NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States...

51
1 | Page NOTICE INVITING E-TENDER BHARAT PETROLEUM CORPORATION LIMITED REGIONAL MANAGER (LUBES) EAST 1 ST FLOOR, WING 11 BHARAT BHAVAN, PLOT NO. 31, KIT SCHEME 118, GOLF GREEN, PRINCE GULAM MD SHAH ROAD, KOLKATA 700 095 TEL NO. 033-24293166, FAX NO. 033-24293173 Tender Reference no 1000246115 Subject E- Tender for providing service for Brand Promotion of Mak Lubricants at select locations of West Bengal, Bihar, Jharkhand, Odisha and North Eastern States covering Retail Outlets and various customer premises. Pre-bid meet for tender condition clarification and e-bidding process will be conducted at BPCL Eastern region office on 04.12.2015 at 02.00 pm Due date & time of submission of tender 15.12.2015 at 02.00 pm Date & time of opening of technical bid 15.12.2015 at 03.00 pm at BPCL Eastern region Office, Golf Green, Kolkata Contract period Two years from date of contract. Earnest Money Deposit ( Not applicable for registered contractrors ) Rupees One Lakh (Rs. 1,00,000/-)

Transcript of NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States...

Page 1: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

1 | P a g e

NOTICE INVITING E-TENDER

BHARAT PETROLEUM CORPORATION LIMITED REGIONAL MANAGER (LUBES) EAST

1ST FLOOR, WING 11 BHARAT BHAVAN, PLOT NO. 31, KIT SCHEME 118, GOLF GREEN, PRINCE GULAM MD SHAH ROAD,

KOLKATA 700 095

TEL NO. 033-24293166, FAX NO. 033-24293173

Tender Reference no 1000246115

Subject

E- Tender for providing service for Brand

Promotion of Mak Lubricants at select locations

of West Bengal, Bihar, Jharkhand, Odisha and

North Eastern States covering Retail Outlets and

various customer premises.

Pre-bid meet for tender condition

clarification and e-bidding process will be

conducted at BPCL Eastern region office

on

04.12.2015 at 02.00 pm

Due date & time of submission of tender 15.12.2015 at 02.00 pm

Date & time of opening of technical bid 15.12.2015 at 03.00 pm at BPCL Eastern

region Office, Golf Green, Kolkata

Contract period Two years from date of contract.

Earnest Money Deposit ( Not applicable

for registered contractrors ) Rupees One Lakh (Rs. 1,00,000/-)

Page 2: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

2 | P a g e

ER:BAZAAR.BPP 30.11.2015 M/s. Dear Sir/Madam, Subject: Invitation of tender for providing service of Brand Promotion Partners for

participating in Mak Brand Promotion Support Activities at select locations in the States of West Bengal, Bihar, Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015 at 02.00 pm)

1. You are invited to submit your offer in a two-part bid for subject tender.

2. Please visit the website https://bpcleproc.in for participating in the tender and submit your bid online. You can also visit the website https://eprocure.gov.in & http://bharatpetroleum.com/tender/tender.asp.

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

a. Credential / Technical Bid (Un-priced) b. Price Bid as per the format

4. Additionally, it is mandatory that you shall be required to submit the documents in

physical form as per Para 20 at our BPCL EASTERN REGION LUBES Office at Golf Green, Kolkata.

5. The submission of online bid as well as submission of above physical documents shall be up-to 02.00 pm of 15.12.2015 only.

6. Bids submitted after the due date and time of closing (i.e. after 02.00 pm on 15.12.2015) of tender or not in the prescribed format will be rejected. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or other documents to be submitted in physical form due to postal delay etc . No claims on this account shall be entertained.

7. The schedule of Price Bid opening will be advised separately to tenderer who qualifies in the credential / technical bid.

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

9. The tender document with detailed terms and conditions is also available on website https://eprocure.gov.in & http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in.

10. As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Signature Certificate shall be borne by the tenderer. In case any tenderer so desires, he may contact our e-procurement service provider M/s. E-Procurement

Page 3: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

3 | P a g e

Technologies Ltd (ETL). Mr. Chandan Bera during office hours. Mobile No. 9851945660 for obtaining their Digital Certificate.

11. Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:

a. Tenderers are advised to log on to the website (http://bpcleproc.in) and arrange to register themselves at the earliest.

b. The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

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

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

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

f. In case of any clarification pertaining to e-procurement process or for obtaining Digital Signature Certificate, the vendor may contact M/s. E-Procurement Technologies Ltd (ETL), Ahmedabad on the contact nos.079-40007323 & Mobile 9851945660.

Thanking you, Yours faithfully, for Bharat Petroleum Corporation Ltd.

Sd/-

S. KANNAN REGIONAL MANAGER (LUBES) EAST

Page 4: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

4 | P a g e

Invitation of tender for providing service of Brand Promotion Partners for participating in Mak Brand Promotion Support Activities at select locations in the States of West Bengal, Bihar, Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises.

(Tender No. 1000246115 due on 15.12.2015 at 02.00 pm)

1. COMPANY INTRODUCTION

1.1 Bharat Petroleum Corporation Limited (BPCL) a fortune 500 Oil Company is engaged in the business of refining and marketing of petroleum products. Its lubricant business across the length and breadth of the country.

1.2 Lubricants cover full range of products of finished lubricating oils and greases under the brand “MAK” as directed by company.

1.3 BPCL‟s marketing is driven by customer satisfaction excellence and BPCL realizes the importance of rendering sustained service to our dealers, distributors, retailers, authorized service stations, Garages and end users as a whole.

1.4 BPCL invites you to be part of this journey of creating excellent customer service by providing assistance in our brand promotion activities at various levels of our channel partners and consumption zones.

1.5 The service contract envisages :

a) Offering your Brand Promotion Partners for carrying out promotional activities for our evaluation of their suitability for our business needs as per various criteria laid down in annexure attached hereto.

b) Placement of those suitable Brand Promotion partners at the select locations as per list attached hereto.

c) Monitoring their activity report on our behalf as per laid down formats attached hereto.

d) Ensuring regular, sustained and un-interrupted service without creating unauthorized absence of those Brand Promotion partners and also giving regular and timely report for their attendance and performance details as per laid down formats.

e) Ensuring that CTC specified for each location is lawfully passed on to those Brand Promotion partners with due compliance of statutory deductions as per rules and depositing those deducted sum to the appropriate authority in time specified by the rules.

f) Ensuring those Brand Promotion Partners should remain in their respective assignments at regular basis and do not leave the earmarked area unattended.

Page 5: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

5 | P a g e

2. E-TENDER NO. 1000246115

BHARAT PETROLEUM CORPORATION LIMITED (BPCL) a public sector enterprise, invite Bids through E-tender under Two-Bid System for providing service of Brand Promotion Partners for participating in Mak Brand Promotion Support Activities at select locations in the States of West Bengal, Bihar, Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises.

(Tender No. 1000246115 due on 15.12.2015 at 02.00 pm) for a period of 2 (Two) years, and will be effective from the date of Letter of Intent..

3. TENDER DOCUMENTS:

3.1 As a pre-requisite for participation in the tender, tenderers are required to obtain a valid Digital Certificate of Class IIB and above as per Indian IT Act from the licensed Certifying Authorities operation under the Root Certifying Authority of India (RCIA) Controller of Certifying Authorities (CCA). The cost of obtaining such Digital Certificate shall be borne by the tenderer.

3.2 In case any tenderer so desires, he may contact our e-procurement service provider M/s. E-Procurement Technologies Ltd (ETL) on the contact nos. 079-40016809 & Mobile 9851945660., (Mr. Chandan Bera 9851945660) for obtaining their Digital Signature Certificate.

3.3 The tenderers having valid Digital Certificate and login id can download the tender from the website (http://bpcleproc.in). The downloaded documents once read carefully have to be uploaded by the tenderer under their login ID duly certified with Digital Certificate, in token of acceptance of all tender terms and conditions there-in.

3.4 The tender documents can also be downloaded from website https://eprocure.gov.in & http://bharatpetroleum.com/tender/tender.asp but the submission of tender is allowed only through the e-procurement system on https://bpcleproc.in.

4. SCHEDULE :

4.1 CTC : Following are the detailed payout to be given to each BPP depending on their location of posting ( i.e. Non-metro or Metro Cities). While Basic and Misc Expenses are fixed and Bhatta and Monthly incentive will vary depending upon no. of night outs and performance rating ( modality detailed hereafter) respectively.

4.2

Heads Non Metro Metro

Basic Rs per month (based on minimum central wages) 11,180.00 12,142.00 Bhatta for 5 nights @ Rs 800 per night or Rs 1000 per night for Non Metro & Metro respectively 4,000.00 5,000.00 Monthly Incentive Rs per month 1,500.00 2,000.00 Misc Expenses ( Travel/ Communication etc) Rs per month 3,000.00

4,000.00

Total 19,680.00 23,142.00

Page 6: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

6 | P a g e

4.3 Your lowest rates shall be in percentage of the gross payout actually made to the BPPs in each month. The gross payout will be calculated on the basis of the following :

a. Basic – on the basis of attendance

b. Bhatta – on the basis of no. of nightouts ( 5 nightouts max)

c. Incentive- on the basis of fixed p.m.

d. Misc exp – on the basis of fixed p.m.

The list of locations are as follows :

LOCATION OF BPP RESOURCES

S.NO. CITY / PLACE OF RESOURCE Class (

Specifi

c

Metro

/

other

cities)

Nos STATE

1 Siliguri Non Metro 1 West Bengal

2 Ranchi Non Metro 2 Jharkhand

3 Patna Non Metro 1 Bihar

4 Bhagalpur Non Metro 1 Bihar

5 Purnea Non Metro 1 Bihar

6 Gaya Non Metro 1 Bihar

7 Howrah Metro 1 West Bengal

8 Guwahati Non Metro 1 Assam

9 Imphal Non Metro 1 Manipur

10 Silchar Non Metro 1 Assam

11 Nagaon Non Metro 1 Assam

12 Jamshedpur Non Metro 1 Jharkhand

13 Bhubaneswar Non Metro 1 Orissa

14 Sambalpur Non Metro 1 Orissa

15 Rourkela Non Metro 1 Orissa

16 Durgapur Non Metro 1 West Bengal

17 Barhgarh Non Metro 1 Orissa

18 Cuttack Non Metro 1 Orissa

19 Jorhat Non Metro 1 Assam

20 Kolkata Metro 2 West Bengal

21 Murshidabad Non Metro 1 West Bengal

22 Muzaffarpur Non Metro 1 Bihar

23 Dhanbad Non Metro 1 Jharkhand

24 Midnapore Non Metro 1 West Bengal

TOTAL 26

The above list is only indicative and does not indicate the absolute number of locations and volume of business. The Corporation will have the discretion to make changes in the list of locations, no of BPPs will be depending on the actual business requirements of the Corporation from time to time.

Page 7: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

7 | P a g e

5. EARNEST MONEY DEPOSIT (EMD):

5.1 Earnest Money of Rs. 1,00,000/- (Rs One lakh Only) as EMD per tender by D.D drawn on any scheduled Bank payable at Kolkata in favor of BHARAT PETROLEUM CORPORATION LTD. should be submitted in a separate envelope along with the Documents to be submitted in physical form as per the list mentioned under para 20 below. However, this clause is not applicable to the Contractors registered with Bharat Petroleum Corporation Limited, Eastern Region.

5.2 Tenderers should be registered as our approved vendor by submitting in hard copies, their request in the prescribed form along with supporting documents of credentials, financial documents like audited accounts, I T Return, PAN, Registration certificates with related authorities etc.before the tender is floated in the system. Tenders without formal registration as vendor or EMD of Rs.1,00,000/- (One Lakh) as mentioned above, shall be rejected.

5.3 Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected.

5.4 Interest is not payable on EMD.

5.5 EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL‟s offer within the prescribed validity of the tender, or if the does not furnish the required security deposit, or if the tenderer is unable to position any or all offered BPPs in the specified Locations within 15 days after the issuance of Letter of Intent/award of contract.

5.6 EMD is to be enclosed along with Technical Bid papers.

5.7 On the award of contract, EMD is either converted into security deposit towards security of contract in case of successful bidders or refunded to the unsuccessful bidders.

6. SUBMISSION OF TENDER:

6.1 The tenderer should download the tender document from e-procurement system on https://bpcleproc.in and after carefully reading the same should be uploaded under his/her login ID, as token of acceptance of all terms & conditions therein.

6.2 The Bid consisting of the following documents to be submitted online @ https://bpcleproc.in :

a. Credential / Technical Bid (Unpriced) b. Price Bid

6.3 Additionally, it is also mandatory for the tenderer to submit the documents in physical form as mentioned under Para 20 below, at the following address

:Regional Manager (Lubes) East 1ST Floor, Wing 2

Bharat Bhavan, Plot No. 31, KIT Scheme 118, Golf Green, Prince Gulam Md. Shah Road, Kolkata – 700 095

Page 8: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

8 | P a g e

6.4 The closing date & time for submission of online bid as well as submission of documents in physical form is 02.00 pm of 15.12.2015.

7. RELEVANT TENDER DETAILS :

Introduction Bharat Petroleum Corporation Limited (BPCL) is second largest oil marketing company

in the country. MAK Lubricants of BPCL have emerged as one of the strongest

brands over past few years with maximum growth amongst the major oil

companies in India .

As part of MAK Brand promotion and developing marketing support, BPCL is desirous

of appointing the BPP who with his qualified resources, participate in Brand

Promotion Support activities at BPCL’s various Lubes Territories. The profile of

the qualified resources through whom BPP will participate in these activities is

provided in Annexure - 1. The main roles of these resources are provided at

Annexure –2

For effective monitoring on Day to Day basis, BPP will have to nominate adequate

number of Supervisor (s) from their Office (at least one). Supervisor will be doing

the following activities:

a. Supervisor will be overall incharge on behalf of BPP Agency and will ensure high standards of quality

in execution of brand promotional activities by various Resources.

b. Supervisor will coordinate with all Resources for timely planning of visits / activities, execution as per

plan, submission of reports and also ensure submission of Summary Report from his/her own side.

c. For effective Monitoring on a Day to Day basis, Agency Resource would ensure submission of weekly

Plan of Visits / Activities at the beginning of week by email, by each BPP Resource. While finalising

the plan, Supervisor will ensure that inputs from BPC Team have been incorporated.

d. Agency Supervisor would ensure submission of excel based formats by BPP resource, twice a week

(Monday & Thursdays) for visits made / activities done ( Annex 4, Annex 5 and Annex 6) and a

summary of work measurement sheet (WMS) (Annex 7 and 7a) to be submitted for finalisation of

months reimbursement.

e. Agency Supervisor will have to compile all above reports and send to Regional BCMs in a

timely manner and also will send a Monthly Summary Report for all BPPs in the Region as

per Template at Annex 8.

f. Based on various Work Measurement Sheets above, as well as the overall achievement of the

desired targets, the performance of the BPP shall be evaluated on a periodic basis. Based on

this review, the required interventions will be introduced where required.

The bids shall be submitted in two separate method, namely Technical bid and commercial bid.

Both of Technical bids must be submitted sealed envelopes superscribing the tender

no./name/type of bid/due date/name and stamp of bidder on the envelopes. The Technical

Page 9: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

9 | P a g e

Bid including the Firm Catalogue should be complete in all respects and contain all

information asked for, except prices. In case any price is mentioned in technical bid, the

offer will summarily be rejected. The format of Technical Bid is enclosed at Annex 12

and only qualified technical bids (as per criteria mentioned in Annex 12) will be

considered for opening of commercial/price bids Method of commercial/price bid has

been detailed in the foregoing pages.

Locations For Brand Promotion Support Activities The locations in which BPP will participate with Lubes Territories is indicated in Annexure – 9

hereto.

Terms And Conditions Terms and conditions as per Annexure - 10 shall apply. Resources through whom BPP will

participate with BPCL’s Territories, will be the employees of BPP and under no

circumstances, those resources will be considered as employee(s) of BPCL.

Cost of BPP Resource engagement a) The Fixed CTC (Cost to BPCL) per month per BPP resource on account of BPP resource

engagement would be fixed at Rs.23142 for Six specific cities (i.e. Mumbai/ Delhi/ Chennai/

Kolkata / Bangalore/Hyderabad) and Rs 19680/- for other cities.

The CTC component apart from the Basic would include expenses incurred for

conducting activities / reporting as per scope of work e.g Conveyance, Mobile,

Telephone, Cybercafe access, or any other field expenses etc.

The CTC component will also consist of:

i. Rs 5000/- & Rs 4000/- per month respectively for Metro & Non Metro locations

for maximum 5 days on account of night stay/ outstation touring.

ii. Rs 4000/- & Rs 3000/- per month respectively for Metro & Non Metro locations

on account of Travel & Communication which need to be undertaken for

conducting various activities

iii. Monthly Incentive of Rs 2000/- & Rs 1500/- per month respectively for both

Metro & Non Metro locations subject to rating of minimum 8( in a scale of 1 to

10) in the Work Measurement Sheet approved by Sales Officer, Territory Manager

and Bazaar Channel Manager.

Thus the final CTC for Metro & Non Metro works out to be Rs 23142 & Rs 19680 per

month. All above have to be necessarily and completely passed on to BPP Resource except for any govt

/ mandatory deductions in CTC (if and to the extent applicable e.g. PF, ESIC and Insurance etc).

Fixed CTC includes, any contribution of BPP (Agency) as an employer, towards these

govt./mandatory deductions and BPCL will not make any additional payments (over and above

CTC) on account of any such govt./mandatory deductions.

Tender evaluation criteria

Page 10: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

10 | P a g e

a) BPP would be quoting only for their Service Charges (towards administration,

execution and supervision / coordination of activities/ any other expenses, as per

Scope of work).

b) BPCL will pay prevailing Service Taxes as applicable.

c) Service Charges and Service taxes would be paid by BPCL towards all Costs on

account of Resource engagement ( Fixed CTC, Incentive towards Monthly WMS, and

outstation touring compenent)

d) Evaluation would be made on lowest (L1) quote basis on the basis of quoted Service

Charges.

e) If the offer submitted is not competitive and or to the satisfaction of BPCL for any

reason whatsoever, BPCL, may request all the tenders to submit their revised offer in

writing.

Validity of Agreement

Contract Agreement would be executed for a period of two years from the date of issue

of LOI. Quotation should be valid for three months.

General terms and conditions

a. BPCL reserves the right to evaluate the offers as it deems fit and the minimum

total quote for services will be considered for arriving at the best offer.

b. The settlement of Professional charges shall be made on a monthly basis on the

completion of the activities to the satisfaction of authorised BPCL

representatives and submission of Work Measurement Sheets and other

documents mandated in the tender, as the supporting documents. BPCL will

make the payments within 7-10 working days of submission of completed

documents of all Resources.

c. BPCL reserves the right to cancel the tender, make necessary changes, give

call off as per their requirement from time to time.

d. The resource(s) engaged for a specific location should preferably belong to the

place as stated in Annexure-9 or to any adjoining place.

e. Ensuring availability of resources on a regular and continuous basis will be

sole responsibility of BPP.

Page 11: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

11 | P a g e

f. Technical Bid documents required in hard copies should be submitted in

envelope marked as “BPP BRAND PROMOTION SUPPORT” along

with the tender no./type of bid/due date/name and stamp of bidder on the

envelopes and addressed to REGIONAL MANAGER ( LUBES ) as per

address given below :

(i) BHARAT PETROLEUM CORPORATION LTD

BHARAT BHAWAN, 118 P.G.M. SHAH ROAD, ________________________________________

KOLKATA - 700095

____________________________________________

g. Last date and time of submission of tender : 15-12-2015 at 02.00 p.m.

h. Opening date of tender : _ 15/12/2015 at 03.00 p.m.

i. The tender would be opened in front of the bidders and therefore bidders

can nominate their authorized representative to attend the opening of bid

on the above time and date.

ANNEX – 1

PROFILES OF RESOURCE BY BPP

A. EDUCATIONAL QUALIFICATION /EXPERIENCE ETC.

Resource must be having one of the following qualifications from a Recognised

College /University / Institute : o B.E / B.Tech OR

o Minimum Graduate (10+2+3) & minimum 2 years experience as explained below OR

o 3 yrs Engg.DiplomaHolder (10+2+3) & minimum 2 years experience as explained below

If Graduate or Eng Diploma Holder, then Resource, must also have minimum 2 years experience in

Marketing/Sales (Preference for candidate having experience in Lubes Marketing / auto parts /

consumer goods).

BPP Resource must further be computer literate with working knowledge of Microsoft Excel /

Word working and will be required to send desired reports by Emails, twice a week.

Good Communication skills with proficiency in local language of the area and good proficiency in

reading and understanding of English

Age not more than 30 yrs on the day of first engagement

Should own a two wheeler and at least a basic mobile telephone set.

The resource(s) engaged for a specific location should preferably belong to the

same location or to any adjoining place.

Page 12: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

12 | P a g e

B. EXPERIENCE

Should have minimum experience of 2 yrs in marketing / sales.

Preference for candidate having experience in Lubes Marketing / auto parts /

consumer goods.

C. TOURING:

Outstation touring envisaged and depending upon the area of posting can vary

around 5 days in a month

Main Roles of BPP Resource ANNEX- 2

i. Visits(15-20 calls a day and 200 visits per month)

a. Visits to Retailers of assigned area and share Retailer Scheme / Mechanic Scheme / Customer Scheme /

Display Scheme, promoted by Company or any local Retailer scheme floated by PLD.

b. Visits to Mechanics/Garages/Authorised Workshops of assigned area and share Mechanic Schemes

promoted by Company or any local scheme floated by PLD. Making 15-20 calls per day and at least

200 visits per month.

c. Visits to Transporters and share product information / schemes available on various relevant products

d. Visits to BPC Retail Outlets / PLDs with a purpose of reaching out to Customers, Mechanics or

Workshops/Garages and retailers.

e. During above visits :

a. Give relevant Product information including new launches and focus grades, share DLP/MRP.

b. Ensure Display of MAK Packs and promotional materials at Counter prominently at the

counters.

c. Provide Printed material to Retailers like Posters, Leaflets, Danglers, and Buntings and ensure

display of the same during the visit.

d. Find competitive information including competition's new launches, MOPs, Retailer Schemes,

Customer Schemes, package innovations etc.

e. Ascertain any local Mechanic/Retailer/Workshop expectations which if fulfilled, will help

PLD/BPC in capturing larger share of their shelf/sales.

f. First hand information on any complaint about product quality / availability / services of PLD.

g. Capture requirements of Retailer Boards / Wall Painting at prominent locations.

h. Seek and Handle any Consumer feedback at touch point.

i. Information gathered above should be promptly shared with Agency Supervisor.

j. Undertaking surveys for generation of data base for mechanics, garages and Retailers.

b. Activities (8 campaigns / activities per month from the list below) a. Conduct campaigns around the Retailers / Retail Outlets where our products have been placed to

ensure better repeat sales. For these campaigns each BPP Resource should be equipped with a

portable Lubeshoppe, Printed promotional material, small giveaways, pamphlets of customer

schemes, product information, Posters, Bunting, Dangler etc.

b. Conduct small mechanic meets to promote our Mechanic Schemes.

c. Assist in organising meets with Retailers, Fleet Operators or doing One Day Wonder programmes

etc.

d. Assist in identification of suitable garages for adoption into MAK Garages and extend support for

their sustenance with help of territory.

e. Undertake surveys (periodically) for generation of data base of mechanics, garages and retailers.

f. Maintain special relationship with the mechanics who visited Mumbai so as to develop them as

―MAK Brand Ambassadors‖.

Page 13: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

13 | P a g e

g. Grass root promotion for newly introduced products and packs by working with

influencers and users thru daily visits h. Conducting 8 campaigns / activities per month.

Field Time of resource should be equally utilised in Visits and Activities.

Weekly plans of visits / activities must be drawn by each BPP Resource BPP

Resource will also have to send a weekly Plan of Visits / Activities at the beginning of

week by email to Agency Supervisor, who will ensure that inputs are taken from BPC

Sales Officer / BCM for the same.

( ON LINE PRICE BID FORMAT ) ANNEXURE-3

S/No. Particulars Quantity

( No of

BPP )

Percentage in both

Words & figures

1 Agency Service Charge - as percentage of

two decimals (Basic amount, Bhatta, Monthly

Incentive & Misc expenses).

26

2 Applicable Service Tax as on date

Notes

a Agency Service Charges are towards administration, execution and supervision /

coordination of activities/ any other expenses, as per Scope of work. This includes the

provision for Agency Supervisor as explained in Tender document. Agency service

charge should be uniform for all the locations.

b Please UPLOAD a separate sheet indicating the proposed break up of Fixed CTC for

both types of Cities (Specific Metros & other cities). The break up should clearly

indicate exact components of govt / mandatory deductions in CTC (if and to the extent

applicable e.g. PF, ESIC and Insurance etc). The sheet should clearly show the take

home of resources for both types of Cities.

c Fixed CTC includes, any contribution of BPP (Agency) as an employer, towards these

govt./mandatory deductions and BPCL will not make any additional payments (over

and above CTC) on account of any such govt./mandatory deductions.

Page 14: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

14 | P a g e

ANNEXURE 9

LOCATION OF BPP RESOURCES

S.NO. CITY / PLACE OF RESOURCE Class (

Specifi

c

Metro

/

other

cities)

Nos STATE

1 Siliguri Non Metro 1 West Bengal

2 Ranchi Non Metro 2 Jharkhand

3 Patna Non Metro 1 Bihar

4 Bhagalpur Non Metro 1 Bihar

5 Purnea Non Metro 1 Bihar

6 Gaya Non Metro 1 Bihar

7 Howrah Metro 1 West Bengal

8 Guwahati Non Metro 1 Assam

9 Imphal Non Metro 1 Manipur

10 Silchar Non Metro 1 Assam

11 Nagaon Non Metro 1 Assam

12 Jamshedpur Non Metro 1 Jharkhand

13 Bhubaneswar Non Metro 1 Orissa

14 Sambalpur Non Metro 1 Orissa

15 Rourkela Non Metro 1 Orissa

16 Durgapur Non Metro 1 West Bengal

17 Barhgarh Non Metro 1 Orissa

18 Cuttack Non Metro 1 Orissa

19 Jorhat Non Metro 1 Assam

20 Kolkata Metro 2 West Bengal

21 Murshidabad Non Metro 1 West Bengal

22 Muzaffarpur Non Metro 1 Bihar

23 Dhanbad Non Metro 1 Jharkhand

24 Midnapore Non Metro 1 West Bengal

TOTAL 26

Page 15: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

15 | P a g e

ANNEXURE –10

Terms And Conditions For Participating In Mak Brand Promotion Support Activities In Retail/Bazaar

Segment

The successful tenderer shall be providing services for MAK BRAND PROMOTION SUPPORT

ACTIVITIES IN RETAIL/BAZAAR SEGMENT as indicated in tender at various

cities/locations as mentioned in Annexure „9‟ specified for Lubes SBU of Bharat Petroleum

Company Ltd. (hereinafter referred to as the ―Company‖), and as per Terms and Conditions

as enumerated hereunder:-

TERMS AND CONDITIONS

I. GENERAL CONDITION OF TENDER

1. Tender Applications shall be accepted from only such parties who have their own EPF and

ESI account codes. Interested parties to apply along with proof of such account codes such as

attested copies of monthly challans, quarterly, six-monthly and annual returns, as applicable.

Tender applications from Parties not having their own EPF and ESI codes will be summarily

rejected.

2. Tender application will be in two bids as mentioned in the foregoing pages such as – 1) Technical

Bid (2) Commercial Bid TO BE GIVEN ONLINE as mentioned in ANNEXURE -3. Submission

of Earnest Money Deposit of Rs. 1,00,000/- ( Rupees one Lac only) by DD in favour of Bharat

Petroleum Corporation Limited, payable at Kolkata, However, registered vendors need not submit

the EMD.

II. GENERAL CONDITIONS OF THE CONTRACT

1. The successful tenderer ―Brand Promotion Partner” (hereinafter referred to as BPP) would be

required to deposit a security amount of Rs. 1,00,000 (Rupees One Lac only) (Refundable without

any interest charges) in the form of Demand Draft favouring BHARAT PETROLEUM

COMPANY LTD payable at Kolkata. The said security amount shall be retained by the Company

for a minimum period of 6 (six) months after expiry / termination of the contract. The Company

reserves its rights to deduct appropriate amount from the security deposit in lieu of unpaid dues

payable to the Company by the BPP or unpaid dues towards any statutory compliance or amounts

payable by the BPP to any of its Resources / Employees for the period of their engagement at the

establishment of the Company under the contract. In case of pendency of any dispute related to

such non-payment / less payment of wages / compensation or non-compliance of statutory

obligations by the BPP which may possibly result into financial liabilities for the Company, the

Company reserves its right to withhold such security deposit for a period beyond six months after

expiry / termination of the contract. The said security amount shall be refunded to the BPP subject

to production of proof of compliance of all statutory provisions in the form of a certificate of ―No

Objection‖ from the concerned Authorities.

2. The BPP shall provide attested copies (attested by the proprietor of the BPP or any authorised

representative, with Rubber Stamp) of Appointment letters, issued to and duly acknowledged by

each of the resources / employees to be deployed at place earmarked by Company.

Page 16: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

16 | P a g e

3. The BPP must provide a list of its resources / employees to be deployed at the places earmarked by

Company along with their personal details and photographs, on its letter head as a back up for

security requirements. Any change in the particulars of resources / employees deployed by the BPP

should be brought to the notice of the authorised BPCL representative by the BPP, along with

personal details and photographs of any new resources / employee to be engaged. Before

engagement of its resources / employees, BPP has to obtain a final concurrence from BPCL

Regional Bazaar Channel Manager (BCM).

4. In case the Company feels that any or all the resources / employees engaged is / are not suitable for

carrying out the activities, then the same is / are to be replaced immediately. In such cases or in

case BPP Resource voluntarily leaves the assignment, BPP Agency will have to find a suitable

replacement of resource within 15 days.In eventuality of any failure on part of BPP to arrange a

replacement within above timeframe or if the resources of BPP do not carry their assigned activities

for certain day(s), BPP Agency will be liable to pay damages @ Rs 500/- (Rupees Five Hundred

only) per day per location.

5. The resources / employees deployed by the BPP for carrying out the contractual obligations shall

follow the prescribed safety precautions at the workplace, while carrying out the assigned jobs with

full safety and care.

6. The BPP shall be liable to pay any damage or compensation for any death or injury caused to his

resources / employees engaged by it as its representative(s) for rendering the services under this

agreement, either under the Workmen’s Compensation Act 1923 or any Act in force at that time. In

case of deployment of resources / employees at any establishment which falls in an ESI non-notified

area, the BPP shall take a policy under the Employer’s Liability Insurance Scheme offered by

Oriental Insurance Co. Ltd. or National Insurance Co. Ltd., for the personnel engaged by it.

7. The BPP shall also be under obligation to deduct, contribute and deposit towards EPF and ESI

contributions for all the resources / employees engaged by it. The BPP shall submit proof of such

deposition in the form of attested copies of Form 6A (EPF—Annual return) by 30th

April of the

year and Form 6 (ESI – six-monthly returns) by 31st May and 30

th November. The bill towards

charges for services rendered during a month should be submitted along with proof of submission

of challan towards EPF and ESI contributions for the previous month. Any short payment to any

resources / employee or on account of EPF / ESI contributions or any statutory payment noticed

during the course of the contract shall be made good by the BPP, and the Company reserves its

right to deduct any such amount equivalent to such short payment from the security deposit, in case

of failure on part of the BPP to make good the default.

8. The BPP shall also indemnify the Company against any such losses caused / suffered due to such or

any acts committed by it or its resources / employees which are against the interest of the company

in the course of contract or afterwards.

9. The BPP shall make regular and full payments of emoluments and other benefits as are payable to

the resources / employee of BPP, employed for the purpose of this contract in terms of the

appointment letter issued to such employee and furnish necessary proof for the same. Such

payments are to be made by 7th

of next month for the previous month. Fixed CTC indicated by the

Company in Tender is all inclusive for all services including execution, personal mobility,

communication on phone /mobiles / emails and any other expenses required for executing the scope

of work.

10. The BPP shall, on a monthly basis, also submit to the company, Work Measurement Sheets as the

supporting documents alongwith their bill for Professional charges.Work Measurement sheets have

Page 17: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

17 | P a g e

to be evaluated by BPCL’s team members as also the Channel Partners in whose area Resource is

operating.

11. The BPP shall comply with the provisions all applicable Acts and Rules which will include

CL(R&A) Act 1970 and EPF & ESI Act, Payment of Wages Act, Minimum Wages Act or other

statutory Rules, regulation with their latest amendments, bye-laws applicable or which might

become applicable at place (State) with regard to the performance of the work included in this

contract from time to time and take such necessary steps as may be deemed necessary in this

regard. The BPP shall keep the Company indemnified against all penalties, claims and liabilities of

every kind or any violation of such Act, laws or Regulations etc. by it or its resources / employees.

12. It shall be entirely the responsibility of the BPP to ensure that no unlawful act is done by its

resources / employees while carrying out brand promotion support activities of BPCL. In case of

loss of the Company’s property due to negligence or carelessness by its resources engaged by the

BPP, the BPP will be responsible and shall make good the same.

13. The BPP shall be solely responsible for settling / resolving any dispute / claim of its resources /

employees during the pendency or after completion of the contract.

14. The BPP shall not sub-contract the whole or any part of this contract to another person or vendor.

III. PERIOD OF CONTRACT

1. The period of the contract shall be 2 (two) Years from the date of award of the contract.

2. The BPP shall deploy its resources immediately after the contract is signed.

IV. CANCELLATION / TERMINATION OF CONTRACT

1. If at any time during the period of the contract, it is observed by the Company or by its authorised

representative(s) that the services rendered by the BPP are not to the satisfaction of the Company or

any terms of the contract are violated, the Company reserves the right to terminate the contract with

immediate effect without any notice or compensation thereof.

2. The Company can terminate the contract by giving one month’s notice in writing without assigning

any reason, however, the BPP will hand over the items covered in scope of work in working order

and the details in inventory to the Company or its authorised representative as advised by the

Company. For all disputes relating to this contract, Arbitration clause as enclosed will be

applicable.

3. All legal disputes arising out of this contract shall be under the jurisdiction of Mumbai Courts only

V. PAYMENT TERMS The bill towards charges for services rendered during a month should be submitted by 7th_day of

subsequent month along with proof of submission of challan towards EPF and ESI contributions for

the previous month (e.g.: Bill for charges for the month of Aug 2011 to be submitted by (say) 07th

Sep 11 along with attested copy of challans of EPF and ESI for contributions for the month of July

Page 18: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

18 | P a g e

’11, which were deposited in Aug’11). The payment is not liable to be cleared unless the BPP

submits approved WMS for previous month (July 11 in this case) and also satisfies the Company of

having deposited Challans towards EPF / ESI contributions in respect of its resources / employees

engaged at the establishment of the Company.

The rates quoted by the BPP and mutually agreed upon between the two parties shall be final

during the period of the contract.

Attested copies of Annual Returns / Six monthly Returns to be provided to the Company as mentioned

under Clause 7 of “General Conditions of the Contract” above. In case of non-receipt of the said

Returns from the BPP or irregularities / shortcomings being noticed in the said Returns, in respect of

deposition of contributions of its resources / employees engaged at the said establishment, the

Company reserves the right to effect appropriate deductions from the bills payable to the BPP /

security deposit, and retain the same, to safeguard itself against probable future claims by such

resources / employees. This is, however, without prejudice to the Company‟s right to terminate the

contract on account of such breach of contractual terms by the BPP.

The Company will be making the mandatory deductions, i.e., applicable taxes etc. from the payment due to

the BPP at the applicable rates notified from time to time.

VI. PENALTY CLAUSE

1. BPP must ensure carrying out all the Brand Promotion Support Activities continuosly during the

entire duration of contract without any gaps or breaks through its resources. In case of any gaps /

breaks, deduction of penalty charges as mentioned in Clause ―4‖ under ―General Conditions of the

Contract‖ above.

2. In case of non-compliance of contractual obligations and also in case of any damages, breakages or

loss or theft to the material, fittings, assets and equipments attributable to resources / employees

engaged by the BPP, the BPP will be responsible for repairing / replacing the same at its cost

failing which the actual cost incurred towards repair / replacement with suitable penalty shall be

imposed on the BPP by the Company and recovered in a manner deemed fit by the Company.

VII. ARBITRATION CLAUSE

As per Annexure “11”

In case the aforementioned Terms and Conditions are acceptable, please sign at the space below and

attach this acceptance along with your quotation, as a token of your having read, understood,

accepted and agreed upon all the aforementioned Terms and Conditions.

Name of the Party :_________________________________

Full Address

Signature & Seal : _____________________________________

Date : ________________

Place : ________________

Page 19: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

19 | P a g e

ANNEXURE “11”

ARBITRATION CLAUSE

(a) Any dispute or difference of any nature whatsoever, any claim, gross-claim or set

off the Company against the BPP regarding any right, liability, act, omission on

account of any of the parties hereto arising out of or in relation to this agreement

shall be referred to the Sole Arbitration of the Director (Marketing) of the

Company or to an Officer of the Company who may be nominated by Director

(Marketing). The BPP will not be entitled to raise any objection to any such

Arbitrator on the ground that the Arbitrator is an Officer of the Company or that he

has dealt with the matters to which the contract relates or that in the course of his

duties as an Officer of the Company, he had expressed views on all or any of the

matters in dispute or difference. In the event of Arbitrator to whom the matter is

originally referred to, is transferred from one post to another or resigns from the

service of the Company, Director ( Marketing) can appoint any other officer of the

Company in the place of original Arbitrator who can proceed with the reference

from the point at which it was left by his predecessor. In the event Director

(Marketing) is not appointing any new Arbitrator, original shall be entitled to

continue with the arbitration proceedings not withstanding his transfer or vacation

of office as an officer of the Company. It is also a term of this contract that no

person other than the Director (Marketing) or a person nominated by such Director

(Marketing) of the Company as aforesaid, shall act as Arbitrator hereunder. The

award of the Arbitrator so appointed shall be final, conclusive and binding on all

parties to the agreement. The provisions of the Arbitration and conciliation Act

1996 or any statutory modification or re-enactment thereof and the rules made

thereunder for the time being in force shall apply to the arbitration proceedings

under this clause.

(b) The award shall be made in writing and published by the Arbitrator within such

time as the Arbitrator may deem fit and proper.

(c) The Arbitrator shall have power to order and direct either of the parties to abide by,

observe and perform all such directions as the Arbitrator may think fit, having

regard to the matters in difference i.e. dispute before him. The Arbitrator shall

have all summary powers and may take such evidence oral and / or documentary,

as the Arbitrator in his absolute discretion thinks fit and shall be entitled to

exercise all powers under the Indian Arbitration and conciliation Act 1996

including admission of any affidavit as evidence concerning the matter in

difference i.e. dispute before him.

(d) The parties against whom the arbitration proceedings have been initiated, that is to

say, Respondents in the proceedings, shall be entitled to prefer a cross-claim,

counter-claim or set off before the Arbitrator in respect of any matter in issue

arising out of or in relation to the Agreement without seeking a formal reference

or arbitration to the Director (Marketing) for such Counter-Claim or set off and the

Arbitrator shall be entitled to consider and deal with the same as if the matter

Page 20: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

20 | P a g e

arising thereof has been referred to him originally and deemed to form part of the

reference made by Director (Marketing).

(e) The Arbitrator shall be at liberty to appoint, if necessary, any Accountant or

Engineer or other technical person to assist him and to act by the opinion so taken.

(f) The Arbitrator shall have power to make one or more awards whether interim or

otherwise in respect of the dispute and difference and in particular will be entitled

to make separate awards in respect of claims or cross-claims of the parties.

(g) The Arbitrator shall be entitled to direct any of the parties to pay the costs of the

other party in such manner and to such extent as the Arbitrator may in his

discretion determine and shall also be entitled to require one or both the parties to

deposit funds in such proportion to meet the Arbitrators expenses whenever called

upon to do so.

(h) The parties hereby agree that the Courts in the City of Mumbai alone shall have

jurisdiction of entertaining any application or other proceedings in respect of

anything arising under this agreement and any award or awards made by the sole

Arbitrator hereunder shall be filed in the concerned Courts in the city of Mumbai

only.

ANNEX – 12

FORMAT FOR SUBMISSION OF TENDERER DETAILS ON LINE Description Details

Name of the Company On line

Postal Address On line

Address of Registered Office On line

Telephone, Fax, Mobile numbers of key Executives/Directors On line

E-mail address On line

Constitution of the Company On line

Date of Incorporation On line

Year of commencement of business On line

Sales Tax registration Number (if relevant) On line

Income Tax Registration Number On line

Service Tax Registration Number On line

PF Registration Number On line

ESIC Registration Number On line

(Please enclose notarised copies of Audited Financial Statements duly signed and stamped by auditors in hard copies with Technical Bid papers)

2011-12 2012-13 2013-14

Annual Transaction Values of various services (in Rs Crores) – Please enter ONLINE.

Page 21: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

21 | P a g e

QUALIFICATION CRITERIA FOR OPENING OF PRICE/COMMERCIAL BID

a. A Company with an office in India and having proven track record of rendering similar services

through their Resources, at least for last 3 years, with a minimum average overall annual value of

Rs 10 Crores in each of the 3 years.

b. Company should have experience of servicing minimum five clients in the Region. (A List of

clients and supporting documents for the same, to be submitted for this).

c. Company should have experience of servicing at least in at least 4 states (in respective Region). Pls

provide a list of cities being currently serviced by you alongwith supportings.

d. Acceptance of terms and conditions as mentioned by the CORPORATION in the Tender and

submission of all Details as per requirements of this tender. (Bidder has to sign on all pages of the

Annex 1, 2, 9, 10 , 11,12 & 13 and submit the same as a token of having read, understood and

accepted all scope / terms and conditions of the tender).

8. SIGNING OF AGREEMENT:

Each successful tenderer will have to sign an Agreement as per the draft attached as Annexure-1, along with the tender document. The period of agreement with successful tenderer would be Two (2) years Further, Agreement would, however, be subject to the right of BPCL to terminate it prematurely as per terms of the Agreement. Draft of the Agreement is available with the Tender document.

9. TENDER OPENING

9.1 The tender document (technical documents submitted in e-bidding & documents submitted in physical form) will be opened at the following address on the date and time as specified in NIT:

Regional Manager (Lubes) East 1ST Floor, Wing 2 Bharat Bhavan, Plot No. 31, KIT Scheme 118, Golf Green, Prince Gulam Md. Shah Road, Kolkata 700 095

9.2 Tenderer or his authorised representative (duly authorised in writing by the Tenderer) may witness the opening of tender on the scheduled date and time.

9.3 Tenders received late for whatever reasons / without Tender Fee, EMD or documents in Physical form as mentioned under Para 20below / submitted at the wrong address / in open or stapled condition / incomplete in any other respect will not be considered.

9.4 The tenderer can also witness the tender opening through e-procurement system on https://bpcleproc.in.

IMPORTANT:

Page 22: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

22 | P a g e

a. It is mandatory that, before closure of the tender at 02.00 pm on 15.12.2015, the tenderer should submit the documents in physical form as specified under para 20 below.

b. Tenderer shall submit Price Bids only through e-bidding and no physical documents shall be submitted.

c. Tenderer is required to quote for all the locations mentioned in the schedule. Otherwise price bid will be treated as cancelled.

d. Tenderer is required to quote within the lower & upper benchmark provided in price bid. Otherwise price bid will be treated as cancelled.

10. OPENING OF PRICE BID:

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

10.2 The tenderers meeting minimum qualification criteria will only be considered for opening of price bids after evaluation of Technical bids of all participating and valid tenders. After scrutiny of the „technical bids‟ by BPCL, the eligible tenderers will be notified regarding date, time and venue for the opening of price bids.

10.3 The price bid will be opened only through the e-procurement system on https://bpcleproc.in.

10.4 The price bids will remain valid for 180 days from the date of opening of the Price Bid unless extended by mutual consent in writing. The Corporation reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the tenderers, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoever.

11. MIS-REPRESENTATION OR SUPPRESSION OF FACTS:

If it is found that the tenderer has applied although he/she was not eligible as per conditions laid down in minimum qualification criteria of this tender or has claimed benefit of reservation on the basis of wrong documents or has given false affidavit/ information including quoting wrong PAN number or has suppressed any material fact about trucks etc. whether at the time of application or at the time of execution of agreement, the tender/ allotment will be rejected/cancelled summarily without issuing any show cause notice for the same. In case of such cancellation, entire amount deposited against EMD/security deposit amount shall be forfeited.

12. GENERAL TENDER TERMS & CONDITIONS :

12.1 Relatives (as per list enclosed) of officer/s responsible for award and execution of this contract in BPCL are not permitted to quote against this tender. The tenderer shall be obliged to report the name/s of person/s who are relatives of any officers of the BPCL & any of its subsidiary Companies i.e. NRL, BPCL, BPC-KR etc., IOC or HPC or IBP or any officer in the State or Central Government, and who are working with the tenderer in their employment or are subsequently employed by them. Any violation of this condition even if detected subsequent to the award of contract, would amount to breach of contract on

Page 23: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

23 | P a g e

tenderers part entitling BPCL to all rights and remedies available thereof including termination of contract.

12.2 All rates quoted should be both in words and figures. In case of any difference between the two, the rates quoted in words shall be considered as final and authentic. Also the rates should be quoted in the same units as mentioned in the tender schedule.

12.3 In case it is observed that all the tenderers or a group of tenderers have quoted in cartel, BPCL reserves the right to reject some or all the bids of the tenderers who have quoted in cartel, without assigning any other reasons for the same.

12.4 Rates quoted would be valid and binding on the tenderer for 180 days from the opening date of Price Bid unless extended by mutual consent in writing. During the validity period, tenderer will not be allowed either to withdraw or revise his offer on his own. Breach of this provision will entail forfeiture of the Earnest Money Deposit. Once the tender is accepted and work awarded, the rates will be valid for the entire contractual period.

12.5 BPCL reserves the right, at their sole discretion, and without assigning any reason whatsoever, to:

a. Negotiate with any or all tenderer b. Reject any or all tenders either in full or in part

12.6 The tenderer should study all the operations/ local conditions at the locations of

BPP deployment as per list given herewith. Tenderers would be presumed to have acquainted themselves with the working conditions existing at the location, before submission of the tender.

12.7 Tenders not meeting the tender terms & conditions or incomplete in any respect or with any additions/ deletions or modifications are liable to be summarily rejected without any further communication to the tenderers and decision of BPCL in this respect will be final and binding.

12.8 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.

12.9 Estimated quantity to be delivered shown in tender document is indicative and is subject to change.

12.10 Tenderers / his authorized representative may witness the opening of tender on the scheduled date & time.

12.11 Integrity Pact Programme:

e. All the pages of the Integrity Pact as per the attached proforma (refer annexure) shall be submitted in physical form, duly signed by the same signatory who is authorized to sign the bid documents. Bidder‟s failure to submit the IP document duly signed shall result in the bid not being considered for further evaluation. Following is the format of the

Page 24: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

24 | P a g e

Integrity Pact which should be submitted on plain paper duly signed and stamped and sent with the TECHNICAL BID.

(The following Proforma of Integrity Pact (IP) shall be submitted by the Tenderer(s) on plain paper along with Technical Bid. All the pages of the Integrity Pact shall be duly signed, by the same signatory who is authorized to sign the tender documents. Tenderers failure to return the duly singed Integrity Pact along with Technical Bid shall result in tender not being considered for further evaluation.)

INTEGRITY PACT

Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And ………………………..hereinafter referred to as "The Bidder/Contractor/Supplier" Preamble The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International"(TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal :

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a

Page 25: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

25 | P a g e

substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / Contractor/Supplier:

(1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts :

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the

Page 26: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

26 | P a g e

amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, he Principal may revoke the exclusion prematurely.

Section 4 - Compensation for Damages :

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 - Previous Transgression :

(1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors:

(1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.

Page 27: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

27 | P a g e

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors :

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors :

(1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the

Page 28: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

28 | P a g e

Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(8) The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration :

This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and ontinue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 - Other provisions :

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

For the Principal For the Bidder/Contractor/Supplier Place: ____________________ Place: _________________________ Date: _____________________ Date: _________________________ Witness 1: _________________ Witness 1: _________________ Witness 2: _________________ Witness 2: _________________ (Signature/Name/Address) (Signature/Name/Address)

Page 29: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

29 | P a g e

f. If the bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the bidder Liquidated damages amount by forfeiting the EMD/Bid security as per provisions of the Integrity Pact.

g. If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from the contractor, Liquidated Damages amount by forfeiting the Security Deposit ./ Performance Bank Guarantee as per provisions of the Integrity Pact.

h. Bidders may raise disputes / complaints, if any, with the nominated Independent External Monitor whose name/ address / contact numbers are as given below:

Shri S.S.N.Murthy GFQ, 1st Floor, B Block, Summit Apartments

Mettupalayam Road Coimbatore 641043 e-mail [email protected]

13. EVALUATION OF THE TENDERERS:

13.1 This Tender is floated in two bid system i.e. technical bid & price bid. Initially, the technical bids will be opened on scheduled date and will be evaluated on the following minimum qualification criteria‟s as mentioned above besides meeting other tender guidelines.

13.2 Price bids of only technically qualified tenderers, based on technical evaluation, will be opened on a notified date which will be communicated only to technically qualified tenderer.

13.3 BPCL reserves the right to reject the tender application of a tenderer, based on BPCL‟s experience with them on their past performance.

13.4 BPCL reserves the right at its sole discretion to reject unworkable/ unviable rates quoted by tenderers. Such tenderers will be treated as disqualified and will be rejected. The decision of BPCL in this regard will be final and binding.

14. EARNEST MONEY DEPOSIT (EMD):

14.1 Tenders without EMD of Rs.1,00,000/- (One Lakh) shall be rejected. EMD should be paid by Demand Draft drawn on any Scheduled Bank in favour of “Bharat Petroleum Corporation Limited” and payable at Kolkata.

14.2 Cheques or request for adjustment against any previously deposited EMD/ pending dues / bills / security deposits for other contracts etc. will not be accepted as EMD, and any tender with such stipulation will be treated as without EMD and shall be rejected.

14.3 Interest is not payable on EMD.

Page 30: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

30 | P a g e

14.4 EMD is liable to be forfeited, if the tenderer modifies/ withdraws the offer and / or refuses to accept the LOI/ Work Order after acceptance of BPCL‟s offer within the prescribed validity of the tender, or if the tenderer does not furnish the required security deposit, or if the tenderer is unable to position any or all offered locations within 30 days after the issuance of Letter of Intent/award of contract.

14.5 EMD would be refunded only after finalization of the tender. On the award of contract, EMD is either converted into security deposit towards security of the contract in case of successful bidders or refunded to the unsuccessful bidders.

15. SECURITY DEPOSIT (SD):

15.1 Successful tenderers will be required to submit Security Deposit of Rs. 1,00,000/- (One lakh only) within 15 (fifteen) days of issuance of LOI.

15.2 Any loss/ claim and/ or damage arising out of the performance of the contract would be adjustable against the Security Deposit. Any loss/ claims/ damages higher than Security Deposit will be recovered from payments due to the vendor under this contract or deposits made by or payments due to the vendor under any other contract with BPCL.

15.3 Successful tenderer will have to submit Security Deposit amount.

16. EXECUTION OF AGREEMENT:

16.1 Successful tenderer/s will be required, to execute the Agreement, within 15 (fifteen) days of the date of issue of the LOI and should physically place the BPPs at the location as per list given by BPCL.

16.2 Tenderers are advised to carefully scrutinize the specimen set of Agreements and Forms attached with tender documents/downloaded from our website before submitting their tender.

16.3 When the person signing the tender is not the authorized signatory, necessary original Power of Attorney authorizing the signatory to act on behalf of the proprietor/ firm should be produced before signing the agreement, and notarized copy of the power of Attorney of the person authorising should be submitted for the record of BPCL.

16.4 Failure to execute the agreement and/ or furnish required Bank guarantee within 15 (fifteen) days of issue of LOI may render the tenderer liable for forfeiture of Earnest Money Deposit and termination of contract without prejudice to the rights of BPCL to recover the damages under Law.

16.5 All terms & conditions stipulated in the Notice Inviting Tender, Guidelines for Tenderers, Tender Terms & Conditions, Declarations, Agreement and other documents furnished with the Tender and related correspondence shall form part of the contract.

17. MISCELLANEOUS:

17.1 BPCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. Also BPCL reserves the absolute right to reject any or all the bids/tenders solely based upon the past unsatisfactory performance by the

Page 31: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

31 | P a g e

bidder/bidders in BPCL, the opinion/decision of BPCL regarding the same being final and conclusive.

17.2 No unsolicited correspondence/ queries will be entertained while the award of the service contract is under review/ consideration. BPCL regret their inability to answer individual queries.

17.3 If any of the information submitted by the tenderer is found to be incorrect at any time including the contract period, BPCL reserves the right to reject the tender/ terminate the contract and reserves all rights and remedies available.

17.4 The tenderer, should not be blacklisted by any of the public sector oil companies.

17.5 Online submission of tender document is a confirmation that the tenderers have fully read and understood the terms and conditions of this tender and have accepted the same in toto.

17.6 The terms “BPC”, “BPCL”, “The Corporation”, “The Company” and “Bharat Petroleum Corporation Limited” in the appropriate context means Bharat Petroleum Corporation Limited, a Company registered under Companies Act, 1956 and having its registered office at 4 & 6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 and its successors and assigns.

18. DUPLICATION OF CLAUSE:

Whenever there is duplication of clause either in the terms and conditions or in the Agreement, the clause, which is beneficial to BPCL, will be considered applicable at the time of any dispute.

19. GUIDELINES FOR TENDERERS

19.1 Tenderers shall log on to the e-procurement website http://bpcleproc.in and register themselves.

19.2 The tenderer should download the tender document from e-procurement system on https://bpcleproc.in and after carefully reading the same should be uploaded under his/her login ID, as token of acceptance of all terms & conditions therein.

19.3 The system time (IST) that will be displayed on e-procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

19.4 For any further clarification, please contact Bazaar Channel Manager (Lubes) East at BPCL Eastern Region Office Kolkata.

19.5 The tender document shall be obtained/applied by the party in its own name as the tender document is not transferable.

a. The tender should be strictly in line with the terms and conditions. Any tender not conforming to the terms and conditions prescribed in the tender documents shall be summarily rejected.

b. Counter terms and conditions will not be accepted.

c. Overwriting will not be accepted. 19.6 Tender terms and conditions mentioned in the tender should be carefully

studied. The online submission of tender by the tenderer under their login id is

Page 32: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

32 | P a g e

considered as a token of acceptance of the terms and conditions therein. Tenderer should retain a copy of tender document submitted online for his/her reference / record purpose.

20. TECHNICAL BID:

Submission of Technical Bid: Details of documents to be submitted on-line and in physical form.

Sr. No.

Particulars

Sub-mission Online Only

Sub-mission of Physical

Document Only

1 Tender Document digitally signed and uploaded under tenderer login id through e-procurement system on https://bpcl.eproc.in

2 Price Bid uploaded under tenderer login id through e-procurement system on https://bpcl.eproc.in

3 Particulars of Tenderer Detail Filled & signed and documents duly notarised

4 Tenderer‟s Covering Letter

5 Attested copy of previous available 3 years audited annual report during. 2011-12, 2012-13, 2013-14 ,2014-15

6 Company should have experience of servicing minimum 5 clients in the Region. (A List of clients and supporting documents for the same, to be submitted for this).

7

Company should have experience of servicing at least in at least 4 states (in

respective Region). Pls provide a list of cities being currently serviced by you

alongwith supportings

8 Details of relationship with BPCL Directors as per Annexure – 15

9

Acceptance of terms and conditions as mentioned by the CORPORATION in the Tender and submission of all Details as per requirements of this tender. (Bidder has to sign on all pages of the Annex 1, 2,4,5,6,7,8, 9, 10 , 11,12 & 13 and submit the same as a token of having read, understood and accepted all scope / terms and conditions of the tender).

10 Proforma of Integrity Pact duly signed (all pages) by the same signatory who is authorized to sign the tender documents. As per para 12.11

11 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card

12 Draft Agreement duly stamped and signed as per annexure -14

13 Attested copies of Trading license or Company Registration Certificate.

14 Attested copies of Partnership Deed or Certificate of Incorporation

15 EMD Rs. 1,00,000/- by DD payable at Kolkata , if not registered as vendor

16 Team Structure of the company

17 Documents showing – Constitution of company, Team structure of the company, Year of commencement, Income Tax Registration, Service Tax Regn, PF & ESIC registration.

Page 33: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

33 | P a g e

21. PRICE BID:

21.1 Tenderer shall submit price bids only online e-bidding through e-procurement system on https://bpcleproc.in under their login ID only.

21.2 No responsibility will be taken by BPCL for any delay due to connectivity and availability of website.

.

22. No guarantee can be given by BPCL to any definite volume of work, which will be entrusted to the vendor. However the number given in schedule are purely indicative without any obligation to the company and cannot be made the subject matter of any claim at any time even if the number actually offered for handling during the period of contract are substantially less or more than estimated numbers indicated.

Technical bid Annexure-13

Page 34: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

34 | P a g e

TENDERER’S COVERING LETTER

FROM: M/s. ______________________________________ (Address of the tenderer) ____________________________

To: Bharat Petroleum Corporation Ltd, SCM (Lubes), Sewree.

Dear Sir, Sub: Invitation of tender for providing service of Brand Promotion Partners for participating in Mak Brand Promotion Support Activities at select locations in the States of West Bengal, Bihar, Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015 at 02.00 pm) With reference to your subject tender, we confirm having carefully read, studied and understood various conditions/ documents supplied with the tender and return them duly signed and stamped for having accepted in Toto. We hereby submit the following documents as for the subject tender: (TECHNICAL BID): (Strike Off which ever is not applicable)

Sr. No.

Particulars DOCUMENT SUBMITTED

1 Tender Document digitally signed and uploaded under tenderer login id through e-procurement system on https://bpcl.eproc.in

YES / NO

2 Price Bid uploaded under tenderer login id through e-procurement system on https://bpcl.eproc.in

YES / NO

3 Particulars of Tenderer Detail Filled & signed and documents duly notarised YES / NO

4 Tenderer‟s Covering Letter YES / NO

5 Attested copy of previous available 3 years audited annual report during. 2011-12, 2012-13, 2013-14 ,2014-15

YES / NO

6 Company should have experience of servicing minimum 5 clients in the Region. (A List of clients and supporting documents for the same, to be submitted for this).

YES / NO

7

Company should have experience of servicing at least in at least 4 states (in

respective Region). Pls provide a list of cities being currently serviced by you

alongwith supportings

YES / NO

8 Details of relationship with BPCL Directors as per Annexure – 15 YES / NO

9

Acceptance of terms and conditions as mentioned by the CORPORATION in the Tender and submission of all Details as per requirements of this tender. (Bidder has to sign on all pages of the Annex 1, 2,4,5,6,7,8, 9, 10 , 11,12 & 13 and submit the same as a token of having read, understood and accepted all scope / terms and conditions of the tender).

YES / NO

Page 35: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

35 | P a g e

10 Documents showing – Constitution of company, Team structure of the company, Year of commencement, Income Tax Registration, Service Tax Regn, PF & ESIC registration.

YES / NO

11 Proforma of Integrity Pact duly signed (all pages) by the same signatory who is authorized to sign the tender documents. As per para 12.11

YES / NO

12 Attested acknowledged copy of the latest Income Tax Return filed and the copy of PAN Card

YES / NO

13 Draft Agreement duly stamped and signed as per annexure -14 YES / NO

14 Attested copies of Trading license or Company Registration Certificate. YES / NO

15 Attested copies of Partnership Deed or Certificate of Incorporation YES / NO

16 EMD Rs. 1,00,000/- by DD payable at Kolkata , if not registered as vendor YES / NO

17 Team Structure of the company YES / NO

I am/ We are authorized to sign this tender as Proprietor or as per Power of Attorney

issued by all other Partners/ Directors as per enclosure no. __________

Thanking you, Yours Faithfully, Date: Signature__________________ Name of Person signing__________________ Tenderer's Name and address with seal___________________

> > > > > O O O > > > > >

Page 36: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

36 | P a g e

Technical bid Annexure-14

AGREEMENT

This Agreement made at Kolkata, on the the___ Day of _____ , 2015 between Bharat Petroleum Corporation Limited a company duly incorporated under

the Companies Act, 1956 and having its Registered Office at 4/6, Currimbhoy

Road, Ballard Estate, Mumbai – 400001 hereinafter referred to as “the Client” with PAN No.AAACB2902M and TAN No.MUMB00573G , which expression, unless

it be repugnant to the context or meaning thereof shall be deemed to mean and include its successors and assigns) of the One Part

And

M/s_________, a company duly incorporated under the Companies Act, 1956 and

having its Registered Office at ____________ thereinafter referred to as _______ (which expression unless it be repugnant to the context or meaning

thereof shall be deemed to mean and include its successors or assigns) of the Other Part.

WHEREAS,

i. The Client had issued a Tender Document No. ---------- dated -------- for engaging services of M/s__________

ii. The Said Tender Document alongwith its various annexures (Annex1 – for Request for Quotation with terms and conditions, Annex 2- for Main Roles of BPP Resoures, Activities etc. Annex,3-Price Bid Format, Annex 3a – for Main Role of BPP Resources, Annex -3b- for Main Role of BPP Agency Supervisor, Annex 4,5,6, 7,7a,- for Visit & Activities of BPP Resoures and Summary of Work Measurement, Annex 8- for Compiled Report of Activities of BPP resources, Annexure 9 – for Location of BPP deployment, Annex.10- for Terms & Conditions, Annex 11- for Arbitration Clause & Annex 12 – for Submission of Technical Bid ) are attached as Annexures to this Agreement.

iii. Notwithstanding anything to the contrary in this Agreement, all Terms and

conditions and provisions of the said Tender Document along with its Annexure

will be treated as the final reference in case of any dispute.

(iv) The Client is in the business of refining and marketing of petroleum products (v) M/s_______ has offered to provide the services to the Client at locations

across country by its associates

(vi) The Client has agreed to avail Services (particulars whereof are set out in the Scope of Service – Annexure A hereto) to be provided by M/s________ on a

non-exclusive basis with respect to the location.

The Parties hereto are desirous of recording such terms and conditions in the manner hereinafter appearing.

Page 37: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

37 | P a g e

NOW, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE

PARTIES HERETO AS FOLLOWS:

1. Definitions:

“Affiliate” shall mean with respect to any person, any other person directly or indirectly

Controlling, Controlled by, or under direct, indirect or common Control with, such person. For the purposes of this definition of “Affiliate”, “Control”, “Controlled” or

“Controlling” shall mean, with respect to any person, any circumstance in which such person is controlled by any person by virtue of the latter person controlling

the composition of the board of directors or managers or owning or controlling percentage of the voting securities or interests of such person or otherwise.

“Area” shall mean the designated location assigned by the client from time to time, to M/s________ to perform his Services in accordance with this Agreement.

“Associates” shall mean Employees of M/s________ or specifically termed as “Brand

Promotion Partners” (abbreviated form BPPs) for this contract/service who are

deputed at the offices of the Client for providing the agreed services.

“Cost of Services” shall mean the amount to be paid to M/s________ by the Client (as set out in Annexure B) as reimbursement on account of remuneration paid

to associates located at various locations on fixed CTC basis to client as per agreed terms & conditions of the tender / mentioned herein for conducting

brand promotion activities. Also reimbursements of all other amounts payable

to such Associates, by way, of additional remuneration for outstation touring and incentives for quality of services rendered by associates subject to

evaluation of the quality of services as per agreed terms & conditions of tender details given in Annexure B-1..

“Parties” shall mean the joint reference to the Client and M/s________.

“Party” shall mean either the Client or M/s________.

“Services” shall mean all services necessary or required to be rendered by M/s________

Associates to the Client to effectively meet the requirements of the Client including

services set out in Scope of Services – Annexure-A hereto.

“Service Fees” shall mean the amount to be paid to M/s________ by the Client as a consideration for the Services as set out in Annexure B.

Appointment

2. The Client hereby appoint M/s________ on a non-exclusive basis in any such location as may be desired by the Client and M/s________ hereby accepts the

appointment and agrees to provide the Services in the Area and agrees to

Page 38: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

38 | P a g e

provide Services more particularly set out in Annexure-A hereto in accordance

with the terms and conditions set out herein.

Term

3. Unless terminated earlier, the appointment of M/s________ shall be for a

period of 24 (Twenty four) months commencing from ________2015 and ending on ____________2017.

Transfer of Associates

4 The above said transfer of Associates, if any, shall be without involving any cost to the

Client.

Services

5. M/s________ agrees that:

5.1 M/s________ Associates shall provide Services as discussed and detailed in the

Area. The Client shall be entitled, at its sole discretion, to enlarge or curtail the

Area.

5.2 M/s________ shall not do or cause to be done any act whereby or by reason whereof the reputation and goodwill of the Client is adversely affected in any

manner whatsoever.

5.3 M/s________ shall develop its own network and arrangements and recruit

Associates for providing Services as required by the Client referred to in the Scope of Services – Annexure-A.

5.4 M/s________ shall at all times, employ number of competent, qualified and

experienced Associates as required by the Client to carry out the Services. If

required by the Client, M/s________ shall provide resumes and such other details of its Associates to the Client.

5.5 Subject to the notice period agreed by M/s________ with the associate, the Client

shall be entitled to require M/s________ to remove any Associate from the

team of Associates providing Services, if in the reasonable opinion of the Client, such Associate is not suitable.

5.6 The Client shall by giving 15 (fifteen) days notice at its own discretion, require

M/s________ to curtail or increase the number of persons providing services.

5.7 All persons employed by M/s________ for rendering the Services hereunder

shall be employees of M/s________ who shall be solely liable and responsible for timely payments of all dues to such employees, such as

salaries, wages and other dues.

Page 39: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

39 | P a g e

5.8 All Associates engaged in providing services under this Agreement, are employees

of M/s________ and they shall not be deemed to be employees of the Client.

5.9 M/s________ shall promptly pay all undisputed claims, and statutory compliances of all its Associates providing Service under this Agreement. The

Client shall have the right to require M/s________ to submit satisfactory

evidence of payment of dues salaries and wages.

5.10 M/s________ shall be liable and responsible for meeting all liabilities to the Associates for providing Services hereunder and meet such liabilities in a timely

manner in compliance with all the applicable laws.

5.11 The Client shall not be liable for any payments, dues, wages and salaries of

the Associates.

5.12 ASSOCIATES shall enter the Client premises only when specifically instructed to do so. Associates of M/s________ shall not cause any nuisance in the Client,

premises or inconvenience any other person thereat.

Payment and Settlement of Accounts:

6.1 In full consideration of the Services to be provided by M/s________

hereunder the Client shall pay to M/s________ the Service Fee as set out in

Annexure-B hereto.

6.2 M/s________ shall maintain at all times cost records and accounts related to this

Agreement. The Client shall have the right to examine, with advance

notification, such records and accounts for the limited purpose of verifying requests for payment when costs are the basis of such payment.

Confidentiality

7.1 M/s________ shall hold all information, data, material, instructions, communications, the terms and conditions of business as strictly confidential,

whether received in writing or oral form, from the Client by M/s________.

The breach of this clause shall be construed as a material breach and the Client may terminate this Agreement forthwith in case of breach on the part of

M/s________. The Parties also agree:

(i) to maintain and use the confidential information only for the purposes of

this Agreement and only as permitted herein;

(ii) to only make copies as specifically authorized by the prior written consent of the other party and with the same confidential or proprietary

notices as may be printed or displayed on the original;

(iii) to restrict access and disclosure of confidential information to such of

their employees, agents, and third parties on a "need to know" basis, and upon the execution of a written undertaking from such employees,

agents, and third parties to maintain confidentiality of the confidential information disclosed to them in accordance with this Clause 9; and

Page 40: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

40 | P a g e

(iv) to treat confidential information as confidential for a period of five (5) years from the date of receipt. In the event of earlier termination of this

Agreement, the Parties hereby agree to maintain the confidentiality of the confidential information for a further period of three (3) years from

the date of such termination.

7.2 M/s________ agrees that any of the Client technical or business

information that M/s________„s employees other than Associates or agents acquire while on the Client’s premises, or through access to the

Client’s computer systems or databases while on or off the Client premises, shall be deemed Confidential information, except the

information provided to the Associates to perform services at the

Client’s premises.

7.3 All information provided by the Client to M/s________ shall, at all times, remain the sole and exclusive property of the Client. Upon

termination/expiry of this Agreement, confidential information shall be

returned to the Client or destroyed in accordance with the instructions of the Client and evidence of such destruction provided to the Client to its

reasonable satisfaction. The Client may at its sole option, witness the destruction.

Relationship

8. It is agreed between the Parties that this Agreement entered into between them is strictly on a principal to principal basis. Under no circumstance shall The

Client be deemed to have instructed, communicated or corresponded with any of M/s________„s employees in relation to Services under this Agreement.

Assignment

9.1. M/s________ shall not assign or sub-contract this Agreement in whole or in part to any third party, without the prior written consent of the Client.

9.2. The Client may at its sole discretion, assign this Agreement, and the rights and obligations to an Affiliate of the Client with the prior written consent of

M/s________.

Non-Compete

10.1 Unless otherwise agreed by the Client, M/s________ shall ensure that during the subsistence of this Agreement any Associate, who is performing the Services

under this Agreement, shall not undertake any other assignment for M/s________.

Page 41: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

41 | P a g e

10.2 On termination of this agreement, the Associates providing services under this agreement can be transferred to another service provider to provide any service

to the client without any cost to Client or such another service provider.

10.3 M/s________ shall use the name and logo of the Client as directed by the Client and in no other manner whatsoever. In any event, M/s________ shall not

use the name or logo of the Clients in any manner whatsoever either for credit arrangements or otherwise. It is agreed that the Client shall not in any way be

responsible for the debts, liabilities or obligations of M/s________ and/or M/s________„s employees.

No Agency

11.1 This document is not intended to and shall not be deemed to bring into existence a relationship of principal and agent between the Client and M/s________.

M/s________ shall not represent or hold himself out as agent of the Client.

11.2 M/s________ shall not make any commitments or representations to the

prospective subscribers or enter into any agreement with them on behalf of the Client.

Records and Reports:

12. M/s________ shall maintain records and accounts of all:

(i) Expenses;

(ii) Transactions – financial or otherwise and/or correspondence entered into by and between the Client and M/s________ and submit such reports to the

Client periodically as specified by the Client; and

(iii) Details of progress reports; and

(iv) Such other records and reports as may be specified by the Client from

time to time as specified in Scope of Services in Annexure-A.

M/s________ shall diligently and faithfully submit such reports to the Client in such format as prescribed by it on regular basis as specified by the Client.

13. Obligations of the Parties to the Agreement:

a. Recruitment M/s________ will help source candidates for selection based on agreed specifications.

The Client will not commit a person or absorb anybody for work without agreement from M/s________.

Page 42: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

42 | P a g e

b. Placement The Client will intimate the locations in writing where the Associates need to be

deputed. The Client will send a written recommendation to M/s________ if it wishes to relocate any of the Associates, for which the costs of relocation shall be borne by The Client.

c. Disciplinary action

The Client shall circulate a copy of their Code of Conduct and other Policies to be

followed by the Associates and will inform M/s________ of any acts of misconduct by a Associates immediately and discuss the action /steps to be taken.

d. Withdrawal of a Associates

In case of relieving a Associates, The Client shall conduct all the formalities required to

be done at their end and inform M/s________ duly of the same. No pending formalities shall be entertained at a later date by M/s________.

e. Safety and Health

The Client will not assign work of a hazardous nature (health / safety) without prior

intimation to M/s________ and without provision of adequate personal protection gear to the relevant Associates.

OBLIGATIONS OF M/S________ MANAGEMENT CONSULTANTS LTD

M/s________ will devise suitable selection procedures and ensure that personnel‟s

services offered have the approval of The Client. M/s________ will keep its designated personnel at its Centers, briefed on the service

requirements with Associates / The Client and ensure responsive service. M/s________ will ensure that the Associates‟ salaries / reimbursements are processed

and reached to the Associates latest by the 7th of every month.

M/s________ will review Associates performance periodically with the concerned

Executive of the The Client

M/s________ designated personnel will communicate with the Associates / concerned Executive of The Client periodically to address any problems and implement solutions to the satisfaction of The Client.

M/s________ will not be responsible for any payments made outside the purview of

this contract by the Client or any third party, to any Associates, without the prior written approval of M/s________.

M/s________ shall not be responsible for any actions of the Associates, in the event

The Client at its discretion assigns any responsibility to the Associates

including but not limited to cash handling or disbursals. In the event The Client requires any Associates to handle cash or any other assets of the company the

Page 43: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

43 | P a g e

same must be informed in advance and in writing to M/s________ so as to enable M/s________ to take a Fidelity Insurance or any other protection which M/s________ may deem fit, for the same, for which the applicable premium shall be reimbursed by the The Client to M/s________.

M/s________ will ensure that statutory benefits such as ESI, PF, Professional Tax, etc

where applicable will be administered as per law. M/s________ will respond promptly and responsibly to any charge of misconduct of

any kind by the Associates and ensure speedy resolution of the matter.

Audit

14. M/s________ shall provide to the Client, its internal and external auditors, inspectors, regulators and other representatives that the Client may designate

from time to time access at reasonable hours to M/s________ personnel and to M/s________ Records and other pertinent information, all to the extent

relevant to the performance of M/s________‟s financial obligations under this Agreement. Such access shall be provided for the purpose of performing audits

and inspections to: (i) verify the accuracy and completeness of

M/s________‟s invoices; (ii) verify the accuracy and completeness of pass-through expenses; (iii) examine the financial controls, processes and procedures

utilized by M/s________ in connection with the obligations under the Agreement (iv) enable the Client to meet applicable legal, regulatory and

contractual requirements. M/s________ shall provide any assistance

reasonably requested by the Client or its designee in conducting any such audit and shall make requested personnel, records and information available during

the Term of this agreement. M/s________ shall not be required to provide any of its internal or external auditors to participate in such audit unless

specifically requested by the Client in writing, in which case the Client shall be responsible for any incremental cost for such auditor's participation.

Applicable Law:

15. M/s________ warrants that all Services under the Agreement shall be performed in strict compliance with all applicable laws including but not limited

to the Minimum Wages Act, Employees State Insurance Act, Provident Fund Act

and Payment of Bonus Act as also to any other order, ordinances, notifications, rules, regulations, legislation or provision of or having the force, whether Central,

State, Municipal or otherwise, related to or pertaining to the execution or performance of the Promotional Services under this Agreement.

M/s________ shall execute and deliver to the Client any documents as may

be required to effect or to evidence such compliance. All laws and regulations required to be incorporated in agreements of this character are hereby

incorporated herein by reference.

Settlement of Disputes

Page 44: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

44 | P a g e

16.1 Neither party shall be entitled to make any claim and or be liable to the other party

whether in tort (including negligence) or in Agreement except as specifically provided in this Agreement.

16.2 Any claim arising out of or attributable to the interpretation or performance of this

Agreement which cannot be resolved by negotiation shall be considered a dispute

within the meaning of this section.

16.3 Any Dispute shall be referred to the Arbitration forum in line with Arbitration Clause of Tender Terms and Conditions.

Press Releases: 17. M/s________ shall not put out any press or other media release or make any

public announcement or statement relating in any way to the Agreement

contemplated herein, the business of the Client, the activities of the Client or any other arrangement between the parties hereto without the prior consent of the

Client.

Severability

18. If any section, paragraph or clause in this Agreement shall be held to be invalid or unenforceable in any jurisdiction, in which this Agreement is being performed,

then the meaning of such section, paragraph or clause shall be so constructed so as to render it enforceable to the extent feasible and if no feasible interpretation

would save such section, paragraph or clause it shall be severed from the Agreement. If such paragraph or clause is considered an essential element of

this Agreement, the parties shall promptly negotiate a replacement thereof. In

the event the parties are unable to agree upon the replacement within 30 (thirty) days of the final rendering such terms invalid or unenforceable, the Client may

terminate this Agreement upon 30 (thirty) days written notice. Entire Contract:

19.1 This Agreement and documents attached herewith and tender documents constitute the entire contract between the Parties with respect to the subject

matter hereof.

19.2 No changes, amendments, modifications or waiver of any of the terms and

conditions hereof shall be valid unless reduced to writing and signed by duly authorised representatives of both parties hereto.

Notices

20. Any notice, request, consent, waiver or other communication required or permitted hereunder shall be effective only if it is in writing and shall be deemed

received by the Party to which it is sent (i) upon delivery when delivered by

hand, (ii) three days after being sent, if sent with all sending expenses prepaid, by an express courier with a reliable system for tracking delivery or (iii) 14 days

after the date sent, if sent by certified or registered mail, postage prepaid, return receipt requested, addressed as follows:

If to the Client: Mr.S Kannan, Regional Mgr.Lubes, East, BPCL 118, Price Ghulam Md Shah

Road, Golf Green, Kolkata -700095

Page 45: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

45 | P a g e

If to M/s________: Mr. --------------------,

MARKETING DIRECTOR AND PRESIDENT-Staffing,

Waiver

21. Failure by the Client to enforce at any time or for any period any one or more of the

terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.

Jurisdiction

22. Subject to provisions of Clause 21 the Courts in Mumbai will have the exclusive

jurisdiction to entertain and try any dispute hereunder.

IN WITNESS WHEREOF the Parties have executed these presents on the day and year herein above written.

For M/s________ . For Bharat Petroleum Corporation Limited

__________________________ S Kannan

Designation Regional Mgr.Lubes

Page 46: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

46 | P a g e

ANNEXURE A

SCOPE OF SERVICE

M/s________ shall provide the Services through the Associates as required by the

Client from time to time in the designated area. The Client reserves the right to change the Scope of Service (“SOS”) at any time during the term of the

Agreement and M/s________ agrees to abide by the changed SOS. M/s________ also agrees to provide consistent quality services with trained

M/s________. M/s________ shall perform a broad level of Services,

including, but not limited to the following:

Providing associates on temp basis in desired area of activity / locations as per

the needs of the client.

To meet the project requirements of the client as per all the Tender Terms &

Conditions of client M/s Bharat Petroleum Corporation Ltd for participating in Brand Promotion Support activities

ANNEXURE B

COST OF SERVICES & SERVICE FEE

Cost of Services

The Client shall reimburse M/s________ every month cost of Services that shall

include all amounts paid and payable by M/s________ to the Associates or on their behalf, whether on a monthly basis or in lumpsum, providing the services

to M/s________ abiding by all applicable laws. The details of CTC are given here below:-_

Cost of Associate / Brand Promotion Partner Resource engagement

b) The CTC (Cost to client i.e. BPCL) per month per BPP resource on account of BPP resource engagement would be fixed at

c) Basic Rs.12142/- for Six specific cities (i.e. Mumbai/ Delhi/ Chennai/ Kolkata / Bangalore/Hyderabad) and Rs 11180/- for other cities.

This Fixed CTC includes all expenses incurred for conducting activities / reporting as per

scope of work e.g. Conveyance, Mobile, Telephone,Computer/Internet/ Cybercafe

access, any other field expenses etc and there will be no other reimbursement on these accounts.

Page 47: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

47 | P a g e

d) Rs 2000/- for Metro and Rs. 1500/- for Non Metro Cities per month per BPP Resource subject

to a Rating of minimum 8 (in a scale of 1 to 8) in the Work Measurement Sheet approved by

BPCL Sales Officer, Territory Manager and Bazaar Channel Manager and also be BPCL’s

channel partners of concerned area.

e) Outstation touring component (involving night stay)- if any resource is required for outstation

touring (on BPCL advice) : Rs 1000/-for Metro and Rs. 800/- for Non Metro Cities, per night

out shall be reimbursed to BPP resource subject to max 5 nights in a month and with approval

of BPC TM/BCM concerned.

f) Misc Exp for travel etc. Rs. 4000/- for Metro and Rs. 3000/- for Non Metro Cities as

mentioned in foregoing pages.

All above have to be necessarily and completely passed on to BPP Resource except for any govt

/ mandatory deductions in CTC (if and to the extent applicable e.g. PF, ESIC and

Insurance etc). Fixed CTC includes, any contribution of BPP (Agency) as an employer,

towards these govt./mandatory deductions and BPCL will not make any additional

payments (over and above CTC) on account of any such govt./mandatory deductions.

Payments made by the Client shall be subject to all statutory deductions as

applicable under the law.

f) M/s__________ BPP would be quoting only for their Service Charges as per quotation in tender i.e. @ _____ % towards administration, execution and

supervision / coordination of activities/ any other expenses, as per Scope of work.

g) Client BPCL will pay prevailing Service Taxes as applicable.

h) Service Charges and Service taxes would be paid by client BPCL towards all Costs on

account of Assiciates / BPP Resource engagement ( Fixed CTC, Incentive towards

Monthly WMS, and outstation touring compenent)

For Bharat Petroleum Corporation Limited

S Kannan

REG.MGR LUBES, ER, BPCL

For M/s________

Name :

Designation.

Page 48: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

48 | P a g e

Technical bid

Annexure-15 DETAILS OF RELATIONSHIP WITH BPCL DIRECTORS.

Tenderers should furnish following details in the appropriate part based on their organization structure:

Organizational structure Part of the form applicable.

Sole Proprietor PART – A Partnership Firm PART – B Company Private / Public / Co- operative Society. PART -- C

PART – A (Applicable where Tenderer is Sole Proprietor)

1) Name: 2) Address: 3) State whether tenderer is related to any of the Director(s) of BPCL: YES/ NO 4) If „YES „to 3, State the name(s) of BPCL Director(s) and Tenderer‟s relationship with

him / her. Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

PART – B (Applicable where the Tenderer is a partnership firm)

1) Name of the partnership firm responding to the tender: 2) Address: 3) Names of partners: 4) State whether any of the partner of the tenderer is a Director of BPCL: Yes/No 5) If „Yes‟ to (4) state the name(s) of the BPCL Director(s). 6) State whether any of the partner of the tenderer is related to any of the Director(s) of

BPCL: Yes/No

Page 49: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

49 | P a g e

7) If „Yes‟ to (6) state the name(s) of BPCL Director(s) & the concerned partner‟s (of the tenderer) relationship with him/ her.

Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

PART – C (Applicable where the Tenderer is a Public/ Private Limited Company/ Co-operative Society)

1) Name of the Company/ Co-operative Society responding the tender: 2) Address of: (a) Registered Office:

(b) Principal Office:

3) State whether the Company is a Pvt. Ltd. Co. or Public Co. or Co-operative Society. 4) Names of Directors of the Company/ Co-operative Society 5) State whether any of the Director of the Tenderer/ Company is a Director of BPCL:

Yes/No 6) If „Yes‟ to (5) state the name(s) of the BPCL Director(s). 7) State whether any of the Director of the Tenderer Company is related to any of the

Director(s) of BPCL: Yes/No 8) If „Yes‟ to (7) state the name(s) of BPCL Director(s) & the concerned Director‟s (of the

tenderer Co.) relationship with him/her. Strike out whichever is not applicable.

Date: Signature________________ Name of Person signing__________________ Tenderer's Name and address with seal__________________

DECLARATION „I‟

Page 50: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

50 | P a g e

We declare that we have complied with and have not violated any clause of the

standard Agreement.

Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________

DECLARATION „II‟ We declare that we do not have any employee who is related to any officer of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government.

OR We have the following employees working with us who are relatives of the officers of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central /State Government. Name of the Employee Name and Designation of of the Transporter the Officer of BPCL/ IOC/ HPC /IBP/BPCL/BPCL-KR/NRL/Central /State Government and relation. 1. ________________________________________________ 2. ________________________________________________ Strike off whichever is not applicable. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal___________________

DECLARATION „III‟ The Tenderer is required to state whether he/ she is a relative of any Director of BPCL or the tenderer is a firm in which Director of BPCL or his relative is a partner or is any other partner of such a firm or alternatively the Tenderer is a private company in which

Page 51: NOTICE INVITING E-TENDER TENDER PAPER_15-17.pdf · Jharkhand, Odisha and North Eastern States covering Retail Outlets and customer premises. (Tender No. 1000246115 due on 15.12.2015

51 | P a g e

Director of BPCL is member or Director, (the list of relative(s) for this purpose is given below)

N.B: Strike off whichever is not applicable. If the tenderer employs any person subsequent to signing the above declaration and the employee so appointed happens to be relative of the Officer of BPCL//BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government, the tenderer should submit another declaration furnishing the names of such employees who is/are related to the Officer/s of BPCL/BPCL-KR/IOC/HPC/IBP/NRL/Central/ State Government. Date: Signature___________________ Name of Person signing___________________ Tenderer's Name and address with seal__________________

LIST OF RELATIVES A person shall be deemed to be a relative of another, if any and only if, i) He / She / They are members of Hindu Undivided family or ii) He / She / They are Husband & Wife or iii) The one is related to the other in the manner indicated below.

1) Father 2) Mother (including Step Mother) 3) Son (including Step Son) 4) Son‟s Wife 5) Daughter (including Step Daughter) 6) Father‟s Father 7) Father‟s Mother 8) Mother‟s Mother 9) Mother‟s Father 10) Son‟s Son 11) Son‟s Son‟s Wife 12) Son‟s Daughter 13) Son‟s Daughter‟s Husband 14) Daughter‟s Husband 15) Daughter‟s Son 16) Daughter‟s Son‟s Wife 17) Daughter‟s Daughter 18) Daughter‟s Daughter‟s Husband 19) Brother (including Step Brother) 20) Brother‟s Wife 21) Sister (including Step Sister) 22) Sister‟s Husband