Larsen & Toubro Ltd, - Bharat Petroleum



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Bharat Petroleum Corporation Ltd.

Materials Department, Southern Regional Office

1, Ranganathan Gardens,

Off 11th Main Road

Anna Nagar, Chennai – 600 040

Tel: (044) 26142018 / 26142019

Online Auction Platform

And Support Services provided by: M/s. e-Procurement Technologies Pvt. Ltd.,

B-705, Wall Street - II, Nr. Gujarat College,

Ellisbridge, Ahmedabad - 380 006, Gujarat, INDIA.

E-mail: sales@

Website:

________________________________________________________________________

ONLINE AUCTION SALE

M/s. e-Procurement Technologies Pvt. Ltd. (ETPL) is an e-commerce service provider to obtain rates online through the portal. The Sale & Purchase are made directly by Seller & Buyers. This is only for the purpose of intimation. M/s. Bharat Petroleum Corporation Ltd is selling scrap items through online auction as per the following schedule.

Schedule of Programme:

|Inspection of Materials |22.09.2009 to 06.10.2009 |

| |Time : 10.00 AM to 3.00 P.M. |

|On-Line Auction Date |DATE OF AUCTION: 07.10.2009 (Wednesday) |

| |For Lot no 1 to 9: From 2:30 pm to 3:30 pm |

| |For Lot no 10 to 24: From 4:00 pm to 5:00 pm |

| | |

|Last Date to receive EMD |06.10.2009 (3:00 pm) |

| | |

| |EMD details – As per Annexure J - enclosed. |

| |The Required EMD amount must be paid by any Nationalized Bank / Scheduled |

|EMD Details |Bank Demand Draft drawn in favour of “Bharat Petroleum Corporation Ltd” |

| |payable at Chennai duly crossed and super scribed “Account Payee only” |

|TENDER NO. | |

| |MMD/SR/09-10/02 |

SPECIAL NOTES:

1. e-Auction Website :

2. Demo Auction to Bidders : 06. 10. 2009

All participants are requested to participate at demo e-Auction to get acquainted with the e-Auction system. All qualifying participants will be given training on demo auction by M/s. e-Procurement Technologies Pvt. Ltd.

3. The Sale will be through Internet Auction only.

4. BPCL reserves the right to extend the closing time of one or all the lots during the auction time as considered appropriate.

5. The starting bid price and minimum increment amount for all the lots will be decided by BPCL and displayed on bid screen during e-auction schedule.

6. BPCL also reserves the right to change the start bid price during the auction time and before close of time as considered appropriate.

7. Once bids are given during the online auction, they cannot be revised downwards which may kindly be noted.

8. The starting bid price announced for each item is not the reserve price and it is not binding upon BPCL to accept the quoted price, if the same does not match with the reserve price.

9. Please note that the offers quoted should be valid for 45 days from the date of e-auction since this time period is required for obtaining various internal approvals. Letter of Acceptance will be issued only after obtaining internal approvals and all efforts will be made to issue LOA within 45 days validity period. Therefore your offer should be firm and valid for 45 days.

If any dispute is raised for any reason whatsoever, by the successful H1 bidder, the validity of his offer will remain firm till the resolution of dispute which may be more than 45 days from the date of e-auction and their EMD shall be held during the period.

10. BPCL reserves the right to seek extension of validity period from the H1 bidder, if required due to exigencies.

11. Parties interested to participate in the auction have to submit within due date and time the required EMD amount for the particular lot/s or NSIC certificate along with the Annexures (A, C, D, E, F, H, I (only for LOT 4 & 5) and J) stamped and signed on all pages, failing which their candidature for the auction may not be considered.

12. The H1 bidders have to confirm their rates within two days from the date of auction in courier / fax in the format given in Annexure-B.

The full offer document can be viewed, downloaded or printed at following website.

•

• bpcltenders.in

Your quote should be only for Basic Price. Taxes will be extra as applicable.

Please visit before bidding.

Contact Details:

|NAME |PLACE |MOBILE |EMAIL |

|Gopi |Chennai |064520331/332/09790719796 |chennai@ |

|Mitul Sharma |Luck now |09415517902 |mitul@ |

|Rajiv Taparia |Kolkata |09830042060 |rajiv@ |

|Ravi Narula |Delhi |09891172377 |delhi.sales@ |

|Nimesh Shah |Mumbai |09820300770 |mumbai@ |

|Piyush Patadia |Ahmedabad |09723822331 |piyush@ |

HEAD OFFICE:

M/s. e-Procurement Technologies Pvt. Ltd. (abcprocure)

B-705, Wall Street-II, Opp. Orient Club,

Nr. Gujarat College, Ellis Bridge,

Ahmedabad – 380 006.

Gujarat, India.

Ph. Nos. : +91 79 – 4001 6860 / 861 / 863 / 864 / 866 / 874 / 875 / 877 / 878 / 880 / 882

Fax No. : +91 79 – 4001 6876 / 6816

Email: support@

Auction Website:

LIST OF ANNEXURES

a) Annexure A – Instruction to the e-auction participants.

b) Annexure B – Confirmation of Bidding.

c) Annexure C – Bidding Procedure and Instructions

d) Annexure D – General Terms and Conditions of Online Auction for Disposal of scrap materials.

e) Annexure E – Specific Terms and Conditions of e-tender

f) Annexure F – Acceptance Form

g) Annexure G – Form 27 C

h) Annexure H – Arbitration Clause.

i) Annexure I -- Special Terms and Conditions for lot no 4 and 5 (To be signed and submitted by the parties interested for lot no 4 and 5 only).

j) Annexure J – Schedule of Material with details of address and EMD payable (TABLE: I) & Starting Bid Price with minimum increment amount for all the lots (TABLE-II).

Annexure A

INSTRUCTIONS TO THE e- AUCTION PARTICIPANTS

1. For bidding at our e-Auction, the intending participants are requested to log on to our website . Prior to the final auction all Tenders / 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 Annexures A, D, E, F, H, I (to be submitted by the interested parties for lot no 4 and 5) and J along with earnest money deposit (EMD) as applicable. Annexure-B to be submitted by the H1 party signed and stamped immediately after the e-auction confirming the lots and H1 bids.

2. Please contact us on 09723822331 at M/s. e-Procurement Technologies Pvt. Ltd, Ahmedabad for any assistance.

3. All those who wish to participate in the e-Auction, should deposit their Earnest Money Deposit (EMD) by DD favoring Bharat Petroleum Corporation Ltd., payable at Chennai along with Annexures, duly signed and stamped, to reach any office of M/s. e-Procurement Technologies Pvt. Ltd (ETPL) before due date and time. Forms received after the due date will be rejected outright and such Bidders will not be allowed to participate in the e-Auction and their DD will be returned to them through Courier at their own risk. Hence, in your own interest, you are requested to complete all the formalities to become Registered Participant in advance and well in time.

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 unit should be registered for the item tendered for e-auction.

c) The monetary limit indicated in NSIC registration certificate should cover the value of item ordered.

d) Registration certificate should be valid as on date of order.

e) Photostat copy of valid NSIC registration certificate duly attested by Notary, should be submitted as support.

Registration with DGS&D will not entitle a Bidder to claim exemption from EMD.

Only parties satisfying all the above points will be considered eligible for EMD exemption and any offer not satisfying any one of the above criteria and seeking EMD exemption shall be summarily rejected.

5. Any party claiming exemption from payment of EMD, shall submit the copy of the currently valid NSIC certificate, duly attested by a notary along with the tender documents. Such parties should submit the certificates to either ETPL offices or BPCL office at Chennai at least two days prior to the auction.

6. On EMD receipt/NSIC Certificate, M/s. e-Procurement Technologies Pvt. Ltd will provide your User ID & Password by email, which is confidential and you have to confirm the receipt by return email, and only then it will be activated. This User ID & Password should not be disclosed to any other person.

The parties, who have paid EMD, should bid only for the lots for which they have submitted the EMD.

NSIC registered parties should specify the lots, clearly in the Annexure-F, for which they are going to bid in the e-auction.

7. Any misuse of your User ID & Password without your knowledge will be at your risk and cost for which BPCL / e-Procurement Tech Pvt Limited is not responsible.

8. To enter the e-auction on bpcl. and get the bidding screen, kindly refer to annexure “C” ON BIDDING PROCEDURE & INSTRUCTIONS.

9. The auto extension feature gives equal opportunity to all bidders to place their bids at the closing minutes of the auction. PLEASE DO NOT WAIT TILL LAST FEW SECONDS, BUT ENTER YOUR BID AT LEAST 1 MINUTE BEFORE CLOSING 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).

10. e-Procurement Technologies Pvt. Ltd / BPCL are not liable for the delay or late receipt of DD, whether sent through courier / post, after the due date.

11. The starting bid price and minimum increment amount for all the lots will be decided by BPCL and displayed on bid screen during e-auction schedule.

12. During the online bidding process, BPCL reserves the right to change the starting 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 that price offered and confirmed by BPCL failing which the EMD / other payments will be forfeited. This condition is applicable to all bidders. BPCL is at liberty to offer and/or sell such material to another party of its choice or even retain it. The EMD paid for an auction or an item may not be adjusted and forfeited against non–compliance with the terms and conditions for another item.

Terms & Conditions for all Participants / Bidders to the Online Auction, organized by M/s. e-Procurement Technologies Pvt. Ltd on behalf of M/s. Bharat Petroleum Corporation Ltd., Chennai.

13. The Auction will be organized only through Online Auction.

14. Sale is on “AS IS WHERE IS BASIS” and “NO COMPLAINT BASIS”. No complaint regarding quality, quantity, or composition of the material will be entertained.

15. Rights of participation will be for people who after inspecting the material, pre qualify themselves by paying the EMD and who have not been previously blacklisted by BPCL. Final decision regarding participation will be with BPCL.

16. The quantity indicated in the list of Scrap Items is only an approximate quantity and the Bidder has nothing to do with Quantities yet to be scrapped that may be available, at site.

17. Your bids must be only for Basic price. Taxes will be extra as applicable.

18. Successful Bidder has to deposit 100% of the value of the materials (including all taxes and duties) for the respective lots by way of Demand Draft drawn in favour of BHARAT PETROLEUM CORPORATION LTD. within 15 days of the issue of Letter of Acceptance.

19. The Bidders cannot retract from their offers, under any circumstances, whatsoever. If done so, the EMD will be forfeited in case of parties who have submitted EMD.

20. If the NSIC registered parties retract from their offer then stern action will be taken against them which may include exclusion of the party from future e-auctions and referring to National Small Scale Industry Board for suitable action, as per BPCL’s discretion.

21. The EMD is payable by DD favouring BHARAT PETROLEUM CORPORATION LTD, payable at Chennai.

22. All EMDs / other payments will not carry any interest.

23. The successful parties have to submit the letter of confirmation in Annexure-B within two days of the e-auction.

24. BPCL 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.

25. Sale confirmation, Sale Order, Invoices, and DC etc. will be released only in the name of the Company that has initially registered and participated in the Auction. There will not be any changes between the registration and completion of transaction.

26. If any Non-Ferrous material is found in any of the Ferrous Lot while effecting delivery, the Buyer shall not lift from the Lots any such pieces containing Non-ferrous material and shall have no claim for the same and can not ask for any compensation on account thereof.

27. The rates offered by the highest bidder will remain firm throughout the contract.

28. The Buyer shall arrange for all tools and tackles, forklifts or hoists or cranes or labours at their own expenses. The buyer should also confirm to have read all the general rules as laid by BPCL with regard to employment of labour for the removal of scrap.

29. While taking delivery of the material, if any damage is done to the premises or other machinery lying nearby, the Company shall recover all such costs required to rectify the damage and reinstate into the original position and stop delivery of the material till all the costs are paid.

30. EMD shall be forfeited once due auctioned rate is accepted by BPCL, and buyer is not ready to lift the entire lot allotted, within the stipulated time period.

31. Material lifting shall be as per the guidelines of BPCL only. Buyer shall have no rights to choose / pick the material out of due total lot.

32. All other terms and conditions as specified from time to time by BPCL and e-Procurement Technologies Pvt Ltd will apply.

Disclaimer

33. E-procurement Technologies Pvt Ltd runs its business on the basis of a robust Web Site. However e-Procurement Technologies Pvt. 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 e-Procurement Technologies Pvt. 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 e-Procurement Technologies Pvt. Ltd directly or indirectly effecting online method of Bidding.

34. e- Procurement Technologies Pvt. 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 Pvt. Ltd. Ltd from any loss, damage, cost and expenses caused by any reason during this transaction. In no event shall e-Procurement Technologies Pvt. Ltd be liable for any loss for the transactions 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 Pvt. 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 Pvt. 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.

SIGNATURE:

NAME:

RUBBER STAMP:

Annexure B

(On your letterhead with company seal and stamp with contact details)

Letter of Confirmation

To be submitted by the bidder by fax/courier within two days after the e-auction

From: Date:

To

1 M/s. e-Procurement Technologies Pvt. Ltd.

B 705, Wall Street-2, Opp-Orient Club,

Nr.Gujarat College,

Ellis Bridge,

Ahmedabad - 380 006.

Ph: +91-79-4001 68 02 – 77/66

Dear Sir,

Ref: Disposal Tender: MMD/SR/09-10/02

Sub: Confirmation of bidding at the e-Auction on behalf of BPCL, Chennai.

We hereby confirm that we have participated in the above e-auction and our highest bid for the lot/s we participated was as under:

| |HIGHEST BID AMOUNT (PER MT) |

|LOT NO. | |

| |In Figures (Rs.) |In Words (Rs.) |

| | | |

| | | |

| | | |

| | | |

| | | |

Our CST No. is --------------------------------

Our TIN No. is -------------------------------------

Our PAN No. is -------------------------------------

Thanking you,

Yours truly,

________________

(SIGNATURE)

Company Stamp & Seal

Annexure C

(On your letterhead with company seal and stamp with contact details)

BIDDING PROCEDURE & INSTRUCTIONS

Date:

From:

To,

2 M/s. e-Procurement Technologies Pvt. Ltd.

B 705, Wall Street-2, Opp-Orient Club,

Nr.Gujarat College,

Ellis Bridge,

Ahmedabad - 380 006.

Ph: +91-79-4001 68 02 – 77/66

Dear Sir,

Sub: Confirmation of bidding procedure at the e-Auction on behalf of BPCL, Chennai.

Steps for Actual Bidding Procedure

Go to

Enter “Login ID “and “Password”.

1. When a bidder logs in for the first time for the particular auction, bidder has to agree to the Terms & Conditions. (Only after accepting the terms & conditions of the company you can bid)

2. After accepting the terms you will be taken to the auction-listing page where you will be able to see all the details about the auctions.

3. 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 Bidding room.

4. Now Start Bidding. You can either Bid Manually OR can use Auto-Bid denoting ‘A’, the computer will bid on your behalf up to that value given by you).

5. In the Manual Bid option, you can give your bid in the blank text box available against each ITEM and submit it every time. A bid confirmation pop up box will appear to confirm the bid to be posted or not. If you confirm, by clicking yes, your bid will be posted. After it accepts, that will appear in “Your bid” column on the right side screen of Bidding Room. 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.

6. Auto Bid facility is provided for bidders intending to place a maximum value for a lot/lots. Auto bid is not a confirmed bid. It is only the maximum ceiling amount set by the bidder to enable the auction engine to place bids on his behalf, whenever he is out bidded, upto the ceiling set by him. Once auto bid is set, the auction engine will consider the ceiling amount for the next possible Bid only, depending on the highest bid prevailing at that point of time and the increment amount prescribed for that particular lot. Bidders may please note that in the event of a manual bid amount matching that of auto bid, the manual bid will prevail and the same will be considered

7. The bid of the highest bidder will also be displayed without the identity.

8. There is an Auto Time Extension at the time of closing time. If a bidder posts his bid in the last 3 minutes of the auction closing time, the auction will be extended automatically for further 3 minutes.

I have understood the above-mentioned steps for Bidding on e-procurement technologies Pvt. Ltd Site and would like to participate in the Demo Online training auction for BPCL and also the online auction on 07.10.2009.

SIGNATURE:

NAME:

RUBBER STAMP:

VALID AND CONFIDENTIAL EMAIL ID: ___________________________________

(Required as secure auto generated login/password will be mailed directly from our servers.)

Annexure D

General Terms & Conditions of Online Auction for Disposal of Scrap Materials

1. All scrap material will be sold on “as is where is condition”. The materials will be available for inspection at the site on production of the tender forms to the Security / Engineering Staff on duty on any working day (between 10:00 pm to 3:00 pm).

2. Participation in the online auction will mean that the bidder has inspected the facilities (Materials) at site and fully satisfied himself regarding the condition, sizes, accuracy numerically dimensionally etc. of the items available for sale.

3. Starting Bid Price and minimum increment amount: The starting bid price for each lot is mentioned in the Annexure-J (TABLE-II); this is the price which will be the minimum price with which bidding in the auction will be started. M/s. BPCL reserves the right to revise the starting bid price for any particular lot if deemed fit during the auction event.

a) The minimum increment amount is also mentioned in the Annexure-J for each lot, during the bidding process the parties may quote at increments equal to or higher than the minimum increment price for that particular lot over and above the earlier bid. The first quote should be more than the Starting bid price by at least minimum incremental value.

b) If the EMD is submitted as applicable and if participation is confirmed by any party, it shall be deemed that the party has agreed to the Starting Bid for each lot as the minimum amount for bidding.

c) Starting bid price is based on the ‘UNIT’ of the lot mentioned in the Annexure-J. The parties are requested to be very sure about the ‘Unit’ in which they have to quote for a lot before starting of the auction. No further claims about any confusion in ‘Unit’ in quoting bids will be entertained by M/s. BPCL. If any such dispute is raised by H1 bidder due to deliberate reasons, the EMD amount submitted by the party for the lot will be forfeited.

d) Also the starting bid price mentioned in the Annexure-J is only the basic price of the lot, all taxes; duties will be extra as applicable.

e) For items where the material is put for disposal on ‘LOT’ basis, in such cases parties should inspect the material at the location before bidding. No claim about the qty or quality of material will be entertained on a later date. The account reconciliation will be made only for items which are on ‘per MT’ basis.

4. BIDDER must specifically confirm that they accept the conditions of tenders by signing the undertaking that “I agree to abide by the terms and conditions of the disposal”. Name and address in block letters along with telephone number if any should be given. Tenders without signature are liable to be rejected outright.

5. The quantities shown are only approximate; the actual quantities available at site only will be delivered to the successful Bidder at the rates quoted by him. No claim shall be entertained for variations in the quantities mentioned in the tender.

6. The cost of removal and transportation of items offered for sale and clearing / leveling the site including removal of debris to the satisfaction of the company’s representative at site will be entirely to the successful bidder’s account. The party shall bear the cost of loading, unloading, packing, carting to the vehicle etc.

7. EMD: An Earnest Money Deposit as mentioned in the “Schedule of Materials” must accompany each tender. The required amount must be paid by any Nationalized Bank / Scheduled Bank Demand Draft drawn in favour of “Bharat Petroleum Corporation Limited” payable at Chennai duly crossed and super scribed “Account Payee only”. Tenders without a Bank Draft as above are liable to be rejected outright. Tenders accompanied by Cheque, as Earnest Money Deposit will not be accepted. No interest is payable for the deposit amount held by BPCL / e-procurement Technologies Pvt. Ltd. The EMD of the highest bidder will be retained by us and will not be adjusted against the sale proceeds. The successful bidder will be advised the outcome of the tender by a “letter of acceptance” and his earnest money will be refunded on completion of the job to the full satisfaction of the company. The EMD of all other parties will be credited to the company account and will be returned within 30 days after the e-auction, by way of fresh local (Chennai) cheque issued by BPCL.

8. Security Deposit: Upon issuance of the Letter of Authority for the uplifting of the material to the successful bidder (H1), the EMD amount will be treated as Security Deposit for the performance of the contract.

9. Refund of EMD: The EMD/Security deposit of the H1 bidder, upon completion of the disposal process in all respects, to the satisfaction of the company, will be refunded by way of local (Chennai) cheque only.

TAX COLLECTION AT SOURCE

10. TAX COLLECTION AT SOURCE: All the parties shall remit TCS @ 1.133% of the gross value, i.e the total value inclusive of basic plus excise duty (if applicable) plus sales tax/VAT.

11. TCS shall not be applicable to manufacturers, who submit declaration in Form 27 C, copy of which is attached.

12. TCS shall not be applicable for any item, for which it is mentioned as not applicable specifically, in the item list.

13. Sales Tax / Surcharge / Contingent deposit for sales tax, if applicable, as per prevailing Central / State Government Acts / Rules will be entirely borne by the party and will be exclusive of the quoted sales price.

PAYMENT OF SALE PROCEEDS

14. The successful bidder will have to pay the total amount in full, exclusive of earnest Money Deposit, in a single installment, within 15 days of the issue of the "Letter of Acceptance", failing which appropriate action as deemed fit including cancellation of order/ forfeiture of EMD, will be taken against the bidder. The required amount must be paid by any Nationalized Bank / Scheduled Bank DD drawn in favour of "Bharat Petroleum Corporation Ltd," payable at Chennai duly crossed "A/C Payee only". No part payment is allowed

LETTER OF AUTHORITY

15. Letter of Authority for uplifting the materials will be issued only after the realization of the DDs submitted towards sale proceeds and the amount cleared, transferred and credited to BPCL’s account which may take 7 working days from the date of receipt of full payment by way of DD.

16. The items offered for sale will be handed over to the successful bidder by our representative at site on production of our "Letter of Authority" which will be issued after the total sale price including sales tax etc. is paid. The items will have to be removed and site cleared of debris etc., as per the schedule of assets laid down in our "Letter of Authority". In the event the work is not completed within the stipulated date, the company reserves the right to take action against the party as deemed fit.

17. The successful bidder or his persons working to remove the items will have to observe all safety regulations in force and will not be allowed to carry lighters, matches inside the premises nor will be allowed to smoke. The Bidders should obtain suitable work permits/safety certificates, for excavation hot work etc. from the authorities at site. The work will be allowed to be carried out during working hours only. The work will be commenced only after obtaining necessary permission from the company's representative. The men employed to carry out the work should observe the rules and regulations pertaining to employees working in the location.

18. Any injuries to workers employed by the successful bidder during removal/transport of the items sold to him and any risks/liabilities (including under Workmen's Compensation Act etc.,) arising out of the same will be the liability of the bidder and not of the company. The successful bidder will keep the company indemnified against all damages/claims arising out of the aforesaid. The successful bidder should also indemnify the company against all liabilities/demurrage claims arising out of non-compliance by the bidder of all statutory requirements currently in force or made applicable subsequently.

19. Any damage to company's or third party's property during removal of the items will have to be made good by the successful bidder at his own cost. The Company reserves the right to claim from the successful bidder any expenses which might have been incurred by it over and above the Earnest Money Deposit by way of restoring damages caused to properties belonging to the company or third party by the action of the successful bidder or his representatives.

20. Successful Bidder should not sell, transfer or assign the unremoved /undismantled materials to any other party until the materials are removed from our premises.

21. Bidders are cautioned/ warned against the use of pipelines/tanks/pumps etc. for carriage of Drinking Water/Edible Oils/other Products, which have contained leaded gasoline at one time or other even after vigorous cleaning/sand blasting.

22. Items once sold cannot be taken back or exchanged except when it is in the Company's interest. Should any successful bidder withdraw his bid either prior to our issue of acceptance letter or afterwards, we will be at liberty to resell the items to any person of our choice at the risk and cost of the original successful bidder. Any shortfall in the price received from such a resale, as compared to the original offer will be recovered from the Earnest Money Deposit of the successful bidder. However, if the sale proceeds are more than the successful bidder's offer, he will not be entitled for any increased proceeds realized by the Company.

23. The Company reserves the right to accept/reject any bid or to split the award of items from the tender to suit their convenience without assigning any reasons whatsoever.

24. REFUND OF MONEY TOWARDS SHORTFALL IN QUANTITY DELIVERED:

In case of shortfall in the actual delivered quantity as against the tendered quantity, the excess amount remitted by the party, will be refunded by way of local (Chennai) cheque, within a reasonable period after receiving a written request from the party, along with the details of the material uplifted and on confirmation from the location.

25. C Form is acceptable as per applicable rules. Any party, quoting with “C” Form, shall submit the same along with their payment for the material.

26. Only the courts in the city of Chennai shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this tender or the contract.

Removal of Materials:

27. It will be successful purchaser’s responsibility to produce the weighbridge certificate for each vehicle and each lot of material duly witnessed and attested by an authorized representative of M/s. BPCL.

28. In order to facilitate the Company to complete the transactions before 4.00 P.M., the goods should be collected before 4 P.M. on any working day with prior appointment with the concerned Department within the stipulated delivery days.

29. Should the original purchaser wish to take delivery of the scrap material through a representative, he must authorize the latter by a letter of authority or continuing authority which shall be presented to the Officer concerned. The Officer concerned may in his entire discretion decline to act on any such authority and it shall be for the purchaser to satisfy the Officer concerned that the authority is genuine. Delivery to such person shall be sole responsibility of the purchaser and no claim shall lie against the Company on any account whatsoever, if delivery is offered to a wrong person.

30. During the course of the removal of the scrap material if any damage is caused to the Company’s premises, installations or instruments, the buyer will be entirely held responsible to make good such losses. Till such period, the damage is repaired or compensated to the Company, no delivery of any lot/s purchased by the said bidder will be allowed.

31. Lots sold on Accumulated / Arranged basis at the auction must be removed by the purchaser before stipulated time.

32. Once the goods / materials are taken out of the factory gate, purchaser will be solely responsible for all sort of claims like shortage, missing parts, damage, incident, accident, loss of material etc.

33. BPCL will raise Letter of Acceptance, Letter of Authority and Invoices in the name of the original purchaser only.

34. Only representative of the purchaser authorized by the Company will be allowed for the loading / handling of the scrap. However if the need arises for additional person, the same may be allowed only at the discretion of the BPCL Management.

Termination of Contract

35. The Company reserves the right to terminate the contract at any time by giving three days notice on the following grounds.

• Unsatisfactory execution or performance of the contract by the Purchaser.

• For improper behavior of the Purchaser or breach of the terms and conditions of the contract.

• 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.

• The Company will in no way be responsible for any accident, damage or injury to the contract’s workman or equipment while on BPCL site premises.

=======================================

Annexure E

SPECIFIC TERMS & CONDITIONS OF e-TENDER

1. In the case of scrap disposal, only one letter of authority/invoice for the entire quantity of the material meant for disposal will be given to the successful bidder.

2. Any party, seeking exemption from payment of EMD, as SSI units, shall comply with all the following conditions to be eligible for exemption:

a) The SSI unit should be registered with National Small Scale Industrial Corporation Ltd.

b) The unit should be registered for the item tendered.

c) The monetary limit indicated in NSIC registration certificate should cover the value of the items tendered.

d) Registration Certificate should be valid as on date.

e) Photostat copy of valid NSIC registration certificate duly attested by a notary should be submitted in support.

f) Only parties satisfying all the above points will be considered eligible for EMD exemption and any offer not satisfying any one of the above criteria and seeking EMD exemption shall be summarily rejected.

3. All taxes including sales tax or other levies entailing on transaction under any provincial, local or central statute in force for the time being or enforced hereafter & having its impact on the transaction will be to bidder’s account and shall be deposited by them along with the cost of materials.

4. The rates of sales tax/ surcharge indicated in the tender documents are the current rates. However, whatever rate of excise duty/sales tax/other levies if any be assessed/ applicable on the date of actual removal/lifting of materials shall be paid by the buyer(s).

5. The buyer(s) will be responsible to comply with provisions of Central & State, Excise/ Sales Tax Act of concerned state and rules framed there under and also by the order or instruction issued on this behalf by the appropriate authority.

6. For interstate transactions, “C” Form is acceptable, if applicable. However, all the parties quoting based on “C” Form will have to specify the same in the tender documents submitted at the time of registration and shall submit the “C” Forms along with the payment for the material, at our Chennai office.

7. In the event of any dispute with regard to sales tax/Excise duty and any additional charges, if any, payable as per rules/Act, such duties/charges shall be payable by the buyers. Any penalty imposed by the Sales Tax/Excise authorities for non-compliance of procedure by the buyers shall be borne by them.

8. Your offer should be valid for 45 days from the date of the e-auction. If any dispute is raised for any reason whatsoever, by the successful H1 bidder, the validity of his offer will remain firm till the resolution of dispute which may be more than 45 days from the date of e-auction and their EMD shall be held during the period.

2

Accepted the above Terms & Conditions:

SIGNATURE & SEAL:

Annexure - F

ACCEPTANCE FORM

Date:

To,

Chief Manager Materials – SR,

Bharat Petroleum Corpn. Ltd.,

1, Ranganathan Gardens,

Off. 11th Main Road, Anna Nagar

Chennai – 600 040.

Dear Sirs,

E-TENDER NO. MMD/SR/09-10/02 DT 07.10.2009

REF: YOUR ADVERTISEMENT IN ______________NEWSPAPER DTD ___________

1. For NSIC registration parties:

We are registered under NSIC and the lots for which we are going to bid in the e-auction are listed below:

|Lot No. |

| |

| |

| |

| |

2. For all other parties:

I/We enclose Demand Draft as per details below, payable at Chennai, in favour of M/s. Bharat Petroleum Corpn. Ltd, towards EMD payable.

|Lot No. |DD No. |Dtd. |Drawn on (Name of Bank) |Amount |

| | | | | |

| | | | | |

| | | | | |

| | | | | |

I/We have signed each sheet of the Tender Form as required and confirm that the Terms

& Conditions for disposal of the above e-Tender are acceptable to me/us.

Thanking you,

Yours faithfully,

(SIGNATURE)

(PARTY’S NAME & ADDRESS WITH PINCODE, OFFICESEAL & TEL.NO.)

Annexure G

FORM NO. 27C

[See rule 37C]

Declaration under sub-section (1A) of section 206C of the

Income-tax Act, 1961 to be made by a buyer for

Obtaining goods without collection of tax

PART I

I/We* _______________________________,*son/daughter/wife of ________________,

resident of ______________ @, do hereby declare—

1. that *my/our present occupation is _________________,

2. that _________________ [nature of the goods referred to in the Table in sub-section (1) of

section 206C] is to be utilised for the purpose of *manufacturing/processing/producing

articles or things and not for trading purposes;

3. that *I am/we are assessed to income-tax by the Assessing Officer

____________________ Circle/Ward and the permanent account number allotted to me is

______________________;

OR

that *I was/we were last assessed to income-tax for the assessment year

____________________ by the Assessing Officer ______________________ Circle/Ward

and the permanent account number allotted to me is _________________;

OR

that *I/we have not been assessed to income-tax at any time in the past but I fall within the

jurisdiction of the Chief Commissioner or Commissioner of Income-tax

___________________;

____________________

**Signature of the declarant

Verification

*I/We ______________________ do hereby declare that to the best of *my/our knowledge and

belief what is stated above is correct, complete and is truly stated.

Verified today, the _________________ day of

Place :______________ __________________

Signature of the declarant

Notes:

1. @Give complete postal address.

2. The declaration should be furnished in duplicate.

3. *Delete whichever is not applicable.

4. **Indicate the capacity in which the declaration is furnished on behalf of a Hindu

undivided family, association of persons, firm etc.

5. Before signing the verification, the declarant should satisfy himself that the information

furnished in the declaration is true, correct and complete in all respects. Any person

making a false statement in the declaration shall be liable to prosecution under section 277

of the Income-tax Act, 1961, and on conviction be punishable—

(i) in a case where tax sought to be evaded exceeds one lakh rupees, with rigorous

imprisonment which shall not be less than six months but which may extend to seven

years and with fine;

(ii) in any other case, with rigorous imprisonment which shall not be less than three

months but which may extend to three years and with fine.

PART II

[For use by the person to whom the declaration is furnished]

1. Name and address of the person responsible for

collecting tax at the time of the sale of the goods

referred to in paragraph 2.

2. Date on which the declaration was furnished by the

declarant.

3. Date of debiting of the amount payable by the buyer

to the account of the buyer or receipt of the amount

payable from the buyer in cash or by issue of a cheque

or draft or by any other mode.

Forwarded to the Chief Commissioner or Commissioner of Income-tax ________________

Place :_________

Date :_________ ______________________

Signature of the person responsible for

collecting tax at the time of the sale of the goods

referred to in paragraph 2.

ANNEXURE - H

ARBITRATION CLAUSE

1. Any dispute or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the Corporation against the Contractor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or of some officer of the Corporation who may be nominated by the director (Marketing).

The Contractor will not be entitled to raise any objection to any such arbitrator on the ground that the Arbitrator is an Officer of the Corporation or that he has dealt with the matters to which the contract relates or that in the course of his duties as Officer of the Corporation he had expressed views on all or any other matters in disputes or differences.

In the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office he shall be entitled to continue the arbitration proceedings notwithstanding his transfer or vacating his office unless the Director (Marketing) at the time of such transfer, vacation of office or any time thereafter designates another person to act as arbitrator in his place in accordance with the terms of the agreement.

In the event of the arbitrator to whom the matter is originally referred, vacating his office or being unable or refusing to act for any reason the Director (Marketing) at the time of vacation of office or inability or refusal to act 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 also a term of this contract that no person other than the Director (Marketing) or a person nominated by such Director (Marketing) of the Corporation as aforesaid shall act as arbitrator hereunder. The award of the arbitrator so appointed shall be final conclusive and binding on all parties to the agreement subject to the provision of the Arbitrator Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

a) The award shall be made in writing and published by the arbitrator within two years after entering upon the reference or within such extended time not exceeding further twelve months as the Sole Arbitrator shall by writing under his own hands appoint. The parties hereto shall be deemed to have irrevocably given their consent to the Arbitrator to make and publish the award within the period referred to herein above and shall not be entitled to raise any objection or protest thereto under any circumstances whatsoever.

b) The arbitrator shall have power to order and direct either of the parties to abide by, observe and perform all such directions as the arbitrator may think fit having regard tot he matters in difference i.e. dispute before him. The arbitrator shall have all summary powers and may take such evidence oral and/or documentary, as the arbitrator in his absolute discretion thinks fit and shall be entitled to exercise all powers under the Arbitration and Conciliation Act 1996 including admission of any affidavit as evidence concerning the matter in difference i.e. dispute before him.

c) The parties against whom the arbitration proceedings have been initiated, that is to say, the Respondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim or set off before the Arbitrator in respect of any matter and issue arising out of or in relation tot he Agreement without seeking a formal reference of arbitration to the Director (Marketing( for such counter-claim, Cross-claim or set off and the Arbitrator shall be entitled to consider and deal with the same as if the matters arising there from has been referred to him originally and deemed to form part of the reference made by the Director (Marketing).

d) The Arbitrator shall be at liberty to appoint, if necessary any accountant or engineer or other technical person to assist him, and to act by the opinion so taken.

e) The Arbitrator shall have power to make one or more awards whether interim or otherwise in respect of the dispute and difference and in particular will be entitled to make separate awards in respect of claim or cross-claims of the parties.

f) The arbitrator shall be entitled to direct any one of the parties to pay the cost of the other party in such manner and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportion to meet the arbitrators expenses whenever called upon to do so.

g) The parties hereby agree that the courts in the city of Chennai alone shall have jurisdiction to entertain any application or other proceedings in respect of anything in respect of anything arising under this agreement and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned courts in the city of Chennai only.

Accepted the above Terms & Conditions:

SIGNATURE & SEAL:

Annexure – I

Special Terms and Conditions for lot no 4 and 5

(Interested Bidders for the lot no 4 and 5 has to sign and submit this Annexure along with other documents failing which they will not be allowed to participate in the auction event for these two lots.)

• Please note that old under ground tanks that are included for disposal in lot no 4 (24 nos of tanks in Ambattur, Chennai) and 5 (9 no of tanks in Irungattukottai in Chennai) were earlier used for storing petroleum products (MS / HSD) and therefore are expected to have lead contamination. Hence the successful bidder has to make sure that the tanks are not be used for any storage purposes including even for temporary storage if any.

• The above said tanks are made up of MS Sheets and are now empty and rusted to wear and tear. Due to heavy rusting, pits and holes are formed on the tank surface. Hence it is unfit for reusing. The rusted steel tanks can be used only as melting scraps making cast iron and it is difficult to cut the tanks by gas cutting, because of inflammable nature of petroleum products. Hence, the above steel tanks are to be cut manually only. The above old steel tanks are also having heavy smut. Hence the tanks should be cleaned inside with sandblasting and cleaned thoroughly before scrapping the tanks.

• The bidders are to visit the sites where the tanks are stored and should quote in the auction only after checking the physical condition of the tanks and with full knowledge thereof.

• The successful bidder shall be assumed to have fully understood the above terms and conditions and will have to ensure safe handling at the time of lifting and also at the time of cutting. Also they should abide by all the statutory obligations of the local laws and by laws for further scrapping of these UG tanks which were originally used for petroleum products.

Accepted the above Terms & Conditions:

SIGNATURE & SEAL:

Annexure: J

TABLE: I

Schedule of Materials

|Lot No |

|1 |

|3 |

|10 |

|15 |

|24 |Crushed and Deshaped DPR |Vijayawda LPG |4.05 |MT |

| | |Plant | | |

| |Item name |Starting Bid Price| | |

|1 |Disposal of Ambassador Car lying at Devangunthi |Rs.21, 000/- for |NO |Rs.200/- |

| |Installation |the car | | |

|2 |Disposal of 1 no Mobile Laboratory, HMV Goods |Rs.1,50,000/- for |NO |Rs.200/- |

| |Vehicle, 1992 Model, Eicher Motors Ltd, Regn: KL |the Mobile | | |

| |7F 1399 lying at Irimpanam Installation. | | | |

|3 |Disposal of 161 MT of MS scrap plates, pipes etc |Rs.11,250/- per MT|MT |Rs.200/- |

| |lying at Irimpanam Installation | | | |

|4 |Disposal of 24 nos Old scrap UG tanks lying at |Rs.2,62,500/- for |LOT |Rs.200/- |

| |Ambattur in Chennai |the full lot | | |

|5 |Disposal of 9 nos Old scrap UG tanks lying at |Rs.1,02,750/- for |LOT |Rs.200/- |

| |Irungattukottai in Chennai |the full lot | | |

|6 |Disposal of Old scrapped Pumps (26 nos dispensing |Rs.1,70,500/- for |LOT |Rs.200/- |

| |pumps) and Tanks (1 no 20 kl, 3 no 15 kl & 5 no 10|the full lot | | |

| |kl) | | | |

|7 |Disposal of old barrels, cans, sintex tank, tank |Rs.1,50,260/- for |LOT |Rs.200/- |

| |lorry tyres and metal scrap |the full lot | | |

|8 |Disposal of 72 MT of MS old pipes and fittings |Rs.10,500/- per MT|MT |Rs.200/- |

|9 |Disposal of Miscellaneous scrap (e.g. Steel & |Rs.4,56,500/- for |LOT |Rs.200/- |

| |plastic Drums, MS pipes, plates, flanges, valves, |the full lot | | |

| |steel tank etc) | | | |

| | | | | |

| | | | | |

|10 to 14 |Disposal of crushed & de-shaped SC valves lying at|Rs.1,60,350/- per |MT |Rs.200/- |

| |various locations |MT | | |

|15 to 23 |Disposal of crushed LPG Cylinders lying at various|Rs.10, 560/- per |MT |Rs.200/- |

| |locations |MT | | |

|24 |Disposal of crushed DPRs at Vijayawada LPG plant |Rs.51, 600/- per |MT |Rs.200/- |

| | |MT | | |

Note:

1) Starting bid price is based on the ‘UNIT’ of the lot as mentioned above. The parties are requested to be very sure about the ‘Unit’ in which they have to quote for a lot before starting of the auction. No further claims about any confusion in ‘Unit’ in quoting bids will be entertained by M/s. BPCL. If any such dispute is raised by H1 bidder due to deliberate reasons, the EMD amount submitted by the party for the lot will be forfeited.

2) Also the starting bid prices as mentioned above is only the basic price of the lot, all taxes; duties will be extra as applicable.

3) For items where the material is put for disposal on ‘LOT’ basis, in such cases parties should inspect the material at the location before bidding. No claim about the qty or quality of material will be entertained on a later date. The account reconciliation will be made only for items which are on ‘per MT’ basis.

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