion. BPCL reserves the rights to withdraw/ cancel/ modify this tender without assigning any reason whatsoever. 4. The tank-lorries offered should comply at all times with valid permits, rules and regulations of Statutory/ Government authorities. 5. Wherever the word tank-lorry or tank-lorries has been mentioned, the same applies to Petroleum Product tank-lorries. 6. No unsolicited correspondence/ queries will be entertained while the award of the transport contract is under review/ consideration. BPCL regret their inability to answer individual queries. 7. If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the tender/ terminate the transportation contract and reserves all rights and remedies available. 8. Each page of the tender document including notice inviting tender enclosed along with the tender document must be signed by the legally authorized representative of the tenderer, with the official seal, for having fully read and understood the terms and conditions of this tender. 9. The terms BPC, BPCL, The Corporation, The Company and Bharat Petroleum Corporation Limited in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 and its successors and assigns. J. DUPLICATION OF CLAUSE: Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the clause, which is beneficial to BPCL, will be considered applicable at the time of any dispute. Signed in acceptance of the aforesaid tender conditions. Date: Signature Name of Person signing 11

Tenderer's Name and address with seal *********************** 12

BHARAT PETROLEUM CORPORATION LTD. TENDER FOR ROAD TRANSPORTATION OF BULK LUBES/BASE OIL TENDER NO. BPC /WR/ BULK LUBES / 2010 2012. GUIDELINES FOR TENDERERS 1. GENERAL: 1.1 This tender is for road transportation of bulk petroleum products like Base Oil/ Bulk Lubricant oils etc. from Bulk Oil Storage & handling locations/ Installations/ TOP/ Depots within state of West-Bengal to various depots/locations all over India. The tender documents are issued in two (2) sets; one (1) set duly filled is to be submitted and other set duly filled to be retained by the tenderer. 1.2 Each page of the tender document is to be signed by the legally authorized representative of the tenderer, with the official seal. 1.3 If additional sheets are required, photocopies may be used and pasted accordingly. The number of such extra pages used should be indicated in the Covering letter (ref item 2.1 hereafter). 1.4 All entries are to be made in ink. No over-writing/ whitening/ erasing out is permitted. All corrections are to be made by scoring out incorrect entries, and such corrections are to be signed by the legally authorized representative of the tenderer, with the official seal. Tenders deficient in this respect are liable to be rejected. 1.5 For any further clarification, concerned officials at BPCL Budge Budge Plant or BPCL Regional Office at Kolkata which is the tender document issuing office may be contacted. 1.6 Copies of Registration Certificate, Certificate of Fitness, Calibration certificate etc, enclosed along with Tender Form, shall be attested by a Gazetted Officer. 1.7 This tender is in two (2) bid system, comprising of Technical Bid and Price Bid. 1.8 The tender document shall be obtained by the party in its own name as the tender document is not transferable. The tender documents will be supplied only against specific written request from the party. 1.9 The tender should be strictly in line with the terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender documents shall be summarily rejected. (i) COUNTER TERMS AND CONDITIONS WILL NOT BE ACCEPTED. (ii) OVERWRITING WILL NOT BE ACCEPTED 2.0 Tender terms and conditions mentioned in the tender should be carefully studied. All the pages of the tender document including Draft Agreement form, Draft bank guarantee, terms & conditions should be signed and rubber stamped as a token of acceptance of the terms and conditions therein and one complete set submitted to us. The other set is to be retained by the Tenderer for his/her reference/record. 2. TECHNICAL BID: 13

2.1 Covering letter listing all enclosures. 2.2 Particulars of tenderer (Attachment-1). 2.3 Particulars of tank-lorry/s offered (Attachment-2). 2.4 Details of the relationship with Directors of BPCL and Declarations I, II and III (Attachment-3). 2.5 Attested copies of caste certificate (wherever applicable) (Attachment-4). 2.6 Enclose EMD Demand Draft, which should be drawn on a scheduled Bank payable at Kolkata. If it is found that EMD paid through DD is not acceptable due to technical or any other reason, the tender will be rejected. 2.7 Attested acknowledged copy of PAN card and Ward/Circle/District where assessed to Income Tax. 2.8 Experience letter(s) from contracting company on their letterhead for transportation of Bulk petroleum products along with attested copy of contract/loi 2.9 Attested copy of previous three (3) years i.e. 08-09, 07-08, 06-07 audited annual report having total turnover equal to or more than Rs Fifty (50) Lakhs. 2.10 Attested copies of Trading License or Company Registration Certificate. 2.11 Attested copies of Partnership Deed or Certificate of Incorporation. 2.12 Attested copies of valid Registration Certificate, Insurance Policy and Calibration Certificate for each of the tank-lorries offered. 2.13 Bulk Lubricants/Base Oils Road Transportation Agreement (Attachment-5). 2.14 Bank Guarantee for Security Deposit (Attachment-6). 2.15 Power of Attorney (Attachment-7). 2.16 Undertaking for the tank-lorries offered (Attachment-8). 2.17 Enclose DD of Rs. Five thousand (5,000) for tender documents downloaded from website or photocopy of the cash receipt for payment for purchase of tender document. The DD should be drawn on a scheduled Bank payable at Kolkata. If it is found that DD is dishonored due to technical or any other reason, the tender will be rejected. All the documents of the Technical bid are to be submitted separately in the envelope marked A. The envelope is to be closed and sealed by gum/ adhesive. 3. PRICE BID: The tenderer shall quote rates for all the locations listed in Price Bid Format. Not quoting to any one of the locations as per the Price Bid Formats shall result in disqualification of the tender. All documents of the price bid/ rate schedule are to be submitted in the envelope marked B. The envelope is to be closed and sealed by gum/ adhesive. 14

IMPORTANT: a) Tenderers should not put price bid/ rate schedule document in the envelope marked A containing Technical bid. In case Price Bid is received with the technical bid, such tenders will be rejected. b) The tenderer must quote rates for all the locations listed in Price Bid Formats. Not quoting against any one or more locations as per the Price Bid Formats shall result in disqualification of the tenderer c) Both envelopes A and B should be sealed separately and are to be placed in envelope C which should be closed and sealed by gum/ adhesive and put in the designated Tender box before the closing time and date at Kolkata Regional office. 15

CATEGORY: SC/ST/GEN (Tick one) TENDER FORM (Technical Bid) TENDERER S COVERING LETTER (2.1) FROM: M/s. (Name and Address of the tenderer) To: Bharat Petroleum Corporation Ltd, Regional office Kolkata. Dear Sir, Sub: TENDER FOR ROAD TRANSPORTATION OF BULK LUBRICANTS/BASE OILS EX- Kolkata TENDER NO: BPC/ER/BULK LUBES/2010-2012. With reference to your subject tender, we confirm having carefully read, studied and understood various terms and conditions specified in the tender documents, return them duly signed and stamped in token of our acceptance of the terms and conditions specified in the tender documents. We also submit our offer duly signed in sealed envelope as per details given here under: ENVELOPE A (TECHNICAL BID): (Strike Off which ever is not applicable). 1. Covering letter listing all enclosures. - Y/N 2. Particulars of Tenderer (Attachment-1). - Y/N 3. Particulars of T/L s offered (Attachment-2). - Y/N 4. Details of relationship with Directors of BPCL & Declaration I II and III (Attachment-3). - Y/N 5. Caste certificate (wherever applicable) issued by Competent Authority as per format (Attachment-4). - Y/N 6. DD for EMD drawn on a scheduled Bank payable at the location receiving the Tender. - Y/N 7. Attested acknowledged copy of PAN card and Ward/Circle/District where assessed to Income Tax. - Y/N 8. Experience letter from contracting company on their letterhead - Y/N for transportation of Bulk petroleum products & attested copy of contract/loi 9. Attested copy of previous 3 years audited annual report having - Y/N total turnover equal to more than rupees Fifty (50) Lakhs 10. Attested copies of Trading license or Company Registration Certificate. - Y/N 11. Attested copies of Partnership Deed or Certificate Of Incorporation. - Y/N 12. Attested copies of valid Registration Certificate and Calibration Certificate for each of the tank-lorry offered. - Y/N 13. Attachment-5 i.e. specimen copy of Bulk Petroleum Products Road Transport Agreement duly filled, signed and stamped - Y/N 16

14. Attachment-6 i.e. specimen copy of Bank Guarantee for Security Deposit duly filled, signed and stamped. - Y/N 15. Power of Attorney (Attachment-7). - Y/N 16. Undertaking for the tank-lorries offered (Attachment-8). - Y/N 17. DD for tender document downloaded from website drawn on a Scheduled Bank payable at the location receiving the tender or photocopy of the cash receipt for payment for purchase of Tender document. - Y/N ENVELOPE B (PRICE BID): Price Bid - Y/N I am/ We are authorized to sign this tender as Proprietor or as per Power of Attorney issued by all other Partners/ Directors as per enclosure no. Date: Signature Name of Person signing Tenderer's Name and address with seal Thanking you, Yours Faithfully, 17

(Technical Bid) PARTICULARS OF TENDERER Sr. Description No. 1 Name of the tenderer (2.2) Attachment-1 To be Filled by Applicant 2a 2b Registered office address of the tenderer Address for correspondence 3 Phone Nos 4 Fax Nos 5 Mobile Nos 6 E-mail address 7 Status of the tenderer (Individual, Prop. firm, Partnership, Ltd. Company, Cooperative Society, Other) 8 Registration No 9 Year of establishment 10 11 12 13 14 Permanent Account No. (PAN issued by Income Tax Dept.) Whether tenderer/ Prop./ any of the Partners/ Directors are related (as defined under Companies Act 1956) to any of Directors of BPCL to which tender is being submitted. If so, name of Director of BPCL & nature of relationship. Whether the Tenderer is existing dealer/ distributor/transporter of BPCL/KRL/IOCL/HPCL then give details along with code allotted We confirm that neither tenderer nor any tank-lorry offered is blacklisted by BPCL/KRL/IOCL/HPCL/IBP. We confirm that neither tenderer nor any TANK LORRY offered are involved in any litigation, which would render the performance of any obligation impossible in case, the contract is awarded to us 18

15 Name of Bankers & Branch with full address: 16 Type of Account & A/C. No. 17 18 19 20 21 Names (s) of Person(s) Operating the bank account Furnish Power of Attorney / Board Resolution authorizing the Undersigned to represent the Firm and sign and commit on behalf of the firm. No. of tank tank lorries offered under this tender furnish details (MINIMUM EIGHT (8) TANKLORRIES SHOULD BE OWNED BY TENDERER AND Four (4) CAN BE ATTACHED TANKLORRIES) Whether applying under SC/ ST category. Please indicate YES or NO (If YES, then Certificate from competent authority supporting their claim to be submitted as per Attachment 4) Attach copies of previous three (3) years i.e. 08-09, 07-08, 06-07 audited Annual report of the firm. Owned by Tenderer Attached YES / NO We confirm that rates offered by us will remain valid for acceptance by you up to Two Hundred and forty (240) days from the opening date of the Price Bid. I / WE do hereby certify that the information as provided above is correct and true in all respects. Date: Signature Name of Person signing Tenderer's Name and address with seal 19

(2.3) Attachment -2 (Technical Bid) PARTICULARS OF TANK LORRIES OFFERED FOR TRANSPORTATION OF LUBRICANTS/BASE OIL Part A : Details of tank lorries owned by the tenderers Sr. No. RTO Registrati on No. Make & Model Engin e No. Chassis No. Capacity In KL Owned by Firm/Partn er/director /Proprietor Name of Owner Part B : Details of tank lorries Attached by the tenderer: Sr. No. RTO Registrati on No. Make & Model Engin e No. Chassis No. Capacity In KL Owned by Firm/Partn er/director /Proprietor Name of Owner Age (Year of Model/Make in the RC book) of tank-lorry offered and taken in the contract should comply with Govt. directives from time to time. It should comply with RTO regulations of States in which the same is used. Any revision in the change of RTO regulation enforced by the state is to be strictly adhered by the transporter. Signature Name of Person signing Tenderer's Name and address with seal 20

DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS. (2.4) Attachment-3 (Technical Bid) 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 BPCL: YES/ NO 4. If YES to 3, State the name(s) of BPCL Director(s) and Tenderer s relationship with him / her. Strike off whichever is not applicable. Date: Signature Name of Person signing Tenderer's Name and address with seal PART B (Applicable where the Tenderer is a partnership firm) 1. Name of the partnership firm responding to the tender: 2. Address: 3. Names of partners: 4. State whether any of the partner of the tenderer is a Director of BPCL: Yes/No 5. If Yes to (4) state the name(s) of the BPCL Director(s). 6. State whether any of the partner of the tenderer is related to any of the Director(s) of BPCL: Yes/No 7 If Yes to (6) state the name(s) of BPCL Director(s) & the concerned partner s (of the tenderer) relationship with him/ her. Strike off whichever is not applicable. Date: Signature Name of Person signing Tenderer's Name and address with seal 21

PART C (Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative Society) 1. Name of the Company/ Co-operative Society responding the tender: 2. Address of: (a) Registered Office: (b) Principal Office: 3. State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society. 4. Names of Directors of the Company/ Co-operative Society 5. State whether any of the Director of the Tenderer/ Company is a Director of BPCL: Yes/No 6. If Yes to (5) state the name(s) of the BPCL Director(s). 7. State whether any of the Director of the Tenderer Company is related to any of the Director(s) of BPCL: Yes/No 8. If Yes to (7) state the name(s) of BPCL Director(s) & the concerned Director s (of the tenderer Co.) relationship with him/her. Strike out whichever is not applicable. Date: Signature Name of Person signing Tenderer's Name and address with seal 22

DECLARATION I We declare that we have complied with and have not violated any clause of the standard Agreement. Date: Signature Name of Person signing Tenderer's Name and address with seal DECLARATION II We declare that we do not have any employee who is related to any officer of BPCL. And its subsidiaries. OR We have the following employees working with us who are relatives of the officers of BPCL and its subsidiaries. Name of the Employee of the Carrier Name and Designation of the Officer of BPCL/ IOC/ HPC / IBP/NRL/Central/ State Government and relation. 1. 2. Strike off whichever is not applicable. Date: Signature Name of Person signing Tenderer's Name and address with seal DECLARATION III The Tenderer is required to state whether he/ she is a relative of any Director of BPCL or the tenderer is a firm in which Director of BPCL or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which Director of BPCL is member or Director, (the list of relative(s) for this purpose is given below) N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of BPCL and its subsidiaries, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of BPCL and its subsidiaries. Date: Signature Name of Person signing Tenderer's Name and address with seal 23

LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The one is related to the other in the manner indicated below. 1. Father 2. Mother (including Step Mother) 3. Son (including Step Son) 4. Son s Wife 5. Daughter (including Step Daughter) 6. Father s Father 7. Father s Mother 8. Mother s Mother 9. Mother s Father 10. Son s Son 11. Son s Son s Wife 12. Son s Daughter 13. Son s Daughter s Husband 14. Daughter s Husband 15. Daughter s Son 16. Daughter s Son s Wife 17. Daughter s Daughter 18. Daughter s Daughter s Husband 19. Brother (including Step Brother) 20. Brother s Wife 21. Sister (including Step Sister) 22. Sister s Husband ************ 24

(2.5) Attachment-4 (Technical Bid) SC/ST CERTIFICATE A tenderer who claims to belong to one of the Scheduled Castes / Scheduled tribes should submit in support of his claim a certificate issued within one year preceding the date of the tender opening for the Bulk Petroleum Products transportation contract, in original, with a copy thereof, in the form enclosed from the District Officer or the sub-divisional Officer or any other Officer as indicated in the enclosed form, of the District in which his parents (or surviving parents) ordinarily reside who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificates should be of the district in which the tenderer himself ordinarily resides otherwise than for the purpose of his own education. The enclosed format is to be used for the purpose. 25

Annexure to Attachment - 4 Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled tribe in support of his/her claim. FORM OF CASTE CERTIFICATE 1. This is to certify that Shri / Smt / Kumari* son /daughter* of.of village / town* in district / division* of the State / Union Territory* belongs to the..caste / tribe* which is recognized as Scheduled Caste / Scheduled tribe* under: @The Constitution (Scheduled Castes) Order, 1950 @The Constitution (Scheduled Tribes) Order, 1950 @The Constitution (Scheduled Castes) (Union Territories) Order, 1951 @The Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (As amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, The Bombay Reorganization Act, 1960. The Punjab Reorganization Act, 1966, the State of Himachal Pr. Act. 1970, the North Eastern Areas (Reorganization) Act, 1971 and Scheduled tribes Orders (Amendment) Act, 1976.) @The Constitution (Jammu & Kashmir) Scheduled Castes Order, 1956 @The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959 @The Constitution (Dadra & Nagar Haveli) Scheduled Castes Order, 1962 @The Constitution (Dadra & Nagar Haveli) Scheduled Tribes Order, 1962 @The Constitution (Pondicherry) Scheduled Castes Order, 1964 @The Constitution Scheduled Tribes (U.P.) Order, 1967 @The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @The Constitution (Goa, Daman & Diu) Scheduled Tribes Order, 1968 @The Constitution (Nagaland) Scheduled Tribes Order, 1970 @The Constitution (Sikkim) Scheduled Castes Order, 1978 @The Constitution (Sikkim) Scheduled Tribes Order, 1978 2. Application in the case of Scheduled Castes/Scheduled Tribe persons who have migrated from one State / U.T.: This certificate is issued on the basis of the Scheduled Castes / Scheduled tribe Certificate issued to Shri / Smt*.father / mother of Shri / Smt / Kumari* in District / Division.of the State / Union Territory* who belong to the.. Caste / tribe* which is recognized as a Scheduled Caste / Scheduled tribe* in the State / Union Territory*..issued by the.. (Name of prescribed authority) vide their no..dated.. 3. Shri / Smt /Kumari*.and/or his / her* family ordinarily reside(s) in village / town of..district / Division of the State / Union territory of.. Signature Place State/Union Territory Date Designation... 26

(With seal of Office) * Please delete the words, which are not applicable. @ Please quote specific Presidential Order. 2/ 3 Delete the paragraph, which is not applicable. Note: The term ordinarily reside(s) used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950. List of authorities empowered to issue Scheduled Caste/ Scheduled Tribe Certificates: 1. District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Deputy Collector/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 (Lakshadweep Islands). 27

(2.13) Attachment-5 Technical Bid BULK PETROLEM PRODUCTS ROAD TRANSPORT AGREEMENT THIS AGREEMENT made day of 2010 between Bharat Petroleum Corporation Limited a Company registered under Indian Companies Act, 1913 having registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai 400 001 hereinafter called `THE COMPANY' (which expression unless repugnant to the context shall include its successors and assigns) of the ONE PART and M/S a Proprietorship / Partnership Firm / Private Limited / Limited Company having registered office / place of business at hereinafter called THE CARRIER or Carrier (which expression shall be deemed to include legal heirs and executors of the present constituents in case of firm or official liquidator in case of Company) of the OTHER PART. WHEREAS the BPCL is engaged in refining Crude oil and storing, distributing and selling of the petroleum products and for this purpose require tank-lorries for Road transportation of bulk petroleum products from their various storage points to customers / other storage points. WHEREAS the Carrier is engaged in the business of operating tank-lorries and is interested in above transportation job of the BPCL. Now therefore, it is agreed between the parties as follows: - 1. The Carrier will provide the BPCL with no. of tank-lorries for transporting petroleum products as per LOI / Work Order issued by BPCL. Carrier has certified that it is the owner and / or sufficiently entitled to operate these tanklorries throughout the Agreement period and these tank-lorries are not under Agreement with any other party. a) The Carriers shall transport Lube Oils/Base Oils in Tank Lorries having payload of not less than 12 kl. and having valid permits /licenses owned / attached to them. b) The vehicles will be maintained by the Carriers in sound mechanical conditions at all times & the vehicle will have adequate staff provided by the Carriers for efficient operation. The tank lorries should be properly calibrated/stamped under the Weights and Measures Act and any charges/expenses in respect thereof will be borne by the Carriers. The Carriers will ensure that all vehicles used for the BPCL s work will always hold valid certificates from the Weights and Measures authorities. The tank lorries will be calibrated/re-calibrated as required under the relevant laws/rules/regulations as applicable from time to time. All calibration charges shall be borne by the Carrier. c) The tank lorries should have provision for sealing with bullet type seals at all top dome covers, Master valve box and discharge points to guard against any malpractices. 28