Bharat Petroleum Corporation Ltd.

(A Govt. of IndiaEnterprise)

I&C Territory, Kochi Refinery Marketing Office, Ambalamugal, Kochi – 682 302, Kerala

Tender No. CPD/TEND/03/2009-’10 Date: 20-09-2009

TENDER NOTICE

Sealed Tenders are invited in two-part bid system (Part 1 – Qualifications, Techno-Commercial, unpriced Bid and Part 2 – Price Bid.) from experienced and reputed contractors having financial standing and fulfilling the qualifying requirements as mentioned in Tender documents, for Operations & Maintenance of Fuel handling facilities of BPCL / NTPC at Cheppad & Kayamkulam (NTPC Plant area).

Earnest Money Deposit: Rs. 1 Lakh.

Sale of Tender Document : 23-09-2009 to 03-10-2009 (Except Sundays & BPCL holidays) – Time: 10.00 AM to 4.00 PM at the office of Area Manager(I&C), BPCL, Cheppad Depot, Cheppad Post, Alappuzha Dist. Phone: 0479 - 2419057

Cost of Tender Documents (Non Refundable) : Rs.500/- to be paid by Demand Draft of any Public sector Bank drawn in favour of Bharat Petroleum Corporation Ltd., payable at Ernakulam.

Tender documents can also be downloaded from our website – Business – Tenders - Industry & Commerce. In the case of bidders who download the tender document from our web site, the Demand Draft towards the cost of tender documents shall be attached with the Un-priced bid, failing which the bid will not be considered.

Bid due Date & Time : 16th October 2009 at 15.30 hrs.

Bids shall be submitted only against hard copy of our tender documents.

Territory Manager (I&C)

Serial No……….

TENDER FOR OPERATIONS & MAINTENANCE OF FUEL HANDLING FACILITIES OF BPCL / NTPC AT CHEPPAD AND KAYAMKULAM IN KERALA

TENDER No. CPD/TEND/03/2009-’10

GENERAL CONDITIONS OF TENDER

Tender No. CPD/TEND/03/2009-’10 dated 20-09-2009

Date & Time for the issuance of application:23-09-2009to03-10-2009

(between 10.00 Hrs. to 16.00 Hrs.

Due date &Time for submission of tender:on or before16-10-2009 at 15.30 Hrs.

Date &Time for opening the technical bid: 16-10-2009at 15.30 Hrs.

Place of opening the technical bid :

Office of Territory Manager (I&C)

I&C Territory,

Bharat Petroleum Corporation Limited,

Kochi Refinery Marketing Office,

Ambalamugal, Kochi – 682 302

GENERAL:

  1. The Company (Bharat Petroleum Corporation Limited) is operating/maintaining a Naphtha Depot at Cheppad and tankage at Kayamkulam (within NTPC’s premises) at a distance of about 5.5 km from Cheppad, which are the Fuel Handling Facilities for Rajiv Gandhi Combined Cycle Power Project , NTPC Limited, Kayamkulam. The Contractor is required to carry out the operation & maintenance of the above Fuel Handling Facilities at CheppadKayamkulam. Total operation of facilities include receipt of the product at Cheppad by tank wagons, unloading the tank wagons, safe storage and transferring the product by pipeline from Cheppad tanks to NTPC, Kayamkulam site, assist NTPC in receipt and unloading of HSD tank lorries consigned Ex. BPCL, Irimpanam Installation, maintenance of all fire fighting equipments, MCC and any other associated jobs assigned by NTPC /BPCL for handling the product (Naphtha) including house keeping, etc.

The Tenderer will operate and maintain all the above facilities in a good working order at any given point of time to ensure uninterrupted handling of Naphtha round the clock.

PRE-QUALIFICATION CRITERIA OF THE TENDERER:

  1. The Tenderer should have undertaken contract works at large petroleum installation, refinery or power plant and should have the following qualifications:

a) Minimum three years contract experience.

b) Knowledge of operations in handling of Petroleum products /maintenance of plant and machineries.

c) Knowledge in safety practices in handling petroleum products.

d) Minimum solvency should be Rs.20 lakhs.

Tenderers are requested to submit documentary proof in support of meeting the pre-qualification criteria mentioned above, along with Technicalbid. Non-submission of any of the documents or incomplete submission of the documents may lead to summarily rejection of the quotation.

INTEGRITY PACT:

  1. A proforma of Integrity Pact is enclosed herewith and the same shall be returned by the Bidder alongwith the Technical Bid, duly signed by the same signatory who is authorized to sign the bid documents. All the pages of the Integrity Pact shall be duly signed. Bidder’s failure to return the IP duly signed alongwith the Technical Bid shall result in the bid not being considered for further evaluation.
  1. 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 Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.
  1. 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 Contractor Liquidated Damages amount by forfeiting the Security Deposit/Performance Bank Guarantee as per provisions of the Integrity Pact.
  1. Bidders may raise disputes/complaints, if any, with the nominated Independent External Monitor whose Name, address & contact numbers are given below:

Shri. Janki Ballabh

Flat No.605, Versova Vinayak Co-Op. Hsg. Soc.,

HSG Plot No.8, Near Versova Telephone Exchange,

Versova, Andheri (West),

Mumbai – 400 053

Phone: 022 – 884 3600

Mobile: 98205 03000

FILLING AND SUBMITTING TENDER:

  1. The tender is to be submitted in the following manner:

(a)The first part consists of Technical Bid with commercial terms, without price is to be inserted in envelope ‘A’ along with documents required and sealed as per tender terms and conditions. All the pages of the tender documents have to be duly filled, signed and stamped. If EMD instrument is not submitted with the Technical Bid, the offer will be rejected.

(b)The second part consists of Price Bid only, in which the Tenderers are required to quote the rates in the attached Tender Schedules (Schedule – I & II) and the same has to be enclosed and sealed in the envelope ‘B’.

(c)The above envelopes ‘A’ containing Technical Bid and the envelope ‘B’ containing the Price Bid should be sealed and inserted into the envelope ‘C’. The envelope ‘C’ to be sealed and should be dropped in tender box kept at the office of Territory Manager (I&C), Kochiat the address given below on or before the due date and time:

Territory Manager (I&C)

I&C Territory,

Bharat Petroleum Corporation Limited,

Kochi Refinery Marketing Office,

Ambalamugal, Kochi– 682 302

  1. The Tenderer should study all the tender documents carefully and understand conditions, drawings, specifications etc., before quoting. If there are any doubts, the party should obtain clarification from the site prior to submission of the tender.
  1. The Tenderer should quote for all items in the tender schedule. The rate should be expressed both in figures and in words; where discrepancy exists between the two, the rates expressed in words will prevail. Similarly, if there is any discrepancy between the unit rate and the amount, the unit rate will prevail.
  1. The rates should be quoted in the same units as mentioned in the tender schedules.
  1. All entries in the tender document should be in Ink/Typed. Corrections, if any should be attested by full signature of the Tenderer.
  1. Every page of the tender documents shall be signed and sealed by the Tenderer or his authorized representative
  1. Tenderers are required to quote the tender in conformity with our terms and conditions and no deviating conditions whatsoever will be entertained. Conditional offers will be rejected without any reason.
  1. The bidders or their authorized representatives may be present at the time of opening of the technical bids (after submission of appropriate documents in support of their identity) at the place/date/time mentioned above. No separate intimation will be sent in this regard.
  1. Separate intimation will be sent to all bidders who are found technically acceptable advising the date/time/place of opening of price bids.

RATES:

  1. The rates quoted shall be valid for a period of six months. Once the quotation is accepted the rates quoted shall be firm till the entire works are completed in all respects. No escalation in rates will be allowed till all the works are completed.

ACCEPTANCE OF TENDER:

  1. Incomplete / conditional tender quotations / quotations without EMD or those received late and / or not confirming to the terms and conditions in the tender documents will be rejected.
  1. The Company reserves the right to reject any or every tender without assigning any reason whatsoever and to re-tender or negotiate with the Tenderer(s) in the manner the Company consider suitable. The Company also reserves the right to split the Tender and to award the works to more than one party, if required.

EARNEST MONEY DEPOSIT:

  1. The Tenderer shall be required to submit, along with the quotation, a Demand Draft for a sum of Rs. 1,00,000/- (Rupees One Lakh only) in favour of Bharat Petroleum Corporation Ltd., payable at ERNAKULAM, towards Earnest Money Deposit (EMD).
  1. The EMD shall be returned to the unsuccessful Tenderers within 60 days after opening of the tender. The EMD of the successful Tenderer will be retained till the commencement of the work / submission of Security Deposit. The successful Tenderer may opt to adjust the EMD against Security Deposit as money deposit or request to return of the EMD, in writing. No interest will be payable on EMD.

SECURITY DEPOSIT:

  1. The successful Tenderer will be required to provide a Bank Guarantee drawn on any Nationalised bank, valid for the period of the contract plus 3 months, in the Corporation’s format for an amount equivalent to 5% of the contract value subject to a minimum of Rs. 5 lakhs within 10 days from the date of issuance of Letter of Intent towards Security Deposit for the fulfillment of the undertakings and obligations towards the Corporation. The Corporation reserves the right to revise the amount of Bank Guarantee and the Contractor will be required to furnish the Bank Guarantee for the revised amount.

PERIOD OF CONTRACT:

  1. (a).The contract would be valid for a period of TWOYEARS from the date of issue

of Letter of Intent (LOI).

(b).Extension of Contract:- The above contract shall be extended for a further period of ONE YEAR based on performance of the Contractor and requirement of NTPC / BPCL on the same terms and conditions, on the concurrence of both the parties.

  1. During the period of the contract, the Company reserves the right to terminate the same by giving one month’s notice, in writing, on its behalf.

EXECUTION OF AGREEMENT:

  1. The successful Tenderer shall, within 15 days of the company’s communication to him of the acceptance of his tender, execute a formal agreement with the company on the company’s format.

EXECUTION OF WORKS:

  1. The responsibility for the safety, security and accounting of the materials and equipment brought or installed by the successful Tenderer or handed over to him by the company for completion of the work will remain with him till the acceptance of the work by the company. Any damage caused to the materials / equipment during the execution of work will be made good by the successful Tenderer at his cost. The company may require the successful Tenderer to have a guarantee / indemnify bond executed for the value of materials supplied to him free of cost, as per terms of the agreement.
  1. The company reserves the right to increase or decrease the tendered quantity or revise specifications at any stage of work. The successful Tenterer’s claim for compensation or damage on account of these shall not be entertained. Such deviations will be adjusted at the rates contained in the Agreement or at prevailing market rates (if the rates are not available in the agreement), by issuing variation order(s). In case it becomes necessary for the Company to temporarily suspend or postpone the work, partly, or fully due to unforeseen circumstances, the Company shall not be liable for any compensation on account of resultant delays.
  1. The entire work will be carried out under the supervision of the authorised representative of the Company, but this will not detract successful Tenderer full responsibility for quality/period of execution of work.
  1. Detailed measurements of works carried out shall be taken jointly by the successful Tenderer and our Engineer-in-charge at every stage of work, before proceeding to the next stage. All works shall be measured as per the procedure laid down and payments will be as per measured quantities and not as per Tender Schedule quantities.
  1. The successful Tenderer should ensure the safety of adjoining property and shall make good any loss to product / property resulting from his negligence.

HOT WORK :

  1. When working in Company’s installation or Depot, the successful Tenderer shall not carry out any work involving the use of fire, or which produces heat (such as welding), without obtaining clearance from the Corporation’s authorised representative, in writing. Such work may then be undertaken only at places and under conditions stipulated by such representative.
  1. The Contractor shall ensure that all the work done by him in the Company’s installation/Depot will be in accordance with the laid down safety procedures and systems. It will be his responsibility to ensure that the supervisor provided by him is fully aware of and understand the laid down safety procedures and system.
  1. Since the work is required to be carried out in a working Depot, the progress of work is likely to be interrupted on account of operations in the Depot. Stoppage of work under such circumstances shall not entitle the successful Tenderer to claim any compensation for idling of labour, machinery etc. during such interruptions.
  1. The successful Tenderer and his men shall abide by all security / safety rules, regulations in force at location and the laws, bye laws and statutes of Government, semi-Government and other local authorities such as requirements/liability under enactments like the workmen’s Compensation Act, Contract Labour Act etc. and the Company shall stand indemnified against any claims on these scores. The successful Tenderer and his men shall strictly abide by “No Smoking” and other Petroleum Regulations on the premises.
  1. The Contractor shall ensure use of protective clothings (like, boiler suits), safety shoes, hard hats, safety horners, face masks, ear plugs, etc. wherever required, for workmen employed by them. Protective clothings should be made of 100% cotton material. The personal protective equipments (PPEs) provided to workers should have certification by BIS [Rule 81J, Kerala Factories (Amendment) Rules, 2001].
  1. Contractor will be responsible to provide all statutory benefits to the employees appointed by them and in case the Corporation is liable to make payment of any such statutory benefits to the employees of the Contractor as the principal employer, the Contractor will be liable to indemnify the damage and loss suffered by the Corporation to that extent and corporation shall have liberty, without referring to the Contractor to deduct such sum as may be suffered as loss or damage due to the aforesaid reason out of the pending bills of the Contractor lying with the Corporation.
  1. The successful Tenderer shall arrange one supervisor to be present at Cheppad site at all shifts to co-ordinate the activities of both Cheppad and Kayamkulam sites.
  1. The successful Tenderer shall also arrange one supervisor to be present at Kayamkulam site in general shift on all days to co-ordinate / take responsibility and to involve in all activities on behalf of Contractor.
  1. The Supervisor should be preferably a diploma (3 year course) holder, who is having enough experience and is capable of managing the activities effectively to the satisfaction of BPCL & NTPC.

PAYMENT:

  1. Payment shall be made on a monthly basis on completion of the work to the satisfaction of the company’s authorised representative. All measurement sheets, Completion certificates for all Preventive maintenance works, House keeping works, etc. certified by company’s authorised representative should be attached with the monthly Bill. The payment shall be released from BPCL, Kochi.

The proof of payment against EPF, ESI, Insurance, Labour Welfare Fund, Professional Tax, any other payments as per law should be submitted alongwith the Bill.

  1. Along with the final bill, the Contractor has to submit ‘No claim Certificate’ and ‘an Affidavit for EPF & ESI compliance’ as per the format of BPCL/NTPC.,
  1. All payments shall be subject to deduction of Income tax, Work Contract Tax, etc. as may be applicable from time to time.
  1. Service Tax shall be paid alongwith the monthly bill, as applicable. The proof of payment of the same to Service Tax Authorities should be submitted to BPCL within 15 days from the date of release of payment against the monthly bill.
  1. The successful Tenderer and his men will abide by all Security/Safety Rules/Regulations in force at the location and the laws, bye-laws, and statutes of Government and other local authorities such as requirements/liabilities under enactments like the Workmen’s Compensation Act, Contract Labour Act, Factories Act etc. and any other Act/laws for the time being in force which are applicable to such locations and the Corporation shall stand indemnified against any claims on these scores. The successful Tenderer shall ensure that provisions of applicable laws/Acts are strictly adhered to as per the requirement of the Enforcing Agency/Corporation and any lapse on the part of the successful Tenderer in adherence to such Acts/laws shall be viewed seriously and for the consequences thereof, whatsoever, the successful Tenderer shall be solely responsible.
  1. As per Section 41C of Factories Act 1948, the successful Tenderer is required to carry out the Medical Examination of the staff deployed by him to the satisfaction of Inspector of Factories & Boilers and records are maintained for scrutiny, whenever required.
  1. The successful Tenderer shall ensure that adequate number (minimum 10% of the total staff) of personnel trained in First Aid from a recognized Training Centre like St. Johns Ambulance are deployed, and at least one trained person in First Aid is available in each shift.
  1. The successful Tenderer and his men shall strictly abide by the “NO SMOKING” and other petroleum regulations on the licensed premises. Should any injury resulting in death or not or damage to any property occur as a result of smoking or matches or lighters being carried in violation of this clause, the successful Tenderer shall be held responsible for the consequences thereof.
  1. The successful Tenderer shall ensure that all safety practices are followed by the workmen engaged by him. The successful Tenderer shall provide necessary safety equipments, as appropriate, to the workmen employed.
  1. The Contractor should have Safety supervisors with a certificate in Safety who will carry out the periodic maintenance of all Safety / Fire fighting equipments, updation of safety records, all safety related activities at Cheppad & Kayamkulam. He will also ensure all health and safety guidelines of NTPC/BPCL during major works like de-commissioning of naphtha tank, painting etc. awarded by BPCL/NTPC to other Contractors.

INSPECTION OF SITE: