01.01.2016

NOTICE INVITING E-TENDER

Engagement of a manpower thru serviceprovider/agency for carrying out Lab Analyst activities in BPCL marketing QA Labs PAN INDIA on Contract basis

1. BPCL Marketing QA Labs wishes to Engage Manpower Service thru Manpower Service

Provider for carrying out Lab Analysts activities in Marketing QA Labs (Pan India) on

Contract Basis. In total 35 number of Analysts are required. The period of the

Agreement shall be 1 year from the date of the signing of this Agreement. The Contract

may be extended for one more year subject to terms and conditions mutually agreed.

2. The age of the Lab Analysts engaged for the job shall not be below the age of eighteen

years and shall not to exceed 55 years.

3. The bids shall be submitted in E-Tendering in two parts namely Technical bid and

Commercial bid. Both Technical & Commercial bids must be submitted at together.

4. The E-Tender has the following Documents :-

A) Scope of Work as Annexure I

B) Lab Locations with number of Analysts required along with Shifts wherever

applicable.

C) Format of Technical Bid as Annexure II

D) Commercial Bid Format

E) Vendor Selection Methodology as Annexure III

F) General Conditions as Annexure IV

G) Health Safety Security and Environmental Policy.

H) Declaration

I) Certificate from Agency

J) Integrity Pact

The Tender paper may be downloaded from our website our website www.bharatpetroleum.in

or https://www.bpcleproc.in . You are required to submit tender document in soft form at our

website https://www.bpcleproc.in

Last Date for submitting the duly filled in tender documents in soft form completed in all respects at the above address is 25.01.2016 on or before 11.00 hrs and the technical bid will be opened at 11.30 hrs. Tenders submitted late for whatever reasons will not be considered. Technically sound parties will be considered for opening of price bids. The Corporation reserves the right to reject any of the tenders without assigning any reasons whatsoever. You are requested to submit your lowest rates for all items in soft form only. In case of any Queries please contact the undersigned. Regional Manager QA- WR Bharat Petroleum Corporation Limited Sewree QA Laboratory “A” Installation, Fort Road Sewree – East Mumbai PIN-400015 Ph : 022-24176386

SCOPE OF WORK : ANNEXURE - I ACTIVITIES TO BE CARRIED OUT: 1. Carrying out testing of allocated samples as per relevant test methods 2. Maintaining records for samples receipts and sample testing 3. Ensuring compliance of safety norms while testing of samples 4. Maintaining good housekeeping in Lab 5. Adhering to standard procedures during testing of samples 6. Maintaining the test environment and ensure accuracy of testing 7. Maintaining discipline at work place 8. Identifying and checking the conditions of samples at the time of receipt and

reporting any abnormality. 9. Maintaining the confidentiality, integrity and impartiality in operations of Lab

and working as per applicable procedures 10. Responsible for recording the test results in observation register and / or

working records and put his initial against the same 11. Ensure completion of all jobs as assigned in LIMS 12. Ensuring that different category of the samples received are being kept in safe

custody till completion of testing. 13. Supervising the Lab Attendant during disposal of samples , if need arises.

In order to perform the above activities the resource deputed should ideally satisfy the following criteria;

Qualification : B.Sc. / M. Sc. Chemistry as Main or allied subject from a UGC recognized college or university or institution.

Experience : Minimum of one year in experience in a chemical lab with Relevant proof of the same.

ANNEXURE – I

Quality Assurance Lab Lab Analysts required

(contract basis) Max

Metro Location

Sewree ( Mumbai) 4 Wadilube ( Mumbai) ( Two shift operations)

5

Bijwasan( Delhi) 3 Tondiarpet( Chennai) ( Two shift operation)

3

Total (Metro Location) 15

Non Metro Locations

Manmad (Two shift Operation)

3

Borkhedi 1 Manglia 1 Paradeep 1 Haldia 1 Kanpur 1 Jobner( Jaipur) 1 Piyala 2 Kota 1 Jalandhar 2 Devangonthi( Bangalore) 1 Karur 1 Irugur( Coimbatore) 1 Vizag 1 Mangalore 1 Cherlapally (Hyderabad) 1

Total (Non Metro Location)

20

G. Total(Metro & Non Metro)

35

ANNEXURE – II

(A) Format of Technical Bid

The following details should be uploaded as scanned documents (.in “docx” file format of

not more than 10 MB in size) that are signed and affixed with the stamp of the Agency.

(i) Credentials of your firm (Name, Postal Address, Address of Registered Office,

Telephone/ Mobile of key Executives/ Directors, Email Address)

(ii) Your expertise/ experience of the current environment of Lubricants industry and

facilitating trained Analysts for the Lubricants Industry

(iii) Constitution of the company

(iv) Date of incorporation

(v) Year of commencement of business

(vi) Sales tax registration number (if relevant) and the proof of the same (such as

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

applicable.

(vii) Income tax registration number and the proof of the same (such as the attested

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

applicable).

(viii) Service tax registration number and the proof of the same (such as the attested

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

applicable).

(ix) PF Registration Number and the proof of the same (such as the attested copies of

monthly challans, quarterly, six-monthly and annual returns, as applicable).

(x) ESIC Registration number and the proof of the same (such as the attested copies of

monthly challans, quarterly, six-monthly and annual returns, as applicable).

(xi) Your proposal for the recruitment process

(xii) Key deliverables

(xiii) Implementation plan/ Monitoring plan

(xiv) Copies of audited financial statements for last three financial years

(xv) A copy of this RFQ has to be submitted signed with seal on every page as

acceptance of Terms & Conditions of the tender

NOTE:You can upload as many documents as possible for the abovementioned details.

However, absence of any of such details shall lead to disqualification of the

participating Agency on the discretion of the Corporation.

(B) Commercial/ Price Bid Format

The Commercial Bid shall be submitted in the following format for each of the

locations given in the tender document separately.-

Sap No

Short

Descripti

on

Long

Descri

ption

Unit of

Measure

ment

(

Monthly)

Quan

tity

Bidd

ers

Na

me

Analyst

Service

charge(

per

month/a

nalyst)

1

Agency

Service

charge(

per

month/a

nlyst)

2

Any

other

charge

s(Per

month

/per

analyst

)

3

On

board

fees(

per

month

/per

analys

t)

4

Total

charge

( per

month

/per

analys

t)

1+2+3

+4

service

tax at

14.5%(

Per

month/a

nalyst)

CTC

(Per

month

/per

anlyst)

CTC

(Per

annum

/per

analys

t)

NOTE: (1) BPCL will pay prevailing Service Taxes at the rate of 14.5%.

(2) The absence of any of the abovementioned details shall lead to disqualification

of the participating Agency on the discretion of the Corporation.

(3) The Agency should keep in mind that the abovementioned table needs to be

filled separately for each of the lab locations given in the tender document.

(4) No cost other than mentioned above as CTC (Per annum/per analyst) would be

payable by the Corporation. Escalation clause shall not be allowed.

ANNEXURE – III

VENDOR SELECTION METHODOLOGY:

Following vital aspects will be kept in mind while selecting the vendor:-

1. A company with an office in India.

2. Reputation of the Vendor – A Proven track record of rendering similar services

through your resources, experience of servicing other clients regarding this subject (a

list of clients served to be submitted).

3. Past work experience – Past experience of servicing in various regions and states and

current list of locations where you are providing services. The vendors can mention

previous engagements with THE CORPORATION if any.

4. Acceptance of terms and conditions as mentioned by the corporation in the tender and

submission of all details as per requirement of this tender. (The party has to sign on all

pages along with annexure as a token of having read, understood and accepted all

scope / terms and conditions of the tender).

Vendor Evaluation parameters / qualification criteria in technical bid:

S.No. Criteria Maximum Marks

1. Documentation as Agency 40

2. Time for providing the required numbers 20

3. Experience of candidates being provided 15

4. Suitability of their proposal to our requirement 15

5. Agency’s presentation and interest 10

Minimum marks for qualifying in the technical bid will be 80.

ANNEXURE – IV

GENERAL CONDITIONS OF THE AGREEMENT

5. The period of the Agreement shall be 1 year from the date of the signing of this

Agreement. The Contract may be extended for one more year subject to terms and

conditions mutually agreed.

6. The age of the Lab Analysts engaged for the job shall not be below the age of eighteen

years and shall not to exceed 55 years.

7. In case 20 or more Lab Analysts are required to be engaged by the Agency at the

establishment of the Corporation on any given day, such engagement shall be done by

obtaining requisite License under the Contract Labour (Regulation & Abolition) Act, 1970

from the ‘Appropriate Authority’.

8. The Agency shall provide attested copies (attested by the proprietor of the Agency or any

authorized representative, with Rubber Stamp) of Appointment letters, issued to and

duly acknowledged by each of the Lab Analysts(s) to be deployed at the establishment of

the Corporation (‘establishment’) for security purposes.

9. The Agency, at its own cost, should provide the medical fitness certificate of the Lab

Analysts to be engaged for the job. The certificate for the same to be obtained from

registered medical practitioner.

10. A police verification of all the Lab Analysts that are provided by the Agency to the

Corporation is mandatory and the Agency shall undertake the same at its own cost.

Further, the documents/ proofs of the same needs to be submitted to the Corporation.

11. The Agency shall engage one Contact Person for co-ordination of the day to day activities

of the Lab Analysts provided by the Agency and coordinating with the officers of the

Corporation. He should be able to maintain and upkeep all the records pertaining to the

job. He should be able to provide the sufficient manpower as required, as per the scope

of the job.

12. The Agency must provide a list of its Lab Analysts(s) to be deployed at the establishment

along with their personal details and photographs, on its letter head, for issuance of

appropriate Temporary Entry Passes (TEPs) to the Agency for further issuance to its

individual Lab Analysts. The Agency must ensure that its Lab Analysts(s) collect / deposit

the said Temporary Entry Passes at the Security gate while entering / leaving the

establishment. Any change in the particulars of Lab Analysts deployed by the Agency

should be brought to the notice of the Corporation as soon as possible by the Agency,

along with personal details and photographs of any new Lab Analysts to be deployed, for

issuance of appropriate TEP’s.

13. The monthly bill should be Submitted by 15th day of subsequent month after due

verification by Lab Officer for the number of days manpower provided. Further,

submission of challan towards EPF and ESI contributions for the previous month (E.g.: Bill

for service charges for the month of September 2012 to be submitted by (say) 01st -5th

October 2012 along with attested copy of challans of EPF and ESI for contributions for the

month of Sept 2012, which were deposited in Oct 2012 along with ECR with respect to

PF). The payment is not liable to be cleared unless the Agency satisfies the Corporation

of having deposited Challans towards EPF / ESI contributions and having made all

required statutory compliance in respect of its Lab Analysts(s) deployed at the

establishment of the Corporation.

14. If, in the opinion of the Corporation-

(i) any or all the Lab Analysts(s) deployed at the establishment is / are not suitable

for carrying out the job, or

(ii) Any Lab Analysts(s) deployed is / are on leave,

Then immediate replacement(s) shall be given, at the cost of the Agency. In case no

suitable replacement is provided, then deduction will be made from the payment to the

Agency at the rate of Rupees 500 per incident of default, in addition to the prorate

deduction on the wages payable to such worker.

15. The Lab Analysts(s) deployed by the Agency for carrying out the contractual obligations

shall follow the prescribed safety precautions at the workplace, while carrying out the

assigned jobs with full safety and care. The Agency shall be solely responsible for the

same. Lab Analysts. The Corporation would not in any manner supervise the said Lab

Analysts.

16. The Agency shall also provide Apron at its own cost to its Lab Analysts(s) deployed at the

establishment for carrying out the contractual obligations, if so advised by the

Management of the establishment and prior consent while doing so shall be obtained.

17. The Agency shall also be under obligation to deduct, contribute and deposit towards EPF

and ESI contributions for all the Lab Analysts (s) engaged by it. The Agency shall submit

proof of such deposition in the form of attested copies of Form 6 (ESI – six-monthly

returns) by 31st May and 30th November. The monthly bill should be submitted along

with proof of submission of challan towards EPF and ESI contributions for the previous

month together with respective ECR (Electronic Challan cum Return).

18. The Agency shall make regular and full payments of wages in accordance with the latest

applicable rates of Minimum Wages, and any other payments due to its Lab Analysts(s),

deployed under the aforesaid contract and furnish necessary proof for the same. Such

payments are to be made by the 7th of every month in the presence of an authorized

representative of the Corporation, who shall witness such payment and record the same

in the Wage Register to be maintained by the Agency, in accordance with provisions of

Lab Analysts (Regulation & Abolition) Act, 1970.

19. The Agency shall, on a monthly basis, also submit to the Corporation, attested copies of

Attendance Register / Muster Roll and Wage Register, in respect of its Lab Analysts(s)

engaged at the establishment. The Agency shall produce all the documents as regards to

the statutory compliance made by him as and when asked for by the Corporation. The

Agency may produce the copies of the documents of compliance made by him especially

on Monthly basis. The Agency shall comply with the provisions of applicable Acts and

Rules such as The Lab Analysts (R&A) Act, 1970, and The Employees Provident Fund and

Misc. Provisions Act,1952 & The Employees State Insurance Act, 1948, The Payment of

Wages Act, 1936, The Minimum Wages Act,1948, The Payment of Gratuity Act, 1972, The

Payment of Bonus Act, 1965, The Bombay Labour Welfare Fund Act, 1953 or other

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

might become applicable at Mumbai, Maharashtra state with regard to the performance

of the work included in this contract from time to time and take such necessary steps as

may be deemed necessary in this regard.

20. The Agency shall be responsible for payment of corresponding amount to the Lab

Analysts engaged by him as per the formula specified in the Payment of Gratuity Act,

1972 on termination of contract. Acknowledgement of such payment shall be submitted

to the Corporation.

21. Any short payment and/or nonpayment of statutory contributions in respect of Lab

Analysts noticed during the course of the contract shall be made good by the Agency, and

the Corporation reserves its right to deduct any such amount equivalent to such short

payment from the payables to the Agency or Security Deposit, in case of failure on part of

the Agency to make good the default.

22. The Agency shall keep the Corporation indemnified against all penalties, claims and

liabilities arising out of applicability and/or violation of such Act, laws or Regulations etc.

by its Lab Analysts (s).

23. Additionally, the Corporation will have no liability whatsoever concerning the Lab

Analysts deployed by the Agency for the purpose of this Agreement, The Agency shall

indemnify the Corporation against all losses or liabilities arising out of or imposed in the

course of this Agreement or afterwards for the Lab Analysts deployed by it.

24. The Corporation will be making the mandatory deductions, i.e., applicable taxes etc. from

the payment due to the Agency at the applicable rates notified from time to time.

25. It shall be entirely the responsibility of the Agency to ensure that no unlawful act is done

by its Lab Analysts(s) while on duty. In case of loss of the Corporation’s property due to

negligence or carelessness of the contract labour(s) deployed by the Agency, the Agency

will be responsible and shall make good the same. In case the Agency defaults in making

good losses, the Corporation shall have right to deduct the said amounts from payables

to the agency.

26. In case of any damages, breakages or loss or theft to the building, fittings, assets and

equipments attributable to Lab Analyst deployed by the Agency, the Agency will be

responsible for repairing / replacing the same at its cost failing which the actual cost

incurred towards repair / replacement with suitable penalty shall be imposed on the

Agency by the Corporation and recovered in a manner deemed fit by the Corporation.

27. The Agency shall be solely responsible for settling / resolving any dispute / claim of its

Lab Analysts(s) during the pendency or after completion of the contract.

28. The Agency shall not sub-contract the whole or any part of this contract to another

person or vendor.

29. If at any time during the period of the contract, it is observed by the Corporation or by its

authorized representative(s) that the services rendered by the Agency are not to the

satisfaction of the Corporation or any terms of the contract are violated, the Corporation

reserves the right to terminate the contract with immediate effect without any notice or

compensation thereof.

30. Non-attendance of any Lab Analyst or non-rectification of the faults coming under the

scope of work and terms and conditions of the contract will entitle the Corporation to get

the job done from any other vendor at the risk and cost of the Agency. The decision of

the Plant Manager of the establishment in this regard will be final and binding on the

Agency.

31. The Corporation can terminate the contract by giving one month’s notice in writing

without assigning any reason. For all disputes relating to this contract, Arbitration as per

clause 29 will be applicable.

32. The Agency should agree that the personnel so deployed on a contract basis and for all

practical purposes are employees of the Agency and they will not be entitled for any of

the privileges and benefits enjoyed by the employees of the Corporation. The work force

so deployed, will have no claim, directly or indirectly for regular employment or service

conditions and any other benefit available to the employees of the Corporation.

33. This Agreement shall be governed by and construed in accordance with the laws of India

and the courts in the city of Mumbai alone shall have jurisdiction to entertain any suit,

application or other proceeding arising under it.

34. Arbitration

a) Any dispute or difference of any nature whatsoever, any claim, cross-claim,

counter-claim or set off of the Company against the Agency or regarding any

right, liability, act, omission or account of any of the parties hereto arising out of

or in relation to this Agreement shall be referred to and finally resolved by Sole

Arbitrator, who shall be appointed by Director (Marketing) of the Corporation as

per the procedure given in sub-clause (b) given herein below.

b) Procedure for appointing the sole arbitrator: A party wishing to commence an

arbitration (the “Claimant”) shall file with the Director (Marketing) of the

Corporation a Notice of Arbitration which shall comprise:

i. a demand that the dispute be referred to arbitration;

ii. a reference to the arbitration clause or the arbitration contract that is

invoked and a copy of it;

iii. a reference to the Agreement out of or in relation to which the dispute

arises and where possible, a copy of it;

iv. a brief statement describing the nature and circumstances of the dispute,

specifying the relief claimed and, where possible, an initial quantification

of the claim amount.

v. any other details which the claimant wishes to refer and rely upon.

Upon receipt of the above notice of arbitration, the Director (Marketing) of BPCL

shall appoint the Sole Arbitrator as per the provisions of the Arbitration and

Conciliation Act, 1996.

c) The venue of arbitration shall be Mumbai. The award of the arbitrator so

appointed shall be final, conclusive and binding on all parties to the Agreement

subject to the provisions of the Arbitration & Conciliation Act, 1996 or any

statutory modification or re-enactment thereof and the rules made thereunder

for the time being in force shall apply to the arbitration proceedings under this

clause.

d) The arbitrator shall have power to order and direct either of the parties to abide

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

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

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

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

exercise all powers under the Indian Arbitration & Conciliation Act 1996 including

admission of any affidavit as evidence concerning the matter in difference i.e.

dispute before him.

e) The parties against whom the arbitration proceedings have been initiated, that is

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

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

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

reference of arbitration for such counter-claim, cross claim, or set off and the

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

arising therefrom has been referred to him originally and deemed to form part

of the reference made by the Director(Marketing).

f) The arbitrator shall be at liberty to appoint, if necessary any accountant or

engineering or other technical person to assist him, and to act by the opinion so

taken.

g) The arbitrator shall have power to make one or more awards whether interim or

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

entitled to make separate awards in respect of claims of cross claims of the

parties.

h) The arbitrator shall be entitled to direct any one of the parties to pay the costs to

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

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

to deposit funds in such proportion to meet the arbitrators expenses whenever

called upon to do so.

i) The parties hereby agree that the courts in the city of Mumbai shall have

jurisdiction to entertain any application or other proceedings in respect of

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

Sole Arbitrator hereunder shall be filed (if so required) in the concerned courts in

the city of Mumbai.

30. Force Majeure

(a) None of the Parties shall be liable or responsible for any failure to perform

or delay in performance of their respective obligations under this

Agreement, if such, failure or delay is attributable to or arises out of any

Force Majeure event, provided that notice of occurrence of any Force

Majeure event is given by the party claiming Force Majeure to the other

party within a period of two days of such occurrence and such notice

includes reasonably satisfactory evidence of the Force Majeure event and

the obligation/s the performance of which could be delayed or prevented

thereby.

(b) To the extent that the event is not within the reasonable control of the party

whose performance under this Contract is affected thereby, the term “Force

Majeure” as used in this Agreement shall mean and include any of the

following events: War, hostilities, acts of the public enemy or belligerents,

sabotage, blockage, revolution, insurrection, riot, or disorder; expropriation,

requisition, confiscation or nationalization; act of God; fire, frost,

earthquake, storm, lightning, or to government taking over whether or not

by formal requisition; epidemic, quarantine, strikes or combination of

workmen, lockouts or other labour disturbances; explosion, accidents by

fire or otherwise to plants; storage facilities, installations, machinery, or to

transportation, change in law or regulation which adversely affect the

interest of parties or distribution facilities or equipment, order or directions

of the courts/government/statutory authorities etc.

(c) The Parties shall exercise reasonable diligence to resume normal

performance of this Contract after the occurrence of an event of Force

Majeure. Prior to resumption of normal performance, the Parties shall

continue to perform their obligations under this Agreement to the extent not

prevented by such event of Force Majeure.

(d) For all matters affected by an event of Force Majeure, the Parties shall

consult with a view to ending the Force Majeure and to mitigating the

effects thereof during the period of Force Majeure.

31. Corrupt Practices and Integrity Pact

(a) Each Party warrant and undertake to the other that in connection with

this Agreement and the performance thereof, they will each respectively

comply with all laws, regulations, rules and requirements relating to

anti-bribery or anti-money laundering applicable on the Parties and that

they shall each respectively take no action which would subject the other

to fines or penalties under such laws, regulations, rules or requirements.

(b) The Agency acknowledges that the Corporation has signed a

memorandum of understanding with Transparency International India

for the adoption of the Integrity Pact Program and stands committed to

following the principles thereof. The Agency covenants that it will

execute the integrity pact attached as Annexure-IV.

HEALTH SAFETY SECURITY AND ENVIRONMENT POLICY The Successful tenderer has to abide the following as per applicable to the Corporation Location 1. HSSE Policy of the Corporation ( Attached as Annexure) 2. Fire Order of the location. 3. Work permit system should be followed strictly as per norms and as applicable for the

locations / laboratories.

INFORMATION ABOUT TENDERERS(To be furnished with the tender on firm’s Letter Head)

Sl.no Particulars

1 Name of firm / agency2 Registered address of the firm / agency with Tel. No. ,Fax No.

& e-mail address3 If firm, please state whether it is Sole Proprietor Partnership /

Pvt. Ltd. Co. / Public Ltd. Co.4 Name of sole proprietor/ Names of Partners / Names of

Directors with their addresses, contact Nos. (Please attachseparate sheet)

5 Name of person authorized to enter into and execute contract/ agreement and the capacity in which he is authorized.

6 Permanent Income Tax No& Income tax circle/ward/districtin which vendor is assessed for income tax

7 EPF Code No. (Copy to be enclosed)8 ESI Code No. (Copy to be enclosed)9 Details of current license from Labour Department ( A copy

certified by C.A. to be enclosed) if any?10 Whether the firm is having branches at more than one place?

If so, please furnish the details.11 No. of workers under the command of the firm and whether Yes / No

the firm would be able to provide required No. oflabourers/workers & supervisor immediately after order

12 Experience data : (Copy to be enclosed) Data Like other COY PO's / LOI's etc. 13 Declaration that no dues to be paid to Law Enforcement Self declaration letter to be provided

Authorities like EPF/ESI and no violation noted by LabourEnforcement.

14 Registration Certificate No. under the Bombay Shops and Estb. Act, 1948.

15 Service Tax Registration No. Yes / No. if Yes attach copy16 Name and full address of your Bankers with Account No. & To be provided

Bank Code No. for ECS17 Annual Turnover To be provided18 No. of workers / supervisors that would be deployed for No. currently employed with the Contractor

attending the work. & capability of max. no.of Labour supply tomentioned

19 Last three months PF/ESI/ S.T. payment receipt or challan(attach xerox copy)

20 No complaint either from the workmen or from the Labour Self declaration letter to be providedCommissioner regarding violation of Labour Law / Wagesdispute etc. in the Plant.

D E C L A R A T I O N I,………………………………………………………….Son/Daughter/Wife of Shri……………………………………………Proprietor /Director / Partner of M/s. ……………………………………………….. do hereby solemnly affirm and declare as under: 1) that I am the sole Proprietor / Partner / Director of M/s……………………………………………………………………………………… 2) that I state and declare that the above Firm / Company M/s…………………………………………………………………………………………..has never been debarred and / or blacklisted any of State Government / Public Sector Unit / Public Bodies / Municipalities / any Enforcement Authority. In case, the above declaration is found to be incorrect or wrong, the contract if awarded to the firm shall be liable to blacklisted / debarred for future works / contract with Textiles Committee. Any such action shall however be without prejudice to Textiles Committee’s rights under the law. Signature of the Proprietor / Partner / Director Shri / Smt. / Miss Note: The Signatory shall not affect any variation in the text of declaration. Declaration in any other form will not be accepted ………………………… ………………………

CERTIFICATE FROM AGENCY I certify that –

1. I am not related to any of the Directors of the Corporation.

2. I am not a partner of a firm in which the Corporation’s director is also a partner.

3. I am not a partner of a firm in which any other partner is related to the Corporation’s Director.

I also certify that M/s. ____________________________________ (name of the firm which is being considered for the contract) does not have a partner, who is a Director of the Corporation or his relative.

Organization

Name Designation Signature & stamp /seal

Date & Place

ANNEXURE V

(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

INTEGRITY PACT Between Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal", And ………………………..hereinafter referred to as "The Bidder/Contractor/Supplier" Preamble The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International"(TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Current external monitor is Shri S. S. N. Moorthy, GFQ 1ST floor, B Block, Summit Appt., Mettupalayam Road, Coimbatore - 641 043. MN. . 09500998610. E mail- ssnm1950@yahoo.com. Procurement officer and Addess :- Mr R.Subramanian Sewree Quality Assurance Laboratory sewree Fort Road Sewree ( East), Mumbai-400015 Mobile no : 9833406258 Section 1 - Commitments of the Principal : (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. c) The Principal will exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be

a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions. Section 2 - Commitments of the Bidder / Contractor/Supplier: (1) The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract. b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. (2) The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 - Disqualification from tender process and exclusion from future contracts : If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1) If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years. (2) A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice. (4) If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely. Section 4 - Compensation for Damages : (1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee. (3) The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved. Section 5 - Previous Transgression : (1) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 - Equal treatment of all Bidders / Contractors /Suppliers/ Subcontractors: (1) The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors. (3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions. Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors : If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the

Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office. Section 8 - Independent External Monitors : (1) The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. (3) The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal. (6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural. Section 9 - Pact Duration : This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and ontinue to be valid

despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal. Section 10 - Other provisions : (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. For the Principal For the Bidder/Contractor/Supplier Place ……………… Date…….. Witness 1 (Signature/Name/Address) For the Bidder/Contractor/Supplier