Академический Документы
Профессиональный Документы
Культура Документы
: UPSO-II/OPS/POL-MSHSD/BULK/MATHURA/2015-20/02
Due Date & Time: 27.02.2015 &
11:00 Hrs
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SIGNATURE OF TENDERER
SEAL
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DESCRIPTION
PAGE NO.
11
12
13
14
15
SIGNATURE OF TENDERER
SEAL
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Address of location
Mathura
Marketing
Terminal
(*) The estimated Tank Trucks requirement is indicative and is subject to change.
II.
TENDER DOCUMENTS:
Particulars
Start date & time for publishing the tender documents
Closing Date and time for tender
Date and Time of Pre-Bid meeting
Opening date & time for the tender documents
III.
@
@
@
@
1100
1100
1430
1130
hours
hours
hours
hours
Earnest Money Deposit (EMD) of Rs. 5000/- per TT (Rupees five thousand only per TT)
in the form of DD/ Pay Order is to be submitted in original and dropped in tender box
kept in our office at address given below by the due date and time of tender i.e. 11:00
hrs on 27.02.2015
SIGNATURE OF TENDERER
SEAL
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Tenderers not paying EMD before/on due date of submission of bid will be
disqualified.
Bidder is also required to upload the scan copy of EMD (DD/Pay Order) along with the
tender
IV.
1.
The tenderer shall submit separate tenders for each location for which tenderer
wishes to offer Tank Trucks.
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 on the closing date of tender
submission.
4 a.
Owned Attached
Minimum
3
2
4
2
4
3
5
3
5
4
and so on. The offer of additional attached tank trucks not meeting the above
criteria, shall not be considered. The maximum number of TTs that can be offered
to a transporter (other than dealer/consortium for own supplies) is 21 TTs. (This
must not be more than 10% of the TT requirement of the location).
b
RO Dealer/ Direct Customer may offer tank trucks (any number of TTs, i.e one or
more) as per requirement for their own supplies only and all such tank truck should
be owned by the RO Dealer/ Direct Customer.
SIGNATURE OF TENDERER
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c.
RO Dealer, who owns tank truck/s and has part utilization of offered tank truck/s
considering own supplies, can form consortium with only two other IOC RO dealers
who are not having tank trucks and in that event specific terms mentioned in this
tender document shall be applicable.
d.
RO dealer desirous to offer tank trucks more than their own requirement shall fulfill
the norms of minimum offer of tank trucks and minimum owned tank trucks as per
clause 4 (a) above. These RO dealers shall earmark the owned tank trucks as per
their requirement for their own supplies and these tank trucks shall not be used for
other transportation work. In case the RO dealer not earmarking tank trucks for their
own supplies, the supplies to their retail outlet shall be made at the discretion of
IOC. These RO dealers shall be evaluated as general tenderer. SD will be as
applicable to General Transporters and evaluation will be based on relevant clause
of Evaluation of Tenderers
e.
The owned tank trucks offered by the tenderer should be in their name i.e. Firm or
Partner or Company or Proprietor. In case of partnership firm participating in this
tender, the formation of such partnership firm shall not be later than date
29.01.2015. The tender submitted by the partnership firm formed later than this date
shall be rejected. The partnership firm should be registered. Un-registered
partnership firms will not be considered and are liable to be rejected.
5.
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/ Commercial Bid.
7.
The tenderers are advised to carefully go through the following and comply:
a. Terms and Conditions of the tender document.
b. Bulk Petroleum Road Transportation agreement
c. Instructions for bidders participating in e-tenders.
8.
The tenderers shall, while quoting the rates for transportation, take into
consideration the provisions of the Carriage by Road Act, 2007 and rules thereto
and the hazardous nature of the POL products and the liability to pay the loss for
non delivery/damage to the product at higher risk rate.
9.
10.
Anti-Lock Braking System: Undertaking that TT will be fit with Anti Lock Braking
System (ABS) conforming to IS:11852:2003 on issuance of LOI, before issuance of
Work Order.
SIGNATURE OF TENDERER
SEAL
11.
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(A) SELECTION CRITERIA: Selection of vendor [1 No; i.e. L-1 (for 100% Qty.)] will be
based on lowest financial outgo of the Corporation over the period of contract;
and also as described below; under (B-1), (B-2) and (C).
(B-1) In line with Public Procurement policy for Micro and Small Enterprises (MSEs)
order 2012, 20 % of the total quantity shall be earmarked for procurement from
MSEs, with a sub target of 20% (i.e. 4 % out of 20 %) shall be further earmarked
for procurement from MSEs owned by Scheduled Caste or the Scheduled Tribe
Entrepreneurs. Provided that, in the event of failure of such Micro and Small
Enterprises to participate in tender process or meet tender requirements and L-1
price, 4 % sub-target for procurement earmarked for Micro and Small Enterprises
owned by Scheduled Caste or Scheduled Tribe entrepreneurs shall be met from
other Micro and Small Enterprises.
(B-2)The above provision will be subject to MSEs quoting price within price band (L1+15%); i.e. L-1 plus 15
% and bringing down their price to L-1 in a situation
where the L-1 price is from someone other than
an MSEs. In case of more than
one such MSEs, the supply shall be shared proportionately from the MSEs
party.
Necessary certificate issued by Authorized body under the Ministry of Micro, Small &
Medium Enterprises shall be valid as on the date of opening of the tender. All the
technical specifications / techno commercial terms and conditions and the pre
qualification criteria are also to be fulfilled by the MSEs.
In the event of failure of such Micro and Small Enterprises to participate in tender
process or meet tender requirements and L-1 price, the total quantity shall be given
to non MSE L-1 bidder.
Clarifications if any, on this matter is to be obtained from our office.
(C)
In case of situation (B-1) and (B-2) above, bifurcating of 20% quantity; will be
allocated out of 100% of the tendered qty. In such a situation, IOCL shall place two
separate Pos (one P. O. each on L-1, Non-MSE-Vendor for 80% of the tendered
quantity and another P. O. on MSE-Vendor falling in the Price Band of (L-1+15%);
i.e. L-1 plus 15 % and also subject to bringing down their price to L-1; for the
remaining 20% of the tendered quantity.)
In case of more than one MSE-Vendor falling in the Price Band of (L-1+15%); i.e. L-1
plus 15 % and also subject to bringing down their price to L-1; the supply shall be
shared proportionately from the earmarked quantity, as described in (B-2) above. In
such a situation, additional P.Os shall be placed by IOCL.
Further, it is also to be noted that in case of MSEs owned by Scheduled Caste or the
Scheduled Tribe Entrepreneurs, IOCL shall place an additional P.O. on MSE-SC-ST.
SIGNATURE OF TENDERER
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However, qualifying terms and conditions for placement of P.O. and the quantity
allocation shall be as described in (B-1) and (B-2) above.
It is to be noted that choice of delivery locations will not be given to MSE party
allocated 20 % of the tendered quantity vide purchase preference clause.
V.
RESERVATION:
The provision of reservation shall be 15% (fifteen percent) & 7% (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:
1. The Technical Bids of the tender shall be opened as per the schedule given in the eTender.
2. 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.
3. 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.
4. We request you to submit your lowest percentage bid for the transportation
described herein, strictly in line with attached tender document.
5. Your offer complete in all respects must be submitted on or before 27.02.2015 at
11:00 HRS hrs in line with the instructions given using own/authorized class III
digital signature on our website address : https//iocletenders.gov.in.
6. The Tender Envelope containing EMD instrument must be superscribed duly
indicating the tender number, due date and time of opening, name of work
tendered, address of Tenderer.
7. The Corporation will not be responsible for postal delays in dispatch and receipt of
EMD instrument.
8. Bidder is advised to visit the SO/Location falling under the corresponding State office
for which bid is submitted and familiarize himself of the existing facilities &
environment, and shall collect all other information which he may require for
preparing and submitting the bid and entering into the contract. Claims & objections
due to ignorance of existing conditions or inadequacy of information will not be
considered after submission of the bid and during implementation.
SIGNATURE OF TENDERER
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9. Further, bidder shall give an undertaking on their letter head that the content of the
bidding document has not been altered or modified. Any change in bid document or
conditional bid is liable to be summarily rejected.
10. Bids in physical form will not be acceptable. Bidder(s) are advised to quote strictly as
per terms and conditions of the tender documents for e-bidding through IOCL Etender portal https://iocletenders.gov.in
Any query with regard to non-issuance of the tender documents or rejection of the
tender may be forwarded to State head, GM, UPSO-II, sajjankumar@indianoil.in, Indian
Yours faithfully,
For Indian Oil Corporation Limited,
SIGNATURE OF TENDERER
SEAL
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Late and delayed Bids / Offers after due date / time shall not be permitted in Etendering system. No bid can be submitted after the last date and time of
submission has reached. (However if bidder intends to revise the bid already
submitted, they may change / revise the same on or before the last date and
time of submission of bid). The system time (IST) that will be displayed on etendering web page shall be the reference time and no other time shall be taken
into cognizance.
ii) Bidders are advised in their own interest to ensure that bids are uploaded in etendering system well before the closing date and time of bid.
iii) No bid can be modified after the dead line for submission of bids.
iv) No Manual Bids / Offers along with electronic Bids / Offers shall be permitted.
What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily identifies a
unique sender. The objective of digital signature is to guarantee that the individual sending
the message is who he or she really claims to be just like the written signature. The
Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying
Authorities (CA) who in turn allot on a regular basis Digital Certificates, Documents which
are signed digitally are legally valid documents as per the Indian IT Act (2000).
SIGNATURE OF TENDERER
SEAL
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SIGNATURE OF TENDERER
SEAL
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Note: Bidders are requested to go through the Bidders Manual Kit available in
the homepage of the e-tendering portal i.e. https://iocletenders.gov.in to have a clear
understanding
Y
Y
Y
Y
Y
/
/
/
/
/
N
N
N
N
N
Y / N
Y / N
Y / N
Y / N
Y / N
Y / N
Y / N
Y / N
SIGNATURE OF TENDERER
SEAL
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14
15
16
17
18
19
20
21
22
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Y / N
Y/N
Y / N
Y / N
Y / N
Y / N
Y/N
Y/N
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. __________
Place:
Thanking you,
Yours Faithfully,
Date:
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal_________________
SIGNATURE OF TENDERER
SEAL
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PARTICULARS OF TENDERER
1
Registered office
address (proof of address
to be submitted):
Address for
correspondence:
Contact Details:
Phone:
Email:
Fax:
Mobile:
o Individual
o Partnership
o Co-operative Society
7.
o Proprietor
o Limited Company
o Others (Pl. specify)
Year of establishment:
SIGNATURE OF TENDERER
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S.N.
Name
Status
8.
Category:
a. (Please tick one *)
b. (Please tick one *)
General
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RO Dealer/ Customer
For own supply only.
Tribe
* General Tenderer
11
13.
Date
Rs.
Bank
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.
....
SIGNATURE OF TENDERER
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14.
Whether the tenderer is existing dealer/ customer of IOC. If so, enclose a letter from
concerned Divisional Manager, incorporating SAP code and name of the proprietor/
partner/s.
15
We confirm that neither tenderer nor any Tank Truck (TT) offered are blacklisted by
any oil company as on due date of tender (closing).
16.
We confirm that neither tenderer nor any Tank Truck offered are convicted as on
due date of tender (closing), which would render the performance of any obligation
impossible in case, the contract is awarded to us.
17.
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.
Place:
Date:
Signature____________________
Name of Person signing____________________
Tenderer's Name & Address with seal __________________________
SIGNATURE OF TENDERER
SEAL
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RTO
Registration
No.
Age of TT
Offered
from date of
manufacture
Engine
No.
Chassis No.
Name of TT
Owner
Owned by
Tenderer or
Attached
SIGNATURE OF TENDERER
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RTO
Registration
No.
Age of TT
Offered
from date of
manufacture
Engine
No.
Chassis No.
Capacity
in KL
Name of TT
Owner
Owned by
Tenderer or
Attached
Only Diesel engine driven TTs fitted with ABS shall be allowed.
TTs offered should be compliant to Motor Vehicle act regulations.
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.
Age of Tank Truck offered should not exceed 15 years on the closing date of tender
submission.
Registration numbers of tank trucks earmarked for their own supplies by RO dealer.
..
Place:____________
Date:_____________
Signature___________________
Name of Person signing____________________
Tenderer's Name and address with seal _______________________
SIGNATURE OF TENDERER
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GENERAL:
1.1
1.7
This tender is being invited for road transportation of bulk petroleum products (MS/
HSD/ Branded fuels etc.) from bulk oil storage & handling locations in the state of
Uttarpradesh.
Each page of the tender document is to be signed by the legally authorized
representative of the tenderer, with the official seal.
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.
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.
For any further clarification, concerned officials at IOC State Office or tender
document issuing offices may be contacted.
Copies of Registration Certificate, CCE License etc, enclosed along with Tender Form,
shall be self certified by the tenderers and Notarized.
This tender is an e-tender in 2 bid system, comprising of Technical Bid and Price Bid.
2.
TECHNICAL BID:
1.2
1.3
1.4
1.5
1.6
2.1
2.2
2.3
2.4
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2.19 Undertaking that, all tank trucks offered for award of work order on issuance of
LOI, shall be fitted with Anti-Lock Braking System conforming to IS:11852:2003
(part 9).
3.
PRICE BID:
Percentage has to be quoted by the bidder in the relevant portion of the price bid of the
tender document only and nowhere else.
SIGNATURE OF TENDERER
SEAL
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Attachment 1
(On Non-Judicial Stamp Paper as prescribed in the respective State)
2.
3.
SEAL
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Place:
Date:
Signature____________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________
SIGNATURE OF TENDERER
SEAL
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Attachment-2
(On Non-Judicial Stamp Paper 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.
DEPONENT
VERIFICATION
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.
DEPONENT
Verified at _____________________ on ______________________________
Notary Public
SIGNATURE OF TENDERER
SEAL
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Attachment-3
Sole Proprietor
Partnership Firm
Company Private / Public / Co- operative Society.
PART A
PART B
PART -- C
PART A
(Applicable where Tenderer is Sole Proprietor)
1.
2.
3.
4.
Name:
Address:
State whether tenderer is related to any of the Director(s) of IOCL: YES / NO
If YES to 3, State the name(s) of IOCL Director(s) and Tenderers relationship with
him / her.
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________
PART B
(Applicable where the Tenderer is a partnership firm)
1.
2.
3.
4.
5.
6.
7.
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________
SIGNATURE OF TENDERER
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PART C
(Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative Society)
1.
2.
Address of:
3.
4.
5.
6.
7.
7.
State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society.
Names of Directors of the Company/ Co-operative Society
State whether any of the Director Of the Tenderer/ Company is a Director of IOCL:
Yes/No
If Yes to (5) state the name(s) of the IOCL Director(s).
State whether any of the Director of the Tenderer Company is related to any of the
Director(s) of IOCL:
Yes/No
If Yes to (7) state the name(s) of IOCL Director(s) & the concerned Directors (of
the tenderer Co.) relationship with him/her.
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.
Name of the Employee
of the Contractor
SEAL
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1. ___________________
2. ___________________
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_____________________________
_____________________________
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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Father
Mother (including Step Mother)
Son (including Step Son)
Sons Wife
Daughter (including Step Daughter)
Fathers Father
Fathers Mother
Mothers Mother
Mothers Father
Sons Son
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
SIGNATURE OF TENDERER
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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.
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* 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 /
SIGNATURE OF TENDERER
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3.
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PlaceState/Union Territory
Date
Signature
Designation...
(With seal of Office)
2.
3.
4.
5.
SIGNATURE OF TENDERER
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Attachment 5
(On Non-Judicial Stamp Paper as prescribed in the respective State)
GENERAL IRREVOCABLE POWER OF ATTORNEY
We, the undersigned (1) Shri ___________________ (2) Shri _______________________ (3) Shri
___________________ all residing at _________________ the Partners / Directors of M/S
__________________________ having its registered office at _____________________ do hereby
nominate, authorize and appoint Shri ___________________ & Shri _____________________ who
are our ----------------- 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.
ii)
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.
iii)
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.
iv)
To do all acts, deeds, as may be necessary for and incidental to the execution of proper
performance of the said transport contract agreement with 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
the within named partners/
Directors of M/S _____________
1) Shri___________________
2) Shri___________________
3) Shri___________________
Before me.
Notary public
(Notary's Stamp)
SIGNATURE OF TENDERER
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Attachment- 6
(On Non-Judicial Stamp Paper as prescribed in the respective State)
(Tenderer shall enclose all undertakings given by each member of the consortium. The total
number of consortium members limited to Maximum Three i.e Self + Two other ROs)
2.
I/ We, along with the following other RO dealers have formed consortium of RO
dealers to take POL supplies from IOC in tank trucks owned by RO dealer M/S.
_________________________. This consortium shall be valid for entire contract
period of POL transport contract.
S.N.
(i)
(ii)
Name of RO Dealer
RO Location
3.
4.
5.
I/ We shall not demand supplies to our aforesaid retail outlet thru any other tank
trucks during the period of this contract. In case of any exigency, we shall give
proper intimation for arrangement of supplies in any other tank truck temporarily
which may be permitted at its sole discretion of IOC subject to any other condition
prescribed by IOC.
Place:
Date:
Signature___________________
Name of Person signing___________________
Name of Retail outlet of consortium with address & seal______
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Attachment- 7
(On Non-Judicial Stamp Paper as prescribed in the respective State)
BANK GUARANTEE
1.
In consideration of IOC having its registered office at at G-9, Ali Yavar Jung Marg,
Bandra (E), Mumbai- 400 051 (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.
3.
4.
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6.
This guarantee shall not be discharged due to the change in the constitution of the
Bank or the Carrier(s).
7.
For __________________________
(Indicate name of the Bank)
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A.
GENERAL:
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 & 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
tenderers part entitling IOC to all rights and remedies available thereof including
termination of contract.
2.
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:
Negotiate with any or all tenderers,
Divide the work among contractor(s),
Reject any or all tenders either in full or in part,
Assign the offered and accepted Tank Trucks to any of the contracts, and
Engage additional contractors/ Tank Trucks at any time without giving any notice
whatsoever to the contractor/s already appointed against this Tender.
Award contracts to additional RO dealers/direct customers in response to their offer
of TTs for their own load requirement at any time for the balance period of contract.
a)
b)
c)
d)
e)
f)
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.
7.
Earnest Money Deposit (EMD) of Rs. 5000/- per TT (Rupees five thousand only per
TT) in the form of DD/ Pay Order is to be submitted in original and dropped in
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tender box kept in our office at address given below by the due date and time of
tender i.e. 11:00 hrs on 27.02.2015.
Indian Oil Corporation Limited (M.D.)
Mathura Marketing Terminal,
Near Baad Railway Station,
Vill & PO - Bhainsa,
Behind Mathura Refinery,
Mathura 281005 (U.P.)
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.
10(a) IOCL existing RO Dealers/ Direct Customers can participate in this tender for award
of transport contract. IOC reserves the right to give preference to award transport
contract to its RO Dealers/ Direct Customers for transporting their own load
requirements subject to their acceptance of L-1 rates offered by the company at first
instance. RO Dealers/ Direct Customers not accepting L-1 rate offered by the
company at first instance shall be treated at par with other tenderers and shall be
evaluated based on their original rankings.
(b) IOCL at its sole discretion reserves the right to induct additional tank trucks from RO
Dealers/ Direct Customers of IOCL offering tank trucks only for their own supplies,
RO Dealers offering tank trucks for supplies to consortium of RO Dealers and RO
Dealers earmarking owned tank trucks for their own supplies, who shall qualify under
this tender, to meet their incremental demand.
11(a) The tenderer shall have to offer minimum 5 (five) tank trucks and out of which the
tenderer shall own minimum of 3 (three) tank trucks. The tenderer may offer
additional owned tank trucks. In case the tenderer is offering additional attached
tank trucks then the number of such additional attached tank trucks shall be in the
ratio of 1:1 with additional owned tank trucks i.e. for every 1 (one) additional
attached tank truck 1 (one) additional owned tank truck shall be offered. The offer of
additional attached tank trucks not meeting the ratio of 1:1 with additional owned
tank trucks shall not be considered. In award of business to the successful tenderers,
preference will be given to the owned tank trucks. The maximum tank trucks
that can be offered to a transporter (other than the dealer/consortium for
own supply) is 21 TTs.
(b) 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
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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 as on the closing date of tender
submission. In case only year of manufacturing is mentioned in the RC book, the age
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should be reckoned from 1st January of the year of manufacturing. In case both
month and year of manufacturing is mentioned in the RC book, the age should be
reckoned from 1st day of the month of manufacturing. 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.
Dispensation beyond 30 days can be with the specific approval of the State
Operations Head.
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.
Pre-Bid Meeting :Tenderers are invited to attend a meeting scheduled at 1430 hrs on 06.02.2015 at
the address given below:
Address :
The salient features of the techno-commercial issues in tender will be informed in the
pre-bid meeting and clarification required by tenderer will be answered.
15.
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.
16.
Tenderer may witness the opening of tender on the appointed date and time by
sending authorized representative.
17.
Tank trucks quoted in this tender should have all valid documents such as explosive
license, registration certificates, etc, at the time of submission of bids. Temporary
explosive permission will not be considered. The genuineness of explosive license is
to be mandatorily verified by State Office from www.peso.gov.in and that of TT
registration from state specific site (where ever applicable)on internet before
issuance of LOI. (Both during award of transport contract and TT replacement).
18.
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, all TTs blacklisted on industry
basis as per ITDG and IOC shall be entitled to recover such damages/ losses/ claims/
etc as the IOCL may undergo. The Security Deposit (SD) will be forfeited.
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19.
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,
IOCs safety aspects requirements and other specific requirements such as security
locking system, vehicle tracking system, bottom loading arrangements, colour
scheme of tank trucks, etc.
20.
Tank trucks blacklisted by any of the Oil companies are not eligible to participate in
the tender.
21.
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.
22.
The tenderers shall, while quoting the percentages for transportation, take into
consideration the provisions of the Carriage by Road Act, 2007 and rules thereto
and the hazardous nature of the POL products and the liability to pay the loss for
non delivery/damage to the product at higher risk rate.
Evaluation of the tenderers:
B.
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 four different items in categories of
12 KL and 18-40 KL as detailed below:
a.
b.
c.
d.
Rate
Rate
Rate
Rate
in
in
in
in
Rs.
Rs.
Rs.
Rs.
per
per
per
per
KL
KL
KL
KL
(for 12 KL TTs).
per KM (for 12 KL TTs)
(for 18 - 40 KL TTs).
per KM (for 18 - 40 KL TTs)
Tenderers shall quote single percentage and the same will be applicable 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 four items and
tenderers to quote percentage 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.
4.
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 percentages quoted for all the four items and
expected volumes of business.
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Tenderers shall be listed in ascending order as per their ranking. 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 this L-1 rate
(once established) shall be offered to all the RO Dealers/ Direct Customers who are
offering Tank Trucks only for their own supplies. RO Dealers offering tank trucks for
supplies to consortium of RO Dealers and RO Dealers earmarking owned tank trucks
for their own supplies shall be allocated on acceptance of L-1 rate at the first
instance. The TTs offered by L-1 tenderers shall be allocated up to the requirement.
In case of RO Dealers who have earmarked owned tank trucks for their own
supplies and also offered tank trucks for general transportation work, the tank
trucks offered for general transportation work shall be evaluated as per original
ranking.
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. 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. The tenderers who are ranked
lower in that particular ranking may not get any allocation.
i)
ii)
iii)
iv)
v)
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 highest ranking (in order of L-2, L3 and so on) amongst remaining tenderers who have not accepted above rates. The
Tank Trucks offered by these tenders accepting L-2 rate shall be allocated up to the
requirement.
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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.
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.
12.
The technically qualified SC/ ST/MSME tenderers shall be ranked separately. Tank
Trucks offered by these technically qualified SC/ ST/MSME 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 12 KL and 18 KL and above, Tank Trucks shall depend upon offers
by the successful tenderers as per above evaluation and as per NIT requirement.
Total number of 12 KL and 18 KL and above, Tank Trucks indicated in the NIT may
vary considering scope of work.
C.
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.
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.
Any tender with such stipulation shall be treated as without EMD and shall be
rejected.
4.
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
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D.
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.
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.
3.
4.
Originals of the documents submitted as copies along with the tender documents, as
well as documentation to substantiate statements made in the tender document are
to be produced for verification by the IOCL at any time at the discretion of IOCL
during technical evaluation.
5.
All LOI holders will be informed by a separate communication to produce the TTs at
the location on the specified date and time along with the original documents for
verification before the issuance of Work Order. Location/ bidder must ensure
compliance to all tender conditions like safety fittings, locking, colour coding, ABS etc
before being recommended by location for issuance of Work Order by State Office.
SECURITY DEPOSIT (SD):
E.
1.
(a)
The security deposit shall be Rs.8,00,000/- per contract for general tenderers.
Minimum of Rs. 80,000/- shall be paid in the form of Demand Draft drawn on any
Scheduled Bank in favour of Indian Oil Corporation Ltd. (M.D.) and balance
amount may be deposited in the form of Bank Guarantee strictly in specified
performa, valid for six months beyond the maximum possible tenure of the contract.
(b)
(c)
For existing RO Dealers/ Direct Customers of IOCL and SC/ ST tenderers, the SD
shall be Rs. 50,000/- per contract irrespective of the number of Tank Trucks offered.
Concessional SD shall be applicable only to the RO Dealers/ Direct Customers who
are applying in the name of their dealership/ firm and participating for the location,
which is their normal supply source, under the categories of own supplies thru
owned tank trucks.
The security deposit shall be Rs.8,00,000/- per contract for those Dealers who are
participating in the tender of the location other than his normal supply location or as
General tenderer.
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2.
3.
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 higher than SD shall be
recovered from payments due to the contractor under this contract or deposits made
by or payments due to the contractor under any other contract with IOCL.
5.
Security deposit would be refunded after expiry of six months of completion of the
contract on written request from the contractor and with surrender of the original
cash receipt. In the event of loss/ misplacement of the cash receipt of the SD, the
refund would be made only after the contractor furnishes an Indemnity Bond in the
prescribed proforma, on non-judicial stamp paper of appropriate value (at
contractors cost), duly notarized.
6.
7.
8.
F.
G.
Unless otherwise specified or agreed to, the contract is awarded for 3 (three) years
with option for extension up to 2 (two) more years at the sole discretion of the IOCL
at the same rates, terms and conditions.
EXECUTION OF AGREEMENT:
be
forfeited
in
case
of
transport
contract
1.
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 IOCL.
4.
Failure to execute the agreement and/ or furnish required Security Deposit within 15
days time of issuance of LOI and/ or physical placement of TTs for loading at the
location within 15 days time from issuance of Work Order may render the tenderer
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liable for forfeiture of Earnest Money Deposit and termination of contract without
prejudice to the rights of the IOCL to recover the damages under Law.
5.
H.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
I.
1.
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.
RESERVATION:
The provision of reservation shall be 15% (fifteen percent) & 7 % (seven and a
half percent) for Schedule Caste (SC) and Scheduled Tribes (ST) respectively on all
India basis.
Save as otherwise provided, the SC/ST members should fulfill all tender conditions,
and shall not be eligible for any price preference or relaxation of standards.
If adequate number of Tank Trucks offered by SC/ ST tenderers are 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 dereserved 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. The partnership
firm should be registered. Unregistered partnership firm is liable to be rejected.
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 shall be treated as a general category
tender.
The registered owner/s of the Tank Trucks 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 Trucks offered against the particular LOI/ Work Order
must also belong to SC. Cast certificate of registered owner of tank truck offered
should be enclosed as proof along with the technical bid.
If any of the Tank Trucks offered do not belong to a member of the category
concerned, i.e. SC or ST, as the case may be the tender shall be treated as under
general category.
MISCELLANEOUS:
(a) The tank trucks offered by the tenderers are to be painted as per IOC color
scheme including advertisements as per specimen attached with this tender. Tank
trucks awarded contract shall compulsorily be painted as per IOC color scheme
before placing the TT at the location. IOC reserves the right to place subsequent
advertisements on the body of the TT or otherwise at IOCs cost.
(b)The Tank trucks offered by the tenderers are to be provided with dome
cover/valve box & security locking arrangement as per IOC design.
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2.
The contractors shall have to provide specified number of Tank Trucks for operation
within the state where the loading/ unloading locations are situated and within the
same state and sections where axle load restrictions are imposed, they shall supply
T/Ts meeting axle load restrictions.
3.
IOCL reserve the right to reject the tender of any or all the tenderers without
assigning any reason whatsoever at its absolute discretion. IOCL reserves the rights
to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.
4.
IOCL reserve the right to accept all or some of the Tank Trucks offered by the
successful tenderers, without assigning any reason whatsoever. The decision of the
IOCL shall be final and binding.
5.
IOCL shall have the right to assign the Tank Trucks offered in any one tender to any
contract in any other State Office/ Region/ Location, on any route, temporarily or
permanently, and the decision of IOCL shall be final and binding on the successful
tenderers/ contractors.
6.
The Tank Trucks offered should comply at all times with valid permits, rules and
regulations of Statutory/ Government authorities. Explanation for one factor
As per the petroleum rules 2002, clause 64, the net carrying capacity of a
tank shall be 97% of its gross carrying capacity in case of Petroleum Class A
and Petroleum Class B and 98% in case of Petroleum Class C. The
maximum safe carrying capacity (in weight) of petroleum that can be carried
in a tank vehicle shall not exceed the difference between the unladen weight
of the vehicle and the maximum gross weight permitted for the Class of
vehicle under the appropriate transport regulations.
7.
Wherever the word T/T or Tank Truck or TTs has been mentioned, the same applies
to Petroleum Product Tank Trucks.
8.
9.
10.
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.
11.
The contractor shall be required to provide the following on all the tank trucks
offered at their risk & cost:
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a)
Contractor shall procure and install Vehicle Mounted Unit (VMU) along with fittings
on all the tank trucks as specified by IOC. The contractor shall be responsible to
upgrade VMUs and allied fittings/ system as and when directed by IOC. The
contractor shall be entirely responsible for tampering of VMU or its fittings. In case
of not working of VMUs, company reserves the right of not accepting such tank
trucks for loading and utilizes the services of other tank trucks.
b) Security locking system and any modification in security locking system as and when
required as specified by IOC. Tenderer shall be required to provide suitable fittings in
tank truck for providing Security Locks as per the design/ modifications specified by
IOC.
c) Bottom loading system as specified by IOC wherever required. The tenderer shall be
required to provide suitable coupling/ adopter to be fitted on the Tank Trucks.
d) All tank trucks offered for carrying hazardous goods shall be fitted with Anti-Lock
Braking System conforming to IS:11852:2003 (part 9). Tenderer shall provide
certificate w.r.t. ABS provision on tank truck.
12.
13.
All the TTs have to have calibration certificate certified by W&M. Tenderers shall be
required to calibrate the TT at IOC premises or at the place directed by IOC. Cost of
calibration shall be borne by the tenderer.
14.
For carrying out Hot work in TT, engaged in transportation of POL products, certain
precautions need to be taken. Tenderer should ensure all the safety precautions, as
directed by company from time to time, are taken before and/ or during hot work in
TTs.
15.
The term IOC, IOCL, IOC (M), The Corporation and Indian Oil Corporation
Ltd. (M.D.) in the appropriate context means Indian Oil Corporation Limited, a
Company registered under the Companies Act, 1956 and having its registered office
at G-9, Ali Yavar Jung Marg, Bandra (E), Mumbai- 400 051 and its successors and
assigns.
J.
DUPLICATION OF CLAUSE:
In case of any difference of interpretation of any of the terms of this tender or
agreement, those specified in the agreement shall prevail.
Signature___________________
Name of Person signing___________________
Tenderer's Name and address with seal___________________
***********************
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Attachment-8
The Carrier shall provide the Company with _____ no. of Tank Trucks for
transporting petroleum products as per LOI / Work Order issued by the IOCL. Carrier
has certified that it is the owner and also sufficiently entitled to operate these Tank
Trucks throughout the Agreement period and these Tank Trucks are not under
Agreement with any other party. Further, these Tank Trucks shall remain under
exclusive use with the Company throughout the Contract period.
2(a)
Each of the Tank Truck would be attached to a particular loading location / storage
point of the Company as per LOI / Work Order issued by IOCL. The Tank Truck shall
be required to carry bulk petroleum products from the particular loading location to
Company's Retail Outlets / Consumers / other storage points as would be instructed
by the Company from time to time.
In the event of re-sitement / change of loading location of the Company, Tank
Trucks attached to the old loading location would get automatically attached to the
re-sited / changed loading location and the applicable transportation rate will be the
existing rate applicable to the transporter at his base location or the L1 rate of the
new location, whichever is higher.
(b)
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(c)
(d)
(e)
(f)
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In case of exigency, Company would be entitled to utilise any Tank Truck attached to
a particular loading location for bringing the petroleum products (bridging) from
another loading location to the base loading location, where the Tank Truck is
contracted. In such event, the rate as detailed in LOI / Work Order issued to the
Carrier at the base loading location shall be applicable. In case of any disputes
arising out of such movements, the terms and conditions including Arbitration Clause
of this Agreement would be applicable.
IOCL shall have the right to assign the TTs under contract in any location to any
contract in any other State Office / Region / location, on any route, temporarily or
permanently, and the decision of IOCL shall be final and binding on the tenderers /
contractors. In such case if the TT is assigned to any other contract in any other
location, the applicable transportation rate will be the existing rate applicable to the
transporter at his base location or the L1 rate of the new location, whichever is
higher.
In case the Company desires to change the basis of loading of Tank Truck i.e.
volume to weight or vise versa, the transportation rates shall be altered taken into
account of various factors such as density, temperature, etc, of the products for
determining standard conversion factor at the discretion of Company.
Company shall be free to engage one or more additional Carriers, either to run
concurrently or separately, for transportation jobs from the same loading location.
3.
Carrier shall ensure that Tank Trucks listed in the LOI / Work Order are:
(a)
Maintained in sound mechanical conditions and having all the fittings up to the
standards laid down by the Company from time to time.
(b)
(c)
Confirm to the statutory regulations like Indian Petroleum Act, Petroleum Rules,
Motor Vehicle Act etc. as applicable from time to time. Explanation for one
factor
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As per the petroleum rules 2002, clause 64, the net carrying capacity of a
tank shall be 97% of its gross carrying capacity in case of Petroleum Class A
and Petroleum Class B and 98% in case of Petroleum Class C. The
maximum safe carrying capacity (in weight) of petroleum that can be carried
in a tank vehicle shall not exceed the difference between the unladen weight
of the vehicle and the maximum gross weight permitted for the Class of
vehicle under the appropriate transport regulations.
(d)
(e)
(f)
(g)
(h)
(i)
4(a)
(b)
(c)
(d)
Properly calibrated / stamped under the Weights & Measures Act. These shall be
calibrated for single capacity up to maximum permitted under Motor Vehicles Act.
Company would be entitled for insisting for calibration at Company's premises at the
cost of Carrier.
Be equipped with sufficient number of rubber hoses having suitable couplings at both
ends, bonding/ earthing with heavy-duty crocodile clips and dip-rods duly certified by
Weights & Measures Department.
The officials of the Company would be entitled to inspect at any time, the Tank
Trucks and / or the documents of the Carrier / its crew is liable to carry under any
statute / regulation or this Agreement. Further, Carrier shall submit to the Company
certified true copies of calibration certificate and Explosive Licence and their renewals
for every Tank Truck.
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,
IOCs safety aspects requirements and other specific requirements such as security
locking system, vehicle tracking system, bottom loading arrangements, colour
scheme of tank trucks, etc.
The transporter shall ensure that they have completed the requirements under the
Carriage by Road act, 2007 and the rules thereto.
Anti-Lock Braking System: All tank trucks offered for carrying hazardous goods
shall be fitted with Anti-Lock Braking System conforming to IS:11852:2003 (part 9).
Tenderer shall provide certificate w.r.t. ABS provision on tank truck.
The Tank Trucks listed in the LOI / Work Order shall be made available to the
Company at all times during the Agreement period at the loading location. In case of
non/irregular reporting action will be taken as per ITDG including blacklisting of
TTs/Termination of contract.
In case any of the Tank Trucks is not made available by the Carrier on any day,
Company would be free to use the services of any other Tank Truck and recover the
difference in transportation charges from the Carrier.
In the event of breakdown or major repair of any of the Tank Truck, Company at its
sole discretion, may accept any other Tank Truck of the Carrier for the period of
break-down / major repair. Further, in the event Carrier request for the replacement
of Tank Truck/s, Company at its sole discretion may accept the same.
Age of the Tank Trucks offered should not exceed 15 years on the closing date of
tender submission or as prescribed by local laws whichever is less. Company shall
remove the Tank Trucks attaining the age of 15 years during the contractual period.
Carrier shall ensure replacement with another Tank Truck having age of less than 15
years in 30 days. In case Carrier fails to provide replacement within 30 days,
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Company shall be free to engage any other Tank Truck. Dispensation beyond 30
days can be with the specific approval of State Operations Head.
5(a)
Carrier shall be responsible for all taxes, transit, levies and other costs of running the
Tank Trucks / transportation business (except Service Tax, that will be borne by the
Corporation), which shall also includei)
ii)
iii)
iv)
v)
Salary, wages and other benefits and claims of Crew of Tank Trucks and all
members of Carrier's staff;
Payment of road tax, insurance and any other fees like permit, route fee etc.,
levied by statutory authorities of the base State. For any inter-State
movement, taxes will be reimbursed by IOC on production of Original
Receipts.
Cost of fuel, lubricants, tyres, repair etc;
Calibration fees and other fee payable to Weights & Measures Department;
Compensation or any other benefit payable to Tank Truck Crew and its other
staff or third party under any statute or regulation both under regular
working and arising from accident including damage caused to the person or
property of the Company.
(b) Payment of toll tax, bridge and Octroi will be reimbursed at actual on production of
receipts. The transporters should submit receipts of toll tax, / octroi/ bridge along
with the concerned copy of invoice to the location for reimbursement. This
reimbursement claim has to be taken by the transporter within three months and
company will not be under obligation to make such payment after expiry of three
months, if the same is not claimed by the transporter within three months of closure
of the month to which the bills pertain. Any kind of claim of the transporter will not
be entertained if submitted after three months of tender expiry. The transporters
shall have to intimate to the supply location-in-charge in writing, the introduction of
new toll gates/octroi along with notification, failing which toll claim for the
intervening period
( date of introduction of new toll and date of claim) will not be
reimbursed. On location receiving this information from the transporter, will
intimate pricing and retail sales for incorporating in price build-up of the dealer /
consumer.
(c)
(d)
(e)
(f)
Carrier shall indemnify and keep Company indemnified against any loss/ damage
which Company may suffer as a result of non compliance of above requirements. In
case, Company is made liable to pay any part of cost, the same shall be recovered
from the Carrier, any payment due within this contract or otherwise. The Company
shall not be obliged to contest any claim made upon it for payment.
It is agreed that the Tank Trucks covered by this Agreement shall operate at the sole
risk of the Carrier. In no case, Company would be held responsible for any loss or
damage done to / by the Tank Truck while on the Company's work or parked in their
premises or anywhere else.
Carrier shall make their own arrangement for parking of their vehicle overnight and /
or during holidays.
The Carrier shall comply with all statutory provisions relating to his trade / business /
profession including his own employees or employees engaged by the Carrier and
IOCL shall not be responsible for his omission or commission.
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6(a)
(b)
(c)
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The Company shall pay to the Carrier either through electronic payment system in
vogue for the transportation work undertaken from the loading location and at the
rates detailed in LOI / Work Order. This rate shall be valid for all roads and weather
conditions and are calculated from loading location.
The above rates are subject to escalation / de-escalation as per formula given in
Schedule- A, B & C. On escalation of rates as per Schedule C at the end of the third
year, further escalation on this rate for 4th and 5th year will also be guided by
escalation/ de-escalation as per Schedule A & B.
The transport charges payable under this Agreement are based on shortest route
approved by the Company on the round trip basis (called RTKM). A list of current
RTKMs applicable to storage points where subject Tank Trucks are based, are
available with concerned storage point.
In the event the distance for a particular RTKM gets reduced / increased, it shall be
the responsibility of the carrier to bring the same to the notice of the company, in
writing, forthwith. On receipt of this information the company shall re-verify the
RTKM and communicate the new approved route to the carrier. The date of such first
written intimation to the Company by any of the Carrier shall be the basis for
reduction / increase in RTKM.
In case of failure of the carrier to give such intimation to the Company, the date
mentioned in the written communication issued by the concerned local Govt.
Authorities / the Company shall be binding on the Carrier and the Company for the
purpose of revision of RTKM payable / recoverable on account of such revision. The
date of intimation by the Carrier or the effective date mentioned in the written
communication of the Government / Company, which ever is earlier, shall be the
date from which the increase / decrease in RTKM to be made effective. No recovery /
payment shall be made, if variation in RTKMs are within the limit of +/- 10 RTKM
upto a distance of 750 RTKMs and +/- 20 RTKMs for distance beyond 750 RTKMs,
however, company at its sole discretion may revise these limits from time to time
which shall be binding on the carrier.
(e)
(f)
(g)
(h)
Company reserves the right to use the Tank Trucks on their return trip based on
Company's own operational convenience / requirement for delivery of petroleum
products. Payment in such case would be made only to the extent of any additional
distance covered beyond the normal RTKM route for which the movement was
undertaken.
The procedure for payment of transport bills and reimbursement of entry / transit /
bridge / toll tax / octroi charges prevalent in the Company from time to time would
be binding on the Carrier.
The Company has not guaranteed any minimum billings / mileage or loads for any
period whatsoever. Hence, Company shall not be responsible for their inability in
offering any load on any day or during any particular period and no idle charges etc.
would be payable.
The Company shall endeavor to arrange unloading of the Tank Trucks within
reasonable time. However, no detention charges etc. are payable if, for any reason,
such unloading is delayed at the receiving location.
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(i)
The Carrier shall provide consignment notes for each consignment loaded on a daily
basis to the loading location.
7(a)
The tenderer shall deposit a sum of Rs. 8,00,000/- as Security Deposit for due
fulfillment of terms of this Agreement. This sum shall not bear any interest. Further,
Company would accept bank guarantee of the balance amount (Rs. 80000/- as DD
and balance as Bank Guarantee) valid till 6 months after the expiry of the Agreement
as part of Security Deposit. SD will be forfeited in case of transportation Contract
termination/blacklisting. However for dealers quoting for own use/consortium and
tenderers under SC/ST category, SD will be Rs 50,000/- per contract.
Company shall be entitled to adjust any sum due to it from the Security Deposit
amount and / or any transport / other charges / dues pending for payment to the
Carrier against any other contract. The decision of the Company shall be final and
binding on the Carrier.
(b)
8(a)
(b)
9(a)
(b)
(c)
(i)
The Carriers shall be responsible for loading and discharging of the Tank Trucks. All
the instructions of the Company with regard to the same shall be binding on the
Carrier.
Only the Crew of the Tank Truck and authorized representative of the Carrier shall
be allowed entry inside the Companys loading / unloading locations.
The Carrier shall be responsible for quantity and quality of the products received by
him for transportation. It shall be responsibility of the Carrier to check the quantity
and quality of the products received by him at the Dispatch Storage Point before
acknowledgement of the products. Acknowledgement by any member of Crew of the
Tank Truck or by any other authorized person of the Carrier by way of signing on the
Challan or any other Dispatch Document shall be sufficient proof of acceptance of
product quantity and quality by the Carrier. The Carrier shall be responsible of the
products till the products are acknowledged at the Receiving location.
The Carrier shall comply with and give full cooperation to the Company in meeting
the requirement of prevailing Marketing Discipline Guidelines as applicable to them.
A copy of the Marketing Discipline Guidelines can be obtained from the Company, or
downloaded from IOCs website, and Carrier must acquaint themselves with the
same before operation.
If any shortage in quantity and / or variation in quality of product is found at any
stage after Tank Truck leaves the Dispatch Storage Point up to Receiving location,
the Carrier shall be responsible for the same irrespective of reason and Company
would be entitled to following In case of quantity shortage of MS/ HSD/ Branded Fuels or any other POL product,
recovery shall be made at the retail-selling price at the dispatch location or non
subsidized market determined price of such product, whichever is higher and
transportation charges for the shortage quantity.
(ii) Without prejudice to any other right of Company including the right for termination
of agreement in case of variation in quality, Company at its' discretion may dispose
off the contaminated product and all expenses / losses and cost of product in this
connection as determined by the Company shall be recoverable from Carrier.
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10.
(a)
Rules and regulations of the Company in force are followed by him, his staff and
Crew of Tank Truck.
All fittings in TT should be ISI marked. Each TT should carry two portable ISI
marked 10 KGs pressurized DCP fire extinguisher in an easily accessible position
away from the TT unloading facilities and one portable 1 KG CO2 / DCP / Approved
equivalent fire extinguisher in drivers cabin. Company may ask for additional fittings
/ equipments as per requirement.
Each TT should have security locking system arrangement as required by the
company.
Any security system (for e.g.: locking system) decided by company to guard against
malpractices shall be unconditionally accepted by contractor. Cost of modification /
modifications of fittings if any on TT shall be borne by the Carrier. Carrier shall be
responsible for safety / maintenance of such security systems.
Any Vehicle Tracking System (VTS) (for e.g.: Global Tracking System) decided by the
Company to track the movement of the Tank Truck shall be unconditionally accepted
by the Carrier. Contractor shall procure and install Vehicle Mounted Unit (VMU) along
with fittings on all the tank trucks as specified by IOC. The contractor shall be
responsible to upgrade VMUs and allied fittings/ system as and when directed by
IOC. The contractor shall be entirely responsible for tampering of VMU or its fittings.
In case of not working of VMUs, company reserves the right of not accepting such
tank trucks for loading and utilizes the services of other tank trucks. Carrier shall be
responsible for safety / maintenance of the equipment and in case the equipment is
lost / damaged due to any reason, the Carrier shall replace the same at their own
cost. This is in addition to action as per provisions in ITDG.
Bottom loading system as specified by Company wherever required shall be
unconditionally accepted by the Carrier and install the same in the Tank Truck. The
Carrier shall be required to provide suitable coupling/ adopter to be fitted on the
Tank Trucks. Cost of modification / modifications of fittings if any on TT shall be
borne by the Carrier.
Tank Truck delivers the product to the consignee specified.
The Crew has the correct delivery documents and TREM-Card.
Tank Truck follows the normal / approved route from loading location to receiving
location.
Average trip-time is maintained.
Signature of recipient is obtained on the delivery documents.
Wherever required by Company, collect cheques / draft / bank-slips etc from the
recipient after ensuring that remittances are correctly drawn.
Handover receipted delivery documents and remittances pertaining to deliveries
made, to the Company on the same day and before accepting next load. In case,
return of Tank Truck is delayed for any reason whatsoever, such documents and
remittance are reached to the loading location within 24 hours of completing the
delivery.
If the consignee so desire and is permitted by the Company, the Carrier shall allow
such representative of the consignee to travel along with the Tank Truck.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
11.
While performing the trip for the Company under the terms of this agreement the
Carrier shall take all necessary steps and exercise due diligence to prevent any
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accident to the Tank Truck and products. However, in case of accident taking place
during transportation the Carrier shall:
(a)
(b)
(c)
(d)
(e)
12(a) Carrier shall be responsible for any damage or loss caused to the Companys product
or property by negligence or default of its Crew, authorized representative or Tank
Truck. This shall also include confiscation of Company's product delivered to the
Carriers by any statutory authorities.
(b)
The carrier should strictly adhere to Industry Transport Discipline Guidelines(ITDG)
as enumerated in Annexure-A to this agreement and to any amendment issued from
time to time.
13(a) The Carrier shall not be entitled to change the ownership of / their right on the Tank
Trucks or assign, subrogate, sublet or part with it's right, title and interest under this
Agreement for any reason whatsoever.
(b)
The Carrier shall not cause or allow any change in the constitution of its firm without
obtaining the previous written consent of the Company.
14.
Neither party to this Agreement shall be liable for the non-performance of any of its
obligations under this Agreement so far as such non-performance is occasioned by
conditions of the force majeure. The Force Majeure means natural calamities like
floods, earthquake and other acts of God and riots, etc.
The affected party shall give the notice to the other party of occurrence of any such
calamities within a period of 24 hours of occurrence of such calamities. The
performance of the respective obligations of the parties under this Agreement shall
be resumed as soon such calamities, which have resulted in the non-performance
cease to occur.
15.
This Agreement shall be valid for period of three years from the effective date as
given in the LOI / Work Order with option at the sole discretion of Company to
extend the same up to two more years on same terms and conditions. However,
Company reserves the right to terminate this Agreement by giving two months
advance notice without being liable to give any reason or pay any compensation.
Notwithstanding anything to the contrary contained hereinabove, Company reserves
the right to terminate this Agreement forthwith upon or at any time after happening
of any of the following -
(a)
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
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16.
All questions, disputes and differences arising under or in relation to this Agreement
shall be referred to the sole arbitration of the Director (Marketing) of the Company.
If such Director (Marketing) is unable or unshalling to act as the sole arbitrator, the
matter shall be referred to the sole arbitration of some other officer of the Company
by such Director (Marketing) in his place, who is shalling to act as such sole
arbitrator. It is known to the parties herein that the Arbitrator appointed hereunder is
an employee of the Company and may be Shareholder of the Company. The
arbitrator to whom the matter is originally referred, whether the Director (Marketing)
or officer, as the case may be, on his being transferred or vacating his office or being
unable to act, for any reason, the Director (Marketing) shall designate any other
person to act as arbitrator in accordance with the terms of the Agreement and such
person shall be entitled to proceed with the reference from the stage at which it was
left by his predecessor. It is also the term of this Agreement that no person other
than the Director (Marketing) or the person designated by the Director (Marketing)
as aforesaid shall act as arbitrator. The award of the Arbitrator so appointed shall be
final, conclusive and binding on all the parties to the Agreement and provisions of
the Arbitration & Conciliation Act 1996 or any statutory modification or re-enactment
thereof and the Rules made there under and for the time being in force shall apply to
the arbitration proceedings under this clause. The venue of the arbitration shall be
NOIDA.
17.
The parties hereby agree that the court in city of NOIDA alone shall have jurisdiction
to entertain any application or any award/s made by the Sole Arbitrator or other
proceedings in respect of anything arising under this Agreement.
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18.
19.
All notices and other communications to be given under this Agreement by either
party to the other shall unless otherwise specifically agreed be given in writing by
Registered Post or hand delivery against acknowledgement to the following
addresses of the respective parties.
To,
Name of Carrier,
Address,
__________
WITNESS:
1.
2.
For COMPANY
M/s. _____________________
(Authorized Signatory)
For CARRIERS
M/s. ________________________
(PROP. /PARTNER/DIRECTORS)
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PRICE BID
RATE SCHEDULE FOR ROAD TRANSPORTATION OF BULK PETROLEUM PRODUCTS
S No
Item
1 Rate in Rs/KL
Rate in
2 Rs/KL/KM
Bidders Quote
(to quote with
3 either + or
sign
Capacity of TT
12 KL
18 - 40 KL
Estimates
(To be filled by
(To be filled by State
State Offices
Offices
(To be filled by
(To be filled by State
State Offices
Offices
( + ) Plus / ( - )
(To be quoted by bidder)
minus
Tenderer to Quote within (+/-) 10 % of the estimated rates and in case ve signed
1 is not mentioned it will be taken as +ve
2 The quoted percentage applies to all the rates in the schedule
Transportation Charges in (Rs/KL or Rs/KL/KM) whichever is higher for the same
volume of product transported shall be payable and applicable from the loading
3 location
The rates finalized shall be valid for the entire period of the contract subject to
4 escalation/ de-escalation as per formula given in Schedule A, B & C
SCHEDULE -A
FORMULA FOR WORKING OUT ESCALATION/ DE-ESCALATION IN TRANSPORTATION
RATES ON ACCOUNT OF INCREASE/ DECREASE IN RETAIL SELLING PRICE OF HSD
Increase/ decrease in the transportation rate in Rs. Per KL Per KM:
FORMULA: Increase/ Decrease in 1 litre of HSD Retail Selling Price (RSP) ex-State Capital
cities (within municipal limits) of the supply point concerned inclusive of taxes (with
following clarifications)
------------------------------------------------------------------------------------------------------Q x Average KM/Lt
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The retail-selling price of HSD as on the date 04.12.2014 will be the base price. The
transportation rates shall be finalized based on this base price of HSD.
The escalation/ de-escalation of transportation rates will be allowed every quarter
i.e. on 1st January, 1st April, 1st July and 1st October. In case of commencement of
the new contract in between of the quarter period, the escalation/ de-escalation shall
also be applied from the dates mentioned above.
Escalation/ de-escalation shall be applicable as per increase/ decrease in RSP (Retail
Selling Price) of HSD, which will be the weighted average of RSPs of HSD during
immediate previous three months, and the new transportation rates arrived at on the
above dates shall be applicable for a period of subsequent three months.
Only the increase/ decrease in RSP of HSD at the State Capital cities (Within
Municipal Limits) of the supply point concerned shall be considered and the
escalation/ de-escalation factor shall apply for all the Locations coming under the
respective State. In case of any dispute, the decision of the IOC shall be final and
binding.
2.
3.
4.
SCHEDULE - B
Increase/ decrease in transportation rate: In Rs. Per KL.
Increase/ decrease in transportation rate in Rs. Per KL shall be increase/ decrease in
transportation rate as per SCHEDULE - A in Rs. Per KL Per KM X Break even KMs
(Break Even KMs means: where transportation (per KL) and (per KL per KM) become equal.)
Schedule C
Formula for working out One Time Escalation at the end of 3rd year of contract:
Let the rate at the end of the 3rd year of the contract be R in Rs/KL/KM.
Let H be the Retail Selling Price (RSP) of HSD in Rs/Ltr (As in Schedule A) at the end of
the 3rd year of the contract.
The capacity of the tank truck is taken to be 12/18 KL and the average distance travelled
by the tank truck in 1 ltr of HSD as considered by the State Office for each of its
location. (For explanation of the formula, the same is taken as to be 4 Kms.)
The Fuel component F, is given by:
F = H (12) (4) = (H/48) in Rs/KL/KM
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Annexure-A
Objective
To evolve uniform Oil Industry Transport Discipline Guidelines (ITDG) for
transportation of bulk petroleum products by Tank Truck/ Tank Lorry (TT) for:
a. Delivery of products to Retail Outlets and Direct Customers
b. Stock Transfers from one location to another, i.e. Bridging
1.2
Purpose
The purpose of Industry Transport Discipline Guidelines is to ensure that:
1.2.1 Petroleum products are filled in TT in accordance with Industry Quality Control
Manuals.
1.2.2 Petroleum products are transported and delivered to dealers/direct customers
and receiving locations in good condition conforming to the specifications.
1.2.3 A well defined system of checks exists at various stages of handling of
petroleum products.
1.3
Scope
1.3.1 The procedure/code outlined in these guidelines are only the minimum
required in order to ensure quality and quantity of the petroleum products
during receipt, storage, transit and delivery. Therefore, standard operating
procedures with due regard to safety in handling of petroleum products in
general shall be followed as laid down in the respective safety and operations
guidelines/manuals. It is expected that such standard procedures will be
followed at all times in addition to the instructions contained in the following
chapters of these guidelines.
1.3.2 Changes, if any, in these guidelines will be advised through serially numbered
amendments and will be displayed at the location notice board/website. The
amendment record (Annexure-I) of these guidelines shall be updated
accordingly. These changes will be implemented with effect from the date of
its amendment.
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2. TRANSPORTATION
2.1
Transport Agreement
2.1.1 Industry Transport Discipline Guidelines (ITDG) shall be part of the transport
agreement.
2.1.2 TT shall not be used for any product other than the designated petroleum
products and will operate only for the Oil Company with whom the agreement
has been entered into.
2.1.3 Carrier shall ensure that TT is painted and maintained as per the color
scheme advised by the Oil Company from time to time. Carrier shall also
ensure that the name of Oil Company & Logo is prominently displayed on the
tank of TT and the name of the base location in the information panel as per
the directions of the Oil Company.
2.2
2.2.1 Carrier shall be responsible for providing a TT fit in all respects to carry
petroleum products and shall be transporting/delivering the same in good
condition, as per specifications, to the dealers/direct customers/receiving
locations and shall be held accountable for any malpractice/adulteration en
route.
2.2.2 TT shall be duly approved for its design/fittings by Petroleum and Explosives
Safety Organisation (PESO) Department. The carrier shall be responsible for
ensuring that the integrity of the TT fittings is maintained in accordance with
the conditions laid down by the licensing authority at all times.
2.2.3 The original and a copy of the valid Explosives License shall be submitted to
the loading location. Original certificate shall be returned to the Carrier after
verification. TT shall carry valid Explosive License in original issued by
Petroleum and Explosives Safety Organisation Department at all times.
2.2.4 TT without valid Explosives License shall not be utilized, unless authorized by
Petroleum and Explosives Safety Organisation Department to use the TT
pending renewal.
2.2.5 Carrier shall ensure compliance to various statutory rules and regulations,
including provisions of Motor Vehicle Acts/Motor Vehicle Rules/The Carriage
by Road Act in force at all times during the period of agreement.
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2.2.6 Carrier as per the design given by the Oil Company from time to time shall
provide the product sealing/security locking/electronic sealing arrangements
(security locking system) as advised by Oil Company from time to time. The
transporter to ensure that, the integrity of the locking arrangements is
maintained against any tampering at all the times.
2.2.7 Carrier shall ensure that the Vehicle Mounted Unit (VMU) along with fittings &
fixtures installed on the TT for tracking of the TT is kept always in working
condition and its on/ off operation is done according to the instructions given
by the Oil Company.
2.3
2.3.1 The original and a copy of the valid calibration certificate shall be submitted to
the loading location. Original certificate shall be returned to the Carrier after
verification. TT shall carry valid Calibration Certificate in original issued by
Weights and Measure Department at all times.
2.3.2 TT shall be calibrated for single capacity in line with MV Act/Petroleum
Rules/Weights & Measures Act.
2.3.3 Carrier to provide manhole on top of the tank in the geometrical center of the
compartment of TT.
2.3.4 Carrier to provide dip hole/dip pipe in the geometrical center of the manhole
with manhole fittings duly welded.
2.3.5 Datum Plate height should not be more than 10 mm from the bottom plate and
should be shown in the drawing.
2.3.6 Tampering with calibration of vehicle in any manner shall be construed as a
malpractice and penal action will be taken against the carrier as outlined
under clause no. 8. Further, alleged product losses will be recovered from the
carrier from the date of last calibration.
2.3.7 The calibration of the TT should be done at the calibration facility provided by
the Oil Company or as directed by the Oil Company. Carrier shall produce TT
for verification/ checking as and when required by the Oil Company.
2.3.8 Carrier shall provide brass/aluminum dip rods individual compartment-wise or
single dip rod as per prevailing W&M rules.
2.4
2.4.1 In case of TT accident, the crew shall inform the nearest Police Station,
loading location, carrier, nearest Oil Company location and shall guard the
vehicle as well as product.
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Other formalities
2.5.1 Carrier shall engage TT driver who has undergone training on transportation
of hazardous goods as stipulated under the Motor Vehicle Acts/Rules. The
driving license of the driver should be endorsed by Road Transport Authorities
to this effect.
2.5.2 Emergency Information Panels shall be correctly displayed on the TT as
stipulated.
2.5.3 The TT registration number shall be painted on the fire extinguishers carried
by the TT.
2.5.4 Carrier shall submit details of TT crew, verification of antecedents of the TT
crew obtained from local Police and a copy of valid driving license of the
driver, duly endorsed by RTO for having undergone training for transportation
of hazardous goods as per MV Act/Rules, to the base location and obtain
entry pass from the location.
2.5.5 Before embarking for the delivery it will be carriers or his representatives
responsibility to ensure that TT crew has :
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3. PRODUCT LOADING
3.1
Quality Control
3.2
3.2.1 Security locking of the TT shall be done in accordance with the guidelines of
the Oil Company.
3.2.2 Carrier to ensure that the integrity of the security locking system is intact at all
times.
3.2.3 Carrier shall ensure that the TT is always in locked condition (as per security
locking system) including on its return journey except during
loading/unloading operation. Any act of tampering with the security locking
system shall be construed as malpractice and action shall be taken against
the carrier.
3.3
3.3.1 The departure time from the loading location shall be recorded on the
invoice/stock transfer document itself by the loading location and the
dealer/direct customer/ receiving location shall record the arrival and
departure time of the TT on the same document.
3.3.2 Carrier shall ensure that the trip time and the VTS route specified for the
destination are strictly adhered to.
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4. PRODUCT RECEIPT
The procedure outlined hereunder is applicable for the receipts of product at the
supply locations, dealers and direct customers.
Responsibility towards handling of product shall be in accordance with the Marketing
Discipline Guidelines in force and Industry Quality Control Manual in force.
4.1
4.1.1
Recording of timings
Arrival & departure time of the TT shall be recorded in the delivery
document. If a bridging TT is used for deliveries by receiving location, it shall
report back at the receiving location after completion of delivery.
4.1.2
4.1.2.1 The security locking system shall be checked and if it is found O.K then
proceed to clause 4.1.3. If found tampered, then it will be construed as a
malpractice and action shall be taken as mentioned in clause 4.2 and 8.
4.1.2.2 Dip rod and Calibration checking
The dip rod should match the calibration chart provided by Weights &
Measures for markings at the dip level, proof level and the total length.
4.1.3
Density checking
On arrival of TT, dealer / customer shall check the density @15 deg C of
product from each compartment. If the variation is found to be within +/- 3
kg/cum as compared with the invoice density, steps as mentioned in clause
4.1.4 to be followed. However, if variation in the observed density is beyond
+/- 3 kg/ cum, the TT shall not be unloaded and action shall be taken as
mentioned in 4.5.1.
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same product from the TT. Sample shall be sealed & labeled and jointly
signed by dealer / dealers representative and TT driver before unloading
the TT.
The transporter will have the option to obtain another set of samples (2x1 liter
of MS and/or 1x1 liter HSD) duly labeled and jointly signed, for retention. On
such request from the transporter, dealer should hand over this set of
samples against payment to the TT driver/transporters representative. In
addition, the carrier/TT driver will have to pay a deposit of Rs.300/- per
sample container or as revised from time to time to the dealer.
In case the TT driver refuses to sign the label, TT shall not be unloaded and
dealer shall contact supply location/field officer.
4.1.5 Marker Testing
The tank lorry may be subjected to the marker test en route or at the dealer /
direct customer location premises. If the product carried through TT is found
failing in the marker test then actions shall be taken as mentioned in 4.2.
4.2
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4.3
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4.5
Testing of Retained Tank Lorry Samples at lab as per Clause no. 2.5(D)
of MDG of 2012 effective 08-01-2013.
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and TL1 passes, then (the second last retention sample) TL2 & (supply
location sample corresponding to TL2) SL2 will be tested. In case TL2 fails
and SL2 passes, action shall be taken against transporter as per clause 8.1 of
ITDG.
In case RO sample passes and TL1 fails, in the event of a request from the
transporter (not a dealer-cum-transporter) for testing his retained sample, the
same will be tested as per guidelines in presence of the field officer, dealer
and transporter after due verification of the samples. Its results shall be
compared with TL1 and SL1 results and decision of Oil Company shall be
based on the test results of these 3 samples (TT retention sample with the
dealer, SL sample and the TT retention sample with the transporter) and
would be decisive and binding on all. All samples should be tested in the
same Lab.
Note: While collecting the samples from RO for testing at the lab, the field
officer shall also collect TL2 in addition to TL1 and Nozzle sample so
that TL2 can be tested immediately upon failure of TL1.
4.5.2 Testing for Marker
If the product sample drawn from the retail outlet is found failing in the marker
test then the last Retained Tank Lorry samples kept at the retail outlet shall
be tested for marker test. The marker test of Retained Tank Lorry samples
will be carried out after giving prior notice to the dealer & the concerned
carrier so that they can be present at the test venue if they so desire for
witnessing the testing. Field officer or the representative of the divisional
office/ regional office/ territory office will also be present & conduct/ witness
the marker test. This team will submit its report in the approved industry
format. If the Retained Tank Lorry samples is also failing in the marker test
then the corresponding location sample will be tested. If the supply location
sample is passing in the marker test then it shall be construed as a
malpractice done by the carrier & penal action would be taken against the
carrier as outlined under clause no. 8.
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Carrier having agreement with the Oil Company for a TT shall not enter into
agreement with other company for the same TT. Carrier shall not enter into
agreement with the Oil Company for the blacklisted TT. If it is subsequently
proved that the carrier has entered in to agreements with other Oil Company
for the same TT then it shall be construed as malpractice & penal action
would be taken against the carrier as outlined under clause no.8.
5.2
The TT/ Carrier/ transporter blacklisted by any one Oil Company shall be
construed to be black listed by all Oil Companies.
5.3
Carrier shall not enter into agreement with the Oil Company by submitting
forged documents/ false information.
5.4
Bridging TT, only after verifying the product acknowledgement for the
previous trip, and seeking clarification in the cases where trip time has
exceeded, the TT will be accepted for loading.
5.5
5.6
5.7
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6.2
Carrier or his representative shall inform the Oil Company within 30 minutes
of stoppage of VMU functioning.
6.3
Carrier shall strictly follow the specified route stipulated by the Oil Company.
Any unauthorized deviation from the specified route would be considered as a
malpractice and action will be taken against the carrier as outlined under
clause no. 8.
6.4
6.5
TT should not make any stoppage en-route. Any stoppage shall be construed
as malpractice unless explanation given to the Location In-charge/nominated
officer is accepted. If not, action will be taken against the TT/Carrier as
outlined in clause 8.2.2.
6.6
Carrier to ensure that the TT reaches the destination and delivers product to
the consignee within specified trip time. The TT not reaching the destination
or unauthorized delays shall be construed as a malpractice and action will be
taken against the carrier as outlined under clause no. 8.
6.7
Carrier shall ensure that TT does not exceed the speed limits prescribed by
the concerned authorities.
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7.2
Driver and cleaner shall wear retractable seat belt and uniform as specified by
respective OMC, while driving vehicle.
7.3
No TT shall be plied by the driver without cleaner, either on the road or at any
work place.
7.4
The TT crew would not be permitted to enter the location premises without
use of the personal protective equipment i.e. safety shoes, helmet, spectacles
(wherever necessary).
7.5
The crew of TT shall check safety fittings, fitness conditions of vehicles to ply
on road before the TT is brought for loading.
7.6
Safety procedures for unloading and loading of vehicles at the supply location
as well as at the destination i.e. retail outlets, direct customer, supply location,
etc. shall be strictly adhered to.
7.7
7.8
The TT should be driven by driver having valid driving license duly endorsed
by RTO for having undergone training to carry hazardous goods.
7.9
TT crew to undergo routine health check up once in every six months and
certificate issued by the authorities to be submitted to the loading location.
7.10
The carrier shall ensure that the TT crew are not in intoxicated state while on
duty.
7.11
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8.0
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Clause
No.
8.2.2.1
8.2.2.2
8.2.2.3
8.2.2.4
8.2.2.5
8.2.2.6
8.2.2.7
8.2.2.8
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Type
of
malpractice
/
irregularity
(a) Reported non-wearing of
retractable seat belt while
driving.
(b) Over speeding.
(c) Driving
vehicle without
cleaner / helper.
(a) Established un-authorized
stoppage en route.
(b) Established un-authorized
diversion from specified
route.
(c) Refusal to carry loads
allocated by the location.
(d) Irregular reporting of TT at
loading
location
without
permission of the location.
TT shall be
blacklisted.
TT shall be TT shall be TT shall be
suspended
suspended
blacklisted.
for
one for 3 months.
week.
(a) Established
tampering/
damaging of VMU.
(b) Established disconnection
of power/cable of VMU
enroute.
(c) Removal
of VMU from
original mounting.
Accident at the location leading
to injury of persons or damages
to the facilities.
TT shall be
blacklisted.
TT shall be TT shall be
suspended
blacklisted.
for
3
months.
TT shall be
suspended
for
3
months.
Polluting environment due to TT shall be
product spillage from TT.
suspended
for
3
months.
Established
case
of TT shall be
pilferage/non-delivery of product. blacklisted.
TT shall be
blacklisted.
TT shall be
blacklisted.
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8.2.2.9
8.2.2.10
8.2.2.11
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TT shall be
blacklisted.
Irregularities under W&M Act.
TT shall be
blacklisted.
Tampering with standard fittings TT shall be
of TT including the sealing, blacklisted.
security locks, security locking
system, Calibration.
8.2.2.12
8.2.2.13
8.2.2.14
8.2.2.15
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*****
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Annexure I
Amendment Record
Amendment
No.
Date
Page/s
Date
Received
Chapter
Subject
Signature
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Annexure II
SAMPLE TAG
Product
Location
Document No.
Type of Sample
Compartment No.
Reasons for
testing
Carrier
Oil Company
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Attachment-9
INTEGRITY PACT.
(Covering letter required to be signed and submitted by the tenderer)
(For Tenders having estimated value more than Rs.10.0 Crores)
Ref No: _____________________
Date:___________
To:
Indian Oil Corporation Ltd. (M.D.)
(Operations Department)
---------------------------------------------Subject: Submission of offer for Tender No: ____________________________.
Dear Sir,
The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the
MOU with Transparency International India for the adoption of the Integrity Pact
Program and stands committed to following the principles thereof as enumerated in
the integrity agreement enclosed with the tender document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to
offer made on the condition that the Bidder will sign the enclosed integrity
Agreement, which is an integral part of the tender documents, failing which the
tender will stand disqualified from the tendering process. The Bidder acknowledges
that the Bid would be kept open in its original form without variation or modification
for a period of 240 Days(state the no of days from the last date for the receipt of
tender stated in the NIT) AND MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity agreement in
letter and spirit and further agrees that execution of the said Integrity agreement
shall be separate and distinct from the main contract, which will come into existence
when bid is finally accepted by IOCL. The bidder acknowledges and accepts the
duration of the Integrity agreement, which shall be in line with Article-8 of the
enclosed Integrity agreement.
Bidder acknowledges that in the event of Bidders failure to sign and accept
the Integrity agreement, while submitting the bid, IOCL shall have unqualified,
absolute and unfettered right to disqualify the tenderer and reject the Bid in
accordance with the terms and conditions of the tender.
Yours faithfully,
(Duly authorized signatory of the bidder)
Note: one copy of this agreement along with the integrity agreement duly
signed must be returned along with the offer)
{To be signed by the bidder and same signatory competent/authorized to sign the relevant
contract on behalf of IOCL}
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SIGNATURE OF TENDERER
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IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and
date first above mentioned in the presence of following witnesses:
__________________________________________
(for and on behalf of Principal/Owner)
___________________________________________
(for and on behalf of Bidder/Contractor
WITNESS
1)
2)
___________________________________________
___________________________________________
___________________________________________
__________________________________________
__________________________________________
__________________________________________
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Investment in Equipment
Does not exceed Rs.10 lacs
More than Rs.10 lacs but does not
exceed Rs.2 Crores
More than Rs.2 Crores but does not
exceed Rs.5 Crores.
(#) In calculating the investment in plant & machinery, the cost of pollution control, research and
development, industrial safety devices and such other items as maybe specified will be excluded.
6. You are therefore requested to fill the Format (proforma attached) and submit the same along
with proof of valid document / certificate, (indicating registration no.) in your offer. In case same is
not submitted along with your offer, it will be presumed that your organization is not a micro, small or
medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be
eligible to the benefits admissible under the MSMED Act 2006.
CONFIRMATION ON APPLICABILITY OF MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT
ACT, 2006 (MSMED ACT 2006)
SIGNATURE OF TENDERER
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1. We confirm that provisions of Micro, Small and Medium Enterprises Development Act 2006
(MSMED) are applicable to us and our organization falls under the definition of :
a. Micro Enterprise - ( )
b. Small Enterprise - ( )
c. Medium Enterprise - ( )
(Please put a tick in the appropriate box)
2. Copy of proof of valid document / certificate (indicating registration no.) of being a Micro / Small /
Medium Enterprises are enclosed.
Place :
Date :
Note : In case above Format along with proof of valid document / certificate (indicating registration
no.) is not submitted in offer, it will be presumed that your organization is not a micro, small or
medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be
eligible to the benefits admissible under the MSMED Act 2006.
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