TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT...

Signature of the Bidder 1 of 42 FOR TSAIDCL

TELANGANA STATE

AGRO INDUSTRIES DEVELOPMENT

CORPORATION LIMITED

DRAFT EXPRESSION OF INTEREST (EOI)

EOI NO: 30/TSAGROS/EOI/NALGONDA/AKPB/2018-19, dated: 14-02-2019

CALLING OF EXPRESSION OF INTEREST (EOI) FOR

APPOINTMENT OF SERVICE PROVIDER TO RUN THE AGRO

KARSHAK PETROL BUNK (AKPB) AT NALGONDA FOR

DISPENSING FUEL, OTHER ALLIED PRODUCTS SALES AND

OTHER RELATED ACTIVITIES INCLUDING DAY TO DAY

OPERATION AND MAINTENANCE OF FUEL OUTLETS OF TSAIDCL.

FOR EOI DOCUMENT DOWNLOADING FROM

Website: www.tsagros.org

ADDRESS

O/o TSAIDCL, #BLOCK NO: 301 & 302, 3 RD FLOOR,

SWARNAJAYANTHI COMMERCIAL COMPLEX,

AMEERPET, HYDERABAD-500038

http://www.tsagros.org/


STANDARD BID DOCUMENT

INDEX

Sl. No.

DETAILS PAGE No.

1 DISCLAIMER 4-5

2 NOTICE INVITING EOI 6-9

3 ABBREVIATIONS 9

DETAILS OF EOI NOTIFICATION

4 PREAMBLE 10

5 TERMS AND CONDITIONS OF THE EOI 10

6 EARNEST MONEY DEPOSIT (EMD) 11

7 SUBMISSION OF BID 12

8 DOCUMENTS REQUIRED FOR QUALIFICATION 12-13

9 AMENDMENT OF EOI DOCUMENT 13

10 FINANCIAL BID 13

11 PERIOD OF CONTRACT 13

12 ELIGIBILITY / QUALIFICATION CRITERIA 13

13 CRITERIA FOR SELECTION AND FINALIZATION 13-14

14 BIDDERS RESPONSIBILITY 14

15 OPENING AND EVALUATION OF BIDS 14-15

16 BID /EOI EVALUATION COMMITTEE 15

17 AMENDMENT OF EOI DOCUMENT 15

18 ALLOTMENT OF CONTRACT 15

19 TERMINATION OF EOI PROCESS 15


GENERAL AGREEMENT CONDITIONS OF THE CONTRACT

20 NATURE OF CONTRACT 16

21 PERIOD OF CONTRACT 16

22 EVALUATION OF CONTRACT 16-17

23 ELIGIBILITY CRITERIA 17-18

24 PROVIDING SERVICE/SUPPORT BY THE SERVICE

PROVIDER 18-21

25 PROCEDURE FOR PLACING INDENT TO THE OIL COMPANY.

21-22

26 PAYMENT OF FIXED SECURITY DEPOSIT AND ENTERING INTO AGREEMENT

22-23

27 PAYMENT TERMS 23

28 GENERAL CONDITIONS 24-27

29 TERMINATION FOR DEFAULT 27-28

30 PENALTIES FOR CHARGING EXCESSIVE RATES 28

31 TERMINATION OF CONTRACT 28-29

32 CONCLUSION OF AGREEMENT PERIOD 29

33 INDEMNITY 29

34 FORCE MAJEURE 29-30

35 APPLICABLE LAW 30

36 MISCELLANEOUS INSTRUCTIONS 30-31

37 BID RESPONSIVENESS 31

38 FRAUD AND CORRUPT PRACTICES 31-32

39 ANNEXURE - I (EMD DETAILS)

33

40 ANNEXURE - II

[FIXED SECURITY DEPOSIT (FSD)] 34

41 EOI SUBMISSION LETTER 35

42 ANNEXURE - III (STATEMENT SHOWING THE DETAILS OF

LOCATION PROJECTED VOLUMES)

36

43 ANNEXURE - IV (BID APPLICATION FORM)

37-38

44 SITE LOCATION OF AKPB TO BE ESTABLISHED

39-40

45

ANNEXURE – V

[FINANCIAL BID (PRICE BID)]

41


DISCLAIMER

The information contained in this EOI document or subsequently provided to Bidders,

whether in document or verbal or any other form by or on behalf of Telangana State Agro

Industries Development Corporation (TSAIDCL) by any of its employees or advisors, is

provided to Bidders on the terms and conditions set out in this EOI document and such

other terms and conditions subject to which such information is provided.

This EOI is not an agreement and is neither an offer nor invitation by TSAIDCL to the

prospective Bidders or any other person. The purpose of this EOI document is to provide

interested parties with information that may be useful to them in eliciting their proposals

pursuant to this EOI document. This EOI document may not be appropriate for all persons

and it is not possible for the TSAIDCL, its employees or advisors to consider the investment

objectives, financial situation and particular needs of each party who reads or uses this EOI

document.

This EOI document includes statements, which reflect various assumptions and

assessments made by the TSAIDCL in relation to the Contract. Such assumptions,

assessments and statements do not purport to contain all the information that each Bidders

may require.

The assumptions, assessments, statements and information contained in this EOI

document, may not be complete, accurate, adequate or correct. Each Bidder should,

therefore, conduct his/her own investigations and analysis and should check the accuracy,

adequacy, correctness, reliability and completeness of the assumptions, assessments,

statements and information contained in this EOI document and obtain independent advice

from appropriate sources.

Information provided in this EOI document to the Bidder(s) is on a wide range of matters,

some of which depends upon interpretation of law. The information given is not an

exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. The TSAIDCL accepts no responsibility for the accuracy or

otherwise for any interpretation or opinion on law expressed herein.

TSAIDCL, its employees and advisors make no representation or warranty and shall have

no liability to any person, including any Applicant or Bidder under any law, statute, rules

or regulations or tort, principles of restitution or unjust enrichment or otherwise for any

loss, damages, cost or expense which may arise from or be incurred or suffered on account

of anything contained in this EOI document or otherwise, including the accuracy,

adequacy, correctness, completeness or reliability of the EOI document and any assessment,

assumption, statement or information contained therein or deemed to form part of this EOI

document or arising in any way in this EOI Stage


TSAIDCL reserves the absolute right, without any obligation or liability, to accept or reject

any or all of the EOIs, at any stage of the process, to cancel or modify the process, or any

part thereof, or to vary any of the terms and conditions, at any time, without assigning any

reason whatsoever.

The volumes shown are only projections and that the Service Provider has to make his/her

own assessment about the potentiality of the outlet. No claims of whatsoever will be

entertained on non materialization of volumes.

The commencement of all the fuel outlets is subject to obtaining NOCs. No claims of

whatsoever reason will be entertained on non commencement of the said fuel outlets.

Without prejudice to any express provision contained in the Agreement, the Service

Provider acknowledges that prior to the execution of the Agreement, the Service Provider

has after a complete and careful examination made an independent evaluation of the

potentiality of the business and all the information provided by TSAIDCL, and has

determined to the Bidders satisfaction the nature and extent of such difficulties, risks and

hazards as are likely to arise or may be faced by the Service Provider in the course of

performance of its obligations.

TSAIDCL reserves the absolute right to reject any or all the bids without assigning any

reason(s) whatsoever and the decision of the management shall be final and binding on all

the Bidders. The Bid not fulfilling any of the above conditions will summarily rejected.


TELANGANA STATE AGRO

INDUSTRIES DEVELOPMENT CORPORATION LIMITED

NOTICE INVITING EOI

1. Department

Name TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT

CORPORATION LIMITED (TSAIDCL)

2 NAME OF THE

WORK

RUNNING OF AGRO KARSHAK PETROL BUNK (AKPB), AT NALGONDA BY SERVICE PROVIDER IN REVENUE

SHARING BETWEEN TSAIDCL AND SERVICE PROVIDER.

3 LOCATION VENKATESWARA(VT) COLONY, HYDERABAD ROAD, NEAR VIVEKANADA STATUE, NALGONDA, NALGONDA

DISTRICT

4. Circle/Division OFFICE OF THE VC & MD, TSAIDCL, HYDERABAD

5. EOI Number No:30/TSAGROS/EOI/NALGONDA/AKPB/2018-19,

dated: 14-02-2019

6.

FIXED

SECURITY

DEPOSIT (FSD)

Rs 50-00 Lakhs

FSD is the fixed deposit with TSAIDCL. It does not bear

any interest up to the agreement period. It is refundable/adjustable amount after the closure of Agreement.

7. Period Of

Contract 30(Thirty) years

8. Form Of

Contract As per EOI Document

9. EOI Type Two Type Bid

10. EARNEST MONEY DEPOSIT (EMD)

The Bidder shall submit the Earnest Money Deposit in the form of Demand Draft for Rs: 5,00,000/- ( Rupees

Five Lakhs only) drawn in favour of “TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION

LIMITED“ drawn from any nationalized banks and same EMD shall be submitted in the Technical Bid cover only.

EOI without EMD shall be rejected as being non responsive.


11. EOI document Cost

Rs. 5,000/-Towards the Cost of EOI document, non Refundable Demand Draft drown in favour of

“TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION” payable at Hyderabad shall be submitted

in the Technical Bid cover only

12. Bid submission

starting Date & Time

16-02-2019 from 11.00 AM

13. Bid submission

closing Date & Time

23-02-2019 up to 02.00 PM

14. Bid submission

Venue

Dropped in Box kept at O/o TSAIDCL,

Block NO: 301, 3RD FLOOR, Swarnajayanthi Commercial Complex,

Ameerpet, Hyderabad -500038.

15. Technical Bids

Opening Date and Time

25-02-2019 from 03.00 PM

16. Commercial Bids

Opening Date

and Time

28-02-2019 from 03.00 PM

17. Place Of BIDs Evaluation

TSAIDCL, its Conference Hall, Block No: 321, 3rd

Floor, Swarnajayanthi Commercial Complex, Ameerpet, Hyderabad-500038.

18. Officer Inviting Bids

The Vice Chairman and Managing Director,

TSAIDCL, Hyderabad.

19. Contact Person

& Details

General Manager, Contact No: 9912880011 Executive Engineer (Project), Contact No: 7780131237

Phone: 040-23302680, 040-23302681

20. Address/E-mail

Id

O/o TSAIDCL, Block NO: 301 & 302, 3rd Floor, Swarnajayanthi

Commercial Complex, Ameerpet, Hyderabad -500038 Email Id: [email protected]

mailto:[email protected]


22. PROCEDURE TO OFFER SUBMISSION:

22.1 The Bidders shall submit their response through Bid submission by

following the procedure given below.

A. The Bidders shall submit their bids to the EOI Inviting Authority as

notified at Venue mentioned to drop EOI in Sealed cover. The Bidders

shall submit EOI with all documents of Technical Bid in a separate

sealed cover duly super scribing as “1. TECHNICAL BID FOR “AKPB

NALGONDA” and Price Bid in a separate sealed cover duly super

scribing as “2. PRICE BID FOR “AKPB NALGONDA” with name and

address of the Bidders. Put the both covers in a third cover duly super

scribing “BID FOR AKPB EOI NO: 30/AKPB/NALGONDA/2018-19”

and same shall be Dropped in Box kept at O/o The TSAIDCL, #Block

No. 301, 3rd Floor, Swarnajayanthi Commercial Complex, Ameerpet,

Hyd-500038 within the date and time stipulated in the EOI.

B. The Bidders shall submit their eligibility, qualification details, Technical

bid, and financial bid etc in standard formats along with supporting

document copies in support of their bids. The bidder shall sign on all the

statements, documents, certificates, submitted by him, owning

responsibility for their correctness / authenticity. The Bidders shall

submit during the bid submission as per the EOI Notice and Bid

Document.

22.2 SUBMISSION OF EMD/DOCUMENTS

At the time of submission of bids, the Bidders are requested to submit the

originals of DD towards EMD and EOI document cost and along with other

documents at place mentioned within the date and time specified in EOI

notification either personally or through special messenger and drop the

same at box kept for Bid at O/o the TSAIDCL, #Block No: 301, 3rd floor,

Swarnajayanthi Commercial Complex, Ameerpet, Hyderabad -38, with

within the stipulated time and it is the own responsibility of Bidders.

TSAIDCL shall not take any responsibility for any delay or non-receipt. If

any of the documents furnished by the Bidders are found to be

false/fabricated/bogus, such Bids will be summarily rejected and the EMD

will be forfeited.


22.3 DOWNLOAD EOI DOCUMENT FROM WEBSITE:

The Bidders are requested to download the EOI Document from website:

www.tsagros.org or in person may be obtained from the Registered Office

of TSAIDCL, situated at #Block No: 301, 302, 3rd floor, Swarnajayanthi

Commercial Complex, Ameerpet, Hyderabad - 38 between 10:30 AM to 5:00

PM on all working days on payment of the amount mentioned against each

EOI Schedule cost in the shape of Demand Draft of Rs. 5,000/- (Rupees Five

thousand) and read all the terms and conditions mentioned in the EOI

Document and seek clarification, if any, from the EOI Inviting Authority.

The Bidders have to keep track of any changes by viewing the

Addenda/Corrigenda issued by the EOI Inviting Authority from time-to-

time, in the www.tsagros.org website/daily news papers for which EOI

Published. The Department calling for EOI shall not be responsible for any

claims/problems arising out of this.

General Terms & Conditions as per EOI Document

ABBREVIATIONS: AKPB - Agro Karshak Petrol Bunk

EMD - Earnest Money Deposit

EOI - Expression of Interest

FSD - Fixed Security Deposit

TSAIDC L - Telangana State Agro Industries Development Corporation Limited, Hyderabad


DETAILS OF EOI NOTIFICATION

EOI NO: 30/TSAGROS/EOI/NALGONDA/ AKPB/2018-19, dated: 14-02-2019

PREAMBLE

Telangana State Agro Industries Development Corporation Limited (TSAIDCL),

is very much interest to develop the financial strength through its activity duly

establishing the AGRO KARSHAK PETROL BUNKS business. For better

performance and development of business in financial activity, it is decided by

the TSAIDCL to take services of the Service Provider.

A. The EOI is for appointment of Service Provider for running AKPB for dispensing Fuel, other allied products sales and other related activities including day to day

operation and maintenance of Fuel Outlets of TSAIDCL its Agro Karshak Petrol Bunks.

B. TSAIDCL reserves the right to accept any Bid or reject/cancel any bid or all the Bids received in response to this EOI notification at any stage without assigning any reasons whatsoever.

C. The validity of EOI is 90 days.

TERMS AND CONDITIONS OF THE EOI

GENERAL

1. Bidder is required to read carefully the contents of this document and is expected to examine all instructions, forms, terms and conditions in the EOI documents. Failure to furnish all the information required as per the EOI document or submission of EOI not substantially responsive to the EOI documents in every respect will be at the Bidders’ risk and may result in rejection of the EOI.

2. The EOI must be submitted in the prescribed EOI Form along with requisite EMD and EOI document cost in the Technical Bid cover only as notified in the EOI

document within the date and time given.

3. The EOI once submitted shall not be permitted to be withdrawn. The TSAIDCL shall not be responsible for the delay in finalizing the EOI for administrative reasons or for the reasons beyond its control viz., Court directive etc.

4. Any Individual/person/Agency/Organization, who/which was a licensee to the TSAIDCL in the past and was terminated due to default in payment or for any other reasons and any existing licensee, who defaulted in payment of license fee

equivalent to 6 months and above in the present license on the date of submission of this EOI, is disqualified from participating in this EOI.

5. The Bidders shall also submit DD for an amount of Rs. 5,000/- (Five thousand Rupees only) towards EOI document Cost.


6. EARNEST MONEY DEPOSIT

The Earnest Money Deposit is to be furnished as under:

A. The Bidder shall submit the Earnest Money Deposit in the form of Demand Draft, drawn in favour of “TELANGANA STATE AGRO INDUSTRIES

DEVELOPMENT CORPORATION LIMITED” payable at Hyderabad shall be submitted in the Technical Bid cover only as a part of his/her BID drawn from any nationalized bank. EOI without EMD shall be rejected as being non responsive.

B. The EMD of the unsuccessful Bidder will be returned only after finalization of the EOI/Bidder. The TSAIDCL shall not be responsible for any delay in refund of EMD due to any reason in finalizing EOI i.e., Administrative reasons / Court directive etc.

C. The EMD of the successful Bidder will be adjusted towards in the Fixed Security Deposit (FSD) payable to the TSAIDCL towards its AKPB for successful bidder.

7. THE EMD OF THE BIDDERS WILL BE FOREFITTED UNDER THE FOLLOWING CIRCUMSTANCES.

A. When the EMD is less paid than what is stipulated in EOI.

B. When the EMD is paid through other means i.e., in a manner other than what is stipulated in the EOI Notification.

C. When EOI document form with pre-conditions or additional conditions is submitted.

D. When the EOI is submitted in an unconcerned EOI document form.

E. When the EOI is submitted for the business other than that notified in the EOI Notification.

F. When the EOI document form is submitted by a minor. However, in case the EOI is submitted on behalf of a minor, necessary proof of guardianship shall be submitted, failing which EOI will be rejected.

G. When the EOI form is submitted by the person as stated vide clause 4

above.

H. When the BID form is rejected as per the clause 8 (D).

I. When the successful Bidder fails to furnish FIXED SECURITY

DEPOSIT (FSD) (other than EMD) within 10 (TEN) days from the date of issue of letter of allotment of the contract.

J. When the successful Bidder backs out from taking up of the contract within the stipulated period, for whatsoever reason.

K. When the successful Bidder fails to enter into agreement with the TSAIDCL with in 10 (TEN) days from the date of issue of allotment letter for the contract.

L. Non enclosure of requisite documents.


8. SUBMISSION OF BID

A. Before submission of the EOI, Bidders are required to make themselves fully conversant with the terms and conditions, so that no ambiguity arises at a later date in this respect.

B. If the Bidder finds discrepancies in EOI document and its conditions or if he/she is in doubt as to their meaning, he/she should at once intimate and obtain clarification prior to submission of the EOI.

C. If the EOI is submitted on behalf of Individual/ firm, name of the person representing the firm along with designation shall be mentioned in the Bid from below the firm’s name. Also proof of authorization shall be enclosed.

D. The EOI document form shall be filled in all respects and shall be signed by the Bidders. The Bidders should ensure that their offer is submitted on the due date and time.

E. Incomplete EOI or EOI not fulfilling any of the conditions specified above are liable to be rejected without assigning any reason.

9. DOCUMENTS REQUIRED FOR QUALIFICATION:

A. A Demand Draft for Rs. 5,000/- (Five thousand Rupees only) towards EOI document cost which is non refundable.

B. Earnest Money Deposit (EMD) Rs.5,00,000/- (Rupees Five Lakh only)

C. Application form duly filled and signed as indicated at Annexure-IV.

D. All the papers of EOI document with terms and conditions duly signed by the Bidders on each page as a token of acceptance of all the terms and conditions.

E. Photo Id in case bidder is an individual.

F. Self attested copy of PAN/TAN card, and GST registration of the Bidders.

G. A certificate in original:

i. From an Independent Chartered Accountant on the turn over for the reference years i.e., 2015-16, 2016-17 & 2017-18 shall be submitted. (Not applicable for Individuals)

ii. Copy of Profit and Loss Account and Balance sheet duly certified by the Auditor for 3 years shall be submitted. (Not applicable for Individuals)

H. IT/ Returns duly filed for FYs 2015-16, 2016-17 & 2017-18 with computation details.

I. Articles of Association / Memorandum of Association (in case of registered companies), By laws and certificates for registration (in case of registered co-operative societies), Registered Partnership deed (in case of partnership firm), relevant Registration Certificates/ Deeds (in case of

individuals/Proprietorship).

J. Power of Attorney/Authority Letter to sign the EOI Document as applicable.

K. The Bidder should be an Individual/sole proprietorship/registered Firm/partnership firm/registered Cooperative Society/Company incorporated


under Companies Act in any business for not less than 3 years ending 2017-18 (Financial Year). (Firms & Companies only)

L. Any other document required as per the EOI conditions.

10. The EOI must be unconditional. Conditional offers will be summarily rejected.

11. AMENDMENT OF EOI DOCUMENT:

At any time prior to the Proposal Due Date, TSAIDCL may, for any reason, whether at its own initiative or in response to clarifications requested by a

Bidder, modify the EOI Document. Any modification thus issued will be informed to all the prospective bidders by notifying on TSAIDCL website www.tsagros.org. Such modification will be binding upon all bidders participating in EOI process.

12. FINANCIAL BID:

The Bidders shall submit the document copies of the Financial Bid (commercial

template) as mentioned at Annexure-V at venue mention in the O/o TSAIDCL

office, Block No 301, 3rd floor as per the time and date mention in the EOI. No

other format / preformed shall not be accepted.

13. PERIOD OF CONTRACT

The Contract will be awarded for a period of 30 (thirty) years among the qualified Bidders. For those lease sites the contract period of the Service

Provider is limited to agreement period of the lease site (for particular cases only).

14. ELIGIBILITY / QUALIFICATION CRITERIA:

A. The participants in EOI shall be an individual/ sole proprietorship/ registered Firm/ partnership firm/ registered Cooperative Society/Company incorporated under Companies Act/Joint Venture and produce relevant registration certificate accordingly.

B. Further to be eligible to participate in this EOI, the intending bidder firm must have annual turnover from business more than Rs. 1-00 Crore in any

one year of the FYs 2015-16, 2016-17 & 2017-18. C. INCOME TAX: IT returns filed for previous 3 immediate years with

computation details by both the individual and others. D. Fund requirement eligibility for Fixed Security Deposit shall be submitted

through Solvency Certificate/ Bank Deposit Certificate equalent to FSD after the date of advertisement to be obtained from a Nationalized Bank/Scheduled Commercial Bank as applicable for the purpose of eligibility.

15. CRITERIA FOR SELECTION AND FINALIZATION:

A. The Bidder who accepts equal amount of Fixed Security Deposit (FSD) with a condition, i.e., the bidder who quotes lowest percentage of share on current fixed margin, less than or equal to 60% on margin expected to be paid by the TSAIDCL on the current margin for litre in HSD & MS will be awarded the contract.

B. The percentage of share shall be paid to the successful bidder, if any after deducting of all kind of expenditures incurred for successful running of the AKPB. The TSAIDCL shall pay the Service Provider’s share on the receipt of


the current margin from the Oil Company per litre in MS and HSD as fixed time to time.

C. If more than one qualified bidder quotes equal percentage on margin, then the TENDER COMMITTEE will negotiate/draw of lots with the Bidders and make recommendations for the allotment to the competent authority.

D. When the successful Bidder fails to enter into agreement with the TSAIDCL within stipulated time from the date of issue of allotment letter for the contract, in such case the allotment is assumed to be cancelled as per EOI

terms and conditions. Then duly forfeiting such bidder EMD and the same may be awarded to next Bidder as on the negotiation and recommendation of the TENDER/EOI COMMITTEE.

16. BIDDERS RESPONSIBILITY:

The following due diligence/deliberation is the sole responsibility of the Bidder:

A. The Bidder may assess the expenses/potential of the outlets within area of AKPB. Bidder shall carry out his/her own study/assessment of the volumes and accordingly quote the percentage of share on current fixed margin. No claims of whatsoever are permissible on account of volume realisation.

B. The Bidder is expected to examine carefully the contents of all the documents provided. Failures to comply with the requirements of EOI document will be at the Bidder own risk.

C. It would be deemed that prior to the submission of EOI, the Bidder has:

i. Made a complete and careful examination of requirements, and other information set forth in this EOI Document.

ii. Made a complete and careful examination of the various aspects of the agreement of this EOI Document.

D. TSAIDCL shall not be liable for any mistake or error or neglect by the Bidder

in respect of the above.

17. OPENING AND EVALUATION OF BIDS:

A. The EOI’s will be evaluated at the TSAIDCL Office. TECHNICAL BIDs will be evaluated on 25.02.2019 from 03.00 PM PRICE BIDs will be evaluated on 28.02.2019 from 03.00 PM.

B. In the event of the date specified for evaluation of EOI being declared as a holiday for TSAIDCL’s office, the due date for evaluation of EOI’S will be the following next working day.

C. The maximum share allotted to the service provider is 60% on the current fixed margin per litre in HSD and MS, other allied products sales and other

related activities. The Contract will be awarded to the lowest quoted bidder (L1), who quotes less than or equal to 60% which is the maximum share allotted, after negotiations and recommendations made by TENDER/EOI COMMITTEE constituted for this purpose.

AND The Bidder, who accepts the Fixed Security Deposit (FSD)


[Note: Even though the Bidders meet the requirements, they are subject to be

disqualified at any stage if they have made misleading or false representations in

the forms, statements and attachments submitted in proof of the requirements /

qualification.]

18. BID/EOI EVALUATION COMMITTEE A. The EOI EVALUATION COMMITTEE constituted by the TSAIDCL shall evaluate

the Bids. The decision of the Tender/EOI Evaluation Committee in the evaluation of the Bids shall be final. No correspondence will be entertained outside the process of negotiation/discussion with the Committee.

B. The committee have the authority to review and take decision for finalisation of the Contract allotment, in case of previous default history in such business by the participating bidder.

C. Any approach from the Bidders representative or his Contractor, trying to influence the decision on the EOI calling Authority, officially or otherwise,

shall render the Bid liable to be summarily rejected. The EOI committee has been empowered to take the final decision regarding the Bid.

19. AMENDMENT OF EOI DOCUMENT:

At any time prior to the deadline for submission of proposals, TSAIDCL may for any reason, whether at its own initiative or in response to a clarification requested by prospective Bidders modify the EOI Document by issuing an addendum. Any Addendum issued by the TSAIDCL will reflect in the www.tsagros.org to provide reasonable time to the prospective Bidders to take an addendum into account while preparing their proposals, the deadline for submission of proposals may be extended, at the discretion of the EOI inviting

Authority, if required.

20. ALLOTMENT OF CONTRACT

As per the recommendations of the Committee, the contract will be allotted to

the successful Bidder. The successful Bidder shall enter into an agreement with the TSAIDCL within 10 days from the date of issue of letter of allotment of the contract.

21. TERMINATION OF EOI PROCESS

The TSAIDCL may terminate the EOI process at any time and without assigning any reason. TSAIDCL makes no commitments, express or implied, that this process will result in a business transaction with anyone.

UNDERTAKING: I/we have gone through the EOI Documents and accepted all the terms and condition of the EOI and bound by the conditions given in the document as well as scope of work. That we agree that any EOI may be rejected if the competent authority feels that the response to EOI is not qualified enough for the selected bidder to execute the project.

Seen, Read and Accepted.

Signature of the Bidder

http://www.tsagros.org/


GENERAL AGREEMENT CONDITIONS OF THE CONTRACT

1. NATURE OF CONTRACT

To provide services for operating and maintaining retail fuel outlet of TSAIDCL at location specified in Annexure-II i.e., dispensing FUEL, OTHER ALLIED PRODUCTS SALES and other related activities including day to day operations for running of Agro Karshak Petrol Bunks. The percentage of share shall be paid to the Service Provider, if any after deducting of all kind of expenditures incurred for successful running of the AKPB. The TSAIDCL shall pay the Service Provider’s

share on the receipt of the current margin from the Oil Company per litre in MS and HSD as fixed time to time.

Note: [The list of the outlets is indicative only. The allotment of operation of

outlets would be subject to obtaining NOC for the outlet specified. The outlets

will commence the outlet specified is in the process of obtaining NOC and

construction of the fuel Outlets will take time. The entire process of completion

of commencement of all the outlets notified may take a period of 06 months.

The Service Provider shall commence the operation of the fuel outlets as

intimated to him by the TSAIDCL from time to time].

2. PERIOD OF CONTRACT:

The period of contract is for 30 (Thirty) Years. The operation of the fuel outlet would be subject to obtaining NOC. Separate Agreement has to be entered outlet wise. For those lease sites the contract period of the Service Provider is limited to agreement period of the lease site (for

particular cases only).

3. EVALUATION OF CONTRACT:

A. The Bidder who quotes lowest percentage on current fixed margin, less than or

equal to 60% on margin expected to be paid by the TSAIDCL per litre of HSD

and MS (separately) indented and for operation and maintenance of Fuel Outlets

keeping in view the current margin that is given by Oil Companies. (The

Current margin as on date on the sale of the MS and HSD per litre.)

tentatively.

A. The Proforma of the Financial Bid (commercial template) is given at

Annexure-V. The Bidder shall submit the copy of the Financial Bid

(commercial template) as mentioned at Annexure-V in EOI. No other

format/proforma accepted. All the hard copies of the financial bid shall be

submitted in the financial Bid Cover at venue mentioned in the office while

submitting other hard copies as specified).

B. The contract shall be allotted to the Bidder who quotes lowest percentage of

share or equal to current fixed margin. If more than one qualified Service

Provider quotes equal percentage of share on current fixed margin, the

successful bidder will be decided through negotiations or draw of lots by the

tender committee.

C. The Bidder shall assess the expenses/potential of the outlet within location

mentioned. The volumes mentioned against outlet (Annexure-III) are


estimated quantities and the actual volumes can vary. Bidder shall carry out

his/her own study/assessment of the volumes and accordingly quote the

percentage of share on margin. No claims of whatsoever are permissible on

account of volume realization.

4. ELIGIBILITY CRITERIA

A. The Bidder should be a Sole Proprietorship/Registered Firm/Partnership

Firm/Registered Cooperative Society/Company incorporated under Companies

Act, in any business, for not less than 3 years ending 2017-18 (Financial Year)

with a turnover of 1 Crore in any one year. For individual, three year annual

returns shall be submitted. B. The Bidder should be registered under GST, furnish the GST Number and

should have been registered with Income Ta x, and other statutory bodies.

C. Should produce

i. Articles of Association/Memorandum of Association (in case of registered companies), By laws

ii. Certificates for registration (in case of registered co-operative societies)

iii. Registered Partnership deed (in case of partnership firm)

iv. Relevant Registration Certificates/Deeds (in case of individuals/Proprietorship).

D. THE SERVICE PROVIDER HAS TO SUBMIT THE FOLLOWING COPIES OF

CERTIFICATES ALONG WITH TECHNICAL BIDS.

i. The Bidder should be an Individual/Sole Proprietorship/ Registered Firm/

Partnership Firm/Registered Cooperative Society/ Company incorporated

under Companies Act and produce relevant registration certificate

accordingly.

ii. A Demand Draft for Rs. 5,000/- (Five thousand Rupees only) towards

EOI document cost which is non refundable.

iii. Application form duly filled and signed as indicated at Annexure-IV.

iv. All the papers of EOI document with terms and conditions duly signed by the

Bidders on each page as a token of acceptance of all the terms and

conditions.

v. Photo Id in case bidder is an individual.

vi. GST registered copy

vii. Pan Card/TAN card copy

viii. IT Returns for 3 Assessment years ending financial year 2017-18 with

statement of Calculations of Income.

ix. Power of Attorney/Authority Letter to sign the EOI Document as applicable.


x. The bidder shall submit EMD as under :

1. NALGONDA: Rs. 5,00,000/- as EMD

The EMD shall drawn in favour of “TELANGANA STATE AGRO INDUSTRIES

DEVELOPMENT CORPORATION LIMITED” as a part of his/her EOI drawn

from any nationalized bank and same DD Shall be submitted in Technical

Bid cover only, as a part of his/her EOI (format of the EMD is at Annexure-I).

The EMD of the successful Bidder will be retained by the TSAIDCL and the same

amount shall be added to Fixed Security Deposit (FSD) for the entire period of

contract, which shall not bear any interest. The Successful Service Provider shall

have to submit the balance Fixed Security Deposit (FSD) for the remaining

contract period, as per notified in the EOI document.

xi. Turn over details of last 3 financial years ending Financial Year 2017-18,

certified by a CA, supported by a Copy of Profit and Loss Account and Balance

sheet duly certified by the Auditor with stamp/name & membership number.

(Not applicable for Individuals)

xii. Articles of Association / Memorandum of Association (in case of registered

companies), By laws and certificates for registration (in case of registered

co-operative societies), Registered Partnership deed (in case of partnership

firm), relevant Registration Certificates/ Deeds (in case of

individuals/Proprietorship).

xi. Any other document required as per the EOI conditions.

E. The Successful Bidder is required to submit a valid labour license from

the Competent Authority under the provisions of the Contract Labour

(Regulation and Abolition Act, 1970) and Rules, 1971. The successful

BIDDER shall submit the ESI Registration & EPF Registration before

commencement of the contract.

5. PROVIDING SERVICE/SUPPORT BY THE SERVICE PROVIDER

A. To effect physical delivery of the Petroleum products for sale dispensed

through the said Retail Outlet at the rates fixed by the Oil Companies from

time to time.

B. The Service Provider shall be responsible for payment and procurement of

fuel for operation of the fuel outlet through TSAIDCL to Oil Company.

C. The Service Provider shall operate and maintain the Fuel Outlets duly

engaging the required Manpower. The Service Provider shall provide

adequate manpower to cover all activities (should not provide less

manpower). The Capping on the Cost of the Man power will be

decided on the basis of locations, labour Wages policy and number

of persons employed. Revenue sharing will be done on net income

after deducting operational cost of manpower, electricity and water

from the gross income.

D. The Service Provider shall be responsible for payment to staff engaged by

them for carrying out the operation and maintenance of the outlet at his

own cost. The Service Provider would ensure compliance of all the Labour

Laws and shall be responsible for any liability arising out of non-compliance


of Labour Laws/Statutory requirements with regard to the staff engaged by

him for operation of the outlet. TSAIDCL will not be liable or responsible for

any default that may arise due to non observance of laws/rules on the part

of the service Provider.

E. The Successful Bidder shall commence the operation of fuel outlets within

30 days of allotment of outlet by TSAIDCL. The allotment of the outlet

means Agro Karshak Petrol Bunk, when it is ready to functioning. Beyond

30 days a penalty of Rs.10,000/- (Ten thousand) per day will be levied

for a period of 7 days and after that the Allotment order will be

cancelled. In case the successful Bidder fails to commission the outlet/s

after initial allotment, the entire EMD will be forfeited and TSAIDCL reserves

the right to get the work done through alternate sources.

F. The successful Bidder shall operate the allotted fuel outlet. The Service

Provider shall not be permitted to withdraw from operation of allotted fuel

outlet.

G. When the Agro Karshak Petrol Bunk (AKPB) is ideal or not

functioning in any reason whatsoever, the mandatory expenses,

etc., if any shall be paid by the Service Provider. The Service

Provider has to deposit the same amount with TSAIDCL as on when

given the notice. If any delay may occur, then the same expenditure

amount as per the share should be deducted from the Service

Provider’s Fixed Security Deposit (FSD).

H. The TSAIDCL shall have the right to operate or not to operate fuel outlet

depending upon its exigencies. The Service Provider shall not have any right

or objection in this regard. The Service Provider shall not claim any charges

for loss of his/her business on the account of such non operation.

I. The Service Provider shall be responsible for any damage to

equipments, property and third party liabilities caused by acts on part

of its deployed manpower at TSAIDCL premises. All equipment shall be

used only for the purpose of carrying out legitimate business of TSAIDCL

and will not be put into any other use. For any established damage,

the extent of damage as decided by TSAIDCL will be final and binding on the

Service Provider and it will be adjusted from its receivables like Fixed

Security Deposit (FSD).

J. Staff deployed by the Service Provider shall be courteous, polite and

cooperative. The Service Provider shall verify the character antecedents

before deploying any person at the Fuel Outlets. The service provider

and his/her staff shall follow all Service standards as prescribed by the Oil

Company and the TSAIDCL.

K. The Service Provider shall ensure observance of all the Quality and Quantity

Control norms as per Marketing Discipline Guidelines issued by Ministry Of

Petroleum from time to time and any subsequent guidelines. The Service

Provider shall not contravene State Petroleum Products (Licensing and


Regulations of Supplies) Order, 1980 or any other order relating to

Petroleum Products issued under the Essential Commodities Act, 1955

(central Act 10 of 1955). The Service Provider shall abide by the provisions

of the Petroleum Act, 1934 and the Explosives Act, 1884 and any statutory

re-enactment or modification thereof for the time being in force and the

rules and regulations framed there under as also any other laws, rules or

regulations either of the Central/State Government. The Service Provider

shall also abide by the instructions issued by the Oil Company from time to

time.

L. The Service Provider shall be responsible for proper upkeep, cleanliness and

house-keeping of the outlet.

M. The Service Provider shall operate the outlet only in the name of the

“TSAIDCL” and shall not operate the same under his/her name and style or under any other name. The Service Provider should not claim ownership on the product or other equipment.

N. The Service Provider shall be granted permission to enter upon the site only

for conducting the business at the retail outlet in the name of the

“TSAIDCL” and for no other purpose.

O. The premises of the retail outlet shall be in the possession of the TSAIDCL

and one or more representative of the TSAIDCL shall always have the right

to be in the premises of the outlet.

P. The Service Provider is solely responsible for the safety of the persons

engaged by him/her for operation and maintenance of Fuel Outlets.

Q. Electricity, Water, maintenance of all tools and equipment and other

expenses for running the retail outlet shall be borne by TSAIDCL &

Service Provider in the ratio of the share agreed upon at the end of

the tender process.

R. The Service Provider shall follow the instructions issued from time to

time by the Oil Company in connection with safe practices and

Decanting procedure of the Petroleum Products. If any shortages

arise before or after decanting, the same shall be written on the

Invoice and the Service provider shall follow up with the Oil

Company for reimbursement of the same. All necessary safety

precautions like proper earthing etc., decantation of respective

product from the tank truck to the respective product underground

tank etc should be taken while decanting / delivering the petroleum

products and any loss arising out of such operations should be borne

by the Service Provider. The record of the density on a daily basis

should be promptly maintained in the prescribed mandatory records.

S. To maintain proper & correct accounts of the transactions carried out at the

outlet each day as specified in the Marketing Discipline Guidelines issued by

Ministry Of Petroleum.


T. To coordinate with the Weights & Measures department for initial

stamping and thereafter yearly/periodical stamping of dispensing

units. One designated employee of the TSAIDCL shall oversee the

stamping activity. The actual expenses will be reimbursed by the

TSAIDCL, on production of the original bills.

U. To arrange for effective operation of air/water and other customer oriented

facilities.

V. To check the dispensing pumps to ensure delivery of correct quantity

of MS & HSD on daily basis before start of sales and, in addition, if a

complaint is received at any time of the day. In case of variation in

delivery of product, the sales from such pumps should be stopped

immediately and inform the TSAIDCL and the concerned oil company

in writing. Totaliser seals and W&M seals should be inspected

everyday and in case damage is observed, sales should be stopped

immediately from such dispensing pumps and status to be conveyed

to the TSAIDCL and the concerned oil company in writing.

W. The Service Provider is responsible for handling the lubricants and allied

products at the outlet. Wherever required the operator shall deploy additional

manpower for sale of Lubricants. TSAIDCL will decide the quantum of margin

on sale of these lubricants, from time to time. At any point of time, the

service provider shall only sell products pertaining to the Oil Company which

the outlet belongs to and not of any other Oil Company.

X. Quality control equipment i.e., Hydrometer, Thermometer and

Measuring Jar as well as quantity measuring equipment like Weights

& Measures duly calibrated and stamped 5 litre measure jars should

always be maintained in good condition.

Y. To provide adequate security for the said Retail Outlet and ensure that

there is no unauthorized occupancy or encroachment of outlet premises.

The Service Provider is solely responsible for the safety of the entire Retail

outlet premises in all respects especially while handling receipt and

dispensing of petroleum products (as per norms) and protect the interests

of the TSAIDCL and the motoring public. Any loss arising out of such

operations shall be borne by the Service Provider.

Z. To maintain the quality of MS and HSD as specified by the concerned Oil

Companies.

6. PROCEDURE FOR PLACING INDENT TO THE OIL COMPANY

A. Upon receiving notice of completion from Oil Company, the TSAIDCL will

allot the fuel outlet and the Service Provider will place indent for 4 KL MS

and 4 KL HSD, which is required for testing and stamping purpose. These

activities may take at least 15 days before the Oil Company hand over the

retail outlet for regular operation. No claim of whatsoever will be admissible

for delay, if any beyond these 15 days.


B. For the further requirement of oil, indent for the fuel for all the outlets shall

be placed by the Service Provider on behalf of the TSAIDCL and send a copy

of the same to the designated employee of the TSAIDCL.

C. The TSAIDCL will transfer the amount to the Oil Company for the

supply of the Petroleum Products. The certified invoice for the

stock received along with the underground oil stock shall be mailed

to TSAIDCL on day-to-day basis.

D. Any delay in transfer of Amount to the Oil Company Account is the

responsibility of TSAIDCL. Any penalties or additional charges imposed by

Oil Company for delay of payment shall be borne TSAIDCL

E. Any delay in transfer of Amount to the TSAIDCL Account, it is the

responsibility of Service Provider as per EOI/contract agreement. Any

penalties or additional charges imposed by Oil Company for delay of

payment shall be borne Service Provider as per EOI/contract agreement.

The Service Provider shall ensure that the outlet should not go dry

for want of placement of indent. There has to be smooth operations

of all the Fuel Outlets.

F. In order to ensure smooth flow of data and handling of various activities, a

software package may be developed by TSAIDCL to enable

centralized handling. The service provider need to familiarize with the

same and ensure that all required data sharing happens online as per the

requirements of the TSAIDCL.

G. The Service Provider shall operate TSAIDCL Account POS machines at the

outlets for the cashless transactions.

7. PAYMENT OF FIXED SECURITY DEPOSIT (FSD) AND ENTERING INTO AGREEMENT:

A. FIXED SECURITY DEPOSIT (FSD)

The EMD of the successful Bidder will be adjusted in Fixed Security Deposit

payable to the TSAIDCL irrespective of commencement of the outlets. The

Balance Fixed Security Deposit has to deposit duly deducting the EMD paid to

TSAIDCL within the Time given for deposit from the date of issue of letter of

allotment.

B. FIXED SECURITY DEPOSIT (FSD)

The Service Provider shall have to submit as per the value notified in the

advertisement (as per Annexure II), within 10 days from the date of issue of

letter of allotment. The total FSD is lay with the TSAIDCL till the period of the

contract.

C. RELEASE OF FIXED SECURITY DEPOSIT (FSD)

The TSAIDCL will return the FSD after one month of successful completion of

agreement period and settlement of dues, if any.


D. The TSAIDCL shall have the right, at any time and to adjust the FSD amount

towards the due amounts payable to the TSAIDCL, if the Service Provider

defaults for breach of any terms and conditions of the agreement.

E. The Service Provider shall execute an agreement as stipulated by the TSAIDCL

duly paying applicable stamp duty within 10 days from the date of issue of

letter of allotment. He shall abide by observe and fulfil all the obligations as

imposed under the agreement.

F. In case, the successful Service Provider fails to furnish Balance FSD within 10

days from the date of issue of letter of allotment and/or fails to enter into

agreement with the TSAIDCL within 10 days from the date of issue of letter of

initial allotment, TSAIDCL shall have the right to forfeit the EMD amount in

favour of the TSAIDCL.

G. The Service Provider has to give his services with his staff for smooth and

successful running of AKPB. The Service Provider has to take the incentive for

improvement of the business without loss. The percentage of share shall be paid

from the Oil Company margins fixed charges after deducting the mandatory

expenditures, etc., likely to incur for the business transactions.

H. The TSAIDCL has the right to terminate contract, if the Service Provider fails to

run the Business for 15 days for continuously. The TSAIDCL shall have all rights

to terminate Service Provider on any other ground, whatsoever in nature duly

forfeiting the FSD.

8. PAYMENT TERMS

A. The TSAIDCL shall pay the Service Provider’s share from the receipt of

the amount from the Oil Company margins as per the Service

Provider/successful Bidder quoted the percentage of margin inclusive of

all taxes, Income Tax, GST and other GST TDS, if any as per Government

Acts and rules after deducting of all kind of expenditures incurred on

AKPB from running Business per litre of HSD and MS (separately)

indented from the current margin given by Oil Companies.

B. The Current margin as on date on the sale of the MS and HSD per litre.

C. Any incentive accrued over and above the projected volume will be

released to the Service Provider as per the Oil Company norms.

D. The Service Provider shall submit the percentage of share on margin bill in

triplicate separately along with incentive claims if any, in respect of a particular

month by 5th of the next month. The payment will be released by 10th of the

month subject to production of documentary evidence with a summary

statement i.e., Invoice no/Quantity/Date/Amount.

E. All payments to Service Provider will be made subject to deduction of Income

Tax (Tax deduction at Source) as per the Income- Tax Act, 1961, GST and other

taxes GST TDS if any as per Government of India Acts and rules.

F. Payment will be made within 10 working days of submission of bills through

RTGS.


9. GENERAL CONDITIONS:

A. The selected Service Provider can transfer the work to any other third

party duly getting approval from TSAIDCL after completion of Five (05)

years. Transfer fee will be 2% subject to a minimum of Rs. 1-00 lakh on

transfer transaction shall be remitted to TSAIDCL by the existing Service

Provider for facilitating transfer to others.

B. The personnel appointed by the Service Provider should be polite, cordial, positive

and efficient, while handling the assigned work. The Service Provider shall be

bound to prohibit and prevent any of employees from being intoxicated while on

duty, trespassing or acting in any detrimental or prejudicial to the interest of the

TSAIDCL. The decision of the officer designated by the TSAIDCL upon any matter

arising under the clause shall be final and binding on the Service Provider.

C. The Service Provider shall not engage Child labour.

D. The Service Provider has to provide Photo Identity Cards and Uniform to the

persons employed for carrying out the work.

E. The persons engaged by the Service Provider shall be the employee of the Service

Provider and it shall be the duty of the Service Provider to pay their salary every

month and to provide weekly offs. The Service Provider will be wholly and

exclusively responsible for payment of wages to the persons engaged by them in

compliance of all the statutory obligations under all related legislations as

applicable to them from time to time including Minimum Wages Act, Employees

Provident Fund, ESI Act etc. and TSAIDCL shall not incur any liability for any

expenditure whatsoever on the persons employed by the Service Provider on

account of any obligation. The Service Provider shall comply with all statutory

provisions.

F. The Service Provider shall comply all the rules and regulations under Weights and

Measures Act, shall cooperate with the authorities to provide samples and also be

liable to any action in case of short comings in the provisions of the act noticed by

the appropriate authorities.

G. The Service Provider shall ensure compliance of all fire safety measures and

comply with all the safety provisions. He/she shall ensure training of personnel in

fire safety measures.

H. The Service Provider shall be contactable at all times and messages sent by phone

/e-mail/ fax / special messenger from TSAIDCL shall be acknowledged

immediately on receipt on the same day. The Service Provider shall strictly

observe the instructions issued by the TSAIDCL in fulfilment of the contract from

time to time.

I. TSAIDCL shall not be liable for any loss, damage, theft, burglary or robbery of any

personal belongings, equipment or vehicles of the personnel of the Service

Provider.

J. That the Service Provider on their part and through their own resources shall

ensure that the goods, materials and equipments etc. are not damaged in the

process of carrying out the services undertaken by them. If the TSAIDCL suffers


any loss or damage on account of negligence, default or theft on the part of the

employees/agents of the Service Provider, then the Service Provider shall be liable

to reimburse the cost of the damages or loss sustained by the TSAIDCL for the

same. Any accident/ casualty occurred during the course of working to any

personnel engaged by the Service Provider; the liability that will arise out of the

accident shall be borne by the Service Provider. The responsibility will remain with

Service Provider and TSAIDCL will no way be responsible for it or any other clause

mentioned above.

K. The Service Provider shall comply at all times with all statutory and other

requirements for ensuring the health, safety and welfare of the persons

deployed.

L. The Service Provider shall pay all local and other taxes, rates and other levies in

respect of Service Provider, to the Govt. or any local authority

M. The Service Provider shall indemnify TSAIDCL for any loss, damages, fines,

premium, levies, costs, charges, expenses, loans and borrowings that the

TSAIDCL may suffer or incur on account of breach of any law, rules and

regulations of the Government or any local authority or breach of any term or

covenant of the contract.

N. That if any amount is found payable by the Service Provider towards statutory

dues in respect of personnel or any loss to the TSAIDCL property, the same shall

be adjusted from the FIXED SECURITY DEPOSIT (FSD) of the extent of the

amount so determined reserving right to recover the deficit amount through

other modes of recovery including the right to terminate the agreement without

notice.

O. The Service Provider shall take care of the outfit and of the building and structures on the premises. The Service Provider shall be responsible for all loss or damage to the outfit, containers and premises. All disputes as to liability hereunder shall be decided by the TSAIDCL and the Service Provider shall pay to the TSAIDCL within a week of receipt of a notice in writing requiring him to do so the amount determined as being due on account of any such loss or damage.

P. No repairs to the outfit shall be done by the Service Provider unless previously authorized by the TSAIDCL in writing. The Service Provider shall not interfere with or attempt to adjust the outfit or any part thereof but shall notify the

TSAIDCL immediately of necessity of any repairs of adjustment and thereby ensure that the outfit is in proper working order and delivering full and proper measure at all times, Service Provider shall not operate the outfit while it is out of order.

Q. All repairs to the outfit, other than those, which are rendered necessary or caused by the negligence or fault of the Service Provider, shall be done by the TSAIDCL at its own cost. Repairs which are rendered necessary or caused by the negligence or fault of the Service Provider will also be done by the TSAIDCL and the cost thereof shall be repaid by the Service Provider to the TSAIDCL on

demand. Failing which TSAIDCL may treat such amount as being an arrear or a bill preferred by the TSAIDCL in terms of the agreement provided always that the TSAIDCL may call upon the Service Provider in writing to carry out any repairs and in such event the Service Provider shall be bound to carry out such


repairs as directed by the TSAIDCL and the TSAIDCL shall reimburse to the Service Provider the cost thereof except when such repairs are necessitated by the negligence or fault of the Service Provider in which case they shall be carried out at the cost of the Service Provider.

R. The Service Provider shall at all times keep and maintain clean intact of the said premises and outfit, all trademarks and other signs and marks of identification of

the TSAIDCL placed thereon by the TSAIDCL or forming part thereof.

S. The Service Provider shall not add to or alter the premises layout or outfit in any

manner whatsoever or place in or attach to any part of the said premises or the outfit any signboards pictures, handbills advertisements or things of a similar nature, except with the prior written approval of the TSAIDCL.

T. The Service Provider shall display or exhibit at or near the premises, such signs and other publicity materials as the TSAIDCL may provide and/or required to be displayed or exhibited. All displays / exhibits shall be with the permission of the TSAIDCL only.

U. The Service Provider shall be responsible for all loss, contamination, leakages, excess delivery/short delivery, damage or shortage or to the products whether partial or entire, and no claim will be entertained by the TSAIDCL therefore under any circumstances. The Service Provider shall take every possible

precaution against contamination the Petroleum products by water, dirt or other things injurious to their quality and shall not in any way directly or indirectly alter the specifications of the said products as delivered. The TSAIDCL shall have the right to exercise at its discretion at any time and from time to time quality control measures for products with the Service Provider, as to whether any product has been contaminated. The officials of the TSAIDCL, has right to remove the contaminated product and to destroy or otherwise deal with the

same without making any payment to the Service Provider and without prejudice to the TSAIDCL’s right to terminate this agreement forthwith.

V. The Service Provider shall not purchase from any person, firm or company other than the Specified Oil Company any Petroleum or allied products used, stocked or sold at the said premises. The Service Provider shall not during the currency of this agreement sell or be in any way be concerned in selling the petroleum products of any other oil company other than specified through the outfit or at the premises.

W. The Service Provider shall not sell the products at higher rates or prices than those, which the TSAIDCL/ Oil Company or the competent central/state Government shall from time to time prescribed. In default, the TSAIDCL, may

without prejudice to any other right or remedy, terminate this agreement with immediate effect.

X. The Service Provider shall ensure working condition of the inflation point.

Y. The TSAIDCL is not responsible for the Non-functioning of fuel outlets in view of non supply of power or non-functioning of dispensing pumps.

Z. The TSAIDCL will be entitled at all times to enter into and inspect the retail outlet in all respects and the Service Provider shall be bound to render all assistance and give all information to the TSAIDCL and its duly authorized representatives in that behalf.


AA. The Service Provider shall keep and maintain such records of sales etc as may be prescribed by the TSAIDCL/Oil Company and submit the same for inspection on demand by officials of the TSAIDCL/Government.

BB. The Service Provider shall not carry on from the said premises any business other than that of the sale of the products supplied by the TSAIDCL and except and only to the extent if any, to which the Service Provider may be permitted in

writing by the TSAIDCL at its sole discretion to carry on such other business at or from the said premises.

CC. The TSAIDCL will obtain in its name a storage licence from the controller of explosives for the storage of petroleum products at the said premises and the Service Provider shall faithfully observe and perform all terms and conditions of such licence(s).

DD. The Service Provider shall have to take services of manpower engaged by him to attend to the work of the filling the products into the customers’ vehicles and for providing certain free service Air filing etc., to the consumers in accordance with the general instructions given or laid down by the TSAIDCL from time to time.

EE.The Service Provider shall not at any time whether during the period of this agreement or after its termination divulge or make known any confidential

information concerning the accounts secret processes or any other particulars in any relating to the business of the TSAIDCL.

FF. Insurance during the Operations Period: The Service Provider shall ensure the Fire insurance of the Petroleum Products stored in the outlet.

GG. The business of the Service Provider is reviewed by TSAIDCL every 3 years on running of business activities done, services of man power, payment of deposit, if any unwanted activities run in the AKPB.

GG1. In case of any change in the scenario of the Petrol Bunks business mode as per the Government Policies such changes can be allowed subject to ratification by the performance review committee.

10. TERMINATION FOR DEFAULT

1. The entire contract is liable to be terminated by the TSAIDCL with 15 days notice

for any of the following defaults committed by the service provider.

A. If the Service Provider fails to deliver any or all of the services at the

outlet(s) within the time period(s) specified in the allotment order.

B. If the Service Provider fails to perform any other obligation(s) under the

contract.

C. If the service Provider fails to commence the any or subsequent fuel

outlets on allotment.

D. Commits any breach of terms and conditions of the contract.

E. If the Service Provider performs any unauthorized business.

F. If the Service Provider is found doing or resorting to any unethical

activities or indulging in illegal activities


G. If the Service Provider does not adhere to the instructions issued from

time to time by the TSAIDCL in connection with safe practices to be

followed by them in the supply / storage of the TSAIDCL’s products or

otherwise.

2. The entire contract is liable to be terminated without any notice if the Service

Provider resorts to the following critical irregularities.

A. Adulteration of MS/HSD at any outlet/s.

B. Seals of the metering unit found tampered in the dispensing pumps at any

outlet/s.

C. Totalizer seal of dispensing unit tampered or deliberately making the

totalizer non functional or not reporting to the company if totalizer is not

working.

D. Additional/Unauthorized fittings and gears inside the dispensing

units/tampering with dispensing units.

E. Unauthorized storage facilities

F. Unauthorized purchase / sales of products.

3. After the termination of the contract, the TSAIDCL shall have the right to forfeit

the FIXED SECURITY DEPOSIT (FSD) in respect of that outlet, and to adjust the

amount towards due amounts payable to the TSAIDCL including incidental

financial losses that might arise on account of such premature termination and

also to forfeit the balance of the amount.

4. Officials of the TSAIDCL/concerned OIL Company will carry monthly surprise

checks at the fuel outlets to crosscheck the deliveries and adulteration.

11. PENALTIES FOR CHARGING EXCESSIVE RATES:

A. If the Service Provider is found charging excessive rates than prescribed,

TSAIDCL can levy penalties up to a maximum amount of Rs.10,000/- on

each occasion.

B. Complaints on quality of service, if found correct, the TSAIDCL is at liberty to

levy penalties, up to a maximum of Rs.10,000/- on one or two occasions.

C. Even after imposition of fines, if complaints are still received and found

correct for more than three (3) times in a calendar year, the license will be

terminated by giving 30 (Thirty) days advance notice, duly forfeiting the

FIXED SECURITY DEPOSIT (FSD). In addition to the above penalties, the

Service Provider is liable to pay penalties as per the Marketing Discipline

Guidelines, for the irregularities observed.

12. TERMINATION OF CONTRACT:

The entire contract can be terminated by either party by giving three

months notice in advance. If the Service Provider fails to give 90

(Ninety) days notice in writing for termination of the Agreement then,


any amount due to the Service Provider from the TSAIDCL shall be

forfeited. However, the Service Provider is permitted to exercise this

option only on completion of minimum stipulated period of Ten (10)

years.

TSAIDCL reserves the right to terminate the contract any time during the

contract period, by giving 90 (Ninety) days advance notice to the Service

Provider, if there is breach of terms and conditions. The contract will come to an

end at the expiry of notice period or contract period automatically. TSAIDCL shall

not be liable to pay any damages that the Service Provider may suffer on

account of such termination.

That on the expiry of the agreement as mentioned above, the Service Provider

shall clear their accounts by paying all their legal dues.

13. CONCLUSION OF AGREEMENT PERIOD

A. On the expiry of the period of the Contract or on revocation of the license

under the terms and conditions thereof the Service Provider shall handover

the possession of the premises, along with the furniture and fixtures intact to

the TSAIDCL.

B. In the event of the Service Provider failing to deliver possession to the

TSAIDCL, the TSAIDCL shall have right to take possession of the premises.

C. Failure to deliver possession by the Service Provider to the TSAIDCL, shall

entitle the TSAIDCL to forfeit the FSD amount.

D. On the expiry of the period of the contract, the Service Provider shall not

enter any portion of the area for carrying out any activities.

E. The Service Provider while handing over back the premises, it is expected to

hand over the same in a good condition. If for any reason, there are

damages to the premises, or property to the TSAIDCL, the cost of damages

assessed by the TSAIDCL shall be paid by the Service Provider failing which

the TSAIDCL shall have right to recover the said amount from the FSD.

14. INDEMNITY

i. The Service Provider shall indemnify TSAIDCL of all legal obligations of

personal for the Fuel outlets in addition if any, manpower deployed over

TSAIDCL.

ii. TSAIDCL will not take any liability on account of death or injury sustained

by the staff during the performance of the Contract.

15. FORCE MAJEURE

A. Force majeure clause will mean and be limited to the following in the

execution of the contract placed by TSAIDCL:

I.War / hostilities.

II.Riot or Civil commotion.


III.Earthquake, flood, tempest, lightning or other natural physical disaster.

IV. Restriction imposed by the Government or other statutory bodies, which is

beyond the control of the agencies, which prevent or delay the execution

of the order by the Service Provider.

B. The Service Provider will advise TSAIDCL in writing, the beginning and the

end of the above causes of delay, within seven days of the occurrence and

cessation of the force majored conditions. In the event of a delay lasting

for more than one month, if arising out of clauses of force majored,

TSAIDCL reserve the right to cancel the order without any obligation to

compensate the Service Provider in any manner for what so ever reason.

16. APPLICABLE LAW

The contract will be governed by the laws and procedures established by Govt. of

India, within the framework of applicable legislation and enactment made from

time to time concerning such commercial dealings /processing.

17. The Vice Chairman & Managing Director of the TSAIDCL reserves the right to

modify any condition/conditions of the agreement, and add any other

condition/conditions during the contract period. The Service Provider has to abide

by the conditions modified/incorporated and has to enter into a fresh agreement

with the TSAIDCL at their cost.

The Vice Chairman & Managing Director of the TSAIDCL, reserves the right to

accept, reject or modify any or all Bids without assigning any reasons thereof. The

Service Provider shall have no cause of action or claim against the TSAIDCL for

rejection of his/her Bid.

In case of any dispute or differences arising on the terms and conditions of the EOI

or contract as the case may be the decision of The Vice Chairman & Managing

Director of the TSAIDCL shall be final and binding on both the parties.

If any dispute arises between the Service Provider and the Telangana State Agro

Industries Development Corporation Ltd (TSAIDCL), the Courts at Hyderabad and

Secunderabad shall have jurisdiction.

18. Miscellaneous Instructions

A. Bids that are incomplete in any respect or those that are not consistent with the requirements as specified in this EOI might be considered non-responsive

and may be liable for rejection.

B. Adherence to formats, wherever prescribed, is required. Non-adherence to formats might be a ground for declaring a Bid as non-responsive.

C. All communication and information shall be provided in writing and in English language only.

D. All financial data shall be furnished (converted) in Indian Rupees only.

E. All communication and information provided should be legible, and wherever the information is given in figures, the same should also be mentioned in


words. In case of conflict between amounts stated in figures and words, the amount stated in words will prevail.

F. No change in, or supplementary information to an EOI shall be accepted once submitted. However, TSAIDCL or any of its advisors/ agencies/ consultants reserves the right to seek additional information and/ or clarifications from the Bidders, if found necessary, during the course of evaluation of the Bid. Non-submission, incomplete submission or delayed submission of such additional information and/ or clarifications sought by TSAIDCL or any of its

agencies/consultants/, may be a ground for rejecting the Bid.

G. If any claim made or information provided by the Bidder in the Bid or any information provided by the Bidder in response to any subsequent query by TSAIDCL or any of its agencies/consultants/advisors, is found to be incorrect

or is a material misrepresentation of facts, then the Bid shall be liable for rejection.

H. Mere clerical errors or bonafide mistakes may be treated as an exception at the sole discretion of TSAIDCL or any of its advisors/ agencies/ consultants and if TSAIDCL or any of its advisors/ agencies/ consultants is adequately satisfied.

19. Bid Responsiveness

A Bid shall be deemed as a “non-responsive” if it does not satisfy any of the following conditions:

A. It is not received by the Due Date and time B. It does not include sufficient information/ details for it to be evaluated and/or

is not in the formats specified in this EOI.

C. It is not signed and/or sealed in the manner or accompanied by the Power of Attorney as specified in this EOI.

D. Demand Draft/ Pay Order towards Bid Security for specified amount do not accompany it.

E. It is not accompanied by the Proof of Purchase of the Request for Proposal. F. Non-responsive Bids shall be liable for rejection at any stage during the Bid

evaluation process and the decision of TSAIDCL in this regard is final and binding.

20. Fraud and corrupt practices

20.1. The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process and

subsequent to the issue of the EOI and during the subsistence of the Authorisation Agreement. Notwithstanding anything to the contrary contained herein, or in the EOI or the Authorisation Agreement, the Authority shall reject a Bid, withdraw the EOI, or terminate the Authorisation Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder or Authorisee, as the case may be, if it determines that the Bidder or Authorisee, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice in the Bidding Process. In such an event, the Authority shall forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority towards, inter alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be 'available to the Authority hereunder or otherwise.


20.2. Without prejudice to the rights of the Authority under Clause 20.1 hereinabove and the rights and remedies which the Authority may have under the EOI, if a Bidder or Authorisee, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice during the Bidding Process, or after the issue of the EOI, such Bidder or Authorisee shall not be eligible to participate in any tender during a period of 2 (two) years from the date such Bidder or Authorisee, as the case maybe, is found by the Authority to have directly or indirectly or throng') an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be.

20.3. For the purposes of this Clause 20 the following terms shall have the meaning hereinafter respectively assigned to them;

A. "corrupt practice" means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly with the Bidding Process or the EOI or arising there from, before or after the execution thereof, at any

time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Processor after the issue of the EOI, any person in respect of any matter relating to the Project or the EOI, who at any time has been or is a legal, financial or technical adviser of the Authority in relation to any matter concerning the Project;

B. "fraudulent practice" means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process ;

C. "coercive practice" means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any person's participation or action in the Bidding Process;

D. "undesirable practice" means (i) establishing contact with any person connected with or employed or engaged by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to

influence the Bidding Process; or (ii) having a Conflict of Interest; and

E. "Restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

21. Since TSAIDCL has entered agreement with Oil Companies, if the Oil Companies sets up ATM, Cyber Cafes/ Cyber Kiosks, Convenient Stores, Restaurants etc., the 20% share provided by the Oil Companies will be the right of TSAIDCL. However, if the Oil Company permits setting up of the facilities by the dealer itself, the Service Provider will be permitted to establish the facilities at their own cost and revenue from such establishment would accrue to the Service Provider for ensuring viability.


ANNEXURE I

TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD.

EMD DETAILS

FORMAT FOR DEMAND DRAFT FOR - EARNEST MONEY DEPOSIT

EMD shall be drawn from any nationalized Bank in favour of

“TELANGANA STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED”

STATEMENT SHOWING THE DETAILS OF EMD

S.No. Name of the location Name of the

Bank DD No. &

Date Amount in

Rs.

1

VENKATESWARA(VT)

COLONY, HYDERABAD ROAD, NEAR VIVEKANADA STATUE, NALGONDA, NALGONDA DISTRICT

5,00,000-00 (Five Lakhs)

o The Original DD drawn towards EMD shall be put in the 1st Cover i.e.

TECHNICAL BID as per date and time notified in the EOI.



ANNEXURE-II


FIXED SECURITY DEPOSIT (FSD)

FSD shall be drawn from any nationalized Bank in favour of “TELANGANA

STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED”

STATEMENT SHOWING THE DETAILS OF FSD S.

No. Name of the location

Name of the Bank

DD No., Date Amount in Rs.

C=A-B

1 VENKATESWARA(VT) COLONY, HYDERABAD ROAD, NEAR VIVEKANADA STATUE,

NALGONDA, NALGONDA DISTRICT

45,00,000-00

FSD is the fixed deposit with TSAIDCL. It does not bear any interest up to the agreement period. It is refundable amount after the closure of Agreement. Duly

after deducting all kinds of expenditure incurred for successful running of AKPB.

A-The total Fixed Security Deposit (FSD) is Rs 50,00,000/-(Fifty Lakhs only)

B-The amount of EMD is Rs 5,00,000-00, which shall be submitted as per the EOI notified at the date and time. The EMD of the successful Bidder will be adjusted towards balance payable in the Fixed Security Deposit (FSD) payable to the TSAIDCL towards its AKPB

C-The successful Bidder should have to deposit the Balance

Fixed Security Deposit (FSD)

i.e.,

C= A-B =50,00,000 – 5,00,000 = Rs 45,00,000/-




To

The Vice Chairman and Managing Director,

TSAIDCL, Hyderabad,

Telangana State.

Sir,

Sub: EOI AKPB: Submission of Bids for dispensing fuel, other allied products sales and

other related activities including day to day operation and maintenance of AKPB

at NALGONDA fuel outlet of TSAIDCL as per percentage quoted in the bid from

the Oil Company margins – Reg.

Ref: EOI NO: 30/TSAGROS/EOI/NALGONDA/ AKPB/2018-19, dated: 14-02-2019

-oOo-

I hereby submit EOI for dispensing fuel, other allied products sales and other

related activities including day to day operations and maintenance of fuel outlet of

TSAIDCL, after carefully going through the terms and conditions and other rules

stipulated by the TSAIDCL, which are made available to me, along with the EOI Form,

as per percentage quoted in the bid from the Revenue Share from Oil company Margin.

I also abide by the above terms and conditions of the Bid schedule and

participating in the Bidding.

Email Id: ____________________

Mobile Number: _______________

Encl: EOI form

Place: __

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