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BHARAT PETROLEUM CORPORATION LTD. ―A‖ Installation, Sewree Fort Road, Sewree (East), MUMBAI – 400 015.
Tel No : 022-24176418/24176207 Fax-022-24117878
Email- [email protected]/ [email protected]
e-AUCTION SALE
Online Auction platform and Support Services Provided By:
e-Procurement Technologies Ltd. A-201-208, Wall Street-II, Opp. Orient
Club, Near Gujarat College, Ellis
Bridge,
AHMEDABAD – 380 006
Phone : 079-40016802 to 877,
Fax : 079-40016876 e-mail : [email protected]
URL : www.abcprocure.com
Tender Ref : DISP/CPO 12-13(2)/05- JAIPUR OLD DEPOT E Mail : [email protected]
Site : : https://auction.abcprocure.com
e-Procurement Technologies Ltd. is an authorized e- commerce service provider for BPCL to
obtain rates online through its portal https://bpcl.abcprocure.com. The sale and purchase are
directly made by the Seller and Buyer/s [Bidder/s]. BPCL will sell assets in an old POL DEPOT
at JAIPUR RAJASTHAN respectively, AS PER BRIEF DESCRIPTION given in
ANNEXURE-D, ON “AS IS WHERE IS” AND “NO COMPLAINT” BASIS, through Online
Auction subject to Terms and Conditions annexed hereto and as per schedule of programme given
below :
Schedule of Programme
Inspection of materials
TILL 31.08.2012.
[11.00 AM to 4.00 PM on any working day]
Venue of Inspection Refer list as per TABLE – A [PART – 1]
Training to all participating bidders 2.09.2012- 7.09.2012.
Auction date and time 10.09.2012, 1300 hrs onwards
Earnest Money Deposit Refer List TABLE – A [PART – 1]
Last date to receive documents and 31.08.2012 upto 5.00 PM
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EMD for participation
E-Procurement Technologies Ltd. Contacts:-
Mr Dharam Rathod – 9374519754.
Email: [email protected] , [email protected]
For details of Offices All India, visit : https://auction.abcprocure.com
Special Notes :-
1. The sale will be through Internet auction only. 2. BPCL reserves the right to extend the closing time of one or all the lots during the
auction time as considered appropriate.
3. BPCL also reserves the right to change the start bid price during the auction time and
before close of auction time as considered appropriate.
4. Once bids are given during the online auction, they cannot be revised downwards which
may kindly be noted.
5. Unless Earnest Money Deposit (EMD) is paid to the auctioneers in advance, i.e. before 5
P.M on 31.08.12, participation is not allowed. EMD should be by DD favoring
Bharat Petroleum Corporation Limited payable at Mumbai.
Demo & Mock „e‟-Auction:- A demo auction will be conducted on web site : https://auction.abcprocure.com for all
registered participants who have given the EMD & other documents as per tender to practice and
get acquainted with the system. Further Training with a Mock e-Auction will start on 2.9.12 at
10.30 AM & end at 12.30 PM. Please log in and confirm if any difficulty to log in at ―Help
Desk‖ Tel. Nos. as mentioned below. All participants are requested to participate at Mock e-
Auction to get acquainted with the e-Auction system.
In case of any problem, please call HELP DESK ON
07940016880/887/866 [Contact Person - Mr. Dharam Rathod ]. The full offer document can be viewed, downloaded or printed at following website:
1) : https://auction.abcprocure.com
2) www.bpcltenders.in →Search Tender by Category→ CPO(Mktg.)-Disposal
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Pl. refer the following documents enclosed for further details:
a. Annexure – 1 : Terms and Conditions of the
ONLINE AUCTION
b. Annexure – 2 : General Conditions of Sale/Disposal
c. Annexure – A : Confirmation of DD details
d. Annexure – B : Letter of confirmation of H1 Bidders
e. Annexure – C : Steps for Actual bidding procedure
f. Annexure – D : Scope and Special conditions for
Disposal of Depot Assets
g. Table – A [Part – 1 ] : Auction Lot Details/ Auction
timing and Start Bid & Increment value details
h. Table – A [Part – 2 ] : Sales Tax Details
i. Annexure – E : Arbitration Clause.
ANNEXURE – 1: TERMS & CONDITIONS OF THE ONLINE AUCTION
Definitions:-
SELLER: Seller referred in this catalogue, is BHARAT PETROLEUM
CORPORATION LTD.
SERVICE PROVIDER: e-Procurement Technologies Ltd. (hereinafter referred to as
―abcprocure‖) is an e-commerce service provider appointed by the seller to facilitate
virtual auction by the seller. e-Procurement Technologies Ltd. will only facilitate
online auction and are considered as third party not particularly interested in the item/s
being sold on behalf of seller.
BIDDER: Any person - as an individual OR a proprietor OR a partner OR an authorized
representative of any company OR any legal entity and who is paying the requisite EMD
and registered at e-Procurement Technologies Ltd. and who makes or places a bid for
and purchases the auction property either in part or in full is considered as a bidder. One
individual can represent as a bidder on his own behalf and on behalf of other companies
provided he registers himself in those capacity separately, i.e. for each representation he
should pay separate Earnest Money Deposit. Successful Bidder is that Bidder in whose
name confirmation of sale is issued by the seller.
1.0 GENERAL TERMS & CONDITIONS :
1.1 The Auction will be organized only through Internet.
1.2 Subject to the reserve price, if any, fixed by the SELLER and subject to the Term
and Conditions set out herein, sale shall be made to the HIGHEST BIDDER on “AS
IS WHERE IS” and “NO COMPLAINT” basis. The Seller does not undertake
any responsibility to procure any permission / license etc., in respect of the auction
property offered for sale.
1.3 SELLER reserves the right to modify and amend the Terms & Conditions and
announce the same at any time before the auction concludes. Announcements during
the auction on the website including announcement of any additional conditions OR
correction in the catalogue and / or additions or deletions of items being offered for
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sale are being done with the consent and knowledge of the seller, and it is binding
on the bidder.
1.4 Participation and bidding in this Auction shall be treated as conclusive evidence of
the fact that the bidder has inspected the Items and the documents pertaining to it
and is satisfied in all respects regarding quantity, quality, condition of the Items,
taxes and duties, and other extraneous factors and the Principle of Caveat Emptor
(let the buyer beware) will apply. It shall also imply that the bidder has carefully
gone through and understood the terms and conditions of Auction including the
amendments if any, prevailing at the time of Auction. Seller / e-Procurement
Technologies Ltd. will not entertain any complaints or objections once Bid is
placed.
1.5 Seller / e-Procurement Technologies Ltd. does not give warranty or guarantee of
the quality, quantity, measurement, condition, chemical composition of each
individual item/s or lot/s that form the auction Item and about its ―End Use‖ or
fitness for a particular purpose.
1.6 The highest bidder does not get any right to demand acceptance of his offer.
SELLER reserves the right to accept / reject / cancel any bid, withdraw any portion
of the Auction Property at any stage from Auction even after acceptance of bid/
issue of delivery order or release order / deposit of full value by successful bidder
without assigning any reason there of. In the event of such rejection/ cancellation/
withdrawal, SELLER, shall refund the value of Auction Property, if paid for, to the
successful bidder. SELLER shall not be responsible for any damages/loss
whatsoever to the successful bidder on account of such withdrawal.
1.7 EMD amount will not carry interest.
1.8 In the event of failure on the part of the successful bidder to fulfill his contractual
obligations, seller / e-Procurement Technologies Ltd. reserves the right to debar
such bidder from participating in any future auction conducted by e-procurement
Technologies Ltd. on behalf of seller.
1.9 All other terms and conditions as specified from time to time by BPCL and
abcprocure will apply.
2.0 PARTICIPATION:
2.1 For bidding at our e-Auction, the intending participants are requested to log on to
website : https://auction.abcprocure.com Prior to the final auction all bidders
are requested to read and familiarize themselves with the BIDDING
PROCEDURE & INSTRUCTIONS as per Annexure-C, which should also be
signed and stamped and sent along with Annexure-A, and EMD. Please contact
us on 9723822331/9825027089/07940016866/880/877/881
2.2 All those who wish to participate in the e-Auction, should deposit their Earnest
Money Deposit (EMD) by Demand Draft (DD) issued by any Nationalized
Bank/Scheduled Bank favoring Bharat Petroleum Corporation Ltd., payable at
Mumbai duly crossed and superscribed ―Account Payee Only ―along with
Annexure “A” and “C” attached herewith and other documents like NSIC
Certificate, wherever applicable on or before 5 PM on 31.08.12 with any of the
following addresses.
NAME ADDRESS MOBILE/ E MAIL
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LAND LINE /
FAX
Mr. Dharam Rathod
M/s. E – Procurement
Technologies Ltd,
B – 704/705, Wall
Street – II, Near
Gujarat College, Opp.
Orient Club,
Ellisbridge,
Ahmedabad – 380
006. Gujarat
09924490568
09725320935
079 – 4001 6860/
6861/6863/6864/
6866/6874/6877/
6878/6880/6882
Fax : 079 – 4001
6816 / 6876
Mr. Dharam Rathod
Mob: 0 – 9374519754
(079 – 4001 6861 (Direct))
Email:
Mr. Mitesh Bhadesiya
Mob: 0 – 9725320935
(079 – 4001 6860 (Direct))
Email:
Helpdesk Email-Id:
Mr. Vishal Shah M/s. E – Procurement
Technologies Ltd,
427/429, 1st Floor, I.R.
Road, Near Police
Station, Pydhonie,
Mumbai – 400 003.
09819585956 Mr. Vishal Shah
Mob: 0 – 9819585956
Email:
Mr. Ravi Narula M/s. E – Procurement
Technologies Ltd,
B – 170, Mansarovar
Garden, New Delhi –
110 015
098911 72377 [email protected]
Mr. Ravi Taparia M/s. E – Procurement
Technologies Ltd,
19 Synagogue Street
City Centre, Suite
#217B, Kolkatta –
700 001.
098300 42060 [email protected]
Mr. Govindaswamy M/s. E – Procurement
Technologies Ltd,
Vel Amrutha Towers,
Old 15 [ New 7 ],
Nallanna Mudali
Street, Royapettah,
Chennai – 600 014.
097907 19796 [email protected]
Mr. Robin Kennedy M/s. E – Procurement
Technologies Ltd,
10/2, Narendra Plaza,
Victoria Road,
Bangalore – 560 047.
098454 84101 [email protected]
Mr. Mitul Sharma M/s. E – Procurement
Technologies Ltd,
124, 1st Floor, City
Centre, Nr. U.P Press
094155 17902 [email protected]
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Club, Hazratganj ,
Lucknow – 226 001
Mr. V. Jaykumar Nellickal Building,
CMS College Road,
Kottayam – 686 001
Kerala.
097443 16367
2.3 Please do not mention your Password in your letter. Forms received after last
date / time of registration, i.e. by 5 PM on 31.08.12 will be liable to be rejected
out rightly and such bidders will not be allowed to participate at the e-Auction
and their DD will be returned to them through Courier at their risks. Hence, in
your own interest, you are requested to complete all the formalities to become
Registered Participant in advance and well in time before 31.08.12. 2.4 EMD exemption is applicable only for those NSIC / SSI units who fulfill
following conditions :
A. SSI units should be registered with National Small Scale Industrial
Corporation (NSIC).
B. The units should be registered for the item tendered for e-auction.
C. The monetary limit indicated in NSIC registration certificate should cover
the value of items ordered.
D. Registration certificate should be valid as on date of order.
E. Photostat copy of valid NSIC registration certificate should be submitted
as support.
2.5 Registration with DGS&D will not entitle a tenderer to claim exemption from
security deposit EMD.
2.6 BPCL / E-Procurement Technologies Ltd. reserves the right to reject the request
for EMD exemption if any one of above conditions are not met in full to their
satisfaction and BPCL decision in this matter is final and binding to accept or
reject on this EMD exemption clause.
2.7 On receipt of your EMD and other documents, your login ID / Password will be
e-mailed by us through our secured server to your valid and confidential email
provided by you in ANNEXURE “A”. On receipt of the passwords a
confirmatory email will have to be sent back to us that you have received the
login / password, please do not disclose your login / password in the
confirmatory mail. On receipt of this confirmation you will then be enabled and
activated for bidding.
2.8 Please do not reveal / pass your Login ID and Password to any other person/s. It
is your personal property and we will not be responsible for any leakage or
misuse or illegal use of your User ID and Password. Nevertheless, you will be
held personally liable to the Seller and the Auctioneers for any misuse or illegal
use of your User ID and password by other person/s and any successful
transaction online by such unauthorized person due to your negligence will be
considered as your own transaction and you will be required to fulfill the contract
as per terms and conditions of the sale.
2.9 To enter the e-auction on https://bpcl.abcprocure.com and get the bidding
screen kindly refer to Annexure-C on bidding procedure & instructions. The
auto extension feature gives equal opportunity to all bidders to place their bids in
the closing minutes of the auction. For details on auto extension refer to
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Annexure-C. Hence bidders are requested to stay tuned to the end of the auction
even after the auction closing time in case the auction gets extended due to auto
extension till the bidding screen closes. Please do not wait till last few seconds,
but enter your bid at least 1 minute before end time. Confidential instructions can
also be given to the website to carry out secure and confidential Auto bid. (Refer
to Annexure-C for instruction of Auto bid.)
2.10 Please Note each Registered Participants shall pay refundable Earnest Money
Deposit (EMD) to participate and bid at our e-Auction. The Participant at our e-
Auction will be allowed to bid only after they have paid EMD in advance to us
by DD as mentioned in the General Conditions of sale.
2.11 Please note that the DD against EMD must be received by us in advance along
with Annexure-A and Annexure-C and other documents (like NSIC certificate,
etc.) on or before 5 PM on 31.08.2010. The Auctioneers / Seller are not liable
for the delay or late receipt of DD and other documents whether sent through
Courier or Post.
2.12 The Auctioneers will arrange free training to the participants for the e-Auction by
prior appointment on phone. Only bidders who have paid EMD and other
relevant documents, i.e. Bidders who are qualified to participate in the auction
will be given training.
2.13 During the online bidding process, BPCL reserves the right to change the start
bid price as considered appropriate. Once the bids are posted during the online
auction, they cannot be revised downwards which may kindly be noted. Every
bidder is under obligation to buy the material at the price he bid should the
material be offered to him at that price. If any bidder to whom the material is
offered at his bid price fails to effect the payment or other payments or carry out
the clearances of material within the prescribed time frame or do not fully
comply with the terms and conditions of the auction as displayed on the website,
the EMD and any other payment made by him will be forfeited. This condition is
applicable to all bidders. The seller is at liberty to offer and / or sell such material
to another party of his choice or even retain it. The EMD paid for an auction or
an item may be appropriated and forfeited against non–compliance with the
terms and conditions in another or item.
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ANNEXURE - 2
GENERAL CONDITIONS OF SALE / DISPOSAL
1. Inspection of the materials : 1.1 All scrap materials will be sold in Lot basis as mentioned in Table „A‟ (Part-1) on ―As Is
Where Is and No Complaint‖ basis. The materials will be available for inspection at the
respective site on production of this catalogue to the Security / Engineering / Operating
Staff on duty on any working day and time specified in this catalogue till 31.08.2010 with
prior appointment.
2. Earnest Money Deposit (EMD) :
2.1 For participating at our e-Auction, the intending bidders shall pay refundable Earnest Money
Deposit (EMD) by Demand Draft from any Nationalized or Scheduled Banks as mentioned
against each lot in the catalogue on or before 5 P.M. on 31.08.2010 along with Annexure-A
& Annexure-C drawn in favour of Bharat Petroleum Corporation Ltd., payable at
Mumbai, duly crossed and superscribed “Account Payee only”. EMD must be deposited
with E-Procurement Technologies Ltd. No interest is payable for the deposit amount held by
us.
2.2 As per BPCL Corporate policy all EMD payments irrespective of successful or unsuccessful
bidders shall be deposited in the operating Bank of BPCL immediately. The EMD payments
of unsuccessful bidders shall be returned by cheque without any interest subsequently
within 30 working days approximate through courier or Registered A.D. at the address given
by them. No interest will be payable for such refunds. In case of any undue delay in refund
of cheque due to unforeseen reasons at BPCL end or due to any postal / courier delays BPCL
is not liable for any claims of interest or any disputes arising out of this. Therefore, parties
are requested to take note of this.
2.3 Every bidder is under unconditional obligation to buy materials at the price offered by him
whether he has been the highest bidder or not.
2.4. The successful party will be advised the outcome of the e-auction result by issuing a sale
letter within a reasonable time, i.e. 30 working days approximate after the e-auction after getting
internal approvals. The successful party‟s EMD will be refunded only on completion of the
job to the full satisfaction of the Corporation.
3. Participation in e-auction will mean that the party has inspected the facilities / materials / lots /
nos. available for sale / disposal at site as per auction details in Table-A [Part-1] on as is where
is and no complaint basis and fully satisfied / understood the lot details and site conditions
himself regarding the condition, size, quantity, quality, weight, numbers etc. of the items
available for sale / disposal. Therefore, no claim shall be entertained in case of any variations in
quantities particularly on down ward side or condition / quality / weight / numbers of the
materials etc. at the time of upliftment which may kindly be noted.
4 At any given time there can be only one H-1 bidder per lot / item.
If more than one bidder bids, same value for an item / lot, the bidder who quotes the highest price
first as per the server time is considered as the H-1 bidder for that lot / item.
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5. E-Procurement Technologies Ltd. Site: E-Procurement Technologies Ltd. runs its business on the basis of a robust Web Site. However
E-Procurement Technologies Ltd. is outsourcing server space from a third party hosting
company and hence shall ensure the smooth running in all good faith and intention. However,
BPCL / E-Procurement Technologies Ltd. will not be held responsible for any failure of power,
network, server, hosting server, internet connectivity, ISP or otherwise at Bidder‘s end or at
BPCL / E-Procurement Technologies Ltd. directly or indirectly effecting On-line method of
Bidding.
E-Procurement Technologies Ltd. takes no responsibility of the quality, quantity, documentation
details of buyers/sellers. Both the buyers & sellers agree to defend indemnity and hold harmless,
E-Procurement Technologies Ltd. from any loss, damage, cost and expenses caused by any
reason during this transaction. In no event shall E-Procurement Technologies Ltd. be liable for
any loss for the transactors by business, revenues, profit, costs direct and incidental,
consequential or punitive damages of any claim. Both the parties agree to have discussed all the
related matter regarding this transaction and have understood in full that E-Procurement
Technologies Ltd. has provided a source of supply and has nothing to do any further especially
with regards to quality, warranty, guarantees, delivery schedules, payments, rejections,
transportation, legal laws and regulations to be followed from time to time etc. Since E-
Procurement Technologies Ltd. does not possess knowledge base of the commodities under
transaction both the parties agree that the matter contained in the materials as a part or as a whole
does not violate any applicable law. No complaint will be entertained after the lot is once
knocked down. E-Procurement Technologies Ltd. is only an e-commerce service provider,
and is not and cannot be a party to or control in any manner any transactions between the
seller and the bidder. E-Procurement Technologies Ltd. Shall neither be responsible nor
liable to mediate or resolve any disputes or disagreements between the Seller and Bidder.
The Seller / Bidder agrees to limit the liability of E-Procurement Technologies Ltd. to them
for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses
from any cause or causes, including attorneys‟ fees and costs, so that the total aggregate
liability of E-procurement Technologies Ltd. to the Seller / Bidder shall not exceed it‟s total
fee receivable from the Seller / Bidder. It is intended that this limitation apply to any and all
liability or cause of action however alleged or arising, unless otherwise prohibited by law.
In the event of any dispute with regard to non-lifting / non-availability of inspected materials etc.
and forfeiture of ‗EMD‘ by participant. E-Procurement Technologies Ltd. will not be held
responsible for the loss / forfeiture.
6. Auction Result : 6.1 Auction Result will be declared subject to confirmation from BPCL. The result will be
declared within 30 working days approximate from the date of Auction. The H-1 party
for each lot will have to submit Annexure-B duly filled with their highest bid quoted
immediately after the e-auction event is over by fax or courier to E-Procurement
Technologies Ltd. / BPCL within 24 Hrs . Delay in submission of Annexure-B will not
be accepted.
6.2 The rate offered by the bidder shall be considered as Basic Price per Unit of the items
mentioned. All taxes, Duties, VAT, Additional Tax, TCS and Turn-over Tax or any
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other statutory levies or taxes as applicable under the relevant Sales Tax / Excise Act /
IT Act or any other act shall be charged extra at the rate prevailing at the time of sale
letter / delivery.
6.3 The present tentative rate of Local Sales Tax (VAT), CST with Form “C” , CST without
form „C” as applicable are given In Table “A” [Part -2 ]. However, these Taxes, i.e. VAT,
CST with Form or Without Form C / Excise Duty / TCS rates etc as applicable shall be on
actuals. In case, CST with C from if applicable and claimed by successful party, they have
to submit the C form along with the sale amount. Tax Collection at Source (TCS) @ 1% of
(basic value + Sales Tax) will be charged extra to all Bidders for all items. Successful
bidder has to deposit the amount of equal to (basic + ST + TCS). BPCL would provide Tax
Collection Certificate to successful Bidder. In case, TCS is not applicable bidder can take
refund from appropriate authority based on TCS Certificate of BPCL.
6.4. Please note that taxes / duties, TCS etc. statutory levies shall be as applicable at the time of
sale letter / upliftment. Decision in regard to applicability of VAT / CST / Excise / TCS rates etc.
as decided by BPCL would be final and binding to the successful bidder and bidders can not
claim/dispute on this matter.
6.5. Any failure to accept the rate of taxes / duties / TCS etc. as may be indicated by BPCL in the
sale letter, BPCL reserves the right to forfeiture of EMD and cancellation of sale letter without
assigning any reasons.
6.6. Please note that the start bid price is the minimum basic price excluding all taxes etc and
bidders have to put their bids above the start bid price indicated above. BPCL reserves the right
not to sell at the highest offer received during the auction in case their expected reserve / target
price is not achieved or for any other reasons.
6.7. Bidders to note that Start Bid Price provided by BPCL is only to proceed with start of
e-auction and Start Bid Price should be with minimum one increment or more. It is to be
noted that start bid price is not considered as expected sale price. Customers who are
interested to purchase the material are requested to give their best price for the material
even in case where there are no competitive bids. BPCL reserves to sell material only when
sale price obtained is as per BPCL requirement. BPCL may not sell the material to H1
Bidders if the price obtained is not as per BPCL requirement.
7. Payment & Delivery :
Successful Bidder [H-1 Party] will have to make payment of full Sale value [including Local
Sales Tax / CST / VAT and TCS as applicable ] in the form of Demand draft in favour of
Bharat Petroleum Corporation Ltd., payable at Mumbai, within 4 weeks of Sale Letter /
intimation of bid acceptance and uplift the material completely by making their own
arrangements within 16 weeks of Authority Letter issued by BPCL to uplift the material,
failing which action as under will be taken by BPCL without any recourse
(a) Party‘s EMD will be forfeited.
(b) Sale letter will be treated as cancelled and Seller shall have the right to
dispose off the materials. No claim whatsoever from the said party shall be
entertained.
(c) The party may also be debarred from participation in any future sales /
auctions.
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NOTE : 1) EMD payment will not be adjusted against the sale value. EMD will be returned
after completion of the disposal activity.
2) Successful party has to make payment in full and in one installment only.
3) The sale proceeds submitted by the H1 bidder shall not be refunded in any case.
Therefore it is in the interest of the bidder to uplift the material within 16 weeks of
the issue of Authority Letter.
No part payments will be allowed. Also it may please be noted that Authority letter for lifting the materials can be
issued only after the DD‘s for full sale value are realized and the amount has been
cleared, transferred and credited to BPCL accounts which may take 7 working days
from the date of receipt of full payments by DD‘s.
8. Description of Materials and Quality and Quantity : 8.1 The materials shall be disposed off in ―AS-IS-WHERE-IS‖ and ―NO COMPLAINT‖
basis in single lot only.
8.2 Numbers, quantities and nature of material given in the catalogue are approximate /
indicative only and the materials will be sold without any regard or consideration of these
numbers or nature of materials and no Warranty or guarantee shall be implied. The
Purchaser must lift the declared quantity within prescribed time of two weeks. The sale /
disposal offer may be withdrawn by the seller any time before issue of sale letter and the
decision of the seller in this regard is final and binding on all.
8.3 Wherever applicable, each truck may be weighed, both before and after loading on
weighbridge and weighment witnessed jointly by officers of BPCL / Purchasers
representatives if required.
9. Removal of Materials :
9.1. The purchaser shall complete the transaction including collecting the scrap material
before 5.00 p.m. on any working day with prior appointment with the concerned
department within the stipulated delivery days. The items offered for sale will be handed
over to the successful tenderer by our representative at site on production of our Authority
Letter which will be issued after the payment of total sale price including Sales Tax, etc.
9.3 The Seller reserves the right to unload the vehicles for inspection purpose. If it is suspected at
any time that the purchaser has loaded the material / materials for which he is not purchaser or if
the purchaser is found to carry excess material than that mentioned in the documents, the Co. will
be within its right to detain the truck, unload the goods at the cost & expenses of the purchaser &
terminate the contract forthwith and forfeit the sale value & claim such further losses and
damages that may be caused to the Seller.
9.4 Any damage to the Seller‘s or Third Party‘s properties during removal of the items will
have to be made good by the successful purchaser at their own cost. The Seller reserves the
right to claim from the purchaser any expenses which might have been incurred by it over and
above the EMD by way of restoring damages caused to properties belonging to the Seller /
Third Parties by the action of such purchaser or their men. Until such losses are reimbursed,
delivery of the material sold will not be given to the purchaser.
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9.5 Loading / Unloading will be carried out by the purchaser at his own costs & risk. All
material handling machines / equipments, tools and tackles, labour, etc. or any other
items as may be required to be supplied by party or as insisted by the seller for successful
completion of the job will be arranged by the purchasers at their own cost. Non-
availability of the same will not be considered as a ground for ‗Late-Lifting‘ of the
materials.
Scrap material shall be weighed as far as possible within BPCL premises in presence of
the buyer and seller (BPCL representative) before clearance for dispatch. In case there are
no facilities for weighing in sellers premises , the purchaser shall arrange for weighing in
an approved weighing machine at his cost as directed and to be witnessed by the
purchaser‘s representative.
10. Decision in case of disputes : 10.1 In case of any dispute regarding the contract, the decision of the Seller shall be final and
binding. If there is any dispute as to the last or highest bid or dispute in identifying the
item belonging to particular lot, the dispute shall be determined by the Seller and their
decision shall be final and binding to all. 10.2 Only the appropriate Court in Mumbai, Maharashtra will have Jurisdiction to deal with
any disputes arising out of this contract. In case, of any dispute arising out of or relating to the terms of this contract the matter
shall be referred to one Arbitrator appointed by Seller. The arbitrator so appointed shall
act in accordance with the provision of Arbitration & Conciliation Act, 1996 and the
venue of arbitration shall be Seller‘s Office or as suggested by the Seller.
11. Right of Acceptance / Rejection of Offer : 11.1 The Seller reserves the right to withdraw wholly or partially any or all the items set for
sale at any time during the period of contract without assigning any reasons.
11.2 The goods are sold subject to the reserve / expected price obtained by the Seller to their
satisfaction. The Seller is not bound to accept the highest offer. The Seller reserves the right
to reject any conditional offers.
12. Forfeiture of Earnest Money Deposit (EMD) :
12.1 In case of failure of the purchaser to comply with the conditions of the tender / contract,
the Seller may at its discretion, terminate the contract and the EMD paid by the purchaser
will stand forfeited for the breach of contract by the purchaser. The lot in question will be
re-sold by the Seller, without any reference to the purchaser, to any other buyer at the cost
and risk of the defaulting purchaser. The deficit if any will be recovered from the defaulting
purchaser.
12.2 The lots paid for must be completely removed at the purchaser‘s expense within the
schedule period specified. If any lot is not removed within this specified period, the Seller may
re-sell / re-auction the said lot or portion thereof at the purchaser‘s risk and expense. In this
event, the purchaser will be liable to compensate the Seller for all the damages and losses that
the Seller may suffer on account of re-selling / re-auctioning the lot. This will be in addition to
EMD that will stand forfeited in the event of the purchaser not removing the lots within the
specified time.
13
13. Termination of Contract :
The Seller reserves the right to terminate the contract at any time by giving three days
notice on the following ground.
13.1 Unsatisfactory execution or performance of the contract by the purchaser.
13.2 For improper behavior of the purchaser or breach of the terms and conditions of the
contract.
13.3 Decision of the Seller to terminate the contract shall be final and binding and no claim for
damages and compensation shall be entertained.. In the event of the purchaser or his agent or
servant committing or attempting to commit theft, fraud, dishonesty or gross misbehaviour in
connection with the subject matter of this contract or in any other connection whatsoever
concerning the business of the Seller, the Seller will be entitled to terminate the contract
forthwith and forfeit the EMD / Sale Value at its sole discretion.
13.4 In case of any incomplete job, or only part job done before the schedule time for
completion, and if the delays are found to be attributable to the purchaser‘s failures, the
seller, i.e. BPCL if not satisfied with their performance, reserves the right to terminate the
contract and award the job to any other Contractor at their cost and risk.
14. Passing of Property In the goods :
It is expressly made clear that the property in the goods whether sold by units, weights or lots,
whether arranged or otherwise, will remain that of the Seller and will pass on to the purchaser
only when material is taken out by the Purchaser from the factory Premises after getting valid
dispatch documents.
15. General : 15.1 All Safety Regulations should be followed by the purchaser and their men in removing
the items. Also the purchaser and their men will be neither allowed to carry lighters nor
to smoke inside the premises. They should obtain suitable Work Permits / Safety
Certificates for excavation, hot work etc. from the authorities at site. The work will be
allowed to carry out during working hours of the Installation / Depot / Division / LPG
Plants etc. only. The work should be commenced only after obtaining necessary
permission from the Corporation‘s representative. The men employed to carry out the
work should observe the Corporation‘s rules and regulations at the location.
15.2 Any injuries to workers employed by the successful purchaser while removal / transport
of the items and any risk / liabilities (including under Workmen‘s Compensation Act etc.)
arising out of the same, will be the liability of the purchaser and not of the Corporation.
The Purchaser should also indemnity the Corporation against all liabilities / demurrage
claims arising out of non-compliance by the purchaser of all statutory requirements
currently in force or made applicable subsequently. The successful purchaser will keep
the Corporation indemnified against all damages / claims arising of the aforesaid.
15.3 All notices, letters sent to the purchaser shall be deemed to have been received by him /
them on expiry of 48 hours from the time of posting if the same are sent at the address
given by the purchaser.
14
15.4 Resale will not be recognized and release order will be made out in the name of actual
successful purchasers only.
15.5 The purchaser shall not be entitled to resell any lot or part of a lot while the goods are still
lying within the premises of the Company and no delivery would be effected by the Company to
any person other than the purchaser whose names are mentioned in the delivery order.
15.6 The successful party shall also be liable for any pecuniary liability arising on account of
any violation by them of the safety requirements. Should any injury to people or loss or damage
due to fire/ or accident to any property or a portion thereof occur as a result of failure to comply
with such regulations, the successful party shall be held responsible for the consequences thereof
and shall keep the company / seller harmless and indemnified .
15.7. The terms and conditions of tender for disposal of scrap material as per Annexure–
1 & 2 and scope of disposal shall be applicable. For Scope and Special Conditions
for Disposal of Depot Assets, pl refer Annexure–D. 15.8 Any change in Conditions of sale or Additional Conditions of sale, if any, will be
announced in E-Procurement Technologies Ltd. web site at the time of auction on line. 15.9. The list of disposal items and their location with address / contact person and their
Tel. No. and EMD details etc. are provided at TABLE-A [Part–1] 15.10. The lot location with quantities / auction start time / Auction close time / start bid
Price / bid increment value etc. details are provided in TABLE-A [PART–1] 15.11. The sales tax [VAT/ CST with form “C”/ CST without form “C”] and TCS
applicable are provided in TABLE-A [PART–2] 15.12 The decision of seller is final and binding in all matters related to this sale.
16. The Validity period of the offer is 45 days from the date of e-auction.
17. Successful parties may note that :
(a) Item once sold can not be taken back or exchanged.. Should any successful
tenderer withdraw their bid either prior to our issue of acceptance letter or
afterwards, the Seller will be at liberty to resell the items to any person of
their choice at the risk and cost of the original successful tenderer. If such re-
sale proceeds is more than the earlier de-faulting successful tenderer‘s offer,
they will not be entitled for any increased proceeds realized by the
Corporation. However, if the re-sale proceeds are less than the earlier
defaulting successful bidder, the seller reserves the right to recover the
difference in re-sale realization from the defaulting earlier successful bidder.
(b) Resale, transfer on assigning the unremoved / undismantled materials to any
other party will not be allowed until the materials are removed from our
premises.
(c) Any damage to the Corporation‘s / Railway‘s or Third Party‘s properties
during removal of the items will have to be made good by the successful
tenderer at their own cost. The Corporation reserves the right to claim from
the tenderer any expenses which might have been incurred by it over and
15
above the EMD by way of restoring damages caused to properties belonging
to the Corporation/ Railways/Third Parties by the action of such tenderer or
their men.
18. The Corporation reserves the right to accept or reject any tender in part or completely to
suit their convenience without assigning any reasons whatsoever.
16
ANNEXURE–A
(On bidder letterhead with company seal and stamp with contact details)
From:
Date :
To, M/s. e-Procurement Technologies Ltd. B-705, Wall Street-II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad – 380 006, Gujarat, India
Ph. Nos. : +91-079-40016860 / 861 / 863 880/866/877
Sirs,
Re: REQUEST TO ISSUE OUR LOGIN ID / PASSWORD FOR PARTICIPATING IN
THE e-AUCTION TO BE HELD ON BEHALF OF BPCL ON 10.09.12 FROM 1300 HRS
FOR JAIPUR OLD DEPOT.
A. EMD Details :
Please find attached herewith our Demand Draft payable to Bharat Petroleum Corporation Ltd., at
Mumbai, as per details given hereunder for participating at the above e-Auction.
All DDs are payable to Bharat Petroleum Corporation Ltd. at Mumbai
LOT No. DD No. Amount
B. EMD Exemption Details : (if applicable) :
We are exempted from EMD as per Clause No.2.3 of Annexure-I. Accordingly we are
enclosing the documents for exemption of EMD. We may be allowed to participate to bid for the
following LOTs without EMD
LOT No. Description
17
C. General Notes :
We hereby confirm that we have understood the steps for Bidding on E-procurement
Technologies Ltd Site https://bpcl.abcprocure.com and would like to participate in the mock
online training auction for BPCL to be held on 2.09.2012 at 10.30 AM-12:30 PM.
We hereby confirm that we have read and understood the terms & conditions of the e-Auction
Sale tender documents for all the lots and same are acceptable to us. We have also physically
inspected the materials and understood the scope of materials and its condition and there are no
deviations to the same as per the auction catalogue details and I accept all terms and conditions of
the e-auction sale tender document in full.
We will honour the bids placed by us during the auction process.
We also confirm that we will e-mail a scanned copy or fax the price confirmation of our
final online quoted rate as per Annexure–B immediately after the completion of e-auction
followed by original price confirmation sheet by courier.
You are requested to ISSUE our Login ID / Password on our valid and official email as given in
below on receipt of above DD and relevant documents.
E Mail Id____________________________
Thanking you,
Yours truly,
Company Stamp &Seal
(Signature)
Encl : 1] _____ Drafts as above.
2] Other documents (provide full details)
3 ] PAN No. :
Tel. No. : Office :
Residence:
Mobile :
Fax No :
E-mail :
18
ANNEXURE – B
(on Bidder letterhead with company seal and stamp with contact details)
Letter of Confirmation (To be submitted by H-1 parties immediately
after the auction event)
From :
Date :
To, M/s. e-Procurement Technologies Ltd. B-705, Wall Street-II, Opp. Orient Club, Nr. Gujarat College, Ellis Bridge, Ahmedabad – 380 006, Gujarat, India
Ph. Nos. : +91-079-40016860 / 861 / 863 880/866/877 Dear Sir,
Sub : Confirmation of bidding at the e-Auction held on 10.09.2012 on behalf of BPCL,
Mumbai.
We hereby confirm that we bided at the e-Auction held on 21.12.2010 by you and our highest bid
for the lot/s we participated were as under :
Lot
No.
Highest Bid Rate
[Unit Rate] in figs.
Highest Bid Unit Rate in words
We also confirm that in case of acceptance of our offer, we have to deposit an amount in the
form of DD equivalent to (Basic price amount for the LOT corresponding to the above price +
Sales tax as applicable + TCS @1%).
Thanking you,
Yours truly,
(SIGNATURE)
Company Stamp & Seal
Tel. No. : Office
Residence :
Mobile :
Fax No. :
E-mail :
PAN No. :
19
Annexure - C
Steps for Actual Bidding Procedure :
1 Go to https://bpcl.abcprocure.com
2. Enter ―Login ID ― and ―Password‖.
3. When a bidder logs in for the first time for the particular auction, bidder has to accept to
the Terms & Conditions. (After accepting to the terms & conditions of the company only
you can be able to bid)
4. After accepting to the terms you will be taken to the auction-listing page where you will
be able to see all the details about the auctions.
5. Click on Auction Room link on the top of this page. This will take you to the Bidding
Page. A separate Window opens which is the Bid room.
6. Now Start Bidding. You can either Bid Manually OR can use Auto-Bid. (In Auto bid,
the computer will bid on your behalf upto that value you have given).
7. In the Manual Bid option, you can put your bid in the text box available for each ITEM
and submit it every time. A bid confirmation pop up box will appear to confirming
whether you want to go ahead with the bid posted or not. If you confirm the bid, your
bid will be posted. If your bid is accepted, that will be displayed in ―Your bid‖ column
on your right side screen. Also the highest bid amount will be displayed in ―Highest bid‖
column. If you are the highest bidder at the time, ―Your Bid‖ column will be highlighted
with ―green‖ background.
8. During the auction, the current highest bid of the bidder, the bid status and the bid
history can be viewed on the screen all the times. Bids can be placed at the specified
time mentioned during the auction day.
9. For Auto Bid, Click on the ―A‖ icon related to the item you want to bid. It will open a
small window where you can place your ―auto bid―.
Enter your starting bid amount in ―Your Amount‖ text box, the minimum increment
is a optional text box by default it will take the minimum increment amount which
is fixed by the company for that product. Enter the maximum amount in the
―Maximum Ceiling Amount‖ text box. Submit your auto bid after filling all the above
values.
10. You can see your Bid Value and the Highest Bid Value for a particular lot after bidding
once.
11. There is Auto Time Extension will be done by the system. If any bidder post his bid in
the last 1 minutes of the auction closing time, the auction will be extended automatically
for further 3 minutes.
Special Note: Bidders are requested to check the Bid Entry in words & figures before
confirming it. Any wrong bids will lead to forfeiture of Earnest Money Deposit (EMD) and
said lot will be re-auctioned immediately and the bidder is barred from the future bidding if
any.
20
E-Auction Guidelines
BPCL shall finalise the disposal of the items (Lots) against this Tender through e-auction mode. BPCL has made arrangement with M/s. e-Procurement Technologies Limited, Ahmedabad, (ETL), who shall be BPCL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same. 1. E-Auction shall be conducted by BPCL, on pre-specified date and time, which the
bidders shall be quoting from their own offices / place of their choice. Internet connectivity shall have to be ensured by bidders themselves. In extreme case of failure of Internet connectivity, (due to any reason whatsoever may be) it is the bidders’ responsibility / decision to send fax communication immediately to M/s. e-Procurement Technologies Limited, Ahmedabad furnishing the price the bidder wants to bid online with a request to upload the faxed price on line so that ETL will up load that price on line on behalf of the Bidder. It shall be noted clearly that the concerned bidder communicating this price to ETL has to solely ensure that the fax message is received by ETL in a readable / legible form and also the bidder should simultaneously check up with ETL about the clear receipt of the price faxed. It shall also be clearly understood that the bidder shall be at liberty to send such fax communications of prices to be up loaded by ETL only within the closure of Bid time for that particular Lot and under no circumstance it shall be allowed beyond the closure of Bid time for that particular Lot. It shall also be noted that ETL should be given a reasonable required time by the bidders, to upload such prices online and if such required time is not available at the disposal of ETL at the time of receipt of the fax message from the bidders, ETL will not be uploading the prices and either BPCL or ETL are not responsible for this unforeseen circumstances. In order to ward-off such contingent situation bidders are requested to make all the necessary arrangements / alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the e-auction successfully. Failure of power at the premises of bidders during the e-auction cannot be the cause for not participating in the e-auction. On account of this, the time for the e-auction cannot be extended and neither BPCL nor ETL is responsible for such eventualities.
2. M/s. e-Procurement Technologies Limited shall arrange to train your nominated
person (s), without any cost to you after the submission of the required documents & the EMD amount.
3. Starting Bid / Bid Increment: The opening price and the bid increment value for
the respective Lot has been mentioned videTable-A. BPCL reserves the right to revise the start bid price at the time of auction.
4. BIDDING CURRENCY AND UNIT OF MEASUREMENT: Bidding and evaluation
will be conducted in Indian Rupees (INR) of the item / Lot. The price bid placed during the “e-Auction” shall be “Rate per Unit” against each Lot.
5. At the end of the e-auction, bidder has to provide the Price Confirmation for his
valid highest offer submitted in the e-Auction, as per BPCL’s format, immediately after the completion of the e-Auction.
21
6. Procedure of e-Auction:
i. The start bid price & increment price have been mentioned vide Table A which shall be visible to all the bidders on their respective bidding screen for each Lot for which they are qualified to bid. Please note that the first bid that comes in the system should be equal to the start price + one increment or higher than the increment value for each Lot. The second online bid and onwards for any particular Lot will have to be higher than the H1 rate by the minimum increment value, or higher than the increment value.
ii. E-Auction shall be for a period as mentioned in the tender
document for all the items / Lots in this e-auction. If a bidder places a bid in the last 10 minutes of closing of the e-Auction and if that bid gets accepted, then the duration for that particular Lot shall get extended automatically for another 10 minutes, from the time that bid comes in. Please note that the auto-extension will take place only if a bid comes in those last 10 minutes and if that bid gets accepted. If the bid does not get accepted, the auto-extension will not take place even if that bid might have come in the last 10 minutes. In case, there is no bid in the last 10 minutes of closing of any particular Lot, the time shall get closed automatically without any extension for that particular Lot. However, bidders are advised not to wait till the last minute or last few seconds to enter their bid during the auto-extension period to avoid complications related with internet connectivity, network problems, system crash down, power failure, etc.
iii. Auto Bidding: Auto Bidding feature is a feature to safe guard the
bidder’s interest of any Internet failure or to avoid last minute rush. This feature allows Bidders to place an automated bid against other Bidders in an auction for each Lot and bid without having to enter a new amount each time a competing Bidder submits a new offer for any particular Lot.
The bid amount that a Bidder enters is the maximum at that point of time that the Bidder is willing to offer for a particular Lot. Here the software bids on behalf of the supplier.
The auto-bid amount is the maximum amount that the Bidder is willing to offer. During the course of bidding, the Bidder cannot delete or change the amount of an Auto Bid.
Bids are submitted in increments (increasing bid amounts). The application automates auto bidding by processing auto bids automatically, according to the increment that BPCL originally established when creating the auction, submitting offers to the next bid increment each time a competing Bidder bids, regardless if competing bids are submitted as auto or manual bids.
22
This feature can be used only once for a particular Lot during a particular e-Auction and only after the H1 rate is equal to or higher than the maximum bid amount that the bidder has put in the system OR when the auto-bidder is not the highest (H1) bidder, will he get the option to further manually bid for the same.
7. Successful bidder shall be required to submit the final prices, quoted during the
e-Auction in the Format provided to you after the completion of Auction to ETL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of auction immediately after the completion of the e-Auction.
8. Your bid will be taken as an offer to collect the items mentioned in that particular
Lot. Bids once made by you, cannot be cancelled / withdrawn and you shall be bound to collect the item as mentioned above at your final bid price. Should you back out and not agree as per the final rates quoted, BPCL shall take action as appropriate, including forfeiture of EMD.
9. After the receipt of the EMD and other required documents, the bidder shall be
assigned a Unique User Name & Password by e-Procurement Technologies Limited. The bidders are advised to change the Password and edit the information in the Registration Page after the receipt of initial Password from e-Procurement Technologies Limited to ensure confidentiality. All bids made from the Login ID given to them will be deemed to have been made by their company.
10. The bidders will be able to view the following on their screen along with the
necessary fields in the e-Auction: a. Highest Bid (H1 unit Rate) in the Auction for the Lots for which they are
qualified to bid b. Bid Placed by them (Unit Rate) c. Their Own Rank (H1, H2, H3…. etc. where H1 would be the highest bidder,
H2 would be the second highest bidder and so on….) d. Opening unit Price & Bid Increment value for each Lot.
11. At the end of the e-Auction, BPCL will decide upon the winner. BPCL’s decision on award of Contract shall be final and binding on all the Bidders.
12. BPCL shall be at liberty to cancel the e-auction process at any time, before
disposing, without assigning any reason. 13. BPCL / ETL shall not have any liability to bidders for any interruption or delay in
access to the site irrespective of the cause. 14. Other Terms & Conditions:
- The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other bidders.
23
- The Bidder shall not divulge either his Bids or any other exclusive details of BPCL to any other party.
- BPCL’s decision on award of Contract shall be final and binding on all the
Bidders. - BPCL along with ETL can decide to extend, reschedule or cancel any
Auction. Any changes made by BPCL and / or ETL, after the first posting will have to be accepted if the Bidder continues to access the site after that time.
- ETL shall not have any liability to Bidders for any interruption or delay in
access to the site irrespective of the cause. - ETL is not responsible for any damages, including damages that result
from, but are not limited to negligence.
- ETL will not be held responsible for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.
15. ONLINE BID FORM General description of details available online during bidding to enable bidders to put their prices online are as below.
Lot No.
Item Description Location Qty Unit Unit Rate in INR
(In Fig.)
Unit Rate in INR
(In Words)
1 As given in Table – A
As given in Table – A
As given in Table –
A
As given in Table –
A
Note:
1. The bidders have to quote in the “Unit Rate in INR (In Fig.)” column only during the e-auction.
2. The “Unit Rate in INR (In Words)” will be automatically converted by the System.
3. After the bidder submits the bid, confirmation of the price he has quoted for any particular Lot is asked from him twice, after which only the system
24
accepts or rejects his bid based on the Start Price / H1 rate at that point of time / Confirming to the minimum increment value.
25
TABLE – A (Part-1) CATEGORY : OLD JAIPUR DEPOT
BRIEF ITEM DESCRIPTION
(You are requested to visit the place before quoting for the items. Please take prior
appointment from the contact person before visiting the site)
Depot Assets / Revenue Items, such as Engg. Items, Elec. Items, Furniture & Fittings, Equipments,
Machinery, etc.
MS Pipes of 350 mm. dia. 6 mm. thk. & 20‘ length (approx) with Fittings, etc.
Compound Wall / Fencing, Office Block, Security Cabin, Transformer Room, 245 KL Tank, etc.
For detailed description you are requested to visit the site and get the confirmation from the
location incharge about the availability of items.
TABLE - A [ PART–1 ]
AUCTION LOT DETAILS
LOT
NO.
ITEM DESCRIPTION CONTACT PERSON &
PHONE NO.
Qty. UNIT EMD(Rs.) STARTING
PRICE(Rs.)
INCREMENTA
L VALUE(Rs.)
Auction
Start time
(hrs.)
Auction
End
time(hrs.)
1 ITEMS AT JAIPUR OLD
DEPOT
Sanjiv Gupta , Sr. Manager
Contruction Group, Jaipur.
Phone:0141-2740350,
Mobile: 9414056656
1 LOT 250000
2663200
17000
1300 1400 SPECIAL NOTES :
26
1. The above old depot ITEMS would be disposed as one lot
2. Pl. refer Annexure–D for detailed scope of disposal.
TABLE – A [ PART–2 ]
ITEM VAT/CST [ With/without ‗C‘ Form STATE / %
JAIPUR DEPOT Ferrous:
VAT
CST With Form C
CST Without Form C
Non ferrous:
VAT
CST With Form C
CST Without Form C
5%
2%
5%
5%
2%
5%
27
ANNEXURE-D
Scope and SPECIAL CONDITIONS for Disposal of Depot Assets :
BPCL has POL Depots in RAJASTHAN, which is referred as old depot wherein following
facilities in general as mentioned in table below are under disposal against this subject tender.
1. The general indicative list of old items for disposal at JAIPUR Depot is attached :
The list is only indicative and not limited /exhaustive or actual and it is only for your general
reference/guidance. Parties have to physically visit the depot and inspect the lot meant for sale
and make their own estimates and ascertain the condition of materials, its quality, it weight,
quantities, make, model, numbers, size, capacities , specifications and condition etc. Therefore,
no claim shall be entertained in case of any variations if reported at the time of upliftment which
may kindly be noted.
However, there may be few items as given below left in the depot not meant for disposal and the
same are separately marked or shown at the time of inspection and parties should consider
accordingly.
The following items are not covered in the subject disposal and they are excluded from
contractor‘s scope of work.
a) Land.
b) Grown up Big Trees. However small bushes / shrubs etc are to be
removed and area to be cleaned from all vegetation etc.
c) Pipelines running under Railway Tracks
d) Any petroleum products such as petrol,/diesel/kerosene/lubricants/greases /gear oils etc
found in tanks/pipes/barrels/loose/bulk/packages etc either inside or outside depot
premises. Petroleum products /sludge are not covered in sale and to be handed over to
BPCL if any found/salvaged.
e) Dispensing pumps, retail outlet items like trays etc. which are clearly marked & kept
separately.
Please note that as BPCL has to handover land to Govt. Authorities for their construction of sheds
etc., urgently and therefore the sequence of disposal in Phases and Time Lines shall be as under.
Contractor has to immediately complete the disposal of facilities falling under area from
boundary wall.
The contractor‘s obligations for completion of entire job will be as per tender terms & conditions.
At the time of dismantling of facilities, the contractor has to provide separate temporary fencing
at his cost so that even after handing over part land to Govt. Authorities for their construction
activities, other facilities are demarcated, and any encroachment from unauthorized authority /
people are avoided. The contractor has to make their own
arrangements for safety and security during the entire operations of disposal activities.
28
The entire job must be completed as above, but not exceeding 16 weeks from the date of
authority letter as shown above, failing which appropriate action as deemed fit will be taken
in line with the general terms and conditions of the auction tender.
The successful bidder has to surface & level the complete area after shifting all the materials. All
debris are to be removed from site. For leveling the ground to one level and filling up all trenches
of under ground tanks or any low level or trenches, all debris, earth, rubble, bricks, mortar etc.
salvaged from dismantling are to be used. The bidder has to arrange and bear the cost of
dismantling, loading, unloading & transportation of materials to his / their place. After excavating
/ removing the underground tanks, pipelines etc. the same are to be filled up with available
material or material brought from outside if required at contractor‘s cost and risk in particular for
filling up of under ground tank trenches etc.
Dismantling of Underground pipelines in the Railway siding area from decantation header /
manifold sections and up to BPCL depot compound wall needs Railways permission for
dismantling / excavation etc which are to be obtained by the Purchaser only.
However, BPCL may provide any assistance if required to the Purchaser in obtaining such
permissions. After excavation, etc. the area is to be filled back and brought to original condition
to the satisfaction of the BPCL and as directed. All safety precautions as stipulated by BPCL are
to be followed at the time of disposal of facilities both inside and outside BPCL depot premises /
compound wall. Any damage to the Corporation‘s or Third Party‘s properties during removal of
the items will have to be made good by the successful tenderer at their own cost. The Corporation
reserves the right to claim from the contractor any expenses which might have been incurred by it
over and above the EMD by way of restoring damages caused to properties belonging to the
Corporation / Third Parties by the action of such contractor‘s or their men.
Party has to make his own arrangement for power connections to cut the tanks or lighting or any
other purpose. BPCL shall not provide any power connection.
The depot disposal as per scope mentioned shall be sold in one lot only for each depot on
“As is where is basis”.
However, since there are both Ferrous and Non–Ferrous material for which VAT rates
varies, the lump sum rate quoted by you shall be proportionately broken as under in case of
Japur Depot:
90% of the lump sum rate shall be levied @ 4% VAT rate considering the same as Ferrous
scrap & 10% of the lump sum rate shall be levied @ 12.5% VAT considering as Non -
Ferrous items.
Decision of BPCL in regard to applicability of VAT as per above break up of lump sum rate
quoted would be final and binding to the successful bidder and bidders can not claim / dispute on
this matter.
No invoice / challan will be issued by BPCL for each truck of materials to be removed since the
entire materials are being disposed on lumpsum single lot basis.
OTHER SPECIAL CONDITIONS FOR DEMOLITION OF DEPOT FACILITIES
29
1. The intending bidder should inspect the site prior to submitting of the offer and make himself
familiar with the site conditions and available facilities.
2. Bidders alongwith the offers must give an undertaking that the steel plates of tanks / pipelines
that have contained leaded gasoline will not be used for edible products / drinking water unless
they are rendered completely safe by suitable means.
3. Demolition is an inherently hazardous process and hence every person involved in demolition
activity must wear protective equipment including helmet, gloves, safety footwear etc. as per
BPCL guidelines.
4. Demolition must be supervised by persons, having thorough knowledge of demolition process.
5. Successful bidder shall carryout a survey to assess the physical characteristics and design of the
facilities to be demolished so as to arrive at a safe demolition method. Based on survey
Demolition Action Plan shall be submitted for BPCL‘s approval, before starting any demolition.
The plan should include :
• Sequence of demolition of facilities with time frame.
• Method of demolition of facilities including drawings / sketches if any.
• The proposed treatment for steel plates particularly for tanks which contained
leaded gasoline.
• How the party will further utilize the steel plates obtained from product tanks and also the
product pipes.
• Method of disposal of debris.
• Manpower to be deployed.
• Machinery, Equipment to be deployed.
• List of PPE [ Personal Protective Equipments ] required and that would be worn by people
involved in the activity.
6. Before demolition begins, all utility services to the structure like electricity / water etc. must be
disconnected. Arrangements must be made to keep the unwanted persons as far away as possible
from the site by necessary barricade.
7. It is dangerous to leave isolated parts of a wall / structures standing as they are liable to
collapse from the effect of high winds / self weight etc. and hence necessary cordoning should be
made for such cases.
8. Debris should not be allowed to build up against walls or floors with the consequent risk of the
structure being unintentionally overloaded.
9. Disposal process for debris and pit / yard for the same should be identified for safe disposal
within the stipulated time.
10. Order dismantling :
From safety consideration following order for dismantling of the depot facility is recommended :
• All equipment / fittings
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• A/G Product piping and allied fittings
• A/G Product tanks
• U/G Product tanks
• Fire protection facilities i.e. fire water tanks, hydrant mains, monitors, etc.
• Internal electrification
• Structures
• Buildings
• Electrical – external yard lighting, cabling MCC etc.
• Communication.
The above is a standard sequence for dismantling, but for this particular tender above sequence is
superseded by earlier conditions of dismantling in 3 phases as mentioned in special conditions
above.
11.1. Demolition of Above Ground (AG) Tanks :
There are fatal and serious accidents caused by persons entering confined spaces without the
necessary tests being carried out and correct safety / rescue equipment being provided. It is
therefore absolutely essential to ensure that product tanks are tested and certified gas free prior to
starting of hot work.
Following sequence shall be followed for dismantling of A/G tanks.
a) Mechanical isolation of Tank by removing all pipe connections, fittings like Level Gauges,
Dip hatch, PV Valves, Inter-tank catwalk (if any).
b) Internal treatment and further dismantling.
AG tanks shall be demolished preferably by reverse jacking method.
For safe working, necessary scaffolds / platforms etc. shall be erected and proper access to them
shall be provided. The steel plates cut from tank shall be lowered using safe hoisting devices
having valid test certificates.
Prevention of further use of steel plates which contained leaded gasoline for storage of edible
products / drinking water, unless they are removed.
While disposing of the steel plates obtained from product tanks, which contained leaded gasoline,
it shall be ensured that they are not further used for storing edible product and drinking water,
unless they are rendered completely safe. This could be ensured by the following methods.
* By heat treatment of steel plates using flame cleaner.
* By removing all scales etc. by abrasive blast cleaning using grits / shots.
If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to
prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and
not reused for other operations. It should be disposed off along with the residue thus obtained as
per practice followed for leaded sludge.
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All parties involved in handling the plates should be made aware of their origin and risks
involved in view of leaded gasoline.
Disposal of steel plates from tanks, which didn‘t contain leaded gasoline
Steel plates of other tanks, in which leaded products have never been stored, can be disposed off
after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The
responsibility of ensuring that the plates are completely safe for further use lies with the
successful vendor.
11.2 Demolition of UG tanks
Following sequence should be sued for the disposal of Underground tanks :
1. Mechanical isolation of Tank by removing all pipe connections, fittings like Level
Gauges, Dip hatch, PV Valves etc.
2. All personnel involved in the removal and disposal of underground tanks should be aware
of the potential hazards associated with—
(a) flammable and/or combustible liquids;
(b) product toxicity;
(c) entry into confined spaces; and
(d) entry into excavations.
3. Before start of any work on the UG tank, ensure that the copies of the tank cleaning
certificates for the tanks are available. The same to be certified by the BPCL officer (or)
authorized inspector from BPCL who is witnessing the demolition before the start of the
work.
4. Open the manhole covers with the anchoring supports in place and if the tank is found to
be filled with water, it will be necessary to dispose of the water in an environmentally
safe manner.
5. After removal of the water from the tank, refill the tank with fresh potable water until the
tank starts to overflow. Do not allow excess water to escape into the excavation and
ensure the level does not rise into the vent pipe and submit the tank to excess static
pressure.
6. Withdraw water until the level is again down to 150 mm below the top of the tank.
Use only pumping equipment suitable for the purpose and collect all water for proper
Disposal.
7. Allow the tank to settle for 2-3 hours and test the small vapor space with a gas detector
and if the reading is below 5% of the LEL, then the tank may be emptied. If the same is
found above 5%, remove the water from the tank . The disposal vendor may inform
BPCL about the higher LEL readings and BPCL shall arrange to clean the tank further.
No work shall be taken up on the tank in this case .Please note that the reading of the gas
detector has to be witnessed by the BPCL officer (or) authorized inspector from BPCL.
8. If the reading of the gas detector is below 5%, the water may be removed and the cutting
operations may be carried out.
For safe working, necessary shoring /shuttering /platforms shall be done and proper access shall
be provided. The steel plates cut from tank shall be lifted using safe hoisting devices having valid
test certificates.
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Prevention of further use of steel plates which contained leaded gasoline for storage of edible
products / drinking water, unless they are removed.
While disposing of the steel plates obtained from product tanks, which contained leaded gasoline,
it shall be ensured that they are not further used for storing edible product and drinking water,
unless they are rendered completely safe. This could be ensured by the following methods.
* By heat treatment of steel plates using flame cleaner.
* By removing all scales etc. by abrasive blast cleaning using grits / shots.
If the plates are grit / shot blasted, care shall be taken to collect the grit or shot from operation to
prevent spread of lead bearing dust. The used grits / shots must be treated as contaminated and
not reused for other operations. It should be disposed off along with the residue thus obtained as
per practice followed for leaded sludge.
All parties involved in handling the plates should be made aware of their origin and risks
involved in view of leaded gasoline.
Disposal of steel plates from tanks, which didn‘t contain leaded gasoline
Steel plates of other tanks, in which leaded products have never been stored, can be disposed off
after cleaning with wire brush to bare metal particularly the first strake and bottom plates. The
responsibility of ensuring that the plates are completely safe for further use lies with the
successful vendor.
12. Product Pipelines :
The pipelines can be disposed off after cleaning by sufficient water flushing. The successful
vendor shall ensure that these pipes are not re-used for carrying edible products / drinking water
unless they are rendered completely safe. All parties involved in handling the pipes should be
made aware of their origin and risks involved.
13. General Safety regulations / precautions while carrying out dismantling works.
The objective of this documents is to provide and establish safe-working practices at the work site
of Bharat Petroleum Corporation Ltd. These summarized safety requirements are mandatory and
should be fully understood both by the successful vendor and their employees. The contractual
obligation for safety lies completely with the contractor himself. Further some additional safety requirements also can come up. In such an even, the successful vendor shall follow the more
stringent regulation at all times.
The successful vendor shall at his own expense arrange and comply with all safety provisions as
stipulated by the Company / Bueuro of Indian Standards / the Electricity act / Factory act / OISD
and other acts as applicable, in respect of all personnel, directly or indirectly employed for the
work. The successful vendor shall ensure that he, his sub-contractor and workers employed by
him shall comply with all fire / safety / heath regulations issued from time to time by the
company.
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The successful vendor shall also be liable for any pecuniary liability arising on account of any
violation by him of the safety requirements. Should any injury to people or loss or damage due to
fire / or accident to any property or a portion thereof occur as a result of failure to comply with
such regulations, the successful
vendor shall be held responsible for the consequences thereof and shall keep the company
harmless and indemnified.
Relevant Indian standard codes on safety :
1) IS:3764-1922-Excavation work-code of safety
2) IS:401 (Part1&2) – 1967 - Safety regulations for steel tubular scaffolding
3) IS:3696(Part 1)-1987-Safety code for scaffolds
4) IS:3696(Part 2)-1987-Safety code for Ladders
5) IS:7293-1974-Safety code for working with construction machinery
6) IS:3016-1982-Code of practice for fire precautions in welding and cutting
operations
7) IS:4130-1991-Demolition of buildings-Code of safety
8) IS:5216(Part 1&2)-1982-Recommendation on safety procedures and
practices in Electrical work.
9) IS:10667-1983-Guide for selection of industrial safety equipments for protection foot and leg.
10) IS:6994(Part 1)-1973-Specification for safety gloves:Part 1-Leather and cotton gloves.
11) IS:2925-1984-Specification for Industrial safety helmets
12) IS:3521-1983-Industrial safety belts and harnesses
Working at Height :
Working at height is one of the most hazardous construction operations. Utmost care is to be
taken while working at height.
* Working at height more than 2 Mtrs. Shall be done with suitable guard rails and toe board.
Guard rail and toe board dimensions shall be same as given for scaffoldings.
* While working at height 2 Mtrs. And above safety harness must be used. All openings must be
boldly & clearly marked and properly barricaded. If cover is used it must be capable to bear the
weight.
* Proper crawling ladders must be used for sloping roof where tile battens are not strong enough
to take the load.
* For fragile roof crawling boards or roof ladder shall be used.
* Openings / cut outs on floor / roof must be guarded with barricade / cover having capacity to
withstand human load and clearly marked with colour and notice board.
Using Ladder :
* Only one person shall climb or descent from one ladder at a time.
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* It shall be secured at top and bottom and in addition one person should be present at the ground
to hold the ladder as a second check.
* If the ladder is used for carrying material as well, suitable foot holds and handholds shall be
provided on the ladder.
* The slope of the ladder shall not be too steep or flat (the ladder shall be given an inclination not
steeper than 1 to 4 i.e. 1 horizontal to 4 vertical) to cause slipping or falling off and it shall rest on
firm surface.
* No portable single ladder shall be over 10 M in lengths, while the width between the side rails
in ring ladder shall in no case be less than 30 cms. for ladder upto and including 3 Mtrs. in length.
* Ladder shall extend at least 1 M above landing place.
* For longer ladders this width should be increased by at least by 6 mm for each additional 30
cms. of length. Uniform step spacing shall not exceed 15 cms. Rung of the ladder shall not be
used for support or to tie, stiles or side members are meant for this.
* Ladder shall not be hung from its rungs or from one stile as this tends to pull out the rungs.
* Make sure that footwear is free from mud or grease etc. before climbing a ladder.
* Ladder used shall be of standard material like wooden / steel and be
sufficiently strong conforming to IS:3696-1991(Part 2). Scaffolding :
Scaffolding can be defined as a temporary structure supporting one or more platforms and which
is used either as a workplace or for storage of materials in the course construction work, including
both for maintenance and demolition.
* Scaffolding shall be provided for all works that cannot be safely done from the ground except
such short period of work, as can be done safely from ladders.
* Scaffolds shall be erected, altered or dismantled only by competent
persons under proper supervision.
* After erection, scaffolds shall be inspected at least once in a week and a written report on each
inspection is kept.
* The height above which scaffolding is mandatory is 2 Mtrs.
* Scaffolding shall be of good quality Bamboo or steel tubular structure conforming to IS:
4014(Part I and II).
* Scaffolds shall be designed for their maximum load and with a safety factor of at least 4 or as
prescribed by the site-in-charge.
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* Scaffolds shall be provided with safe means of access, such as stairs, ladders or ramps.
* Scaffold shall be tied or anchored to the building or structure at suitable intervals so as to
prevent movement.
* Joints in the scaffolds shall be tied up and clamped properly to avoid any slippage.
* The upright members of the scaffolding shall be placed on firm and level ground and base
plates at their feet shall rest on timber sole boards. All the uprights shall be kept equidistant and
shall be connected and strengthened by ladders fixed on the inside of the uprights, for strength,
joints in ladders shall be staggered. Transforms shall be set on top of ladders and at right angles to
them and building structure. Bracing is essential to stiffen the scaffolds and prevent sideways
movement and it should run diagonally from ladder to ladder or upright to upright.
* Working platforms and gangways should rest squarely and evenly on
transforms to prevent risk of trippling. Recommended width of it are :
a) Not less than 60 cm if used as footing only.
b) Not less than 80 cm if used also for stacking of materials
c) Not less than 1.1 Mtrs. If used for the support of a trestle platform.
* The provision of security guard rails and toe board at every point at which full height is more
than 2 Mtrs. Shall be made. Guard rail height should be between 90cm and 115 cm and toe board
should raise 15 cm above the working platform.
* Suitable protection shall be made by providing debris netting against falling of materials.
* Mobile tower scaffold – wheels should be locked when in use.
* Static tower scaffold should not exceed 12 Mtrs. In height when free
standing and above this height should tied
* Height to base width ratio for static tower should not more than 4:1, 3.5:1 and 3:1 for indoor,
outdoor and mobile tower respectively.
*Safety harness should be used while working at height more than 2 Mtrs.
* Scaffolding shall be physically checked for load carrying capacity
occasionally.
* Following BIS safety codes shall be referred for further safety precautions
a) IS:3696-1987 PART I-Safety of scaffolding
b) IS:3696-1991 PART II-Safety code for ladder
c) IS:4014-PART 2-Code of practive for steel tubular scaffolding –
safety regulations.
Working Platform :
36
Wherever possible, all works to be done at a height greater than 2 Mtrs. Above ground level must
be performed from properly constructed and maintained working platform. Safe means of access
shall be provided to all working platforms. Working platforms, gangways and stairways shall be
so constructed that they shall not sag unduly or unequally. Every opening in a working platform
shall be provided with suitable beams to prevent the fall of persons or materials.
The working platform shall be :
- Closely boarded
- At least 60 cm wide if used only as a footing only, at least 80 cm wide if used also for stacking
material, and at least 1.1 Mtrs. If used for the support of a trestle platform.
- Provided with tow-boards of minimum 0.15 Mtrs. in height.
- Provided with hand rails not greater than 0.85 Mtrs. above toe-board.
- Constructed as close to the structure or building as possible.
Working on roof :
People working on roof shall be properly protected by providing temporary railing/ hand rails /
safety harness. Workers working underneath shall use helmets. Care shall be taken to prevent
falling of material from top to adjoining area in slat roofs more than 10° safety belt shall be used
and belt end fastened properly to a fixed object. Workmen shall not be allowed to work on
slippery roofs.
Fragile materials such as wired glass, corrugated plastic sheeting and unreinforced insulating
slabs etc. shall be identified and necessary precautions taken while working on them. People
working on fragile roof shall be properly protected by providing two Crawling Bards or Roof
ladders so that one is available to stand on while the other is being moved. Crawling Boards shall
have cross batons atleast 32 mm. thick and not more than 380 mm. apart and shall be secured in
position.
Gas cutting :
Adherence to relevant codes and employment of qualified workers are two basic requirements for
gas cutting process. Hazards such as electricity, heat / flame, flammable gas etc. are present in
this process. Hence following precautions must be followed while carrying these operations.
* All fire precautions as stipulated in IS:3016 (Code of practice for fire precautions in welding
and cutting operations) shall be followed while gas cutting operations) shall be followed while
gas cutting.
* Fire extinguishers, sand buckets, water and gunny bags shall be provided when hot work is in
progress. Gas cylinders used for gas cutting.
* Gas cylinders shall be of approved make
* Gas cylinder valves shall always be checked and shall be closed when not in use.
37
* Be stored in a well-ventilated area.
* Be fitted with safety caps when not in use
* Not be lifted by nozzle and rolled.
* All gas and oxygen regulators shall be fitted with Flashback arrestors, being non-return valves
designed to prevent and explosive mix developing in cylinder.
* Checking for leaks shall be by means of soapy liquid applied to each joint and under no
circumstances shall a naked flame be applied to any part of the cylinder.
* When working at a height, do not place cylinders directly beneath the working area, as molten
metal may fall in to the hoses, causing leaks and possibly igniting the gases.
* The welder and any person working in close proximity, in order to prevent permanent damage
to the eyes must wear suitable eye protection when not in use, electricity to the holder and
electrode shall turned off.
* Hose shall be in good condition, properly clamped as per specifications Welding cable shall
have proper insulation with minimum number of joints.
* All equipments shall be properly earthed, and cables properly insulated and connected.
* LPG Cylinders, if used, should be stored / kept in a well-ventilated placed and there should be
no excavations, drains or basements nearby.
* LPG Cylinders should never be stored below ground level or closer than 3 M to cylinder
containing oxygen or materials which are toxic and corrosive.
* Cylinders full or empty should never to stored upright with the valve uppermost.
* The valve of empty LPG cylinders should be kept closed, if they are left open, air will diffuse
into the cylinder and may form an explosive mixture.
* BIS Code IS:3016-1982 on ―code of practice for fire precautions in welding and cutting
operations‖ shall be referred for further safety measures.
Electrical work :
Some of the basic safety steps to be ensured are given below.
1) Only authorised person shall carry out dismantling of electrical system.
2) Isolation of the electrical system before taking up the work must be ensured.
3) Before working on an electrical line fuse should be physically removed and the line is isolated
and a suitable locking mechanism must be provided to prevent accidental switching / fixing fuses
by other persons. A notice board displaying ―Men at work‖ message should be placed. The
section of circuit under repair should be connected to earth.
38
4) IS: 5216-1982 ―Recommendations on safety procedures and practices in Electric Works‖ shall be
referred for further safety measures.
Working with machineries / Material handling equipments :
Many accidents take place while handling materials at site. It is highly hazardous operation.
Hence special attention by contractor is required in this respect. Following precautions are
recommended.
* Safe working space for all these equipments must be provided. Proper material stockyard
should be made and all material should be staked / arranged / kept in orderly manner with proper
moving space for handling machinery.
* Proper warning boards / signs shall be provided when machineries like cranes hoists are being
operated.
* Brakes, clutches of winches shall be checked on regular basis. Chains, ropes belts shall be
inspected and repaired / changed as necessary.
* All moving part of the material handling equipment must be provided with suitable guards.
* Lifting ropes should be inspected for kinking, loose wires, high strands, corrosion, nicking,
lubrication, change in diameter / cross section.
* Slings and other lifting materials which are not suitable for use should be promptly withdrawn
and destroyed.
* Lifting chains should be inspected for bent links, cracks in weld areas or any other section of
link, trasverse nicks and gauges and corrosion pits.
* Elongation of the lifting chain link due to over loading should be inspected before using it.
* For lifting hook, if the throat opening exceeds 15% of the normal opening, it should be
replaced. When inspecting the hook, measurement must be made between the shank and
narrowest point of the hook opening.
* A chain used for lifting should not be spliced by inserting a bolt between two links.
* Strain should not be put on a kinked chain.
* Hammer should not be used to force a hook over a chain link.
* A safety hook fitted with a latch to prevent displacement of loads should only be used for
material handling / lifting.
* IS:7293-1974 (Code of Practice for Working with Construction Machinery) shall be referred for
further safety measures.
Cranes :
39
* All works involving the use of crane shall be properly planned in advance and the following
shall be ensured.
* The crane is capable of lifting the load. Safe load capacity should be clearly marked on jibs,
winches, pulleys, slings and ropes. All job cranes should have an automatic safe load indicator
which alerts the operator.
* The condition of the ground at the crane location is satisfactory to support the crane and the
load.
* The rotation of the cab and, therefore the boom is not restricted-suitable matting or plates are
available to protect underground services and paving.
* All slings shackles, hooks etc. are of correct rating and in good condition.
* Cranes and lifting equipments must be inspected and carry a valid test certificate issued by an
accredited testing agency.
* Crane hooks etc. are to be fitted with properly functioning safety clips to prevent displacement
of the sling from the hook during the lift.
* Driver of the crane must be watchful and must ensure before driving the vehicle either forward
or reverse that no one is near the wheel of the vehicle and no one is trying to climb the vehicle
while moving.
* Crane operators and signalers must be over the age of 18 trained and sufficiently experienced.
There should always to a signalman or a signaling system such as a telephone, if the crane
operator cannot see the load throughout the lift. Hand signal shall be clear and distinct and shall
follow recognised code or system. Workers must be use safety shoe and helmet. They are also
required to wear gloves and other PPE for handling of some special materials.
* Raising, lowering and braking of jib should not be done abruptly in order to prevent it from
snapping.
* All vehicles used by the contractor shall be in worthy conditions and in conformance to the land
transport requirements. Cranes should be tested and examined by a competent person for its wear
and tear.
* No part of the crane or crane load should be closer than 4 Mtrs. to live overhead.
* For movement of crane or other material handling equipment ramp gradient should not exceed
1 in 10.
* No person should be allowed to stand or work under lifted load.
* All drivers shall hold a valid driving license for the class of vehicle to be driven.
Manual Handling :
Assistance should be obtained if the load is too heavy or awkward for manual handing.
40
Clear walkway to the destination and safe stack should be ensured before handing the load
manually. Following procedure should be followed while lifting the load manually.
* Stand close to the load on a firm footing and with feet about 30 am apart.
* Bend the knees and keep your back as straight as you can.
* Take a firm grip on a load.
* Breathe in and throw the shoulders backwards.
* Straighten the legs & continue to keep the back as straight as you can.
* Make sure that your view is not obstructed by the load.
* Keep the load close to the body.
* Lift slowly and smoothly.
* When carrying the load, avoid twisting spine to run, move your feet instead.
* One person should not be allowed to pull more than 63 kg.
* The best weight unit for lifting by a worker is 18 kg. and hence should be fixed as upper limit
of load to be lifted by worker.
* If two or more workers are lifting, one should give instructions to ensure that the team works
together.
• Type of clothing is very important in manual handling of material. Clothing should be such that
it allows easy movement of arms and will not catch in machinery or on a load.
• The successful bidder of the said depot assets will assume full responsibility for demolishing
and dismantling the said facilities and it‘s removal from the corporation‘s land ,whether through
his own employees or through contract labour. It should also be a condition of the tender
documents that consequent upon the sale of the said depot assets, the depot shall cease to be the
corporation‘s ―establishment‖, as that expression is defined in the Building and other construction
workers act‘1996,and if the successful bidder employs 50 or more building workers for the
demolition of the said facilities, he as the ―employer‖ in relation to the said establishment will
ensure full compliance with the said act ,including section 44 & 45 thereof. Upon the cancellation
of the factory license and the slump sale of the assets of the said depot, the storage and
distribution of petroleum products is no longer carried on in the said facilities. The successful
bidder or purchaser of the said depot assets, who demolishes the said facilities with the intention
of selling the various items from the depot as scrap for his own benefit, cannot be regarded as a
―contractor‖ as that expression is defined in the contract labour (regulation & abolition act,1970,
Similarly, the workmen engaged by the successful bidder or purchaser of the said depot assets for
carrying out the work of demolition, cannot be regarded as contract labour under the said act. In
the circumstances, no sooner the property in the assets of the depot facilities is transferred to the
successful bidder or purchaser, the corporation can not be regarded as the ―principle employer‖
41
under the said act, in as much as the Corpn. has ceased to continue the work of the establishment
viz. The storage and distribution of the petroleum products in the concerned depot.
• Under the Environment (protection) Act, 1986 read with Hazardous waste (management &
handling) rules,1989, the ―occupier‖ in relation to the depot facilities is obliged to ensure that all
hazardous waste are properly handled and disposed of without any adverse effects which may
result from such wastes and is also responsible for proper collection, reception, treatment, storage
or disposal of these wastes either himself or through the ―operator of the facility‖. Since the
corporation is governed by the said act and rules and highest bidder / purchaser of the depot
assets is not the occupier generating hazardous, it is incumbent on the corporation to continue its
practice namely handing over the site to the successful bidder, the product including the sludge /
vapour and gas etc is completely removed as per the Company‘s operating procedure. It may also
be appreciated that the highest bidder/purchaser may fail to take any safeguards to protect his
employees or the employees of a contractor engaged by him or the public at large from the toxic
or poisonous effects of the residual sludge / vapour or gas.
ANNEXURE–E : ARBITRATION CLAUSE:
“Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set
off of Owner / Vendor against omission or account of any of the parties hereto arising out of or in
related to this Contract shall be referred to the Sole Arbitration of Director (Marketing) of BPCL
or to some officer of BPCL who may be nominated by the Director (Marketing).
In the event the Arbitrator being unable or refusing to act for any reason whatsoever, the Director
(Marketing) of BPCL shall designate another person to act as an Arbitrator in accordance with the
terms of the said Agreement. The Arbitrator newly appointed shall be entitled to proceed with the
reference from the point at which it was left by his predecessor.
It is known to the parties herein that the Arbitrator appointed hereunder is an employee of the
Corporation and may be Share holder of the Corporation.
The award of the Arbitrator so appointed shall be final, conclusive and binding on all the parties
to the contract and the law applicable to arbitration proceedings will be the Arbitration and
Conciliation Act, 1996 or any other enactment in replacement thereof.
The language of the proceedings will be English and the place of proceedings will be Mumbai
The parties hereby agree that the Courts in the city of Mumbai alone 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 required, in the
concerned Courts in the City of Mumbai alone.‖
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