Telephone: 033-24705036 From: BPCL, Budge Budge Installation Telegram : instalket 3, Graham Road, Budge Budge, Kol - 700137 Telex/Fax: 2480-0762 Date: 05.04.2010 Email: mullickr@bharatpetroleum.in Our Ref. BGB / ENGG./LOBP/9 Tender No : DSP - 1 / SCRAP MS BRL Closing Date / Time : 15.04.2010/ 11.00 AM Dear Sir/s, Subject: TENDER FOR SALE OF EMPTY STEEL (MS) SCRAP BARRELS,MIX SCRAP, HDPE SCRAP ON AS IS WHERE IS BASIS AT BPCL BUDGE BUDGE INSTALLATION We shall be glad to receive your highest quotation for the above work. We have enclosed complete tender document. Your quotation duly sealed in envelope, together with copy of all the above documents of the tender, Annexure I VII, duly signed & stamped on each page, should be submitted in the attached envelope duly sealed. It should be sent and ensured to drop in the tender box kept in the entrance at Lube Plant office ( 1 st Floor ) of Budge Budge Installation, if sent by registered post or courier it should reach us before the closing date / time indicated on top of this letter. Your Bank Draft for the requisite Tender Document Fee and Earnest Money deposit should be forwarded along with the above documents (refer clause 6 in terms and conditions). Bids of the tender will be opened on 15.04.2010 at 11.30 AM by BPCL in presence of all the respondent parties. You are requested to attend bid opening meeting on this date at our budge Budge Budge Installation. Please confirm well within time that you will be able to attend the above meeting. Please ensure that your name of any other identification mark does not appear on the envelope as otherwise your Tender is liable to be disqualified. We request you to carefully go through all Tender documents before submitting your quotations. Any clarification regarding the work can be had from our Plant Manager on any working day during normal working hours. Yours faithfully, For BHARAT PETROLEUM CORPORATION LIMITED. Encl.: as above.. Regd. Office: BHARAT BHAVAN, 4&6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI 400001.
ANNEXURE- I Ref: BB/Eng./LOBP/9 Dated : 05.04.2010 Tender No. : DSP - 1/ SCRAP MS BRL Due Date: 15.04.2010 at 11 AM TENDER FOR SALE OF EMPTY STEEL (MS) SCRAP BARRELS,MIX SCRAP, HDPE SCRAP ON AS IS WHERE IS BASIS AT BPCL BUDGE BUDGE INSTALLATION INTRODUCTION BPCL Budge Budge Installation ( LOBP ) propose to dispose off the following miscellaneous Steel (MS) Scrap empty barrels, Mix Scrap, HDPE Scrap by way of selling on as is where is available for disposal at Budge Budge Installation, 3, Graham Road, Budge Budge, Kolkata 700137, West Bengal to highest bidder quoting highest value for the material. Actual quantity can vary. The type of barrels available is as follows (approximate quantity available): 1. Light duty empty (20 gauge) MS oil barrels: approximate quantity 4000 numbers. 2. Heavy duty empty (18 gauge) MS oil barrels: approximate quantity 12000 numbers. 3. HDPE scrap barrels: 100 Nos 4. HDPE scrap containers: 5 MT 5. Scrap heavily rusted metal barrels 2.0 Ton ( approx ) 6. Scrap GCI Sheet: 2 MT 7. Misc. MS mixed scrap: 10 MT Tender document can be either obtained from following address by paying cost of tender document of Rs. 2,000 (non-refundable) in the form of DD in favour of Bharat Petroleum Corporation Limited or down loaded from site www.bharatpetroleum.com, if down loaded then the tenderer has to submit payment in the form of DD for cost of tender document along with quotation apart from EMD for the tender. TERMS & CONDITIONS 1) Contract Period will be for one year from start of the job and will automatically be over if the above quantity of all the items are exhausted. 2) Please note as per the tender condition you should have valid certificate for registration with pollution control board and should have valid license from central / state pollution control board MPCB / CPCB as on submission of the quotation for the tender. Hence we request you to submit the notarized copy of valid license from MPCB / CPCB for considering your quotation valid for this tender. 3) Also please give us your following details : 1. Name of the Party 2. Full Postal address 3. P A N No. 4. V A T TIN No. 5. C S T TIN No. 4) Party is required to bring their own registered standard truck to uplift the material, All the vehicles brought shall be approved by relevant authority. 5) All the items will be sold on as is where is and not to choose and pick basis. The materials will be available for inspection at the site from tender date to 15.04.2010 on any working day (Mon to Fri) from 1200 to 1500 hrs.
6) Tenderers must quote on the prescribed schedule of rates attached here with return the same along with one copy of the Terms & Conditions duly signed on each page as a token of acceptance of the same. No counter conditions will be accepted from the Tenderer. The validity period shall be 90 days from the due date of this Tender. The rates finalized will be valid for the period of 12 months from the date of finalization of contract or till the time quantity indicated in the tender is exhausted, whichever is earlier. 7) Each Tender shall accompany an Earnest Money Deposit (E.M.D.) of Rs. 2,50,000 /- (Rupees Two Lakhs Fifty Thousand Only). The required amount must be paid only by crossed DEMAND DRAFT/PAY ORDER issued by any Nationalised/Scheduled Bank drawn in favour of BHARAT PETROLEUM CORPORATION LIMITED payable at Kolkata. Tenders without DEMAND DRAFT against EMD as above shall be liable to be rejected out rightly. Tenders accompanied by Cheques as Earnest Money Deposit/short EMD will not be acceptable and the same shall stand rejected. The EMD amount will not be adjusted against the sale proceeds. No interest is payable for the deposit amount held by us on account of EMD. The successful tenderer will be advised in the due course, and his Earnest Money Deposit will be refunded at the end of contract period on completion of the disposal job to the full satisfaction of the Corporation, within 30 days. The EMD of the 2 nd highest bidder will be retained till payment is received from the successful bidder. The EMD will be refunded to the remaining unsuccessful tenderers in about 30 day s time from the date of opening of this tender. 8) Submission of quotation by the tenderer shall mean that, the tenderer has inspected the facilities/materials available for disposal at the site and fully satisfied himself regarding the condition, sizes, quantity, accuracy numerically and/or dimensionally etc. of the items available for sale. Loading & transportation would be on the tenderer s account. 9) The quantities shown are only indicative and BPCL does not guarantee any minimum or maximum quantities in each category. After finalizing of contract party has to enter in agreement with the Corporation which will be done by the vendor at his cost on a non-judicial stamp paper of Rs. 500 duly notarized after signing by both the parties. Depending on plan of disposal, call-ups will be given to the party and the party has to provide vehicle within 48 hours without giving any reason other that force major act. The actual quantities available at site will be delivered to the successful tenderer at the rates quoted by him. No claim will be entertained for variation in the quantities mentioned in the tender. Once material is inspected by the tenderer, the same shall be lifted by the successful tenderer from time to time with no material left over and with no complaint on account of quality of the material. 10) The offered rate should be expressed both in words & figures & where there is a difference between the two, rates written words will be taken as authentic. All corrections should be attested by full signature of the tenderer. 11) PARTIES ARE ADVISED TO QUOTE BASIC RATE IN THE QUOTATION. EXCISE DUTY, VAT, INCOME TAX AND ANY OTHER TAXES OR LEVIES AS APPLICABLE WILL BE CHARGED EXTRA. PRESENTLY FOLLOWING ARE THE DUTIES AND TAXES APPLICABLE ON BASIC COST: a. E.D: 10.3% b. VAT: 4 % c. Income Tax: 1.133% (The above rate may vary in the event of change in rules). IF PARTY S QUOTE ARE DIFFERED FROM THIS THEN BPCL WILL CALCULATE BASIC RATE WORKING FROM THE APPLICABLE TAXES & DUTIES AND PARTY S QUOTES WILL BE COMPARED. 12) Successful bidder will have to pick up the material immediately after call up is given from Budge Budge Installation. Before uplifting material party has to make Advance Payment (including VAT & Income Tax as applicable) in the form of DD drawn on a Nationalized or Scheduled bank for sufficient funds for the material to be uplifted. In case of non-completion of contract within the stipulated period, penalty @ Rs.100/- per day of delay will be charged.
13) In case the party fails to comply with the above even after two reminders, action as under will be taken by us without any recourse: a. Party s EMD will be forfeited. b. Our said Sale Letter will be treated as cancelled and we shall have the right to dispose off the materials. No claim whatsoever from the said party shall be entertained, at a latter date. c. The party may also be debarred from participation in our future tenders. 14) Successful Tenderer may please note that : a. Item once sold cannot be taken back or exchanged. Should any successful tenderer withdraw their bid either prior to our issue of acceptance letter or afterwards, we will be at liberty to resell the items to any person of our choice at the risk and cost of original successful tenderer. If the sale proceeds is more than the successful tenderer s offer, they will not be entitled for any additional realisation by the Corporation. However, if shortrealisation is there the same shall be debited to the original successful bidder. b. Resale, transfer on assigning the un-removed / un-dismantled materials to any other party will not be allowed until the materials are removed from our premises. c. All safety Regulations should be followed by the tenderer and their men while removing the items. Also the tenderer and their men will be neither allowed to carry lighters nor to smoke inside the premises. The work should be commenced only after obtaining necessary permission from the Corporation s representative. The persons employed to carry out the work should observe the Corporation s rules and regulations at the location. d. Trucks shall be placed between 8.30 a.m. to 3.00 p.m. for collection of material. Site shall be cleaned to satisfaction of BPCL representative by the bidder. e. Any injuries to workers employed by the successful tenderers while removal/transport of the items and any risks/liabilities (including under Workmen s Compensation Act, etc.) arising out of the same will be the liability of the tenderer and not of the Corporation. The tenderer should also indemnify the Corporation against all liabilities/demurrage claims arising out of non-compliance of the stipulated rules & regulations currently in force or made applicable subsequently. f. Any damage to the Corporation s /Railway s or third party s properties during removal of the items will have to be made good by the successful tenderer at their own cost. The Company reserves the right to claim from the tenderer any expenses which might have been incurred by it over and above the Earnest Money Deposit by way of restoring damages caused to properties belonging to the Corporation / Railways / third party s by the action of such tenderer or their men. 15) The Corporation reserves the right to accept or reject any tender in part or completely to suit their convenience without assigning any reasons whatsoever. 16) Tender should be submitted only if all these conditions are acceptable to the tenderer without any deviation. Tender should be submitted on or before due date & time at address mentioned below. For any clarifications/ details you may also feel free to contact the Plant Manager or concerned staff at following address/ Tel. nos.: Bharat Petroleum Corporation Limited Lube Oil Blending Plant, Budge Budge Installation, 2 Graham Road, P.O. : Budge Budge, Dist. : 24 PGS ( South) PIN : 700137 ( West Bengal ) Contact Nos : 033-24705087 Extn. No. : 4252 OR 24705036 Contact Person : Mr. Ranjan Mullick, Mgr. Engg. ( Lubes)
ANNEXURE - II ARBITRATION CLAUSE ARBITRATION & TERMINATION CLAUSE a) Any dispute or difference of any nature whatsoever may claim, cross claim, counter claim or set off of the company against the contractor or regarding any right, liability, act omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Company or of some Officer of the Company who may be nominated by the Director (Marketing). The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an Officer of the Company or that he has dealt with the matters to which the contract relates or that in the course of his duties as an Officer of the Company he had expressed views on all or any other matters in dispute or difference. In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the Director (Marketing) as aforesaid at the time of such transfer, vacation of office or inability to act may in the discretion of the Director (Marketing) designate another person to act as arbitrator in accordance with the terms of the agreement to the end and intent that the original Arbitrator shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacation of office as an officer of the company if the Director (Marketing) does not designate another person to act as arbitrator on such transfer, vacation of office or inability of original arbitrator. Such person shall be entitled to proceed with the reference from the point at which it was left by his predecessor. It is also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the company as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause. b) The award shall be made in writing and published by the Arbitrator within two years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall be writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever. c) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard to the matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and / or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration Act 1940 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him. d) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceeding shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter an issue arising out of or in relation to the agreement without seeking a formal reference of Arbitration to the Director(Marketing) for such counter-claim, cross-claim or set off and the arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing). e) The arbitrator shall be at liberty to appoint, if necessary any accountant or engineering or other technical person to assist him, and to act by the opinion so taken. f) The arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claims or cross-claims of the parties. g) The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require on or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so. h) The parties hereby agree that the courts in the city of Mumbai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement
and any award or awards made by the sole arbitrator hereunder shall be filed in the concerned courts in the city of Mumbai only. TERMINATION CLAUSE Not withstanding anything to the contrary herein contained, BPCL shall also be at liberty at its entire discretion to terminate this agreement forthwith upon or at any time after the happening of any of the following events namely: a) If you commit a delay, breach or default of any of the terms, conditions, covenants and stipulations contained herein. b) Upon death or adjudication as insolvent if you are individual (this clause is to be suitably modified if business is carried on by partnership or by limited company or by a co-operative society). c) If any attachment is levied and continued to be levied for a period of seven days upon your effects. d) If you are involved in any criminal offence relating to Moral Turpitude. e) If a receiver is appointed of any of your property or assets. f) If the License issued to you by the relevant statutory authorities is cancelled or revoked. g) If you have made default in payment of any money of the BPCL without formal approval of the BPCL in writing. h) If you fail to adhere to the instructions issued to you by the BPCL from time to time in respect of the business condition herein. i) If you resale in any form leading to duplicacy of the BPCL s package brand disposed to you. j) If the ownership / tenancy of the premises from which you are carrying on the business if transferred / terminated for any reason whatsoever. As applicable. k) If you, yourself or to your servant or agents commit or suffer to committed any act which in the opinion of the Executive Director (Lubes) of the BPCL is prejudicial to the interest or good name of BPCL or its products. Executive Director (Lubes) shall not be bound to give reasons to such decisions. l) The BPCL s right to terminate the contractual obligations under this clause shall be without prejudice to and without affecting any of its rights and remedies against you. In the event of BPCL terminating this agreement under the provisions of this clause it shall not be liable to pay for any loss or compensation in respect of such termination. Without prejudice to the foregoing provisions or anything to the contrary herein contained either or the parties hereto namely you and BPCL shall be entitled to terminate this agreement on giving 90 days written notice to the other parties without assigning any reasons for such termination.
ANNEXURE III FORCE MAJEURE CLAUSE If at any time during the continuance of the Purchase Order/ Sales order/ Letter of Intent the performance in whole or part by either party of any obligation under the Purchase Order/ Sales order/ Letter of Intent shall be prevented or delayed by reason of any war, hostility, act of public enmity, civil commotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions, strikes, lockouts or Acts of God (hereinafter referred as event), then provided notice of happening of any such event is given by either party to the other within twenty one days from the date of occurrences thereof, neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damage against the other in respect of such non-performance. Upliftment under the Purchase Order/ Sales order/ Letter of Intent shall be resumed as soon as practicable after such event has come to an end or ceased to exist and decision of Head Lubes SBU, Bharat Petroleum Corporation Ltd., as to whether the upliftment have been so resumed or not, shall be final and conclusive. Provided further that the performance in whole or part of any obligation under the contract is prevented/delayed by reason of any such event specified above for period exceeding sixty days, either party may at their option terminate the Purchase Order/ Sales order/ Letter of Intent.
ANNEXURE IV CERTIFICATE FROM SUPPLIER I certify that 1. I am not related to any of the Directors of BPCL. 2. I am not a partner of a firm in which BPCL director is also a partner. 3. I am not a partner of a firm in which any other partner is related to BPCL Director. I also certify that M/s. (name of the firm which is being considered for the contract) does not have a partner, who is a Director of BPCL or his relative. Organization Name Designation Signature & stamp /seal Date & Place
ANNEXURE - V UNDERTAKING I/We ----------------------------------------------------------------------------------------------- have quoted against Bharat Petroleum Corpn. Ltd., Budge Budge Installation, 2 Graham Road, P.O. Budge Budge, Dist. : 24 PGS ( South), PIN : 700137 ( West Bengal ), Tender No. : DSP - 1/ SCRAP MS BRL Dt. 05.04.2010 for purchase of old/damaged/rejected scrap 18 G/20G/non usable steel barrels, HDPE barrels & Containers, and MS scrap as mentioned therein on AS IS WHERE IS BASIS. I/We ----------------------------------------- also know fully well that these scrap items are rejected, damaged, oil socked, defaced and are not fit to be used for their intended purpose. In view of the above, I/we ---------------------------- give the following undertaking :- 1. As these scrap itmes have deteriorated substantially, I/we ------------------------------- will not make any claim for compensation from M/s. Bharat Petroleum Corporation Limited towards the losses (if any) incurred due to handling /storage of these scrap items during the pendency of the Annual Rate Contract upliftment from BPCL s Budge Budge Installation. 2. None of these old/damaged/rejected scrap items will be re-sold by us in the brand name of M/s Bharat Petroleum Corporation Limited as such or in any other form. 3. I/we shall at all times keep the Bharat Petroleum Corporation Ltd. indemnified from all losses suits, damages, cost, charges, expenses, claims and demand whatsoever, to which the Bharat Petroleum Corporation Ltd. may become subject to or sue-able on account of any claim put forward by any party due to non compliance of this Undertaking and said agreement. 4. I/we also agree to indemnify Bharat Petroleum Corporation Ltd., if they incur any expenses for defending their case against any claim lodged by any party due to deponent s activity. DEPONENT(S) Name & Address with Rubber Stamp
ANNEXURE - VI (To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore) INTEGRITY PACT Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And M/s..hereinafter referred to as "The Bidder/Contractor/Supplier" Preamble The Principal intends to award, under laid down organization procedures, contract/s for..the Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 - Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. c) The Principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder / Contractor/Supplier (1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract. b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. (2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 - Disqualification from tender process and exclusion from future contracts If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice. (4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 - Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved. Section 5 - Previous Transgression (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors (1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.
Section 7 Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 - Independent External Monitors (1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural.
Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. For the Principal For the Bidder/Contractor/Supplier Place Witness 1 : (Signature/Name/Address) Date. Witness 2 : (Signature/Name/Address)
ANNEXURE- VII Ref: BB/Eng./LOBP/9 Dated : 05.04.2010 Tender No. : DSP - 1/ SCRAP MS BRL Due Date: 15.04.2010 at 11 AM TENDER FOR SALE OF EMPTY STEEL (MS) SCRAP BARRELS,MIX SCRAP, HDPE SCRAP ON AS IS WHERE IS BASIS AT BPCL BUDGE BUDGE INSTALLATION SCHEDULE OF RATES Sr. No. 1 2 Description Aprox Qty Unit Rate Rs. per Item Purchase of empty steel scrap barrels (Light duty 20 gauge) 4000 Nos. Purchase of empty steel scrap barrels (Heavy duty 18 gauge) 12000 Nos. Amount in Rs. 3 HDPE scrap barrels 100 Nos. 4 HDPE scrap containers 5.0 MT 5 Scrap / Damaged heavily rusted barrels 2.0 MT 6 Scrap GCI Sheet 2.0 MT 7 Misc. MS mixed scrap 10.0 MT Total E.D. @ 10.3% Vat 4 % Sub Total TDS 1.133% Total Total In words SIGNATURE OF THE TENDERER DATE: NAME & ADDRESS OF THE TENDERER: SEAL OF THE TENDERER: