TENDER FOR PROCUREMENT OF CORROSION …tenders.hpcl.co.in/tenders/tender_prog/TenderFiles/6331/Tender/...page 4 of 132 _____ sign & stamp of bidder chapter –i bid qualification criteria

Tender Number: 12000208-HD-10002 Dated: 19/12/2012.

BID DUE DATE & TIME: 1500 Hrs. IST on January 30, 2013

OPENING OF UN-PRICED BIDS: 1530 Hrs. IST on January 30, 2013

TENDER FOR

PROCUREMENT OF CORROSION INHIBITOR

FOR VARIOUS PIPELINES.

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Sign & Stamp of Bidder

TABLE OF CONTENTS

Chapter

No.

Description

I Bid Qualification Criteria.

II Declaration & PAN Number of Bidder.

III Instructions to Bidders.

IV Technical Specifications & Details of Pipelines.

V Special Terms & Conditions and Special Conditions of

Purchase.

VI General Purchase Conditions for Indigenous Materials.

VII General Purchase Conditions for Foreign Bidders.

VIII Acceptance / Confirmation / Details to be Furnished by

Foreign Bidders.

IX Agreed Terms & Conditions.

X Un-Priced Bid Formats.

XI Price Bid.

XII Proformae / Annexures

A: Bid Security Form

B: Contract Performance Bank Guarantee

C: Letter of Authority for attending Un-priced and Priced bid opening

D: Declaration Form

E:Manufacturer’s Authorisation Form and Back-up Guarantee

F:Bidder’s General Information

G: Annual Turnover Form

H: Integrity Pact

I : Bank Guarantee for Advances

J: Parent Company Guarantee

K: CUT-OUT SLIPS

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NOTE: BIDDERS ARE REQUESTED TO SIGN AND STAMP ALL THE PAGES OF TENDER

DOCUMENT & SEND THE SAME BACK IN THEIR OFFER AS A TOKEN OF

UNCONDITIONAL ACCEPTANCE OF TENDER TERMS.

THE DEVIATIONS, IF ANY, SHOULD BE MENTIONED SEPARATELY ON BIDDER’S LETTER

HEAD IN UNPRICED BID. THE DEVIATIONS MENTIONED ANYWHERE ELSE SHALL NOT

BE CONSIDERED. IN ABSENCE OF DEVIATION SHEET IT WOULD BE CONCLUDED THAT

BIDDER HAS ACCEPTED THE TENDER TERMS WITHOUT ANY DEVIATIONS.

CORRECTIONS IN TENDER DOCUMENT WILL NOT BE ACCEPTED.

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CHAPTER –I

BID QUALIFICATION CRITERIA GLOBAL NOTICE FOR INVITATION FOR BIDS (IFB) FOR CORROSION INHIBITOR (Type–1) FOR CROSS COUNTRY PIPELINES Hindustan Petroleum Corporation Limited (HPCL), invites sealed bids under single stage two bid system from eligible bidders for supply of corrosion Inhibitor (Type-1) for cross country pipeline. Brief Scope of work : Supply of Corrosion Inhibitor (Type -1) to HPCL’s cross country pipelines, viz. Mumbai Pune Solapur Pipeline (MPSPL), Visakh Vijayawada Secunderabad Pipeline (VVSPL), Mundra Delhi Pipeline (MDPL), RamanMandi-Bahadurgarh Pipeline (RBPL), RamanMandi-Bathinda (RBhPL) and Bahadurgarh-Tikrikalan Pipeline (BTPL) as per tender specifications.

BID QUALIFICATION CRITERIA: (A) Bidders shall meet all the Criteria given hereunder in Clauses 1.0 and 2.0 1.0 Financial: Annual Turnover: shall meet the minimum prescribed pre-qualification requirement as

follows:

Average Annual financial turnover, during the last three financial years ending March’ 2012 shall be at least INR 12150000 (USD 222997 ) For the vendors following financial year closing at the end of June or September or December, the last 3 financial years ending with the respective quarter of 2011 will be considered.

2.0 Technical:

Vendor / Supplier should have supplied Corrosion Inhibitor to cross country pipelines during last 7 years ending 30/11/2012. The experience of having successfully completed similar work as stated above should be either of the following: a. Three similar completed works i.e supply of Corrosion Inhibitor, each costing not

less than the amount of INR 16200000 (USD 297330) OR b. Two similar completed works i.e supply of Corrosion Inhibitor, each costing not

less than the amount of INR 20250000 (USD 371662) OR c. One similar completed work i.e supply of Corrosion Inhibitor, costing not less than

the amount of INR 32400000 (USD 594659)

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(B) Information/Documents required along with Application:

1) Title, style and postal address of the firm. 2) Communication particulars including telephone numbers, fax numbers and e- mail

address.

3) Following documents are required to be submitted as proof of meeting pre qualification criteria [Clause no. A (1.0) (Financial)]:

(a) Copies of audited Annual Reports / Balance sheet and Profit & Loss account for the

last three financial year ending June’11 / September ’11 / December’11 / March ’2012, as the case may be.

4) Following documents are required to be submitted as proof of meeting pre

qualification criteria [Clause no. A(2.0) (Technical) ] (a) Copy or original Purchase/work Order /certified bills from client/owner / project

consultants along with their completion certificate/proof of delivery. The Purchase/work Order and completion certificate/ proof of delivery should mention the details of supplies carried out by the applicant so as to enable us to identify whether the applicant meets the technical criteria stipulated above or not.

(b) Any other document certified by the owner/client (for whom the job has been

executed) specifically having mention of the jobs carried out in support of meeting the technical criteria stipulated above.

The Applicant shall be in a position to furnish the original documents towards copies submitted in respect of Clause No. A(1.0) (Financial) & Clause No. A(2.0) (Technical) and when required and asked to produce during the process of evaluation.

C. OTHER INFORMATION

1.0 Parties who are affiliates of one another can decide which Affiliate will make a bid. Only one affiliate may submit a bid. Two or more affiliates are not permitted to make separate bids directly or indirectly. If 2 or more affiliates submit a bid, then any one or all of them are liable for disqualification. However up to 3 affiliates may make a joint bid as a consortium, and in which case the conditions applicable to a consortium shall apply to them. “Affiliate” of a Party shall mean any company or legal entity which: (a) Controls either directly or indirectly a Party, or

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(b) Which is controlled directly or indirectly by a Party; or (c) Is directly or indirectly controlled by a company, legal entity or Partnership which directly or indirectly controls a Party. “Control” means actual control or ownership of at least a 50% voting or other controlling interest that gives the power to direct, or cause the direction of, the management and material business decisions of the controlled entity.

2. Bids may be submitted by:

a) A single person/ entity (called sole bidder); b) A newly formed incorporated joint venture (JV) which has not completed 3 financial

years from the date of commencement of business; c) A consortium (including an unincorporated JV) having a maximum of 3 (three)

members; d) An Indian arm of a foreign company.

3. Fulfillment of Eligibility criteria and certain additional conditions in respect of each of the

above 4 types of bidders are stated below, respectively: a) The sole bidder (including an incorporated JV which has completed 3 financial years

after date of commencement of business) shall fulfil each eligibility criteria. b) In case the bidder is a newly formed and incorporated joint venture and which has not

completed three financial years from the date of commencement of business, then either the said JV shall fulfill each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfil each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this member/promoter shall be clearly identified and he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the member/ promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc.

c) In case the bidder(s) is/are a consortium (including an unincorporated JV), then the

following conditions shall apply: 1) Each member in a consortium may only be a legal entity and not an individual

person;

2) The Bid shall specifically identify and describe each member of the consortium;

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3) the consortium member descriptions shall indicate what type of legal entity the member is and its jurisdiction of incorporation (or of establishment as a legal entity other than as a corporation) and provide evidence by a copy of the articles of incorporation (or equivalent documents);

4) One participant member of the consortium shall be identified as the “Prime member” and contracting entity for the consortium;

5) This prime member shall be solely responsible for all aspects of the Bid/ Proposal including the execution of all tasks and performance of all consortium obligations;

6) The prime member shall fulfill each eligibility criteria;

7) a commitment shall be given from each of the consortium members in the form of a letter signed by a duly authorized officer clearly identifying the role of the member in the Bid and the member’s commitment to perform all relevant tasks and obligations in support of the Prime/lead member of the Consortium and a commitment not to withdraw from the consortium;

8) No change shall be permitted in the number, nature or share holding pattern of the Consortium members after pre-qualification, without the prior written permission of the Owner.

9) No change in project plans, timetables or pricing will be permitted as a consequence of any withdrawal or failure to perform by a consortium member;

10) No consortium member shall hold less than 25% stake in a consortium;

11) Entities which are affiliates of one another are allowed to bid either as a sole bidder or as a consortium only;

12) Any person or entity can bid either singly or as a member of only one consortium. d) In case the bidder is an Indian arm (subsidiary, authorized agent, branch office or

affiliate) of a foreign bidder, then the foreign bidder shall have to full fill each eligibility criteria. If such foreign company desires that the contract be entered into with the Indian arm, then a proper back to back continuing (parent company) guarantee shall be provided by the foreign company clearly stating that in case of any failure of any supply or performance of the equipment, machinery, material or plant or completion of the work in all respects and as per the warranties/ guarantees that may have been given, then the foreign company shall assume all obligations under the contract. Towards this purpose, it shall provide such comfort letter/guarantees as may be required by Owner. The guarantees shall cover inter alia the commitment of the foreign company to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the Indian arm or to render the same themselves so as to ensure completion of the contract when awarded, an undertaking not to withdraw from the contract till completion of the work, etc.

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CHAPTER– II

DECLARATION (to be submitted along with unpriced bid)

(M/s. _________________________) hereby declare / clarify that we have not been banned or

delisted by any government or quasi Government agencies or Public Sector Undertakings.

Stamp & Signature of the bidder

NOTE : If a bidder has been banned by any Government or quasi Government agencies or

PSUs, this fact must be clearly stated with details. If this declaration is not given along

with the unpriced bid, the tender will be rejected as non-responsive.

DETAILS OF AUTHORISED CONTACT PERSON OF BIDDER:

NAME

DESIGNATION

E-MAIL

PHONE

FAX

MOBILE

ADDRESS

PAN NO. OF THE BIDDER:

(Applicable for Indian Bidders

only)

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CHAPTER –III

NOTICE FOR GLOBAL INVITATION FOR BIDS & INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

DETAILS OF BID DOCUMENT

Bid Document No : 12000208-HD-10002

Bid Document available : can be downloaded from HPCL‟s website

http://www.hindustanpetroleum.com

Bid Due Date & Time : January 30, 2013 (1500 hours IST)

Opening of Bid Security : January 30, 2013 (1530 hours IST)

& Unpriced bid.

Bid Document Fee : Nil (Non-refundable)

1.0 General

Bidder can be download the Bid Document from HPCL‟s website

http://www.hindustanpetroleum.com. Bidder shall intimate in writing his intent to participate after downloading the document.

Corrigendum(s) and Record Notes of pre-bid discussions, if any, shall also be

available on the referred web sites.

1.1 No extension in the bid due date shall be considered on account of delay in receipt of bid document by mail.

1.2 Accredited representatives of foreign bidders in India are also permitted to obtain the bid document on behalf of foreign bidder on request from foreign

bidders on their letter head.

1.3 Small scale Industries registered with NSIC and Central Government PSUs shall provide necessary documentary evidence, whereas PSUs shall submit

declaration to this effect that they are Central PSU and are eligible for tender participation without paying Bid security fee.

1.4 Bids received after stipulated due date and time, due to any reasons what-so-

ever, including postal delays, will not be considered.

http://www.hindustanpetroleum.com/

http://www.hindustanpetroleum.com/

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1.5 HPCL will follow price / purchase preference policy as per prevailing guidelines

of Government of India.

1.6 In case of any queries regarding the tender, the same may be addressed

to:

S K Ramteke, Sr Manager Procurement - P&P,

2nd Floor, Gresham Assurance Building, Sir P. M. Road, Fort, Mumbai 400001.

Tel. +91 22 22608519.

E-mail i.d.: [email protected]

Fax : 022 – 2264 2352 DGM Purchase P&P Phone: 022 – 2264 2319 Hindustan Petroleum Corporation Ltd.

2.0 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the bid, and OWNER (M/s Hindustan Petroleum Corporation

Limited) will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

3.0 BID DOCUMENT

3.1.1 The bidder is expected to examine all instructions, forms, terms and

specifications in the bid document. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and

accepted by the bidder, unless deviations are specifically stated seriatim by the bidder. Failure to furnish all information required by the bid document or

submission of a bid not substantially responsive to the bid documents in every

respect will be at bidder's risk and may result in the rejection of his bid. 3.1.2 The bidder's scope of supplies as specified in the tender document shall be in

strict compliance with the scope detailed therein and in the bid document

mailto:[email protected]

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4.0 BID SECURITY:

Bid Security (Ernest Money Deposit) shall be as below:

Indian Bidder : INR 8,10,000/-

Foreign Bidder : USD 14,866/-

5.0 TENDER FEE:

NIL

6.0 SEALING, MARKING & SUBMISSION OF BIDS

6.1 Bids shall be submitted separately in THREE PARTS in sealed envelopes

super scribed with the Bid Document number, bid due date and time, item and nature of bid as under:

6.1.1 PART-I (Envelope No. 1): Bid Security:

Bid Security in accordance with Tender terms.

6.1.2 PART-II (Envelope No. 2): Unpriced Bid:

6.1.2.1 Information and documentary evidence establishing bidder‟s claim for

meeting qualification criteria as stipulated in IFB under Chapter- 1. This part / envelop should necessarily contain all the required back-up documents for Bid

Qualification.

6.1.2.2 UNPRICED BID complete with all technical and commercial details, covering letter and unpriced copy of price Schedule with prices substituted

with 'quoted' or 'not quoted' or 'not applicable‟. Deviation sheet duly filled with deviations, if any, shall form part of Unpriced Bid. The following documents

shall be submitted with Unpriced bid alongwith the documents as mentioned above:

(a) Past Experience showing similar supplies.

(b) Signed Tender document duly signed on all the pages, as a token of acceptance of tender terms and conditions.

(c) Duly filled in Formats towards Declaration, Deviation Sheet & Information to be furnished by foreign bidders.

(d) Unpriced Schedule (with Price figures blanked) completed in accordance with the requirements specified in the bid document.

(e) Agreed Terms & Conditions duly filled-in. (f) Any other information/details/documents/data required as per Bid

Document.

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6.1.3 PART-III (Envelope No. 3): Priced Bid

PRICED BID WITH FULL PRICE DETAILS to be submitted in Price Bid. The price

bid shall contain prices only in the prescribed price schedule format, without

any technical and commercial details. Technical specifications or commercial terms given in unpriced schedule will only be evaluated and the same will be

binding on the Bidder.

6.2 The envelopes containing Part-I, Part-II, Part-III of bid shall be enclosed in a larger envelope duly sealed and pasted super scribed with the name & address

of the Bidder and the tender no. & subject.

6.3 Bidder to note that if Bid Security (in the Proforma attached with these documents) in original is not found in envelope no.1 or 2; the offer of the

bidder(s) will be REJECTED during bid opening.

6.4 Bidder to note that prices are to be quoted in the Format provided in the price schedule formats provided in Tender document. Price bids submitted in any

other format and conditional price bids are liable to be rejected.

6.5 If the outer envelope is not sealed and not marked as required, the HPCL will

assume no responsibility for the Bid's misplacement or premature opening.

6.6 Bidders in their own interest shall ensure that they send their bid complete in all respects well in time to reach the specified office of HPCL within the

specified bid due date and time. No relaxation shall be given for delay due to any unforeseen event in submission of bid.

6.7 In case of Indian Bidders, Central Public Sector Enterprises and Firms

registered with NSIC are exempted from submission of Bid Security. Central Public Sector Enterprises are requested to give a self-declaration on their

letter head to this effect, which should be submitted in a sealed envelope marked as Bid Security as mentioned in clause no. 6.1.1 above.

6.8 In case of Indian Bidders, Bidders registered with NSIC are also requested to submit self-declaration on their letter head to this effect along with a copy of

their Valid Registration certificate, specifying limit of volume and other details which should be submitted in a separate sealed envelope no. 1 marked as Bid

security as mentioned in clause no. 6.1.1 above.

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6.9 Tender document complete in all respects must be submitted in the tender box provided at the below mentioned address before date & time:

Deputy General Manager- Purchase-P&P

Hindustan Petroleum Corporation Limited, 2nd floor, Gresham Assurance Building, Sir P. M. Road, Fort, Mumbai -400 001. INDIA

7.0 AMENDMENT OF BID DOCUMENT

7.1 At any time prior to the bid due date, the Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective

Bidder, modify the Bid Document.

7.2 The amendment will be notified in writing to all prospective Bidders who have

been issued the Bid Document and will be binding on them.

7.3 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Owner may, at its

discretion, extend the bid due date.

8.0 LANGUAGE OF BID

The bid prepared by the Bidder and all correspondence / drawings and documents relating to the bid exchanged by Bidder and the Owner shall be

written in ENGLISH language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an

ENGLISH translation, in which case, for the purpose of interpretation of the

bid, the ENGLISH translation shall govern.

9.0 DELETED.

10.0 FORMAT AND SIGNING OF BID

10.1 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorised to

sign on behalf of the bidder on all pages of the bid. Such authorisation shall be indicated by written Power of Attorney accompanying the bid. The name and

position held by each person signing must be typed or printed below the signature. The person or persons signing the bid shall initial all pages of the

bid, except for unamended printed literature.

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10.2 The complete bid shall be without alterations, interlineations or erasures, except as may be necessary to correct errors made by the Bidder, in which

case such corrections shall be rewritten & initialled by the person or persons signing the bid otherwise bid shall be rejected for the item.

10.3 All the pages of the priced bid shall be signed by the authorised signatory, otherwise the offer shall be liable for rejection.

11.0 PREPARATION & SUBMISSION OF BIDS

11.1 Bids shall be submitted at the address given in the covering letter.

11.2 Documents mentioned in the Bid Document shall be submitted along with the

bid by the Bidder.

11.3 Addenda / Corrigenda to the Bid Document, if issued, must be signed & submitted along with bid.

11.4 Bidders are advised to submit bids based strictly on the terms & conditions

and specifications contained in the Bid Document and not to stipulate any

deviations.

11.5 Each Bidder shall submit only one bid. Bidders submitting more than one bid will be rejected.

12.0 BID DUE DATE AND TIME

12.1 Bids must be received by the Owner at the address specified not later than the

date and time specified in the Covering letter.

12.2 The Owner may, at its discretion, on giving reasonable notice by letter/fax/e-mail, or any written communication to all prospective Bidders who have been

issued the bid documents, extend the bid due date, in which case all rights and obligations of the Owner / Consultant and the Bidders, previously subject

to the bid due date, shall thereafter be subject to the new bid due date as

extended.

13.0 PERIOD OF VALIDITY OF BIDS

13.1 Bids shall be kept valid for a period of 04 Months from the final bid due date

/ extended due date. A bid valid for a shorter period shall be considered as non-responsive and shall be liable for rejection at the sole discretion of the

Owner.

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The Bidder shall not be entitled during the said period of 04 Months, without

the consent in writing of the Owner revoke or cancel its bid or to vary the bid given or any term thereof. In case of Bidder revoking or cancelling its bid

without the consent of the Owner in writing, the Owner shall forfeit the Bid

Security furnished by Bidder.

13.2 Not with standing above, the Owner may solicit the Bidder's consent to an extension of the period of bid validity. The request and the responses thereto

shall be made in writing. The bid security shall also be accordingly extended.

14.0 LATE BIDS

14.1 Any bid received by the Consultant after the bid due date and time prescribed in IFB will not be opened and shall be rejected.

14.2 Telefax/ E-mail offers will not be considered and shall be rejected.

15.0 MODIFICATION OR WITHDRAWAL OF BIDS

15.1 The Bidder may modify or withdraw his bid after the bid's submission,

provided that the modification/ withdrawal notice is received by the Owners prior to the bid due date & time. The Bidder's modification or withdrawal

notice shall be prepared, sealed, marked and despatched in accordance with the provisions of bid document. A withdrawal notice may also be sent by

Telefax but must be followed by a signed confirmation copy dated not later than the deadline for submission of bids.

15.2 No bid shall be modified subsequent to the bid due date & time or extension, if

any, for submission of bids. Bidder(s) to note that in case any bidder gives revised prices/price changes, his bid shall be liable for rejection.

15.3 No bid shall be allowed to be withdrawn in the interval between the deadline

for submission of bids and the expiration of the period of bid validity specified

by the Bidder. Withdrawal of a bid during this interval shall result in the forfeiture of Bidder's bid security.

16.0 OPENING OF BIDS

16.1 Bids will be opened by Owner in the presence of bidders/bidders authorized

representatives (duly authorized by a competent person and having the letter of authority).

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16.2 BID SECURITY (PART-I) AND UNPRICED BID (PART-II):

16.2.1 On the day and time of bid opening, Envelope containing Bid security (Envelope 1) and Unpriced Bid (envelope- 2) shall be opened in presence of

bidders.

16.3 PRICED BID OPENING (PART-III):

16.3.1 Only those bidders whose bids are technically and commercially acceptable

shall be called for opening of Priced bid (Envelope 3) at a later date, informed in advance.

16.4 The Bidder's representatives, who are present, shall sign a register /

attendance sheet evidencing their attendance.

16.5 Bidder(s), whose bids are not opened for any reason, will not be allowed to be present during bid opening.

17.0 EVALUATION OF BIDS

17.1 The Owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents

have been properly signed and whether the bids are generally in order.

17.2 The bids without requisite Bid Security and/or not in the prescribed Proforma will not be considered and bids of such Bidder(s) shall be rejected.

17.3 Qualification of Bidder: The experience details, financial and technical

capabilities of the Bidders shall be examined.

17.4 To assist in the examination, evaluation and comparison of Unpriced bids, the Owner may, at its discretion, ask the Bidder clarifications on the bid. The

request for such clarifications and the response thereto shall be in writing. Bidder(s) to note that Price changes against Technical/Commercial

clarification, if any, in line with terms and conditions of enquiry documents are

not allowed. In case any bidder gives revised prices/price implications against such clarification(s), his bid is laible to be rejected.

17.5 Prior to the evaluation and comparison, the Owner will determine the

substantial responsiveness of each bid to the bidding documents. For the purpose of this Article, a substantially responsive bid is one, which conforms

to all the terms and conditions of the bidding document without material deviations or reservations. The Owner's determination of a bid responsiveness

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is to be based on the contents of the bid itself without recourse to the extrinsic evidence.

17.6 A bid determined as substantially non-responsive will be rejected by the

Owner/Consultant and shall not subsequently be allowed by the Owner to be

made responsive by the Bidder by correction of the non-conformity.

18.0 REJECTION CRITERIA

Bidder's Bid shall be considered non-responsive and rejected, if deviations are taken to the under mentioned provisions of Bid Documents by the Bidder :-

S.NO. CLAUSE

i) Bid Security, if applicable ii) Performance Security (Contract Performance Bank Guarantee)

iii) Force Majeure iv) Guarantee/Warranty clause

v) Firm Prices vi) Price change / implication after submission of bid

Definitions: SCP : SPECIAL CONDITIONS OF PURCHASE ITB : INSTRUCTIONS TO BIDDERS

GPC : GENERAL PURCHASE CONDITIONS

19.0 COMPARISON OF BIDS

19.1 The Owner will evaluate and compare bids previously determined to be substantially responsive pursuant to the provisions of the bid document

19.2 Arithmetical errors will be rectified on the following basis :-

A. When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct.

B. When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct.

C. When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted.

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19.3 Conversion to Single Currency :

To facilitate evaluation and comparison, the Owner will convert all bid prices of foreign Bidders expressed in the amounts in various currencies in which bid

price is payable, to Indian Rupees (INR) at SBI T.T. Selling Rate prevailing

on the date of opening of Un - priced bids.

19.4 Owner's evaluation and comparison of prices of previously determined substantially responsive bids shall take following in account :-

19.4.A In case of Domestic Bidders, the evaluated price shall include the

following :-

i) FOT Despatch point price (inclusive of Start up / commissioning

spares but excluding Operational spares). ii) All taxes / duties / education Cess as applicable on finished goods

iii) The firm freight charges as quoted by vendor. iv) The Transit insurance as quoted by the bidder

B) In case of Foreign Bidders, the evaluated price shall include the

following : -

i) FOB Port of shipment prices (inclusive of Start up / commissioning spares but excluding Operational spares).

ii) Ocean freight charges shall be considered as quoted by the bidders. iii) Marine insurance charges shall be considered as quoted by the bidders.

iv) Port levies / port handling charges etc. as per “Special Terms & Conditions”. v) Import duty at prevailing rates (Merit rate of customs duty) as applicable, on

CIF Value. vi) Inland freight towards transportation from Port of Entry (JNPT Navasheva) to

respective locations, as per “Special Terms & Conditions” would be applied. However, inland freight shall be the responsibility of the Purchaser.

vii) Letter of Credit (L/C) charges as per “Special Terms & Conditions”. viii) Inland transit insurance as per “Special Terms & Conditions”.

The evaluated price of all the domestic Vendors and the evaluated price of all

the foreign Vendors as stated herein before shall be compared for each item

separately.

Price preference to offset Central Sales Tax to the extent of 4 % or actuals, whichever is less, as well as Octroi at actuals, will be given to Indian

Manufacturers (subject to 30 % local content), as per the prevailing norms.

20.0 CONTACTING THE OWNER

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20.1 Subject to Article 17.4, above no Bidder shall contact the Owner on any matter relating to its bid, from the time of bid opening to the time the

Contract is awarded. 20.2 Any efforts by a Bidder to influence the Owner in the Owner's bid evaluation,

bid comparison or contract award decisions may result in the rejection of the

Bidder's bid.

21.0 AWARD CRITERIA

The Owner will award the Contract to the successful Bidder whose bid has

been determined to be the lowest evaluated, responsive bid, provided further that the Bidder is determined to be qualified to satisfactorily perform the

Contract. The owner/consultant will determine the lowest bid for individual terms for award of contract.

22.0 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL

BIDS

22.1 Owner reserves the right to accept or reject any bid, and to annul the bidding

process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or; any

obligations to inform the affected Bidder or Bidders of the ground for the

Owner's/Consultant's action.

22.2 The submission of any bid connected with these documents and specifications

shall constitute an agreement that the Bidder shall have no cause for action or claim, against the Owner for rejection of his bid. The Owner shall always be at

liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in

that regard against the Owner.

23.0 NOTIFICATION OF AWARD

23.1 Prior to the expiration of period of bid validity, the Owner will notify the

successful Bidder in writing or by fax to be confirmed in writing, that his bid has been accepted. The Notification of Award will constitute the formation of

the Contract.

23.2 Delivery Period shall be counted from the date of notification of award

(Letter/Fax of Intent).

24.0 ISSUE OF PURCHASE ORDER

24.1 After the successful Bidder has been notified that his bid has been accepted, the Owner will send to such Bidder a detailed Purchase Order incorporating all

the terms and conditions agreed between the parties.

24.2 Within 15 days of receipt of the detailed Purchase Order, the Bidder shall sign

and return it to the Owner, in token of acceptance of the Order.

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25.0 Grievance Redressal Mechanism :

Hindustan Petroleum Corporation Limited (HPCL) has developed a “Grievance Redressal Mechanism” to deal with references / grievances if any that are

received from parties who participated / intend to participate in the

Corporation Tenders. The details of the same are available on our website www.hindustanpetroleum.com.

26.0 In case Foreign bidder (directly bidding for this tender) is having

Indian representative under Joint venture arrangements or on commission basis the same should be disclosed in Unpriced Bid with

the name & address of Indian representative along with copy of agreement. Noncompliance of above / disclosing details would result

in banning business dealings and also rejection of tender.

27.0 Bidders are requested to stamp & sign all the pages of the tender document as a token of unconditional acceptance to tender terms & conditions. In case

of deviations bidders are requested to mention the same separately on their letter head and submit the same along with technical bid of their offer. No

corrections in tender document are allowed. 28.0 ADDRESS FOR SUBMISSION OF BIDS:

Deputy General Manager- Purchase-P&P Hindustan Petroleum Corporation Limited, 2nd Floor, Gresham Assurance Building, Sir P M Road, Fort, Mumbai - 400 001, INDIA

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CHAPTER –IV

TECHNICAL SPECIFICATION FOR CORROSION INHIBITOR IN CROSS COUNTRY PIPELINE

1.0 The specification covers the requirement of supply of chemical “Corrosion Inhibitor” to be

injected into cross country petroleum pipelines transporting Motor Spirit (Petrol), Superior Kerosene Oil (SKO), High Speed Diesel (HSD), Naphtha, Aviation Turbine Fuel (ATF) etc. with a view to prevent internal corrosion.

2.0 TECHNICAL REQUIREMENTS 2.1 The Corrosion inhibitor to be supplied should be enlisted in latest “Qualified products list”

of products qualified under performance specification MIL-PRF-25017 (Category 1 of QPL) for Inhibitor, Corrosion / Lubricity improver, Fuel soluble.

Party to submit documentary proof of their product and plant approval under Category 1 alongwith Technical (unpriced) Bid.

2.2 The doping of corrosion inhibitor, in no case should affect the quality of the products like

Motor Sprit (Petrol), Superior Kerosene Oil (SKO), High Speed Diesel (HSD), Naphtha, Aviation Turbine Fuel etc. being transported in pipelines.

2.3 The chemical shall meet the requirement of testing as per NACE standard Test method

NACE TM 0172-2001 (or latest edition) for relative effectiveness of the corrosion inhibitors for minimum B++ rating in laboratory test.

2.4 The vendor shall provide from in house laboratory test data and/or performance

certification from end user and or test result from any reputed laboratory with details of dosage rate in ppm, achieved corrosion rate in mills per year (MPY) duly certified by manufacturer as per NACE standard RP-0775-99 (or latest edition). The qualification of the chemical will be based on the level of performance in multi-product petroleum pipelines world wide and documentary evidence of the same.

2.5 The vendor shall indicate the precise manner in which the corrosion inhibitor enables

prevention of internal corrosion. Booklet/Brochure shall be submitted. 2.6 The vendor shall indicate whether the product after dosage is time dependant. 2.7 The details of purchase orders executed in the last 5 years for the supply of bulk amount

of corrosion inhibitor for multi product petroleum pipeline use along with the details of the customers viz addresses, contact person, fax no., telephone no. etc. shall be provided with the offer.

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2.8 The corrosion inhibitor should be shear stable and effective during flow through cross country petroleum pipelines of 10” to 18” diameter and of up to 350 Km length with intermediate booster pump stations and flow rate upto 850 Kl/hr at a differential pressure upto 100 Kg/cm2. During field monitoring, the corrosion rate throughout the pipeline shall be less than 1 MPY with the recommended dose rate by the vendor.

2.9 Other properties of the corrosion inhibitor should have.

It should contain only Oxygen, Hydrogen and Carbon in its formulations and it should be free from Nitrogen, Phosphorus and Sulphur.

The corrosion inhibitor shall have no effect on gum or oxidation stability of the fuel. The corrosion inhibitor shall be completely soluble with the petroleum products. It

should not have emulsifying effect. The corrosion inhibitors shall be compatible with the materials structure of the pipes,

pumps, storage tanks, valves, meters, instruments and any other fittings used in petroleum pipeline.

The corrosion inhibitors shall be compatible with other additive used in petroleum

products like Drag Reducer additive, which are polymer based compound. It should be suitable for use and storage in the ambient temperature ranging from 5°

C to 50° C. The inhibitor shall not show any precipitation, layering or either evidence of gross

separation or degradation after storing for a period of 24 months. Samples from top half of the stored inhibitor shall meet all requirements of the specifications.

The inhibitor should be compatible with Euro-IV/Euro-V grade products transportation

thru cross country pipelines. 2.10 Vendor shall enclose a copy of latest revision of product specification of ‘MIL-

PRF-25017F’ for reference along with latest ‘QPL’ list. 2.11 Packing (in drums) : 190-205 Kg each approx. 3.0 DETAILS TO BE FURNISHED BY VENDOR 3.1 The vendor shall furnish following details/information along with the tender.

a. Name & address of the organization with key / contact person. b. Manufacturing and other facilities available in the organization.

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c. Name and address of other participating and or collaborating organizations, if any. d. Brand name and nomenclature of the corrosion inhibitor offered. e. Shelf life of the corrosion inhibitor offered. f. Material safety data sheet. g. Test data of recommended dosing rate for SKO. h. Guarantee / Warranty certificate. i. Any other information that the vendor likes to provide supporting the inhibitor.

3.2 The vendor shall submit the test data for the following properties of the hydrocarbon

soluble, liquid film former along with the tender.

Specific Gravity (at 60° F) : Kg/Litre Density at 60° F : Flash Point (PMCC) : Pour Point : Viscosity at 100° F : cst at 70° F : cst at 32° F : cst Ash Content : % (Max.) Relative effective concentration : gm/m³ Minimum effective concentration : gm/m³ Maximum allowable concentration: gm/m³ Neutralization No. : Metallic constituent : Conductivity at 30 deg C :

4.0 The tender will be evaluated basis 6 PPM rate for normal pumping and 9 PPM for Pigging period. However, parties quoting 6PPM or less would be evaluated at 6 PPM dosage only. Similarly for pigging if the party is quoting 9 PPM or less would be evaluated at 9 PPM dosage only. But parties quoting higher rate of dosage than 6PPM (for normal pumping) and 9 PPM (in case of pigging) would not be considered for tender evaluation.

5. PERFORMANCE GUARANTEE

In case of poor performance/performance of the corrosion inhibitor not meeting the specifications, the supplier shall have to compensate the owner for any and all losses on

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account of poor performance of such supply. The supplier shall bear all charges including incidence of all duties, taxes, freight and insurance etc. The supplier shall have to give a performance bank guarantee for an amount equal to 15% of the purchase order value valid for the period of 12 months from the date of delivery.

6. CERTIFICATE TO BE FURNISHED AT THE TIME OF SUPPLY 6.1 The successful bidder shall be required to furnish at least 3 copies of their lab test

certificates in original for each batch of the corrosion inhibitor being dispatched. The test certificate should indicate the batch no., Physico-chemical characteristics and results of spindle corrosion test (@ 6PPM dosage) for SKO (IS:1459:1974 Amendment No.03, September 1993) as per NACE-TM-0172-2001 (or latest edition) Standards.

6.2 Original Bill of Lading, Certificate of Origin, packing list, Test certificate and Quality

Certificate from the manufacturer regarding the test, in original. 7 REJECTION OF BIDS 7.1 Bids not supplied with complete details/information in respect of all above clauses shall be

liable for outright rejection.

8 Details of the pipelines i.e. VVSPL, MPSPL, MDPL, RBPL, RBhPL & BTPL.

8.1 As per Attachment: 1-A ********

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Attachment – I-A

Details of Pipelines

Mumbai-Pune-Solapur Pipeline (MPSPL)

Mumbai Pune Pipeline was commissioned in 1985. This is a 14” dia. and 161 Km long pipeline. The pipeline draws product from HPCL’s Mumbai Refinery and pumps POL products (using mainline pumping facilities at Mumbai) to Pune which is located at 161 Kms from the main station. The pipeline is having an Intermediate Tap-off at Vashi, Navi Mumbai, which is 20 kms away from originating station at Mumbai. The pipeline also has two Intermediate Booster stations at Khopoli (71 Kms from Mumbai) & Talegaon (112 Kms from Mumbai). The Corrosion Inhibitor is being injected in the pipeline at Mumbai before liquid enters the mainline pumps. The CI so injected is required to retain its property for the full length of the pipeline up to Pune. The petroleum products are being pumped at a rate of 400-800 Kl/Hr at a maximum differential pressure of 60 Kg/cm2. Extension of Mumbai Pune Pipeline to Solapur has been commissioned in January, 2007. This is a 14”/12.75” diameter and 345 Km long pipeline with tap-off point at Hazarwadi. The petroleum products will be pumped at a rate of 250 Kl/Hr. Fresh dose of corrosion inhibitor will be injected at Loni for this section. The CI so injected is required to retain its property for the full length of the pipeline up to Solapur. VVSPL (Visakh-Vijayawada-Secunderabad Pipeline (VVSPL)

Visakh Vijayawada Pipeline was commissioned in May’98. This is an 18” dia. and 349 Km long pipeline. The pipeline draws product from HPCL’s Visakhapatnam Refinery (ATP Area) and through mainline pumping facilities pumps POL products to Vijayawada, which is located at 349 Kms from the main station. The pipeline is having an Intermediate Tap-off cum Booster Station at Rajahmundry, which is 180 kms away from originating station at Visakhapatnam. The Corrosion Inhibitor is being injected in the pipeline at Visakhapatnam before liquid enters the mainline pumps. The CI so injected is required to retain its property for the full length of the pipeline up to Vijayawada. The petroleum products are being pumped at a rate of 250-850 Kl/Hr at a maximum differential pressure of 82 Kg/cm2.

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Extension of Visakh Vijayawada Pipeline to Secunderabad has been commissioned in March, 2002. This is a 16”/14” diameter and 223 Km long pipeline with tap-off point at Suryapet. The petroleum products will be pumped at a rate of 180-486 Kl/Hr. Fresh dose of corrosion inhibitor will be injected at Vijayawada for this section. The CI so injected is required to retain its property for the full length of the pipeline up to Secunderabad. Mundra Delhi Pipeline (MDPL)

Mundra Delhi Pipeline was commissioned in Nov’07. This is an 18” / 16” dia, 1054 Km long pipeline. The pipeline draws product from HPCL’s Mundra Terminal in Gujarat and pumps White Oil products to Bahadurgarh Terminal in Haryana through mainline pumping facilities at Mundra. The pipeline is having following intermediate stations: Santhalpur Ch. 197 Kms Intermediate pump station Palanpur Ch. 329 Kms Intermediate pump station cum tapoff station Awa Ch. 541 Kms Intermediate pump station Ajmer Ch. 671 Kms Intermediate pump station cum tapoff station Jaipur Ch. 786 Kms Intermediate pump station cum tapoff station Rewari Ch. 980 Kms Tapoff station The Corrosion Inhibitor is being injected in the pipeline at Mundra, Palanpur & Jaipur. The CI so injected is required to retain its property for the full length of the pipeline upto Bahadurgarh. The petroleum products can be pumped at a rate of 400-850 Kl/Hr between Mundra to Jaipur and at a rate of 330-650 Kl/Hr between Ajmer to Bahadurgarh. The maximum differential pressure is around 100 Kg/cm2. Ramanmandi-Bahadurgarh Pipeline (RBPL)

RBPL was commissioned in August 2012. This is an 18” dia, 244 Km long pipeline. The pipeline draws product from HMEL’s Guru Gobind Singh Refinery in Ramanmandi and Pumps white oil product to Bahadurgarh Terminal in Haryana through mainline pumping facilities at RamanMandi. The Corrosion Inhibitor is being injected into the pipeline before liquid enters the mainline pumps at Ramanmandi. The CI so injected is required to retain its property for the full length of the pipeline up to Bahadurgarh.

The petroleum products can be pumped at a rate of 300-785 Kl/Hr between RamanMandi to Bahadurgarh. The maximum differential pressure is around 85 Kg/cm2.

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RamanMandi-Bathinda Pipeline (RBhPL)

RBhPL was commissioned in December 2011. This is an 10” dia, 30 Km long pipeline. The pipeline draws product from HMEL’s Guru Gobind Singh Refinery in Ramanmandi and Pumps white oil product to Bathinda Depot through mainline pumping facilities at Ramanmandi. The Corrosion Inhibitor is being injected in the pipeline before liquid enters the mainline pumps at Ramanmandi. The CI so injected is required to retain its property for the full length of the pipeline up to Bathinda. The petroleum products can be pumped at a rate of 80-126 Kl/Hr between RamanMandi to Bathinda. The maximum differential pressure is around 27 Kg/cm2.

Bahadurgarh-Tikrikalan Pipeline (BTPL)

BTPL is expected to be commissioned by April 2013. This is an 8” dia (for MS) & 10” dia (for HSD), 28 Km (2X14 Km) long pipeline. The pipeline draws product from Bahadurgarh Terminal and Pumps white oil product to Tikrikalan Terminal through mainline pumping facilities at Bahadurgarh. The Corrosion Inhibitor is being injected in the pipeline before liquid enters the mainline pumps at Bahadurgarh. The CI so injected is required to retain its property for the full length of the pipeline up to Tikrikalan. The petroleum products can be pumped at a rate of 80-375 Kl/Hr between Bahadurgarh to Tikrikalan. The maximum differential pressure is around 27 Kg/cm2.

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Attachment-II

SPECIAL TERMS & CONDITIONS 1. The product shall be manufactured and dispatched only from the plant registered under

latest QPL–25017. Dispatch from any other plant/intermediate stock point will not be accepted.

2. Offers shall be submitted by the manufacturers only. Offers from any authorized agent/ traders / Representative shall not be accepted.

3. The validity of the order shall be for a period one year from the date of the Purchase

order or from the date of issue of Letter of Intent whichever is earlier.

4. The location wise requirements are provided in the table below.

Pipeline Location Required Quantity

(MT)

Port in case of Foreign parties

Mumbai-Pune-Solapur Pipeline (MPSPL)

Trombay 36 Mumbai

Port/Nhava Sheva Port

Visakh-Vijayawada-Secunderabad Pipeline (VVSPL)

Vizag 35 Chennai Port

Vijayawada 15

Mundra-Delhi Pipeline (MDPL)

Mundra 22

Mundra Port (MPSEZ-ADANI)

Palanpur 21

Jaipur 8

RamanMandi-Bahadurgarh Pipeline (RBPL)

RamanMandi 10 Mundra Port

(MPSEZ-ADANI) RamanMandi-Bathinda (RBhPL) RamanMandi 5

Bahadurgarh-Tikrikalan Pipeline (BTPL)

Bahadurgarh 5 Mundra Port

(MPSEZ-ADANI)

Total 157

The total quantity shall be supplied half yearly, as per half yearly indent, in case of foreign parties. The delivery should be done within four weeks of L/C in case of foreign parties. The date of Bill of Lading shall be treated as date of delivery for the purpose in case of foreign parties.

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The total quantity shall be supplied, as per our quarterly indent, to each individual location in case of Indian parties. The delivery should be done within four weeks from the date of letter of intent for Indian parties as described above & shall attract penalty in case of delay as per terms and conditions of this tender. Date of door delivery shall be treated as date of delivery for the purpose in case of Indian parties.

5. The quantity for VVSPL shall be shipped to Chennai Port on account of Hindustan Petroleum Corporation Limited, VVSPL, Visakhapatnam in case of foreign parties and door delivery basis at Hindustan Petroleum Corporation Limited, VVSPL-Visakhapatnam & Vijayawada in case of Indian parties.

6. The quantity for MPSPL shall be shipped to Mumbai Port/Nhava Sheva Port on account of Hindustan Petroleum Corporation Limited, MPSPL, Mumbai in case of foreign parties and door delivery basis at Hindustan Petroleum Corporation Limited, MPSPL- Mumbai in case of Indian parties.

7. The quantity for MDPL, RBPL, RBhPL & BTPL shall be shipped to Mundra Port on

account of Hindustan Petroleum Corporation Ltd., Mundra Delhi Pipeline, Mundra in case of foreign parties and door delivery basis at MDPL- Mundra, Palanpur & Jaipur; RBPL & RBhPL Pipeline- RamanMandi and BTPL- Bahadurgarh in case of Indian parties.

8. Party’s offer on High Sea Sales basis will not be accepted.

9. Incase of foreign bidders, maximum one transshipment is permitted during each partial shipment.

10. The successful bidder for each location (Mumbai, Visakhapatnam, Vijayawada, Mundra, Palanpur, Jaipur, Ramanmandi and Bahadurgarh) will be decided individually based on delivered cost at that location.

11. Party has to submit offer in two parts – Unpriced bid and Priced bid. Priced bid shall be

opened by HPCL only after technical/commercial queries are satisfactorily clarified by the respective bidders. Offers are liable to be rejected in case of technical/commercial deviation from the tender terms, conditions and technical specifications at the sole discretion of HPCL.

12. Bidder shall submit pamphlets, brochures and testimonials with respect to supplies carried

out to other Indian National Oil companies like IOC, BPC ONGC, GAIL, etc. along with their bids.

13. The party shall provide performance bank guarantee equivalent to 15% of the PO value/ FOB/CIF value, valid for a period of 12 months from the date of delivery.

14. The foreign parties have to provide phytosanitary / fumigation certificate in respect

of packaging material.

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15. All the drums containing corrosion inhibitor must be numbered in serial only.

16. For Indian bidders, the delayed delivery shall be equivalent to one half of one percent (0.5%) of the basic value of the goods not delivered per every week of delay(for fractional days, LD shall be applicable on pro-rata basis), subject to a maximum of 5% of total basic value of the parcel size as advised by the HPCL. The delayed delivery shall be applicable location wise (total eight locations).

17. For Foreign bidders the delayed delivery shall be equivalent to one half of one percent (0.5%) of the FOB value of the goods not delivered per every week of the of delay (for fractional days, LD shall be applicable on pro-rata basis) subject to a maximum of 5% of the total FOB value of the parcel size as advised by HPCL. The delayed delivery shall be applicable port wise/location wise (total three ports & eight locations) as applicable.

18. Documents required for payment release: a. Bill of lading /AWB (For foreign bidders) b. Quality and quantity certificates along with manufacture’s test certificates. c. Performance bank guarantee (10% of basic order value) valid for 12 months from the

date delivery. d. Material receipt report from HPCL locations (MPSPL, VVSPL, MDPL, RBPL, RBhPL and

BTPL). In-case of foreign bidders this would not be applicable.

19. Shipment for Foreign Bidders: The foreign bidders should quote freight & insurance charges separately for shipment by sea in their priced bid. However, HPCL at its sole discretion may decide to place PO on FOB/C&F/CF basis. Please also refer “General Purchase conditions for Imports”.

20. HPCL reserves the right to reject offers not meeting its technical requirement and commercial conditions.

21. Evaluation Criteria: The offers would be evaluated on delivered cost basis for each location (Mumbai, Visakhapatnam, Vijayawada, Mundra, Palanpur, Jaipur, Ramanmandi and Bahadurgarh) separately. HPCL at its sole discretion may place separate orders for these locations based on delivered cost for each location. Incase of foreign bidders their offer would be loaded for duties, clearance charges at Indian ports (depending at the port of arrival), L/C charges and transportation charges as mentioned below to arrive at the delivered cost:

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A) Loading for Foreign bidders for Mumbai/ Nhava Shava Port:

Description Loading

Clearance charges at Nhava Sheva (Navi Mumbai Port)

Clearance charges at Nhava Sheva port INR 17500/- + INR 15000/- FCL & CFS charges per

container + 0.125% of CIF value as stamp

duty & administration charges. Supplier to consider 15 days free time for clearances and

port.

Loading / Unloading & Transportation charges from Mumbai/Nhava Sheva port for

MPSPL

Transportation charges from Mumbai/Nhava sheva to MPSPL INR 70000/-

Insurance Charges (Inland) 0.01% of CIF value (applicable for Mumbai)

Incase of payment terms are FOB basis Interest rate @ 12% per annum for 15 days on

FOB

Custom duty As applicable at the time of evaluation

Octroi As applicable at the time of evaluation

(Currently 5.5% for MPSPL)

B) Loading for Foreign Bidders for Chennai Port:

Description Loading

Clearance charges at Chennai port INR 16000/ per container 20’ size (16MT) or

21000/- per 40’ size container (28 MT) - for clearance and FCL & CFL charges (service tax

extra) + 0.1% of CIF value as stamped duty & administration charges. Supplier to consider 15

days free time for clearances and port.

Transportation charges from Chennai port to VVSPL ( Vijayawada & Visakhapatnam)

Transportation charges from Chennai

port to VVSPL(Visakhapatnam) : INR 192000/-

Transportation charges from Chennai

port to VVSPL(Vijayawada) : INR

40000/-

Insurance Charges (Inland) 0.01% of CIF value (applicable for Chennai)

Incase Payment terms are FOB basis Interest rate @ 12% per annum for 15 days on

FOB value

Custom Duty As applicable at the time of evaluation

Octroi As applicable at the time of evaluation

(Currently NIL for VVSPL)

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C) Loading for Foreign bidder for Mundra port:

Description Loading

Clearance charges at Mundra port (MPSEZ –

ADANI)

INR 6000/- for clearance and servey

charges per consignment + FCL & CFL charges INR 16000/- per container 20’ size

(16MT) or INR 25000/- per 40’ size container (28 MT) + 0.125% of CIF as

stamp duty & administration charges +

additional INR 6000/- per container, in case of Hazardous chemicals as per Invoice

specifications. Supplier to consider 15 days free time for clearances and port.

Loading / Unloading & Transportation

charges from Mundra port to MDPL, Mundra Dispatch station

Transportation charges from Mundra port to

MDPL ,Mundra - INR 18000/-


charges from MDPL, Mundra to Palanpur (325 KMS approx.)

Transportation charges – open truck: INR

57000/-


charges from MDPL, Mundra to Jaipur (850 KMS approx.)

Transportation charges – open truck: INR

87000/-

Loading / Unloading & Transportation charges from MDPL, Mundra to

Ramammandi (1145 KMS approx.)

Transportation charges – open truck: INR 174000/-

Loading / Unloading & Transportation charges from MDPL, Mundra to Bahadurgarh

(1131 KMS approx.)

Transportation charges – open truck: INR 172000/-

Insurance Charges 0.015% of CIF value

Incase payment terms are FOB basis Interest rate @ 12% per annum for 15 days

on FOB value

OCTROI As applicable at the time of evaluation (currently NIL for all locations of MDPL,

RBPL, RBhPL & BTPL)

In addition to the location-wise loading factors mentioned above, letter of Credit (L/C) charges @ 0.2% of FOB value will also be loaded for all the above mentioned locations. The offer of India bidders would be evaluated after considering all taxes/ transportation costs (from their works to the respective locations of MPSPL, VVSPL, MDPL, RBPL, RBhPL and BTPL), transit insurance charges, octroi charges etc. quoted by them.

22. Indian bidders are required to quote CST without “Form C” for MPSPL, VVSPL, MDPL, RBPL, RBhPL and BTPL locations.

23. All statutory variations in taxes and duties (mentioned in the price bid of bidder) would be borne by HPCL (against the documentary proof by bidder) during the scheduled delivery period (including extension of delivery period approved by HPCL) and payment would be released at the actual taxes / duties prevailing at the time of delivery. However if, there

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is any variation in Excise Duty / other taxes at the time of supplies for any reason, other than statutory, including turnover the variation would be to the supplier’s account.

24. Octroi if application would be paid at actual against documentary proof. 25. Unloading & Stacking at HPCL site will be arranged by HPCL. 26. HPCL reserves the right to accept any tender in whole or in part of reject any or all

tenders without assigning any reasons. 27. HPCL shall not be bound to accept the lowest tender and reserves right to accept any or

more tenders in part. Decision of HPCL in this connection shall be final and binding on the bidder.

28. On placement of order, prices will remain firm till complete execution. 29. In case Foreign bidder (directly bidding for this tender) is having Indian

representative under Joint venture arrangements or on commission basis the same should be disclosed in Unpriced Bid with the name & address of Indian representative along with copy of agreement. Non-compliance of above / disclosing details would result in banning business dealings and also rejection of tender.

30. For quotation in foreign currency (allowed only for foreign bidders), SBI TT Selling Rate

prevailing on the date of opening of tender (unpriced bid opening) shall be considered for evaluation purpose.

31. Bidders are requested to stamp & sign all the above pages as a token of unconditional

acceptance to tender terms & conditions. In case of deviations bidders are requested to mention the same separately on their letter head along with technical bid of their offer. No corrections in tender document are allowed.

32. The rates quoted by bidder including freight charges will remain firm till complete

execution of purchase order quantity. 33. In case of discrepancy in tender terms mentioned in this chapter and elsewhere in the

tender, the terms mentioned in this chapter shall prevail. 34. HPCL reserves the right to cancel part or total quantity of the order after placement of

PO.

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35. Address of locations where Corrosion Inhibitor is to be delivered:

For MPSPL Hindustan Petroleum Fuels Refinery, Bhikaji Damaji Patil Marg, Old Corridor road, Mahul Mumbai- 400 074 (Maharashtra)

India. Contact Person – Shri R.Ramesh Telephone: 022-25544266 Mobile: 09820502939

For VVSPL

Visakh Hindustan petroleum Corporation Limited,

VVSPL, Visakh Despatch Station VR- ATP Area, naval base Post, Visakhapatnam- 530 014 (A.P.)

India. Contact Person: Shri K S L Satyanarayana, Telephone 0891-2858907 Mobile No: 09666681866

Vijayawada

Hindustan Petroleum Corporation Limited, Vijayawada Booster Station, Kattubadipalem, Kondapalli Post, District-Krishna, (A.P.)-521228 Contact Person: Shri M Sevya Telephone: 0866-287604/2872842 Mobile No: 09177556685

For MDPL

Mundra Hindustan Petroleum Corporation Ltd., MDPL, Mundra Dispatch Station, Old Mundra Port Road, Kutch Pin-370421 Gujarat. Contact Person: Shri C Pratap

Telephone: 02838-271000 Mobile: 09712951785

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Palanpur Hindustan Petroleum Corporation Ltd., Palanpur Terminal, Village: Chandisar, Behind GIDC, On Mota Road, Taluka: Palanpur, District: Banas Kantha Contact Person: Shri Mahesh Prasad Telephone: 02742-283718/732 Mobile: 09687637340 Jaipur Hindustan Petroleum Corporation Ltd., Mundra Delhi Pipeline , Survey No. 2904, Village Bagru Kalan, Behind RIICO Chitroli Industrial Area, Off Ajmer Road (NH-8),Bagru, Jaipur - RAJASTHAN Contact Person: Shri Mangesh Madhukar Londhe Telephone : 0141-5123557 Mobile: 09001791770

For RBPL & RBhPL

Ramanmandi Hindustan Petroleum Corporation Ltd., Ramanmandi- Bahadurgarh Pipeline Ramanmandi Dispatch Station Taluka-Talwandi Sabo Ramanmandi, Bathinda - 151301 Contact Person: Shri G P Tantuway Telephone: 8146670551 Mobile: 09216727858

For BTPL

Bahadurgarh Hindustan Petroleum Corporation Ltd., Bahadurgarh-Tikrikalan Pipeline Bahadurgarh Dispatch Station Asauda Village Bahadurgarh - 124505 Contact Person: Shri Arun Kumar Mishra Telephone: 01276-280752 Mobile: 09215192385

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CHAPTER -V

SPECIAL CONDITIONS OF PURCHASE

INDEX

ARTICLE SR. NO. DESCRIPTION

1.0 BRIEF SCOPE OF WORK

2.0 PRICE BASIS AND SCOPE

3.0 DELIVERY PERIOD

4.0 BID SECURITY

5.0 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG)

6.0 PRICE REDUCTION FOR DELAY IN COMPLETION

7.0 INSURANCE

8.0 PAYMENT TERMS

9.0 LIABILITY CLAUSE

10.0 DEFINITIONS / NOTES

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SPECIAL CONDITIONS OF PURCHASE

The following articles shall supplement the instructions to Bidders and General Purchase Conditions. In case of any conflict between General Purchase Conditions

and Special Conditions of Purchase, the later shall prevail to the extent applicable.

1 BRIEF SCOPE OF WORK

1.1 Vendor's scope of Work shall be in strict compliance with scope of work

detailed in the Bid Document. It will include but not be limited to the following :

a) Manufacture, procurement, shop testing and supply of all Goods.

b) Providing drawings, data, operation and maintenance manuals, documentation etc. to the Owner as specified in specifications

c) Packing, forwarding and transportation/shipment from manufacturer's works/ despatch point to the Project site(s) for Indian bidder and up to

FOB port of shipment for Foreign bidder.

2.0 PRICE BASIS & SCOPE

2.1 Prices shall be furnished strictly in appropriate Price schedule formats enclosed herewith.

2.2 Quoted prices shall remain firm and fixed till complete execution of order/contract except for statutory variation as are specifically permitted

hereunder.

2.3 Quoted prices shall be inclusive of all testing and inspection requirements (including stage wise and final inspection) as specified in the bid document.

However, Personal and incidental expenses of Owner / Owner's Consultant's inspectors shall be borne by the Owner.

2.4 DOMESTIC (INDIAN) BIDDERS :

2.4.1 Domestic Bidders shall quote their prices in Indian Rupees (INR) only.

2.4.2 In case domestic Bidders bid is based on certain imported raw materials/

components required for manufacture of offered goods, such Bidder shall

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furnish his prices based on merit rate of customs duty (without Owner providing Certificate to enable bidder to obtain "Essentiality Certificate").

2.4.3 Bidders are required to quote their prices accordingly.

2.4.4 Bidders to note that all FE rate variations shall be to bidder's account and Owner shall bear no responsibility whatsoever.

2.5 FOREIGN BIDDERS

2.5.1 Foreign Vendor shall quote their prices in US Dollars or in the currency of

country of origin.

2.5.2 Ocean Transportation :

2.5.2.1 In case of Shipment by FOB Contracts, the shipping arrangements shall be made through the nominated agents of Ministry of Surface Transport (Govt.

of India) in accordance with clause 18.0 of enclosed "General Purchase Conditions for Imports".

2.5.2.2 However, in case of CIF Contracts, no such restriction for shipment shall apply and arrangements for shipment can be made through any reputed

shipping company by first class direct vessels approved by Lloyds or any other such Agency applicable in the country of shipment.

2.5.2.3 Foreign Bidders shall quote their CIF prices for Ocean transportation to

Indian Ports of Entry.

2.5.2.4 Owner reserves the right to place the order on FOB or CFR or on CIF basis. Owner may initially place order on FOB basis and the order may be

converted to CFR or CIF basis within three months from the date of Fax of Intent. Accordingly, Bidders quoted CFR & CIF prices shall remain

valid upto 3 months from the date of Fax of Intent.

2.5.2.5 All shipments shall be under deck only.

2.5.2.6 "Special packaging requirements" enclosed under section 4 to be complied

with.

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2.6 TAXES & DUTIES:

2.6.1 Domestic (Indian Bidders):

2.6.1.1 Bidder's quoted prices shall be inclusive of all taxes, duties, cess, levies

etc., paid or payable on the bought out raw material / components, packing and forwarding charges, but excluding applicable taxes and duties on

finished goods.

Bidder shall furnish the rate of Excise Duty, Education Cess and Sales Tax / VAT (with or without Concessional Form) applicable and payable on quoted

finished goods. Owner may decide to place order with or without concessional form based on the availability of such Form.

2.6.1.2 The statutory variation in Excise duty, Education Cess and Sales tax/ VAT

on finished goods, within the contractual delivery period shall be to Purchaser's account against submission of the documentary evidence.

However, any increase in the rate of these taxes and duties beyond the contractual completion period shall be to Seller's account. Any decrease in

the rate of these taxes and duties shall be passed on to the Purchaser.

2.6.1.3 It is for the Bidder to assess and ascertain the rate of Excise Duty,

education Cess and Sales Tax / VAT applicable on quoted items. It is clearly understood that Owner will not have any additional liability towards

payment of Excise Duty, Education Cess and Sales Tax / VAT which is based on Bidder's wrong assessment / interpretation of applicability of such

Excise Duty and/or education cess and / or Sales Tax/ VAT.

2.6.1.4 Octroi / Entry tax, if any, in India shall be directly paid by the vendor, which shall be reimbursed by Owner at actual on submission of

documentary proof.

2.6.1.5 HPCL shall not be liable, in case the tax authorities assesses the tax elements in a different way on account of any reason, whatsoever.

2.6.1.6 Taxes and duties other than those specified in this document, if any, shall be included in the quoted prices and no reimbursement shall be made by

HPCL

Non-Compliance to the provision of this article may lead to rejection of bid at the sole descretion of HPCL.

2.6.2 Foreign Bidders:

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2.6.2.1 Foreign bidder's FOB prices shall include all taxes, duties, levies and any other charges including export licensing, if any, up to the International port

of shipment.

2.6.2.2 HPCL shall not be liable, in case the tax authorities assesses the tax

elements in a different way on account of any reason, whatsoever.

2.6.2.3 Taxes and duties other than those specified in this document, if any, shall be included in the quoted prices and no reimbursement shall be made by

HPCL.

Non-Compliance to the provision of this article may lead to rejection of bid at the sole descretion of HPCL.

2.6.3 Income/Corporate Tax

2.6.3.1 As regards the Indian Income Tax, surcharge on Income Tax, or any other

Corporate Tax payable by the Vendor for reason of the contract awarded, and/or on their expatriate personnel, the Owner shall not bear any tax

liability whatsoever, irrespective of the mode of construction of contract.

The Vendor shall be liable and responsible for payment of such tax, if attracted under the provisions of Indian Income Tax Act, Vendor may note

that if any tax is deductible at source as per Indian Income Tax Law, the same will be so deducted before releasing any payment to the Vendor and

a TDS (Tax deducted at Source) certificate will be furnished to the Vendor. Accordingly, Vendor shall have the responsibility to check and include such

provisions of taxes in their prices.

2.6.3.2 It is for the Vender to assess and ascertain the applicability of taxes, duties, levies etc. applicable under the Contract. It is clearly understood

that except for the specific provision covered in these conditions, Owner will not have any liability, whatsoever, towards payment of any taxes,

duties, levies etc., including any variation, thereof, till complete execution of the Order/Contract. Owner will also not have any liability, whatsoever,

on account of taxes, duties levies etc. which are based on Vendor's wrong

assessment/interpretation of applicability of such taxes and duties. It is further clearly understood that irrespective of modalities/construction of

Contract/ Order and/ or interpretation thereof by any tax (or similar)/ assessing authorities, subject to specific provisions covered under these

Conditions, Owner shall neither be responsible nor liable to pay any taxes, duties, levies etc. or variation thereof, during complete execution of the

Order/ Contract.

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2.6.3.3 The Vendor agrees to and does hereby accept full and exclusive liability at his own cost for the payment of any and all taxes, duties and levies etc.,

payable to any government, local or statutory authority in any country outside India, as are now in force and/or as hereinafter imposed, levied,

increased or modified, and as are payable by Vendor (Vendor), his agents,

his sub-Vendors/sub-vendors and their employees etc. for the performance of Work under the Contract and till complete execution of the Contract. The

Vendor shall be deemed to have been fully informed himself with respect to all liabilities on such account, and considered the same in the quoted prices

in his bid.

2.6.3.4 Except for specific provisions related to variation in Imports duty, Excise Duty + Education Cess and Sales Tax/Vat in case of Indian Vendors and

reimbursement of Imports duty on goods offered from outside India in case of foreign Vendors in accordance with the terms specified under this

Section, the Vendor agrees to and does hereby accept full and exclusive liability at his own cost for payment of any and all Taxes, duties and levies

etc. including Sales Tax on Works Contract and/or Service Tax, Excise Duty, Income/Corporate Tax, Octroi and other levies etc. payable to Indian

Central or State Government(s), local or statutory authorities in India, as

are now in force and/or as hereinafter imposed, levied, increased or modified from time to time, for the performance of the Work under the

Contract, and till complete execution of the Contract. The Vendor also hereby accepts full and exclusive liability at his own cost towards any and

all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now in force or hereinafter imposed by Indian

Central or any State Government authorities which are imposed with respect to or covered by the wages, salaries, or other compensations paid

to the persons employed by the Vendor and the Vendor shall be responsible for the compliance with all obligations and restrictions imposed by the

Labour Law or any other law affecting employer-employee relationship and the Vendor further agrees to comply, and to secure the compliance of his

all sub-Vendors with all applicable Central State, Municipal and local laws and regulations and requirements of any Central, State or Local

Government agency or authority. Seller further agrees to defend, indemnify

and hold Owner harmless from any liability or penalty which may be imposed by the Central State or Local authorities by reason of any violation

by Seller or his sub-Vendor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against

Owner arising under, growing out of, or by reason of the work provided for under the Contract, by third parties, or by Central or State Government

authorities or any administrative sub-division thereof.

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The Vendor shall be deemed to have been fully informed himself with respect to all liabilities on account of above, and considered the same in

the quoted prices in his bid

2.6.3.5 If any tax is deductible at source as per Govt. laws, rules and regulations,

the same will be so deducted by Owner from Vendor's bills before releasing the payments and necessary certificate to that effect, will be issued.

3 DELIVERY PERIOD :

As per Special Terms and Conditions.

4 BID SECURITY :

4.1 The Bidder shall furnish, as part of his bid, a bid security in original for the

amount specified in the Invitation For Bid (IFB) 4.2 The bid security is required to protect the Owner against the risk of Bidder's

conduct, which would warrant the security's forfeiture. 4.3 In case of Domestic Bidders, the Bid Security shall be in the form of an

irrevocable Bank Guarantee (in the format as given in Chapter- 8) or demand draft issued by any Indian Nationalized / Scheduled Bank (other than Co-

operative Bank). In case of Foreign Bidders, the Bid Security shall be in the form of an irrevocable Bank Guarantee (in the format as given in Chapter- 8)

issued by any Indian Nationalised / Scheduled Bank (other than Co-operative

Bank) or by a reputed International Bank duly Confirmed by an Indian nationalized/scheduled bank located in India acceptable to HPCL or crossed

Bank Draft from a first class International Bank or an Indian Scheduled Bank (other than Co-operative Bank). Bid security shall be issued in favour of M/s

Hindustan Petroleum Corporation Limited, payable at Mumbai 4.4 Unsuccessful Bidder‟s bid security will be discharged/returned as promptly as

possible, but not later than 60 days after the expiry of the period of bid validity prescribed by the Owner.

4.5 The successful Bidder‟s bid security will be discharged upon the Bidder‟s accepting the Contract/ Purchase Order, and furnishing the Contract

Performance Bank Guarantee.

4.6 The bid security may be forfeited:

a) If a Bidder withdraws his bid during the period of bid validity

or b) In the case of a successful Bidder, if the Bidder fails or refuses to:

i) Accept the Purchase Order in accordance with agreed terms and conditions.

ii) Furnish Contract performance bank guarantee as per bid document/

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Purchase Order. iii) Accept arithmetical corrections to his bid as specified in clause no

17.2 of ITB.

4.7 Bid Security should be in favour of Hindustan Petroleum Corporation Limited

(HPCL) and addressed to HPCL, Gresham Assurance House, 2nd floor, Sir P.M.Road, Fort, Mumbai-400001. However, original Bid Security should be

enclosed separately in a sealed cover and submitted along with the bid. Bid Security must indicate the Bid Document number and the item for which the

Bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be strictly in the form provided in the bid document.

4.8 Bidders are advised to instruct their banks not to post Bid Security directly to

Owner as the same has to be submitted along with the bid.

4.9 Central Public Sector Undertaking of Govt. Of India are exempted from furnishing the bid security. Firms registered with NSIC are also exempted from

furnishing bid security, provided they are registered for the tendered items. Provided further that they submit a copy of the current and valid registration

certificate for the quoted item. Owner reserves right to verify the registration

certificate provided, with relevant authorities.

4.10 Bid security shall be valid for six months from the bid due date/extended bid due date.

5 CONTRACT PERFORMANCE BANK GUARANTEE [CPBG]

5.1 The following shall be read in conjunction with clause 29 of General Purchase

Conditions (Indigenous) and clause 11 of General Purchase Conditions (lmports).

5.1.1 The successful Bidder, to whom the work is awarded, shall be required

to furnish within 30 days of notification of award of contract (Letter/ Fax of Intent) a Performance Bank Guarantee as per proforma attached

herewith, in favour of the Owner.

5.1.2 CPBG amount shall be equal to FIFTEEN PERCENT (15%) of the Total

Order Value. This CPBG is required to be furnished towards the faithful performance of the Order in accordance with the Terms and conditions

specified in the documents and specifications.

5.2 In case of Domestic bidders, the CPBG shall be in the form of irrevocable Bank guarantee as per the format enclosed in the tender document issued by any

Indian Nationalised / Scheduled Bank (Other than Co-operative Banks). In

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case of Foreign Bidders, the CPBG shall be in the form of an irrevocable Bank Guarantee as per the format enclosed in the tender document issued by any

Indian Nationalised / Scheduled Bank (other than Co-operative Bank) or by a reputed International Bank duly confirmed by an Indian Nationalised /

Scheduled Bank located in India, acceptable to HPCL. CPBG shall be issued in

favour of "M/s Hindustan Petroleum Corporation Limited".

5.3 The Bank Guarantee shall be valid for 3 months beyond the end of the guarantee / warranty period. The guarantee amount shall be payable without

demur and demand to the Owner in the currency of the Contract.

5.4 The Total Order Value for this purpose shall be as under:

5.4.1 Indian Bidders :

Total Basic Value of the order.

5.4.2 Foreign Bidders :

Total FOB port of shipment value.

5.4.3 The proceeds of Performance Security shall be appropriated by the owner as

compensation for any loss resulting from the Vendor's failure to complete his obligations under the Contract without prejudice to any of the rights or

remedies the Owner may be entitled to as per terms and conditions of Contract. The proceeds of this Performance Security shall also govern the

successful performance of Goods and Services and Vendor's all obligations during the entire period of Contractual Warrantee / Guarantee.

5.4.4 In case, the Contract Performance Bank Guarantee stated above gets reduced

/ deducted for reasons of non-fulfillment of any Contractual obligations upto the completion of guarantee period, the Bidder shall immediately take action

to increase the value of Bank Guarantee to FIFTEEN PERCENT (15%) of the Contract price, to cover his guarantee / warranty obligations.

5.4.5 The Performance Guarantee will be returned to the Bidder without any interest at the end of the warranty / guarantee period subject to fulfillment of all

contractual obligations by the Bidder.

5.4.6 Seller shall guarantee that the performance of the item supplied under the CONTRACT shall be strictly in conformity with the specifications and shall

perform the duties specified under the CONTRACT.

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6 PRICE REDUCTION FOR DELAY IN COMPLETION

6.1 In the event of delay beyond the Contractual delivery date for reasons not

attributable to Owner and not constituting conditions of force majeure, it will be at Owner's discretion, without prejudice to his other rights under the

Contract, to accept delayed delivery, but at the prices reduced at the rate of 1/2% (half percent) of the total order value per week of delay, subject to a

maximum of 5% (Five percent) of the total order value. For fractional days,

price reduction shall be applicable on pro-rata basis.

6.2 Further, in case of delay in delivery, the Vendor shall calculate the applicable price reduction for delayed completion and raise their invoices net of the

same.

6.3 The Total Order Value for this purpose shall be as under:

6.3.1 Indian Bidders :

Total Basic Value of the order.

6.3.2 Foreign Bidders :

Total FOB port of shipment value.

7 INSURANCE :

7.1.1 The Owner will arrange insurance policy (in case of imports only) for insurance

of equipment and material, included under the scope of contract, to cover risks in transit by Road during inland transportation up to the Project Site.

7.1.2 The Foreign Vendor shall furnish despatch particulars of each consignment

including its value immediately to the Insurance Company, if for any delay in intimating despatch particulars to the Insurance Company on the part of the

Vendor the claims are rejected, the Vendor shall be fully responsible for replacement of the damaged equipment, without any cost to Owner.

7.1.3 IN CASE OF INDIAN BIDDERS, TRANSIT INSURANCE SHALL BE TO THEIR

ACCOUNT.

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8 PAYMENT TERMS

8.1 Supply

In supersession of the Payment terms specified in the General Purchase

Conditions, the following payment terms shall be applicable

8.1.1 Indian Bidder:

As per clause of clause no. 23 of Chapter VI.

8.1.2 Foreign bidders

100 % prorate payment for rates quoted against supply items, against shipping documents through L/C. The shipping documents shall include Bill

of Lading, Packing list, Freight Memo, country of origin certificate, test certificate, Purchaser inspection release note, drawings, catalogue etc. as

specified in Technical Specifications.

Notes:

(i) All foreign currency payments (for supplies) to foreign Bidder shall be

released through an irrevocable Letter of Credit, which shall be opened through Government of India Nationalized Bank and hence shall not be

confirmed.

In case any Bidder insists on confirmation, charges towards confirmation shall be borne by him. LC shall be established within 60 days after

receipt of unconditional acceptance of Letter/ Fax of Intent together with Contract Performance Bank Guarantee for 15% of Total Order value.

(ii) The bills of domestic vendors will be reduced by the amount recoverable

towards Price reduction for delay (Clause No. 6 of this Section) in case of delay in delivery. For this purpose the Bidder shall negotiate the

Invoice with the reduced amount.

(iii) In case of foreign Vendor, all remittance of Rupee component shall be

made directly to the Vendor payable within India. For this purpose, Vendor shall undertake necessary formalities including opening of bank

account in India. All connected liabilities on account of this shall be to Vendor's account.

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(iv) Only the charges of Owner's Bank in India shall be to Owner's account. All other Bank charges including those in Bidder's country shall be to

Bidder's account.

(v) All payments shall be made in the Currency quoted.

(vi) No Interest charges for delay in payments, if any, shall be payable by

the Owner.

9 LIABILITY CLAUSE

It is expressly understood and agreed by and between Bidder and M/s Hindustan Petroleum Corporation Limited, (Indian Public Sector Undertaking) that M/s

Hindustan Petroleum Corporation Limited is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it

is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is

expressly understood and agreed that M/s Hindustan Petroleum Corporation Limited is an independent legal entity with power and authority to enter into

contracts solely on its own behalf under the applicable Laws of India and general

principles of Contract Law. The Bidder expressly agrees, acknowledges and understands that M/s Hindustan Petroleum Corporation Limited, is not an agent,

representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any

acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly Bidder hereby expressly waives, releases and foregoes any

and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising cut of this contract and covenants

not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement.

10 DELETED

11 DEFINITIONS/NOTES

11.1 The terms 'Bidder', 'Contractor', 'Seller'; "Supplier or Vendor' stated anywhere in the Bid Document carry the same meaning.

11.2 The terms 'Client', 'Owner', 'Purchaser Order‟ stated any where in the Bid

Document refer to Hindustan Petroleum Corporation Limited (HPCL).

11.3 The term 'Contract', 'Order' or 'Purchase Order' stated anywhere in the Bid Document carry the same meaning.

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11.4 The term 'MR‟ means 'Material Requisition' containing technical requirements and scope of work (technical), 'GPC‟ means General Purchase

Conditions' containing commercial terms & conditions, 'PR‟ means Purchase Requisition' issued after award of contract incorporating agreed deviations in

MR, 'ATC‟ means Agreed Terms & Conditions', 'RFQ‟ means Request For

Quotation'.

11.5 General Purchase Conditions for Imports, is applicable for the foreign Vendors.

11.6 The enclosed 'Agreed Terms and Conditions' shall be duly filled in and

enclosed with the bids.

11.7 In the event of any contradictions between these Instructions to Vendors/Special Conditions of Purchase and other Sections of Bid Document,

the terms specified under this Section shall prevail.

11.8 For the purpose of contract, the trade terms FOB, CFR and CIF shall have the meanings as assigned to them by INCOTERMS 2000 published by ICC,

Paris.

11.9 Site/Site(s)/stations wherever specified in the bid document shall mean the

designated Project terminals/stations/site(s) as specified in the enclosed Material Requisition.

11.10 Any reference to the Govt. Acts / Regulations etc. in the Bid Document is

only indicative, and it is entirely for the Vendor to ascertain the applicable Acts/Regulations.

11.11 Port of entry will be “NAVASHEVA- JLNPT (JAWAHAR LAL NEHRU PORT

TRUST)”, Mumbai for supplies by Foreign vendors.

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CHAPTER VI

GENERAL PURCHASE CONDITIONS FOR INDIGENOUS

MATERIALS AND EQUIPMENTS

INDEX

1. DEFINITION

2. REFERENCE FOR DOCUMENTATION 3. CONFIRMATION OF ORDER

4. SALES CONDITIONS 5. COMPLETE AGREEMENT

6. INSPECTION-CHECKING-TESTING 7. OFFICIAL INSTITUTIONAL TESTING

8. EXPEDITING 9. WEIGHTS AND MEASUREMENTS

10. DESPATCH INSTRUCTIONS 11. OILS & LUBRICANTS

12. SPARE PARTS

13. PACKING AND MARKING 14. SHIPMENT AND SHIPMENT NOTICES

15. CONTROL REGULATIONS 16. TRANSIT RISK

17. RESPECT FOR DELIVERY DATES 18. DELAYED DELIVERY

19. DELAYS DUE TO FORCE MAJEURE 20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER 22. PRICE

23. TERMS OF PAYMENT 24. INVOICING

25. RECOVERY OF SUMS DUE 26. CHANGES

27. CANCELLATION

28. PATENTS AND ROYALTIES 29. PERFORMANCE GUARANTEE

30. NONWAIVER 31. NON ASSIGNMENT

32. PART ORDER / REPEAT ORDER

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33. VENDOR‟S DRAWINGS AND DATA REQUIREMENT 34. TECHNICAL INFORMATION

35. SERVICES OF VENDOR‟S PERSONNEL 36. VENDOR‟S LIABILITY

37. OWNER‟S MATERIAL

38. HEADINGS 39. ARBITRATION

40. JURISDICTION 41. VAT Set-off

1. DEFINITIONS The following expressions used in the Purchase Order shall have meaning

indicated against each of these:

The OWNER means Hindustan Petroleum Corporation Limited, a company incorporated in India having its registered office at 17, Jamshedji Tata Road,

Mumbai - 400 020, and shall include its successors and assignees. "Goods / Materials": Goods and / or Materials shall mean any of the articles, materials,

machinery, equipments, supplies, drawings, data and other property and all services including but not limited to design, delivery, installation, inspection,

testing and commissioning specified to complete the order.

"Vendor" Vendor shall mean the person, firm or corporation to whom this

purchase Order is issued.

"Contractual Delivery Date": Contractual Delivery date is the date on which goods shall be delivered F.O.R / F.O.T. Despatching Point / destination in

accordance with the terms of the Purchase Order. This contractual delivery date / period is inclusive of all the lead time for engineering, procurement of

raw materials, manufacturing, inspection, testing packing and any other activity whatsoever required to be accomplished for effecting the delivery at the agreed

delivery point. "Procurement Coordinators / Managers and Consultants,": Owners authorized

representatives appointed as Procurement Coordinator / Managers & Consultants'.

"Inspectors": Inspectors deputed by Owner or Procurement Coordinator / Managers & Consultants.

'Total Order Value' shall be construed to include only the total basic value of all the items included in the FOI / LOI / PO, exclusive of duties / taxes / freight

etc., for the purpose of calculation of :

a) Price reduction on account of delayed deliveries

b) Performance Bank Guarantee Amount

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2. REFERENCE FOR DOCUMENTATION

Purchase Order number must appear on order continuation, correspondence,

drawings, invoices, shipping notes, packings and on any documents or papers

connected with the order.

3. CONFIRMATION OF ORDER

The Vendor shall acknowledge the receipt of the Purchase Order within ten days following the mailing of this order and shall thereby confirm his acceptance of

this Purchase Order in its entirety without exceptions. The acknowledgment will bear on both purchase order and General Purchase Conditions.

4. SALES CONDITIONS

With Vendor's acceptance of provisions of this Purchase Order, he waives and

considers as canceled any of his general sales conditions.

5. COMPLETE AGREEMENT

The terms and conditions of this Purchase Order shall constitute the entire agreement between the parties hereto. Changes will be binding only if the

amendments are made in writing and signed by an authorized representative of the Owner and the Vendor.

6. INSPECTION-CHECKING-TESTING

The equipment, materials and workmanship covered by the Purchase Order

shall be subject to inspection and testing at any time prior to shipment and or despatch and to final inspection within a reasonable time after arrival at the

place of delivery. Inspectors shall have the right to carry out the inspection and testing which will include the raw materials at manufacturer‟s shop, at

fabricator's shop and at the time of actual despatch before and after completion of packing.

All tests, mechanical and others and particularly those required by codes will be performed at the Vendor's expenses and in accordance with Inspector's

instructions. The Vendor will also bear the expenses concerning preparation and rendering of tests required by Boiler Inspectorate or such other statutory

testing agencies or by any other reputed inspection agencies as may be nominated by the Owner.

The salaries and fees of Inspectors and their traveling, lodging and boarding

expenses will not be borne by the Vendor unless inspection becomes

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infructuous due to any omission or commission on the part of the Vendor. Before shipping or dispatch , the equipment and or materials will have to be

checked and stamped by inspectors who are authorized also to forbid the use and despatch of any equipment and / or materials which during tests and

inspection fail to comply with the specifications, codes and testing

requirements.

The vendor shall inform Procurement Coordinators / Managers at least eight days in advance of the exact place, date and time of rendering the equipment

or materials for required inspection.

Provide free access to inspectors during normal working hours to Vendor's or his/its sub-Vendor's works and place at their disposal all useful means of

performing, checking, marking, testing, inspection and final stamping.

Even if the inspections and tests are fully carried out, Vendor would not be absolved to any degree from his responsibilities to ensure that all equipments

and materials supplied comply strictly with requirements as per agreement both during construction, at the lime of delivery, inspection, on arrival at site and

after its erection or start-up and guarantee period as stipulated in clause 29

hereof.

The Vendor's responsibility will not be lessened to any degree due to any comments made by Procurement Coordinators / Managers and Inspectors on

the Vendor's drawings or by Inspectors witnessing any chemical or physical tests.

In any case, the equipment and materials must be in strict accordance with the

Purchase order and/or its attachments failing which the Owner shall have the right to reject the goods and hold the Vendor liable for non-performance of

contract.

7. OFFICIAL INSTITUTIONAL TESTING

In addition to testing and inspection by Inspectors mentioned above, nominated

agencies or similar institutional agencies like Boiler Inspectorate may be assigned for official testing of all coded equipment. The Vendor shall ensure

that all Procedures for preparation and performance of tests prescribed by such Institutions shall be completed scrupulously.

The Vendor is required to send to such institutions as may be designed by the

Owner at least three sets of construction drawings for each equipment and calculations. All manufacturer's mill's tests certificates and analytical reports

from material laboratories in respect of all raw materials and components

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employed shall have to be presented to such institution's Inspectors in the number of copies required. Vendor shall be responsible for any delay in

submission of necessary certificates.

The Vendor shall maintain close liaison with Procurement Coordinators and

Institution's Inspectors to maintain schedule and delay, if any in this process will not be taken into consideration as a cause of Force Majeure.

8. EXPEDITING

Procurement Coordinators / Managers have been assigned to expedite both

manufacture and shipment of equipment and materials covered by the Purchase Order. The Procurement Coordinators / Managers shall have free access to

Vendor's shop and/or sub suppliers' shop at any time and they shall be provided all the necessary assistance and information to help them perform their job.

In order to facilitate over-all execution of the order within the contractual

delivery date, Vendor shall furnish to Procurement Coordinators / Managers within 4 weeks of receipt of Purchase Order the required number of copies of

documents such as, but not limited to, schedules/pert charts. Unpriced copies

of sub orders / sub-contracts, phased program of item wise manufacturing, testing and delivery and any other information / documentation as may be

called for the correspondence procurement co-ordinators / Managers. All post order shall be addressed to the following:

PRAKASH KUMAR Sr. Manager-Project Execution

Project and Pipelines Dept Hindustan Bhavan,

8, S V Marg, Ballard Estate,

MUMBAI - 400001 India.

Tel.: +91 022-22637128 e-mail ID - [email protected]

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9. WEIGHTS AND MEASUREMENTS

All weights and measurements recorded by Procurement Coordinators / Managers on receipt of goods at site will be treated as final.

Vendor's shipping documents and invoices must contain the following data:

I) Unit net weight II) Unit gross weight (packing included)

III) Dimensions of packing.

10. DESPATCH INSTRUCTIONS

10.1 Unless otherwise specifically advised in writing, goods shall not be despatched without prior inspection, testing and Release Order / Materials Acceptance

Certificates issued by Inspectors.

10.2 In case despatch by rail is specified in the Purchase Order. Vendor shall

exercise due care and ensure that the consignment shall be booked under appropriate railway classification, failing which, any additional freight incurred

by Owner due to Vendor's booking the material under a wrong classification shall be to Vendor's account.

10.3 The goods shall be consigned in the name of consignee which will be informed

in due course, by the most economical road transport as specified in Purchase Order.

Owner‟s warehouse is open to receive Material between 9 AM and 3 P.M on all

working days. No goods will be accepted after 3 PM.

10.4 Owner / Procurement Coordinators / Managers reserve the right to advise any

change in despatching point / destination and / or mode of transport, as may

be required.

11. OILS & LUBRICANTS

The first filling of oils and lubricant, if any, required for every equipment shall be included in the price and appropriate product manufactured by Hindustan

Petroleum Corporation Ltd. shall be used. The Vendor shall also recommend the quality / quantity of oils and lubricants required for one year continuous

operation.

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12. SPARE PARTS

The Vendor must furnish itemised price list of spare parts required for two years operation of the main equipment and prime movers also.

The Vendor shall provide the necessary cross sectional drawing to identity the

spare parts numbers and their location as well as inter-changeability chart.

13. PACKING AND MARKING

All fragile and all exposed parts will be packed with care and the packages shall bear the words: "WITH CARE" both in English and Hindi.

All nozzles, pipes and all sheets shall be marked with strips bearing

progressive numbers.

All holes and openings as also all delicate surfaces, shall be carefully protected

against bad weather.

All threaded fittings shall be greased and provided with plastic caps.

All manufactured surface shall be painted with rust proof paint.

All small pieces shall be packed in cases.

The Vendor shall be held liable for all damages or breakage to the goods due to detective or insufficient packing as well as for corrosion due to insufficient

protections.

On three sides of the packages, the following marks shall appear clearly visible and in indelible paint and at Vendor's care and expenses:

From :

For : Hindustan Petroleum Corporation Limited

Destination :

Order No. :

Rev. No. :

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Item :

Net weight :

Case No. :

Of total cases :

Dimensions :

For every order and every shipment, package must be marked with serial

progressive numbering. All packages that require special handling and transport should have their centres of gravity and points at which they may be

slung or gripped clearly indicated and marked: "ATTENTION SPECIAL LOAD HANDLE WITH CARE" both in Hindi and English language.

14. SHIPMENT AND SHIPMENT NOTICES

The Vendor shall make shipment only after prior approval by Inspectors

whenever specifically mentioned. In the event of the Vendor having been

advised to hold shipment(s) for any reason whatsoever the Vendor shall hold the materials in his/its warehouse for at least 30 days without any

compensation; or without prejudice to any reduction in price already accrued on account of delay.

Immediately after shipment, Vendor shall inform despatch particulars to

Owner / Procurement Coordinators as informed during the course of project.

The Vendor shall carefully note the destination of materials.

The demurrage or other expenses incurred owing to any negligence, delay, default on the part of the Vendor will be to Vendor's account.

15. CONTROL REGULATIONS

The supply, despatch and delivery of goods shall be arranged by the Vendor in strict conformity with the statutory regulations including provision of

Industries (Development and Regulation) Act 1951 and may amendment thereof as applicable from time to time. The Owner disowns any responsibility

for any irregularity or contravention of any of the statutory regulations in manufacture or supply of the stores covered by this order.

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16. TRANSIT RISK

In case of Indian Bidders Transit Insurance shall be arranged by Bidder &

Charges are to be mentioned in price bid.

17. RESPECT FOR DELIVERY DATES.

Time of delivery as mentioned in the Purchase Order shall be the essence of

the contract and no variation shall be permitted except with prior authorization in writing from the Owner. Goods should be delivered securely

packed and in good order and condition at the place and within the time specified in the Purchase Order for their delivery. Where no delivery period is

expressly stated, it shall be construed as seven days from the date of placing the order. The Owner reserves the right to defer the period of delivery in

writing. Where no delivery is expressly stated, it shall be construed as seven days (from the date of LOI).

18. DELAYED DELIVERY

The time and date of delivery of stores / materials / equipment as stipulated in the order shall be deemed to be the essence of contract. In case of delay

in execution of the order beyond the' date of delivery as stipulated in the order or any extension sanctioned, the Owner may at his option either:

i) Accept delayed delivery at prices reduced by a sum equivalent to ONE HALF

OF ONE percent (1/2 %) of the basic value of goods not delivered for every week of delay (for fractional days, LD shall be applicable on pro-rata basis),

limited to a maximum of 5 % OF TOTAL BASIC ORDER VALUE,

or

ii) Cancel the order in part or full and purchase such canceled quantities from elsewhere on account and at the risk of Vendor, without prejudice to its rights

under (i) above in respect of goods delivered.

For supplies effected beyond the scheduled delivery period, no increase in

duties / taxes due to reasons not attributable to Owner, shall be paid. In case of any decrease in the duties / taxes, the same shall be passed on to the

owner.

In case of delay, if vendor wishes to submit any justification, the same may be submitted within four weeks of despatch of last item. No claim thereafter will

be entertained by the Owner.

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19. DELAYS DUE TO FORCE MAJEURE

Any delay in or failure of the performance of either part hereto shall not

constitute default hereunder or give rise to any claims for damage, if any, to

the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by

Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Contractor shall keep records of the

circumstances referred to above and bring these to the notice of the Engineer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The

amount of time, if any, lost on any of these counts shall not be counted for the Contract period. Decision of the Owner arrived at after consultation with

the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within

such extended period of time.

If Contractor is prevented or delayed from the performing any of its obligations under this Agreement by Force Majeure, then Contractor shall

notify Owner he circumstances constituting the Force Majeure and the

obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events

20. REJECTION, REMOVAL OF REJECTED GOODS AND REPLACEMENT

In case the testing and inspection at any stage by Inspectors reveal the

equipment, material and workmanship do not comply with specification and requirements, the same shall he removed by the Vendor at his its own

expense and risk within the time allowed by the Owner. The Owner shall be at liberty to dispose of such rejected goods in such manner as may think

appropriate. In the event, the Vendor fails to remove the rejected goods within the period as aforesaid, all expenses incurred by the Owner for such

disposal shall be to the account of the Vendor. The freight paid by the Owner, if any, on the inward journey of the rejected materials shall be reimbursed by

the Vendor to the Owner before the rejected materials are removed by the

Vendor.

The Vendor will have to proceed with the replacement of that equipment or part of equipment without claiming any extra payment if so required by the

Owner. The time taken for replacement in such event will not be added to the contractual delivery period.

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21. TRANSFER OF PROPERTY FROM THE VENDOR TO THE OWNER

The transfer of property shall be deemed to have taken place as follows subject to the provisions herein contained:

21.1 F.O.R. or F.O.T dispatch point: On handing over the equipment to the carrier against receipt and such receipt having been passed over to the Owner.

21.2 FOR destination station: On taking delivery from the transporters / railways at

the destination station.

21.3 Equipment sent freight carriage paid to the project Site: On arrival under lifting hook at the job site.

21.4 Equipment erected by the Vendor on temporary acceptance at job site.

21.5 Equipment commissioned by the Vendor: On taking over by the Owner for regular operation after test runs at maximum capacity for specified period

satisfactorily performed.

22. PRICE

Unless otherwise agreed to in the terms of the Purchase Order the price shall be:

(a) Firm and not subject to escalation for any reason whatsoever till the execution

of entire order, even though it might be necessary for the order execution to take longer than the delivery period specified in the order.

b) Inclusive of adequate road / railworthy packing and forwarding charges up to

effecting delivery at F.O.R F.O.T. despatch point in all cases and road / railway freight whenever F.O.R / F.O.T. destination delivery terms are agreed

to but exclusive of transit insurance.

Exclusive of Central / State sales Tax, Excise Duly and or such imposts which

are leviable by law on sale of finished goods to owner and / or Octroi duty if any leviable at destination project site. The nature and extent of such levies

shall be shown separately.

23. TERMS OF PAYMENT

Payment against invoice shall be made on receipt of equipment / materials at

site against submission of following documents along with your Bill / Invoice:

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i) Delivery Challan / Lorry Receipt

ii) Manufacturer's Test Certificate iii) Third Party inspection / Clearance report

Iv) Manufacturer's Guarantee Certificate

v) Performance Bank Guarantee for 15 % Basic Order Value vi) Any other document specified in the Purchase Order.

75% of the bill amount duly recommended by consultant / user

shall be paid in 7 days of receipt of bill

Balance 25% will be paid after verification / certification, in 15

days of receipt of bill.

Payment shall be made within 15 days of receipt of bill at our disbursement section at Gresham Assurance House 2

nd floor, Sir P M Road, fort, Mumbai 400

001

Please note that HPCL cannot make any advance payment with order OR against dispatch documents through Bank.

The financial settlement of Vendor's invoice is liable to be withheld in the

event the Vendor has not complied with submission of drawing data and such documentation as called for in Purchase Order and / or as required otherwise.

Payments against the PO finalised through this tender will be effected through

e -payment mode only. In case the order is finalised on you and the mandate

for processing e-payment has not been submitted by you, then the payment will not be effected till the submission of e - mandate by you and updation of

necessary records at our end. Any consequent delays in payments will be to your account and HPCL shall not be responsible for the same.

24. INVOICING

Invoices and other documents such as TR/RR/GC note, delivery challan etc.

shall be sent to the addresses as informed in due course.

25. RECOVERY OF SUMS DUE

Whenever any claim against the Vendor for payment of a sum of money arises out of or under tile contract, the Owner shall be entitled to recover such sums

from any sum them due or which at any time thereafter may become due

from the Vendor under this or any other contract with the Owner and should

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this sum be not sufficient to cover tile recoverable amount, tile Vendor shall pay to the Owner on demand tile balance remaining due.

26. CHANGES

The Owner has the option at any time to make changes in quantities ordered or in specification and drawings. If such changes cause an increase or

decrease in the price or in the time required for supply, an equitable adjustment under this provision must be finalised within 10 days from the

date when change is ordered.

27. CANCELLATION :

The Owner reserves the right to cancel this Purchase Order or any part thereof and shall be entitled to rescind the contract wholly or in part in a written

notice to the Vendor if,

(i) The Vendor fails to comply with the terms of this Purchase Order.

(ii) The Vendor fails to deliver the goods on time and or replace the

Rejected goods promptly.

(iii) The Vendor becomes bankrupt or goes into liquidation.

(iv) The Vendor makes a general assignment for the benefit of creditors.

(v) A receiver is appointed for any of the property owned by the Vendor.

Upon receipt of the said cancellation notice, the Vendor shall discontinue all work on the Purchase Order and matters connected with it.

The Owner in that event will be entitled to procure the requirement in the

Open market and recover the excess payment over the Vendor's agreed price, if any, from the Vendor, reserving to itself the right to forfeit the security

deposit, if any made by the Vendor against the contract.

The Vendor is aware that the said goods are required by the Owner for the

ultimate purpose of materials production and that non delivery may cause loss of production and consequently loss of profit to the Owner, In the event of the

Owner exercising the option to claim damages for non-delivery other than by way of difference between the market price and the contract price, the Vendor

shall pay to the Owner the fair compensation to be agreed upon between the Owner and the Vendor.

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The provision of this clause shall not prejudice the right of the Owner from invoking the provisions of clause' Delayed Delivery as aforesaid.

28. PATENTS AND ROYALTIES

On acceptance of this order, the Vendor will be deemed to have entirely indemnified the Owner and Procurement Coordinators/Managers from any

legal action or claims regarding compensation for breach of any patent rights.

29. PERFORMANCE GUARANTEE

The Vendor shall guarantee that any and all materials used in execution of the Purchase Order shall be in strict compliance with characteristics, requirements

and specifications agreed upon and that the same shall be free from any defects.

Checking of Vendor's drawings by Procurement Coordinators/Managers and

their approval and permission to ship or despatch the equipment and materials, granted by inspectors shall not relieve the Vendor of any part of

his/its responsibilities of proper fulfillment of the requirements. The Vendor

will guarantee that all materials and equipment shall be repaired or replaced as the case may be at his own expense in case tile same have been found to

be defective in respect of materials, workmanship or smooth and rated operation within a period of 12 months after the same have been put in

service or 24 months from the date of shipment whichever is earlier.

The guarantee period for the replacement part shall be twelve months starting from the date on which the replacements are put in service. Acceptance by the

Owner or Inspectors of any equipment and materials or their replacement will not relieve the Vendor of his/its responsibility concerning tile above

guarantees. The Vendor shall furnish a bank guarantee (as per proforma hereunder) to support Vendor's performance along with documents for the

first consignment. This bank guarantee shall remain in force for the entire period covered by tile performance guarantee.

The Vendor shall furnish a single bank guarantee (as per proforma enclosed) to support Vendor's performance along with documents for the first

consignment. This bank guarantee shall remain in force for the entire period covered by the performance bank guarantee. Multiple Bank Guarantees shall

not be acceptable. In case of multiple deliveries/consignments, 15% Bank Guarantees shall have to be given along with the first supply/invoice, failing

which the amounts will be retained in cash towards the above from running bills and will be refunded to the party upon submission of Performance Bank

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Guarantee with the final payment, submission of Bank Guarantees in intervening period will not be permitted.

You will furnish performance Bank Guarantee in favour of HPCL issued by any

Scheduled bank (other than co-operative banks) for 15 % of total basic value

of the material supplied and valid upto a period of 3 months beyond the expiry of defect liability period.

30. NON WAIVER

Failure of the Owner/Procurement Coordinators/consultants to insist upon any

of the terms or conditions incorporated in the Purchase Order or failure or delay to exercise any right or remedies or by law or failure to properly notify

Vendor in the event of breach, or the acceptance of, or payment of any goods hereunder or approval of design shall not release tile Vendor and shall not be

deemed a waiver of any right of the owner or procurement Coordinators / Managers to insist upon the strict performance thereof or of any of his or their

rights or remedies as to any such goods regardless of when goods are shipped, received or accepted nor shall any purported oral modification or

revision of the order by Procurement Coordinators / Managers act as waiver of

tile terms hereof.

31. NON ASSIGNMENT

The Purchase Order shall not be assigned to any other agency by the Vendor without obtaining prior written consent of Owner.

32. PART ORDER / REPEAT ORDER

Vendor hereby agrees to accept part orders at Owner's option without any

limitation whatsoever and also accept repeat order during a period of six months after placement of purchase order at the same unit prices, terms and

conditions.

33. VENDOR'S DRAWINGS AND DATA REQUIREMENT :

The Vendor shall submit drawings, data and documentation in accordance with but not limited to what is specified in the requisition and / or in Vendor

drawings and data form attached to the Purchase Order as called for in clause 8, viz, 'Expediting' above. The types, quantities and time limits of submitting

this must be respected in its entirety failing Which the Purchase Order shall not be deemed to have been executed for all purposes including settlement of

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payment since the said submission is an integral part of Purchase Order execution.

34. TECHNICAL INFORMATION

Drawings, specifications & details shall be the property of the Owner and shall be returned by the Vendor on demand. The Vendor shall not make use of

drawing and specifications for any purpose at any time save and except for the purpose of the Owner.

The Vendor shall not disclose the technical information furnished to or gained

by the Vendor under or by virtue or as a result of the implementation of this Purchase Order to any person, firm or body or corporate authority and shall

make all endeavors to ensure that the technical information is kept CONFIDENTIAL.

The technical information imparted and supplied to the Vendor by the Owner

shall at all times remain the absolute Property of the Owner.

35. SERVICES OF VENDOR'S PERSONNEL

Upon two weeks advance notice, the Vendor shall depute the necessary

personnel to site for supervision of erection and start up of the equipment and train few of the Owner's personnel for the operation and maintenance of the

equipment if required, by the Owner. The terms and conditions for the services of the Vendor shall be mutually settled.

36. VENDOR'S LIABILITY

The Vendor's workmen or employees shall under no circumstances be deemed

to be in Owner's employment and the Vendor shall hold himself responsible for any claim or claims which they or their heirs. dependents, personal

representatives may have or make for damages or compensation for anything done or committed to be done in the course of carrying out the work covered

by this Purchase Order. whether arising on Owner premises or elsewhere and

agrees to indemnify the Owner against any such claim or claims if made against the Owner and all cost ( between attorney and client) of proceedings,

suits or action which the Owner may incur / sustain in respect of the same. The Vendor shall also procure and keep in force at his own cost

comprehensive Automobile Liability insurance for adequate. coverage in respect of all his vehicles visiting or plying in project premises. The Vendor

shall also be responsible for compliance of existing laws in respect of their workman and employees.

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37. OWNER'S MATERIAL

(a) Owner's material shall be delivered to the Vendor against submission of Bank Guarantee for indemnifying the full value there of strictly in the manner and

as per proforma of bank Guarantee approved by the Owner.

(b) Wherever possible the material shall be consigned to Vendor's siding. In the

event the Vendor does not have any siding, materials shall be consigned to the Public siding/goods depot to be specifically confirmed by Vendor Loading /

Unloading and any handling from the siding/destination shall be arranged by the Vendor at his responsibility and cost

(c) The Vendor shall give a firm and binding list of Owner issue materials and the

desired schedule of its delivery to Shop floor strictly in accordance with the sequence of fabrication vis-a-vis the contract delivery period.

(d) Unused material or scrap from material supplied by the Owner to the Vendor

shall be returned by the Vendor to the Owner or if the owner so directs, the Vendor may dispose of the same by sale or otherwise on such terms and

conditions as the Owner may stipulate and the Vendor shall pay to the owner

the sale proceeds of the material so disposed by sale deducting there from expenses incurred by the Vendor on such sale, the quantum of such deduction

to be mutually agreed upon in advance between the Owner and the Vendor.

38. HEADINGS

The headings of the conditions hereof shall not affect construction thereof.

39. ARBITRATION :

a) All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

b) The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank of Ch. Manager & above or any retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences

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between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference.

c) In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.

d) Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.

e) The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.

f) The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable tolhe concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

g) The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary.

h) The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000 /- per case for transportation contracts and Rs. 60,000 /- for engineering contracts and if the sole Arbitrator completes the arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25% on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt of award by the parties.

i) Subject to the aforesaid, the provisions of the # Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under, shall apply to the Arbitration proceedings under this Clause.

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j) The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the exclusive jurisdiction of the Courts situated at Mumbai for all purposes. The Arbitration shall be held at Mumbai and conducted in English language.

k) The Appointing Authority will be Director - Marketing of Hindustan Petroleum Corporation Limited.

40. JURISDICTION

The Vendor hereby agrees that the Courts, situated in Mumbai alone shall have the jurisdiction to hear and determine all actions and proceedings arising out of this

contract. 41. Issue of “C” Form & VAT Set-off :

All bidders are requested to note that the evaluation will be carried out on

“net of VAT” basis, in the states where VAT set-off is available. Bidders quoting VAT must be registered in the respective State of supply and must

provide VAT Invoice, in order to enable HPCL to avail the VAT set -off. The Tax invoices must contain the following details.

a) Name, address & TIN No. of Seller.

b) Serial No. & date of Invoice.

c) Date of Delivery

d) Description of goods

e) Quantity / Volume of goods

f) Rate of tax for each category of goods

g) Total value of the goods sold, with the VAT element indicated separately.

Bidders to note that :

a. No set - off is available for supplies against CST.

b. In case bidders quote all inclusive rate, and VAT component cannot be ascertained, then no set – off will be given.

c. In the un-priced bids, bidders should indicate whether they have quoted VAT or CST.

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CHAPTER -VII

GENERAL PURCHASE CONDITIONS FOR IMPORTS/

FOREIGN BIDDERS

INDEX

1. DEFINITIONS

2. PRICES

3. PAYMENT TERMS

4. REPEAT ORDER

5. VENDOR'S SALES CONDITIONS

6. IMPORT LICENCE .

7. DELIVERY & DELAYS

8. DELAYS AND NON CONFORMANCE

9. INSPECTION-GHECK- TESTING'

10. REVISIONS CHANGES AND CANCELLATION 11. WARRANTEES GUARANTEES

12. NON-ASSIGNMENT

13. PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS

14. SUBSTITUTION AND WRONG SUPPLIES

15. ARBITRATION

16. PACKING

17. MARKING

18. SHIPPING

19. DOCUMENTATION

20. SHIPPING ADVICE

21. TECHNICAL INFORMATION

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1.0 . DEFINITION :

1.1 Purchaser : Purchaser means HPC Ltd. having registered office at 17 Jamshedji

Tata Road, Mumbai - 400 020. The term purchaser includes successors and assigns of HPCL.

1.2 Vendor : Vendor shall mean the person or persons, firm or Company to whom

the purchase order is issued and includes the Vendor‟s legal heirs, representatives, successor(s) & permitted assigns.

1.3 Goods / Materials / Work: Goods or Materials or Work shall mean any of the

articles, materials, machinery, equipments, supplies, drawings, data and other property and all services including but not limited to design, fabrication,

delivery, installation, inspection, testing and commissioning required to complete the purchase order.

1.4 Contractual Delivery date : Unless otherwise specified, Contractual delivery date is the date on which goods shall be delivered FOB Port of Shipment, in

accordance with the Purchase Order.

1.5 Contract / Agreement : The term Contract or Agreement wherever appearing in this document shall mean and include all documents like enquiry,

tender submitted by the vendor, Letter of Intent (LOI) or Fax Of Intent(FOI) and the Purchase Order(s) issued by the Purchaser and other documents

connected with the issue of the Purchase Order(s) and the change Purchase Order(s) issued and the Period of Contract mentioned in the LOI/FOI or

Purchase Order including such periods of extension as may be granted by the Purchaser at the request of the Vendor and such period of time for which the

supply is continued by the Vendor for the purposes of Contractual Completion.

1.6 Unless otherwise stipulated, the FOB price of Material(s) shall be inclusive of

sea worthy water proof packing & forwarding charges and loading of material(s) below deck of vessel and all taxes up to delivery of material(s) at

stipulated FOB Port of Shipment. Except for stipulations to the contrary in the Contract, the provisions of FOB (INCOTERMS-2000) shall apply to ocean

shipments.

1.7 Total Order Value : Total Order value shall be construed as FOB cost of all the items included in the FOI / LOI or Purchase Order for the purpose of calculation

of :

a) Price Reduction on account of delay

b) Composite Bank Guarantee Amount.

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2.0 PRICES : 2.1 Firm Price : Vendor shall confirm that quoted prices shall be firm and subject

to on escalation whatsoever, till complete execution of order.

2.2 Transit Insurance : Bidders shall quote CIF prices which shall include Marine insurance charges for Ocean Freight from F.O.B port of shipment to Port of

Entry in India. The FOB price furnished by the Bidder shall include all transit insurance charges for inland transit up to FOB Port of Shipment.

2.3 Bank Charges / Stamp Duties / Taxes :

(i) All Bank Charges and Stamp Duties payable in supplier‟s country in connection with the payments to be made under this Purchase order shall be borne by the

Vendor. All Bank charges and Stamp Duties payable in India shall be borne by the Purchaser.

(ii) All taxes, duties and levies of any kind that may be payable upto the stage of putting the material in FOB position shall be borne by the Vendor.

(iii) All taxes and duties payable in India on the materials shall be payable by the

Purchaser.

iv) The charges on account of amendments to Letter of Credit (LC) at the instance of the Vendor or due to his default shall be borne by the Vendor.

3.0 PAYMENT TERMS:

3.1 Unless otherwise mentioned, the payment towards 100 % (one hundred per

cent) of the value of imported material as per Purchase Order shall be paid through an irrevocable „Letter of Credit', against submission of documents

specified in LC, established by the banker of the Purchaser (HPCL) in India, on submission of irrevocable Composite Bank Guarantee and considering price

reduction for delay, if any.

If vendor desires to have the LC to be confirmed, the charges for confirmation shall be to Vendor‟s account.

3.2 Shipping documents shall consist of Bill of Lading, Commercial Invoice, Packing List, Freight Memo, Country of origin Certificate, Manufacturer Test Certificate, Third Party Inspection Release Note (wherever specified),

Drawings / Catalogue, Phyto -sanitary certificate for the wooden packaging

material used, Certificate of weight & measurement and any other documents that are specified in the Purchase Order or Letter of credit.

3.3 Letter of Credit shall be opened after receipt of unconditional acknowledgement of the Purchase Order. Wherever specified, the same shall be opened only after

receipt of Composite Bank Guarantee in the enclosed proforma for 15 % order

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value valid for up to three months beyond the warranty period (in accordance with Note 2 given below) for covering 10 % of the total Order value

towards Performance Guarantee and 5 % price reduction towards Delayed Deliveries.

Notes:

1. Composite Bank Guarantee shall be irrevocable without demur in the format

given by the Purchaser and encashable on demand and shall be from a scheduled bank (other than Co-operative banks) in India. Foreign BGs shall be

confirmed by a Bank located in India acceptable to the Purchaser.

2. Composite BG shall be valid for a further period of three months after expiry of Guarantee period mentioned in this bid document.

3. In case L C amendment is required due to reasons attributable to the vendor, then the charges for the same shall be to Vendor‟s account.

4.0 REPEAT ORDER:

For any Items ordered on the Vendor the Purchaser can place repeat orders for

any additional quantity not exceeding the quantity of the original purchase

order within a period of six months from the date of the original order at the same prices, terms and conditions.

5.0 VENDOR'S SALES CONDITIONS:

Vendor's standard sales conditions, If any, shall not be applicable to the offer

and only the Purchaser's “General Purchase Conditions” shall apply with the exception deviations specifically agreed between the vendor and the Purchaser

and brought out in the Purchase Order.

6.0 IMPORT LICENCE:

Relevant particulars of the Import license / Import policy (If applicable) and

the Custom Tariff Chapter / Item Classification shall be clearly indicated In the shipping documents i.e., Bill of Lading and Invoice.

7.0 DELIVERY & DELAYS:

7.1 Contractual Delivery Date: Contractual Delivery Date or Completion Period as mentioned in the LOI / FOI / Purchase Order is the date on which goods shall be

delivered FOB Port of shipment in accordance with purchase order.

7.2 Respect for Delivery Date: Time of Delivery as mentioned In Purchase order shall be the essence of the contract and no variation shall be permitted, except

with the prior authorization in writing from the purchaser.

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7.3 Price Reduction Schedule for Delayed Delivery:

In the event of Delay on the part of the vendor in effecting deliveries beyond the Contractual Delivery Date specified in the LOI / FOI / Purcahse order or any

time extension granted by the purcahser, it will be at purchaser's discretion to

levy a reduction in price for delayed deliveries @ ½% of total order value per week of delay, subject to a maximum of 5% of the Total Order Value. For

fractional days, priced reduction shall be applicable on pro-rata basis.

7.4 Delays due to Force Majeure:

Any delay in or failure of the performance of either Party hereto shall not

constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such

as Acts of God (like earthquakes, floods, storms, etc.), act of States, the direct and Indirect consequence of Wars (declared or undeclared) hostilities, national

emergencies, civil commotions and strikes when occurred in Vendor's factory.

If Vendor is prevented or delayed from performing any of its obligations under this Purchase Order by Force Majeure, then Vendor shall notify the Purchaser

the circumstances constituting the Force Majeure and the obligations, performance of which is thereby delayed or prevented, by courier, the

beginning and end of the cause of delay immediately, but in no case later than 14 days from the beginning and end of such cause of the circumstances

referred to above. The amount of time, if any, lost on any of these counts

shall not be counted for the Contractual Delivery Date without any prejudice to the Purchaser‟s rights mentioned in this regard. The decision of the Purchaser

arrived at after consultation with the vendor, shall be final and binding. Such a determined period of time shall be extended by the Purchaser to enable the

Vendor to complete the job within such extended period of time.

It is the clear understanding of the Vendor that the occurrence of any Force Majeure conditions at supplier‟s vendor or sub-Vendor‟s premises shall not be

considered for granting extension in delivery period.

8.0 DELAYS AND NON-CONFORMANCE:

In case of Delivery schedule not being adhered to in progressing the

manufacture of supply the Purchaser has the right to:

(i) Cancel the order wholly or in part-without any liability to Cancellation charges and procure the goods elsewhere, In which case Vendor shall make good the

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difference between the cost of goods procured elsewhere and price set forth in the order with the Vendor.

(ii) Hire for the period of delay goods meeting the specifications from elsewhere at Vendor's cost.

In the event of rejection of non-conforming goods, the Vendor shall be allowed

to correct the non-conformities without extension in delivery period. If vendor fails to do so within the stipulated time, the Purchaser shall have the right to

recover actual expenses incurred by Purchaser in installing and removing the non-conforming goods. This shall not prejudice the right of the Purchaser for

invoking the provisions of clause 7.3 on price reduction for delayed deliveries as aforesaid.

9.0 INSPECTION - CHECK –TESTING:

The materials or workmanship covered by the Purchase Orders are subject to inspection and testing at any time prior to shipment and/or Despatch and to

final inspection within a reasonable time after arrival at site.

The materials shall be subject to INSPECTION by Agencies as mentioned in the tender/LOI/FOI/Purchase order and the Vendor shall also bear the

expenses concerning preparation and rendering of tests required by such agencies nominated or Boiler Inspectorate or such other Statutory testing

agencies or by Lloyds Register of Shipping as may be required.

The materials shall be subject to manufacturer inspection as per the tender

specifications and as per the applicable codes / regulations and relevant certificates shall be provided by the Vendor.

The Vendor‟s responsibility will not be lessened due to any comments made by

Owner or his Procurement co-ordinators/Managers and Inspectors on the Vendor‟s drawings or by Inspector‟s witnessing any tests.

In any case, the equipments and materials supplied under this Contract shall

be in strict accordance with the tender/LOI/FOI/Purchase Order and /or its attachments failing which the Owner shall have the right to reject the goods

and hold the Vendor liable for non-performance of Contract.

10.0 REVISIONS, CHANGES AND CANCELLATION:

The Purchaser may make any revisions or changes in Purchase Order including changes in the quantities ordered. The effect of such changes on prices,

delivery period and / or other terms and conditions may be settled through mutual agreement. Claim for adjustment must be made within 15 days of

intimation of such revision by HPCL being conveyed to the Vendor.

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The Purchaser may terminate the order at any time if the Vendor does not adhere to the agreed terms and conditions. In such a case, the Purchaser has

the option to buy complete or incomplete components with or without verification / Inspection at mutually agreed prices.

The Purchaser reserves the right to cancel LOI/FOI/Purchase Order or any part thereof and shall be entitled to rescind the same wholly or by part in a written

notice to the Vendor if :

i) The Vendor fails to comply with the terms of this LOI/FOI/Purchase Order.

ii) The Vendor fails to deliver the goods on time and or replace the rejected Goods promptly.

Iii) The Vendor becomes bankrupt, insolvent or goes in to liquidation or

winding up.

iv) The Vendor makes a general assignment for the benefit of creditors.

v) A Receiver is appointed for any of the property owned by the Vendor.

vi) In the event of Force Majeure condition prevailing with Vendor for more

than 30 days.

vii) The Vendor has become untraceable.

viii) The Vendor has acted in any manner detrimental to the interest, reputation, dignity or prestige of the Purchaser.

Upon receipt of such cancellation notice, the Vendor shall discontinue all work

on the LOI/FOI/Purchase Order and matters connected with it.

The Purchaser in that event shall be entitled to procure their requirement from other sources and recover the excess payment over the Vendor‟s agreed price,

if any, from the Vendor, reserving to itself the right to forfeit the Security

Deposit, if any made by the Vendor against the LOI/FOI/Purchase Order.

The provision of this clause shall not prejudice the right of the Purchaser from invoking the provisions of the clause regarding Delayed delivery as aforesaid.

11.0 WARRANTEES/GUARANTEES:

The Vendor shall warrant that the goods shall give required operational performance, shall be suitable for the service intended and be of the Quality

or the best grade in case no quality is specified.

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The goods shall be guaranteed against any defects in design, materials,

workmanship and performance for a period of 24 months from the date of shipment or 12 months from the date of commissioning whichever is earlier.

However, the CPBG shall be valid for a further period of 3 months after expiry

of the Guarantee period mentioned in this bid document. Should any defects develop within the Guarantee/Warrantee period, the same shall be remedied or the goods shall be replaced free of charge. All expenses

incurred including those on transportation, shall be borne by the Vendor.

12.0 NON-ASSIGNMENT:

Any assignment of this Purchase Order or of any of the rights hereunder In any manner or under any certificates by operation of the law or otherwise

shall be void without prior written consent at the Purchaser.

13.0 PATENTS, VENDOR'S LIABILITY AND COMPLIANCE OF REGULATIONS:

Vendor shall protect and fully indemnify the purchaser from any claims for

infringement of patents, copy right, trade make or the like.

Vendor shall also protect and fully indemnify the Purchaser from any claims from Vendor's Work men employees, their heirs, dependents, representatives

etc. or from any other person/persons or bodies/companies etc. for any act of commission or omission while executing the order.

Vendor shall be responsible for compliance with all requirements under the

laws and shall protect and indemnify completely the Purchaser from any claim/ penalties arising out of any infringements.

14.0 SUBSTITUTION AND WRONG SUPPLIES

Unauthorised substitution or materials delivered in error or of wrong description or quality or supplied in excess quantity or rejected goods shall be

returned to the Vendor at the Vendors cost and risk.

15.0 ARBITRATION :

a) Disputes or difference arising out-of or in relation to this agreement shall

be settled by Arbitration in India. The arbitration shall be by a Sole Arbitrator appointed by HPCL. The Sole Arbitrator will adjudicate the disputes and

differences between the parties except those in respect of which the decision of any person is by the agreement expressed to be final and

binding.

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b) In the event of the Sole Arbitrator to whom the matter is originally referred to, is unable to act or he/she vacates the office, HPCL, shall nominate another Sole Arbitrator to settle the said disputes and differences.

c) The second Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his/her predecessor.

d) The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement subject to the provisions of the Arbitration & Conciliation Act, 1996, as in force in India and the rules made thereunder and for the time being in force. This agreement shall be covered by the laws of India.

e) The award shall be made in writing and shall be published by the Sole Arbitrator within six months after entering upon reference or within such further time mutually extended by the parties. The Sole Arbitrator shall have power to order and direct the parties to abide by, observe and perform such directions as the Sole Arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings have to be completed within the specified period solely on the principles of Natural Justice.

f) The Sole Arbitrator shall be at liberty to appoint, if so necessary, any Accountant or Engineer or other person to assist him/her and act by the opinion so taken.

g) The Sole Arbitrator shall have powers to make one or more awards whether interim or otherwise in respect of the disputes and differences, and in particular, shall make separate awards in respect of each claim or cross claim of the parties.

h) The Sole Arbitrator shall be entitled to direct any of the parties to pay the cost of arbitration in such a manner and to such an extent as the Sole Arbitrator may in his discretion determine and shall also be entitled to require one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The parties to arbitration, whenever called upon to do so, shall be bound to comply with such directions without any demur.

i) Notwithstanding anything contained to any other law, the parties hereby

agree that the courts in the city of Mumbai alone shall have jurisdiction in respect of all or anything arising under this agreement and any award(s) made

by the Sole Arbitrator hereunder shall be filed in the court in the city of Mumbai only.

16.0 PACKING:

16.1 Packing should be capable to withstand rough sea weather for a minimum

period of 4 to 6 months and should be commensurate with best commercial export practices. AII packaging shall be done in such a manner as to reduce

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volume as much as possible. Fragile articles should be adequately packed with special packing materials depending on type of materials.

16.2 All delicate surface on equipment material should be carefully protected and

painted with protective paint compound and wrapped to prevent rusting and

damage. 16.3 All mechanical and electrical equipment and other heavy articles should be

securely fastened to the bottom of the case and shall be blocked and braced

to prevent movement.

16.4 Attachments and spare parts of equipments and all small pieces shall be packed separately in wooden Cases with adequate protection inside the case

and wherever possible should be sent along with the main equipment. Each item shall be tagged so as to identify it with the main equipment and part

number and reference number shall be indicated.

16.5 All protrusions shall be suitably protected and opening shall be blocked by wooden covers. '

16.6 Wherever required equipment/materials shall be packed in polythlene bags

and silicagel or similar dehydrating compound shall be put inside the bags to

protect them.

16.7 Pipes/ tubes made of stainless steel, copper etc. shall be packed in wooden

cases Irrespective of sizes.

16.8 The supplier shall be held liable for all damages or breakages to the goods due-to the defective or insufficient packing as well as for corrosion due to

insufficient packing.

16.9 Detailed packing list in water proof envelope shall be inserted in each package together with equipment/materials. One copy of “Detailed Packing List", shall

be fastened outside of the package in water proof envelope and covered by metal cover.

16.10 Wherever, wooden packing material has been used in the packing, the Vendor

shall furnish “PHYTOSANITORY CERTIFICATE” along with „Documentation‟

listed hereunder. 16.11 In case of consignments made as part loads of containers , the Vendor shall

ensure that the consignments are not mixed with any other Hazardous or Non

Compatible Consignments

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17.0 MARKING Each package shall be marked on three sides, with proper paint/indelible

water proof inks as follows:

HINDUSTAN PETROLEUM CORPORATION LTD. '

PURCHASE ORDER NO ................................................ ………….

NET WEIGHT ……………………… KGS.GR. WT ………………. KGS DIMENSIONS .......................... X……. ........ X ................ CMS

PACKAGE NO. (SI. No. of total packages)

TAG/ITEM NO ........... ……………………… ................

COUNTRY OF ORIGIN .....................................................................

SHIPPER'S NAME .......................................................... ........

17.2 Additional marking such as 'handle with care' 'this side up' 'fragile' or any

other additional Indications for protection and safe handling shall be added depending on the type of materials. All cases will have warning signs on the

outside denoting 'Centre of Gravity' and 'Sling Mark'.

17.3 Letters, figures, marks etc. used for marking shall be stenciled printed.

Handwriting should be avoided as far as possible. Size of letter shall be optimum for each package dimensions.

17.4. In case of Bundle or other packages wherever marking cannot be stenciled the

same shall be embossed on metal or similar tag and Wired securely at minimum two convenient points.

18.0 SHIPPING:

18.1 In case of ocean shipments made on FOB basis and/or shipments made

through TRANSCHART vessels, the shipping arrangement will be made by the Shipping Co-ordination and Chartering Division, “Ministry of Shipping &

Transport” New Delhi (email :[email protected], Fax No. 91-011-23352726, phone no. 91-011-23719480; Cable: TRANSCHART : NEW DELHI TELEX:

VAHAN ND-2312, 2448 and 3104) through their respective forwarding agents / Nominees as specified to whom adequate notice of not less than six weeks

about the readiness of each cargo for shipment should be given by the vendor from time to time for finalizing the shipping arrangements.

18.2 All shipment of materials shall be made by First class direct vessels. All

shipments of shall be under deck only, unless carriage on deck is unavoidable

and / or the consignments are made in containers.

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19.0 DOCUMENTATION

19.1 The documents shall be in English Language.

19.2 Documents required before shipment:

Forty five (45) days before the contractual delivery date, proforma packing lists and sketches of over dimensioned cargo shall be air mailed.

Over dimension cargo shall mean any package exceeding any of the following

limits

Weight 20 MT

Length 13.719 Meters

Width 2.997 Meters

Height 2.743 Meters

19.3 Documents required after shipment:

The supplier shall air-mail the shipping documents stated here in below as

quickly as possible after the shipment has been made so that the same are

received at least two weeks prior to the arrival of vessel at destination port. The supplier shall be fully responsible for any delay and/or demurrage that

may become payable at destination port on account of delayed transmittal of shipping documents.

Copy of Documents No. of Copies

(a) Bill of lading 4 (b) Commercial Invoice 6 (c) Detailed Packing list 6 (d) Freight Memo 2 (e) Test Certificate 2 (f) Certificate of Origin 2 (g) Certificate of Measurement & Weight 2 (h) Catalogue and /or drawings 2 (i) Payment Certificate 2

(amount received by vendor) (j) Manufacturer‟s Test Certificates 2 (k) Third Party Inspection release notes 2 (l) Phytosanitary Certificate for wooden 2 Packing materials.

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Note: In addition to above, complete set of documents are required to be sent to (Purchaser) through bank in terms of Letter of Credit.

19.4 Bill of lading:

Bill of Lading shall be 'Clean on Board', Ocean Bill of Lading should be made In favour of Hindustan Petroleum Corporation Limited (with full address of the purchaser) and the notify column should indicate the consignee Name & Address specified in the Purchase Order.

19.5 Commercial Invoice:

Commercial Invoice shall, inter alia indicate (i) Purchase Order No. (ii) Import

Licence Policy numbers and (iii) Country of Origin. Besides, the number of cases and description of items in the invoice shall be in conformity with the

Purchase order. 19.6 Packing List:

Packing List must show, apart from other particulars, actual contents in each case, net and gross weights and dimensions and the total numbers of packages.

19.7 Custom Tariff-Chapter/Tariff item:

The vendor shall clearly mention the Custom Tariff Chapter/Tariff Item on Bill of Lading and Commercial Invoice for respective items, which should be same

as what the vendor had quoted in his tender unless there is a reclassification during the interim period.

20.0 SHIPPING ADVICE:

Within 24 hours after shipment, the supplier shall send shipping advice giving particulars of the shipment, Vessel's Name, Port of shipment, Bill of Lading

number and date, contents in brief, Purchase Order number, Total F.O.B. and

Freight Values, number of packages and total gross weight by way of Fax / Telex to:

Shri PRAKASH KUMAR

Sr. Manager-Project Execution Project and Pipelines Dept

Hindustan Bhavan, 8, S V Marg,

Ballard Estate, MUMBAI - 400001

India. Tel.: +91 022-22637128

e-mail ID - [email protected]

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Within 24 hours after shipment, the vendor shall send by email in digitized form the copies of documents mentioned under Cl. 19.3 (a) to (l) to the Purchaser

and the addresses specified by the Purchaser.

21.0 TECHNICAL INFORMATION:

Drawings, specifications, and details shall be the property of the purchaser

and shall be returned by the vendor on demand. The vendor shall not make use of drawings and specifications for any purpose at any time save and

except for the purpose of the purchaser. The vendor shall not disclose the technical information. furnished to or gained by the vendor under or by virtue

of or as a result of the implementation of this purchase order to any person,

firm or body or Corporate authority and shall make all endeavours to ensure that technical information is kept CONFIDENTIAL. The technical information

imparted and supplied to the vendor by the Purchaser shall at all times remain the absolute property of purchaser.

22.0 ADDRESS FOR ALL CORRESPONDENCE:

Deputy General Manager- Purchase-P&P

Hindustan Petroleum Corporation Limited, 2nd Floor, Gresham Assurance Building,

Sir P M Road, Fort, Mumbai – 400001. INDIA

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CHAPTER –VIII

ACCEPTANCE / INFORMATION TO BE FURNISHED BY

FOREIGN BIDDERS

1 Following details should be furnished for effecting L/C. Complete name and

address with telephone and telefax numbers of LC beneficiary:

2. Your A/C Details, Bankers Name & Address: (for payment through telegraphic

transfer)

3 L/C Validity Period for Shipment______________________________

4 L/C Validity Period for negotiation_______________________________

5 L/C Confirmation required (Yes or No, if yes, charges will be your account)

______________________________________

6 Country of origin for product _____________________________

7 Sea port for shipment ____________________________

8 Packing details of consignment (product wise)

Sr. No.

PRODUCT Quantity Packing Details in terms of drums

Packing Details in terms of container size X no. of

containers

1 CORROSION

INHIBITOR FOR MPSPL

36 MT

2 CORROSION

INHIBITOR FOR VVSPL

50 MT

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3 CORROSION

INHIBITOR FOR MDPL

51 MT

4 CORROSION

INHIBITOR FOR RamanMandi-Bahadurgarh Pipeline (RBhPL)

5 MT

5 CORROSION

INHIBITOR FOR RamanMandi-Bathinda (RBPL)

10 MT

6 CORROSION

INHIBITOR FOR Bahadurgarh-Tikrikalan Pipeline (BTPL)

5 MT

9 H. S. Code of the product

Item No.

PRODUCT Quantity H. S. CODE & Whether Hazardous / Non Hazardous

1 CORROSION INHIBITOR FOR VVSPL, MPSPL, RBhPL,

RBPL, BTPL & MDPL.

157 MT

Please confirm following, write (Yes or No)

10 Partial Shipment not allowed, Your acceptance __________________.

11 One transshipment not permitted, Your acceptance_________________.

12 All Bank Charges outside India are to be beneficiary‟s account. All Letter of Credit amendment charges are to the beneficiary‟s account.

_______________

13 Acceptance of Price Reduction Clause for delayed deliveries specified in Tender: ________________

(please refer General Purchase Conditions for Imports for details)

14 Submission of Performance Bank Guarantee (PBG) towards 15% of basic PO Value: _________

(Valid for 12 months from the date of delivery).

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Please refer clause 3.0 of General Purchase Conditions for Imports. All foreign Bank Guarantees will be confirmed by a bank located in India

(Scheduled Banks - Other than Co-operative Banks). For foreign bidders PBG would be submitted in USD or the currency in which

quote has been submitted.

15 Validity of offer 4 Months from the tender due date / extended due date:

_________________________________________________

16 Confirm acceptance to part order / part quantity (Separate orders for individual

locations of VVSPL, MPSPL, RBhPL, RBPL & MDPL):

______________________________________________

17 Acceptance to our attached General Purchase Conditions for Imports _________________________________________________

18 Confirm that this is a direct bid and no commission is involved to any Indian

representative ________________________________________________ (In case of Indian representative, please refer clause 29 of Chapter V

- SPECIAL TERMS & CONDITIONS)

19 Confirmation that no conditions have been mentioned in price bid

________________

20 Confirmation that rates have been quoted in the price bid format (attached):

________

21 Confirm that you have quoted charges towards sea freight & marine insurance separately in the price bid ______________

22 Confirm acceptance of purchase order on FOB or CIF basis at the sole

discretion of HPCL _________________

23 Confirm providing phytosanitary / fumigation certificate for packing

material _________

24 Port of loading (FOB) _____________________ (Pl specify)

25 Port of Discharge _____________________ (for VVSPL : CHENNAI), (for MPSPL : Mumbai or Nhava Sheva) & (For MDPL, RBhPL, RBPL : MUNDRA

(MPSEZ-ADANI)).

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CHAPTER –IX

AGREED TERMS AND CONDITIONS

This questionnaire duly filled shall be returned along with each copy of Un-priced bid. Clauses

confirmed hereunder should not be repeated in the bid. ALL THE COMMERCIAL TERMS AND

CONDITIONS SHOULD BE INDICATED IN THIS FORMAT ONLY. IF REQUIRED DETAILS

INCLUDING DEVIATION TO GPC, IF ANY, SHOULD BE INDICATED AS AN ANNEXURE TO

THIS FORMAT.

In view of the rejection clause no 18 of Chapter 3 will be strictly adhered to, bidders are advised

to comply to the terms and conditions of the bid document in the First Instance itself.

S.NO. DESCRIPTION BIDDER'S CONFIRMATION

1 Confirm Your Offer is in complete compliance with the scope of supplies as specified in the Bid document

2 Confirm you have quoted your prices strictly in the applicable Price schedule format (enclosed with the Bid document) along with Unit and Total Prices

3 Specify Country of Origin of Goods offered

4 Specify the Currency of quote (in accordance with terms specified in Bid document)

5 Indicate estimated shipping net and gross weight and Volume

6 INSPECTION : Confirm your quoted prices are inclusive of all testing and inspection requirements as specified in the bid document. Please note that third party inspection charges is included in the Quoted Basic/ FOB price.

7 Confirm acceptance / compliance with the following conditions /clauses of the Bid document (i) Confirm price basis of your offer is strictly in

accordance with Cl. nos 1 and 2 of Chapter-3.

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(ii) Confirm You have furnished Bid security (Bank Guarantee) for the requisite amount in the required format as per terms of bid document

(iii) Confirm that You shall furnish Contract

Performance Bank Guarantee (Performance Security) as per terms of Bid document.

(iv) Confirm your Firm delivery period shall be

strictly as per requirement specified in the Bid Document.

(v) Confirm that Your offer will remain Valid

for acceptance for a period of ONE HUNDRED TWENTY DAYS from the Bid due date or extended due date (if the same is extended).

(vi) Confirm that the quoted prices shall remain

FIRM AND FIXED till complete execution of Order

(vii) Confirm that Guarantee / Warranty shall

be as per Special Conditions of Purchase. (viii) Confirm that the Force Majeure shall be

as per General Purchase Conditions (ix) Confirm acceptance of Price Reduction for

delay in delivery as per Chapter-3 of Bid document.

x) Confirm total acceptance to Payment

Terms as per Chapter-3 Special Conditions of Purchase

xi) Arbitration clause shall be as per General

Purchase Conditions

8 Confirm Terms related to Taxes and Duties shall be as per Provisions of Bid document

9 All correspondence must be in English Language Only

10 This clause is for Indian Bidders only

10.1 Indicate dispatch Point

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10.2 Confirm Quoted prices are exclusive of transit Insurance

10.3 Indicate Rate of Central / Local Sales Tax (CST / LST) payable extra on finished goods (i) CST without Concessional Form C (ii) CST with Concessional Form (iii) Local Sales Tax (in case supplies are made from Originating state) without concessional form (iv) Local sales tax with Concessional Form

10.4(i)

(ii)

Indicate Present rate of Excise duty plus Education Cess applicable extra on finished goods Confirm that Excise Duty amount shall be reimbursed to seller only against receipt of CENVATABLE copy of Excise Invoice by Owner.

Excise Duty : _____ % Ed. Cess : _____%

10.5 If there is any variation in excise duty plus education cess on finished goods at the time of Supplies for any reason, other than statutory, including turnover, Confirm the same will be borne by the Bidder.

10.6 In case (10.5) above is not acceptable, indicate maximum rate of Excise duty plus Education Cess chargeable.

10.7 Statutory variation in Excise duty plus Education Cess and Sales tax during the contractual delivery period on Finished goods only will be to Owner's account.

10.8 Confirm, if there is delay beyond contractual delivery date for reasons attributable to Bidder, any increase in Sales tax and / or excise duty plus education cess will be borne by the Bidder and any decrease shall be passed on to Owner.

10.9 Confirm, in case of delay in delivery, due to reasons attributable to Bidder, any new or additional taxes and duties imposed after contractual delivery dates shall be to Bidder's account.

10.10 If offer is based on certain imported raw materials / components required for goods

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offered, Please note and specify the following : (i) Owner will not provide any Import License for the same (ii) Confirm that you have quoted prices on: a. Merit rate of Customs duty (without

essentiality certificate) (iii) Confirm you have furnished built in CIF

import content in your price bid.

(iv) Indicate rate of customs duty considered and included in the

quoted prices (v) Indicate classification(s) under which

Bidder intents to import (vi) Confirm that any upward variation due to wrong classification(s) considered in Offer shall be absorbed by the Bidder, whereas any downward variations on account of the same shall be passed on to the Owner. (vii) Please note and Confirm that any variations in Customs duty shall be to Owner's account only as per terms specified in the bid document. viii) Confirm Bidder shall claim variation on account of Customs duty separately after receipt of goods at site, against documentary evidence

Merit Rate Of Customs Duty

11 This clause is for Foreign Bidders only

11.1 Indicate International sea Port of Exit

11.2 (i) Letter of Credit shall be opened through a Government of India Nationalized Bank and hence need not be confirmed. (ii) In case You insist for a confirmed LC, confirmation charges will be to your account. Confirm acceptance.

11.3 Confirm your quoted prices include transit Insurance upto FOB Port of Shipment

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11.4 All taxes, duties and levies of any kind payable upto FOB Port of shipment shall be borne by the Bidder.

11.5 All Bank Charges and Stamp duties payable outside India in connection with the payments to be made under the Purchase Order shall be borne by the Bidder. All Bank Charges and Stamp duties payable in India (only Owner's banker) shall be borne by the Owner.

11.6 In case of Foreign Bidder insisting for having Indian Agent, furnish the following : (i) The Unavoidable justification for engaging the Indian Agent (ii) Name and complete address of Indian Agent including Telephone & Fax number (iii) RBI Registration Number (iv) Agency's commission included in Quoted prices as % of quoted FOB prices (Payable in equivalent non-convertible Indian Rupees upon complete execution of Order and supplies are received and acceptable at sites. (v) Submit Copy of agreement between Foreign Bidder and Indian Agent

_________ %

11.7 Please Indicate the name and address of your Bankers

12 Please confirm that you have not been banned or delisted by any Government or Quasi Government agencies or PSUs. If you have been banned, then this fact must clearly be stated. This does not necessarily be cause for disqualification. However, if this declaration is not furnished the bid shall be rejected as non-responsive.

13 Please confirm that you have filed in, signed and attached the enclosed “Proforma of Declaration of Black Listing/Holiday Listing” along with your Unpriced offer.

14 Confirm acceptance to part order. Offer for items as per the terms specified in the bid document. For all items individual quantities will

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___________________________


not be split.

15 Owner reserves the right to make any changes in the terms and conditions of bid document. Confirm

16 The Bidder is required to state whether any of the Director's Bidder is a relative of any Director of Owner or the Bidder is a firm in which any Director of Owner or his relative is a partner.

17 (a) Confirm acceptance in Toto of the Terms and Conditions contained in the Bid document (i) Instructions to Bidders. (ii) Special Conditions of Purchase (ii) General Purchase conditions (GPC) (iii) All other commercial documents /

attachments / Chapters of the bid document (b) In case of reservations, confirm that clause

wise comments have been specified as annexure to this format.

(c) All the terms and conditions have been

indicated in this format (including Annexure, if any) and have been repeated in the Bid elsewhere. It is noted that terms and conditions indicated elsewhere including any printed terms and conditions shall not be considered by the owner

18 Furnish Financial Turnover figures of last 3 years of bidder / manufacturer and or trading company (house) whichever is applicable TURNOVER 20011-2012 (2011) 2010-2011 (2010) 2009-2010 (2009) In support of above Bidder shall enclose copies of its published Annual reports of preceding 3 years. Confirm compliance.

BIDDERS NAME :

ADDRESS :

SIGNATURE & SEAL:

FAX NO. TEL NO. EMAIL :

Page 91 of 132

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TAXES & DUTIES (Applicable for Indian Bidders)

1) Please indicate the exact charges applicable as on the date of submission of bids in % terms clearly. DO NOT specify “At Actual”, “by HPCL” etc.

2) Please note that Form “C” will not be issued for the supplies against this tender. Applicable tax may be quoted accordingly.

3) It is the responsibility of the bidder to ascertain the exact charges applicable towards various Duties & Taxes (including charges towards Octroi, entry tax

etc. if any applicable) prevailing at the time of submission of bids. Only those charges that are mentioned above will be considered for evaluation, and

Purchase Order will be processed accordingly on the L-1 bidder. No additional payments will be made for whatsoever reasons, other than statutory

revisions.

4) In case any of the charges being Not applicable, Nil, or inclusive in the rates

quoted by you, the same may be indicated clearly against the space provided for the same.

5) In case any of the above boxes are left blank, the same will be construed as

“NIL” for the purpose of evaluation, and PO will be placed accordingly, in case of party becoming L-1.

6) The charges indicated above only will be considered for evaluation. In case any of the above mentioned charges have been indicated by you at any other

place in the tender document or covering letter etc., and if there is any discrepancy between the two, then the lower of the two will be considered for

evaluation and PO will be placed accordingly, in case of party becoming L-1.

7) If felt necessary, bidder may quote minimum lumpsum charges towards

Freight & Third Party Inspection, in case of part order. Please note that wherever lumpsum charges are mentioned, such charges will be considered in

full during iteration, and no proration will be carried out, i.e, if the bidder is becoming L-1 for only a few of the tendered items, then the lumpsum /

minimum charges will be applied for such items and the bid will be reevaluated to ascertain whether the party still remains L-1 for these items.

Hence, it is once again advised that quoting of lumpsum charges should be

avoided, and applicable charges should be preferably mentioned in % terms.

8) Please note that unloading & stacking of material at HPCL site shall be

arranged by HPCL.

Page 92 of 132

___________________________


Various charges quoted above will be evaluated as mentioned in the table below (FOR Destination basis).

DESCRIPTION APPLICATION

Basic Price Not Applicable

Packing & Forwarding (P & F) On (Basic Price)

Excise Duty (ED) On (Basic Price + P & F)

Sales Tax (ST) - VAT / CST On (Basic Price + P & F + ED)

Freight On (Basic Price)

Third Party Inspection (TPI) On (Basic Price)

Transit Insurance (TI) On (Basic Price)

Octroi (wherever applicable) On (Basic Price + P & F + ED + ST +

Freight + TPI + TI)

Page 93 of 132

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CHAPTER – X

UN-PRICED BID FORMAT (FOR FOREIGN BIDDERS)

THIS IS A CONFIRMATION THAT PRICE BID HAS BEEN SUBMITTED IN THE FOLLOWING FORMAT ONLY & HENCE NO RATES SHOULD BE

QUOTED ON THIS SHEET

Material: Corrosion Inhibitor (Total Quantity 157 MT)

Quantity Break Up


(MT)

Mumbai-Pune-Solapur Pipeline (MPSPL) Trombay 36


Vizag 35

Vijayawada 15


Mundra 22

Palanpur 21

Jaipur 8

RamanMandi-Bahadurgarh Pipeline (RBPL) RamanMandi 10

RamanMandi-Bathinda (RBhPL) RamanMandi 5

Bahadurgarh-Tikrikalan Pipeline (BTPL) Bahadurgarh 5

Total 157

Page 94 of 132

___________________________


Sr.

No.

Description Quantity with unit

Rate per Unit (with

Currency)

Total Price (Rate per unit X Quantity)

1 Corrosion Inhibitor (FOB

Price inclusive of Inspection Charges, if any, Packing,

Forwarding, Documentation,

Transportation upto Port of loading, transit insurance

upto FOB Port of Loading and stowage charges.)

157 MT XXXXXXX

XXXXXXXXXXXXXX

XXX

XXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXX

Taxes and Duties Rate in %

XXXXXXXXXXXXXX

XX


Ocean Freight from loading port to JNPT Nhava Sheva,

Mumbai, India in %.

XXXXXXXXXXXXXX

XXXXXXXXXX


XXXXXXXXXXXX

Ocean Freight from loading

port to Mundra port, India in %.

XXXXXXX

XXXXXXXXXXXXXX

XXX

XXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXX

Ocean Freight from loading port to Chennai port, India in

%.

XXXXXXXXXXXXXX

XXXXXXXXXX


XXXXXXXXXXXX

Marine Insurance from Port of Shipment to JNPT Nhava

Sheva, Mumbai, India in %.

XXXXXXXXXXXXXX

XXXXXXXXXX


XXXXXXXXXXXX

Marine Insurance from Port of Shipment to Mundra port,

India in %.

XXXXXXXXXXXXXX

XXXXXXXXXX


XXXXXXXXXXXX

Page 95 of 132

___________________________


Marine Insurance from Port

of Shipment to Chennai port, India in %.

XXXXXXX

XXXXXXXXXXXXXX

XXX

XXXXXXXXXXXX


Any other charges (Please

specify)

XXXXXXX

XXXXXXXXX

XXXXXXXXXXXX

XXXXXXXXXXXX

Any other charges (Please specify)

XXXXXXXXXXXXXX

XX


NOTE: No conditions should be mentioned on price bid. Deviations, if any should be clearly mentioned in unpriced bid on the letterhead of the bidder. Conditional price

bids are liable for rejection.

NOTES:

1. The evaluation of bids shall be on Location wise lowest delivered cost basis.

2. The Unpriced price schedule (submitted along with Unpriced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable

against each item.

3. Bidders quoted prices shall be deemed to include bidder‟s entire scope of work and technical specifications, data sheets, drawings etc. Covered in this tender

document irrespective whether the same are specifically covered in the “Description”under above Price Schedule or not.

4. Bidder to indicate all Taxes and Duties in Percentage in Unpriced Bid. The

application of the taxes & duties shall be as per enclosure.

Page 96 of 132

___________________________


UN-PRICED BID FORMAT (FOR INDIAN BIDDERS) THIS IS A CONFIRMATION THAT PRICE BID HAS BEEN SUBMITTED IN

THE FOLLOWING FORMAT ONLY & HENCE NO RATES SHOULD BE QUOTED ON THIS SHEET


(MT)



Vizag 35

Vijayawada 15


Mundra 22

Palanpur 21

Jaipur 8




Total 157

Item No.


Rate per Unit (in

RS)

Total Price (Rate per unit X

Quantity)

1 Corrosion Inhibitor (Basic

Price). 157 MT XXXXXXXXX

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Taxes and Duties Rate in

%

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Inspection Charges, if any in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX

Packing & Forwarding charges in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Page 97 of 132

___________________________


Excise Duty in %.

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Sales Tax for MPSPL,

Mumbai (Without Form

C) in %.

XXXXXXXXX

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Sales Tax for

Visakhapatnam (Without Form C) in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Sales Tax for Vijayawada

(Without Form C) in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Sales Tax for Mundra


XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Sales Tax for Palanpur (Without Form C) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Sales Tax for Jaipur (Without Form C) in %.

XXXXXXXXXXXXXXXXXX


Sales Tax for RamanMandi


XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Sales Tax for Bahadurgarh(Without Form

C) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Freight up to VVSPL Visakhapatnam (Door

delivery basis) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXX

Freight up to VVSPL Vijayawada (Door delivery

basis) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Freight up to MPSPL,

Mumbai (Door delivery basis) in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Page 98 of 132

___________________________


Freight up to MDPL,

Mundra (Door delivery basis) in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Freight up to MDPL,

Palanpur (Door delivery basis) in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Freight up to MDPL, Jaipur (Door delivery basis) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Freight up to RBhPL, RBPL, RamanMandi (Door delivery

basis) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Freight up to BTPL, Bahadurgarh (Door delivery

basis) in %.

XXXXXXXXXXXXXXXXXX

XXXXXXXXX


XXXXXXXXXXXXX

Transit Insurance in %.

XXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX


Octroi (for MPSPL,

Mumbai) in %.

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Any Other Taxes / Charges

(Please specify).

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

INDIAN BIDDERS ARE REQUESTED TO PROVIDE TAXES IN UNPRICED BID (ON THIS SHEET).

NOTE: No conditions should be mentioned in price bid. Deviations, if any should be

clearly mentioned in unpriced bid on the letterhead of the bidder. Conditional price


WE CONFIRM THAT WE HAVE QUOTED RATES IN THE ABOVE FORMAT ONLY WITHOUT ANY CONDITIONS.

Page 99 of 132

___________________________


Notes: 1. The evaluation of bids shall be on Location wise lowest delivered cost basis.

2. The Unpriced price schedule (submitted along with Unpriced Bids with prices blanked out) should contain the words Quoted or Not Quoted or Not Applicable

against each item.


document irrespective whether the same are specifically covered in the “Description” under above Price Schedule or not.

4. Bidder to indicate all Taxes and Duties in Percentage in Unpriced Bid. The application of the taxes & duties shall be as per enclosure.

Page 100 of 132

___________________________


CHAPTER – XI

PRICED BID FORMAT (FOR FOREIGN BIDDERS)


(MT)



Vizag 35

Vijayawada 15


Mundra 22

Palanpur 21

Jaipur 8




Total 157

Sr. No.


Rate per Unit (with

Currency)

Total Price (Rate per unit

X Quantity)

1 Corrosion Inhibitor (FOB Price inclusive of Inspection

Charges, if any, Packing, Forwarding, Documentation,

Transportation upto Port of Shipment, transit insurance

upto FOB Port of dispatch and stowage charges).

157 MT

Page 101 of 132

___________________________



%


port to JNPT Nhava Sheva,

Mumbai, India in %.


port to Mundra port, India in %.


port to Chennai port, India in %.

Marine Insurance from Port

of Shipment to JNPT Nhava Sheva, Mumbai, India in %.

Marine Insurance from Port of Shipment to Mundra port,

India in %.

Marine Insurance from Port of Shipment to to Chennai

port, India in %.

Any other charges (Please

specify)

Any other charges (Please specify)

NOTE: No conditions should be mentioned on price bid. Deviations, if any should be clearly mentioned in unpriced bid on the letterhead of the bidder. Conditional price


NOTES:

1. The evaluation of bids shall be on Location wise lowest delivered cost basis. 2. The Unpriced price schedule (submitted along with Unpriced Bids with prices

blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item.





Page 102 of 132

___________________________


PRICED BID FORMAT (FOR INDIAN BIDDERS)


(MT)



Vizag 35

Vijayawada 15


Mundra 22

Palanpur 21

Jaipur 8




Total 157

Item

No.

Description Quantity

with unit

Rate per

Unit (in RS)

Total Price

(Rate per unit X Quantity)

1 Corrosion Inhibitor (Basic Price).

157 MT


%

XXXXXXXXX

XXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX

Inspection Charges, if any

in %.

Packing & Forwarding

charges in %.

Excise Duty in %.

Page 103 of 132

___________________________


Sales Tax for MPSPL,

Mumbai (Without Form C) in %.

Sales Tax for

Visakhapatnam (Without Form C) in %.

Sales Tax for Vijayawada (Without Form C) in %.

Sales Tax for Mundra (Without Form C) in %.

Sales Tax for Palanpur (Without Form C) in %.

Sales Tax for Jaipur (Without Form C) in %.

Sales Tax for RamanMandi (Without Form C) in %.

Sales Tax for

Bahadurgarh(Without Form C) in %.

Freight up to V VSPL Visakhapatnam (Door

delivery basis) in %.

Freight up to V VSPL Vijayawada (Door delivery

basis) in %.

Freight up to MPSPL, Mumbai (Door delivery

basis) in %.

Freight up to MDPL,

Mundra (Door delivery

basis) in %.

Page 104 of 132

___________________________


Freight up to MDPL,

Palanpur (Door delivery basis) in %.

Freight up to MDPL, Jaipur

(Door delivery basis) in %.

Freight up to RBhPL,RBPL

RamanMandi (Door delivery basis) in %.

Freight up to BTPL,

Bahadurgarh (Door delivery basis) in %.

Transit Insurance in %.

Octroi (for MPSPL, Mumbai) in %.

Any Other Taxes / Charges

(Please specify).

INDIAN BIDDERS ARE REQUESTED TO PROVIDE TAXES IN UNPRICED BID (ON THIS

SHEET).

NOTE: No conditions should be mentioned in price bid. Deviations, if any should be

clearly mentioned in unpriced bid on the letterhead of the bidder. Conditional price bids are liable for rejection.

WE CONFIRM THAT WE HAVE QUOTED RATES IN THE ABOVE FORMAT ONLY

WITHOUT ANY CONDITIONS.

Notes: 1. The evaluation of bids shall be on Location wise lowest delivered cost basis.

2. The Unpriced price schedule (submitted along with Unpriced Bids with prices

blanked out) should contain the words Quoted or Not Quoted or Not Applicable against each item.


Page 105 of 132

___________________________





Page 106 of 132

___________________________


CHAPTER – XII

Proforma 1) Annexure-A : Bid Security

2) Annexure-B : Contract Performance Bank Guarantee (CPBG)

3) Annexure-C: Letter of Authority for attending opening Un-priced and Priced Bid

4) Annexure-D : Declaration Form

5) Annexure-E : Manufacturer’s Authorisation Form

6) Annexure-F : Bidder’s General Information

7) Annexure-G : Annual Turnover Form

9) Annexure-H : Integrity Pact

10) Annexure-I : Deviation Sheet Format

11) Annexure-J : Parent Company Guarantee

Page 107 of 132

___________________________


ANNEXURE-A

BID SECURITY FORM

(SPECIMEN) DRAFT BANK GUARANTEE IN LIEU OF BID SECURITY (EMD)

(On Non-Judicial stamp paper of appropriate value) TO : Hindustan Petroleum Corporation Limited (Address as applicable) IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" which expression shall include its successor in business and assigns) issued a tender on Messrs. ................................................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at (hereinafter called "the Tenderer" which expression shall include its executors, administrators and assigns) against Tender no............ dated .................... (hereinafter called "the tender" which expression shall include any amendments/alterations to "the tender" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed not to insist upon immediate payment of Earnest Money for the fulfilment of the said tender in terms

thereof on production of an acceptable Bank Guarantee for an amount of R....... (Rupees ................................. only). We, ................................... Bank having office at ..................................................... Mumbai (hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the Tenderer" hereby agree to pay to the Corporation without any demur on first demand an amount not exceeding Rs........... (Rupees ...................................... only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the Tenderer" of any of the terms and conditions of the said "tender". 2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or committed breach of any of the terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Tenderer" may be entitled to. 3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Tenderer" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

Page 108 of 132

___________________________


4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend time of performance by "the Tenderer" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce any of the terms and conditions relating to "the tender" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Tenderer" or for any forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us. 5. NOTWITHSTANDING anything hereinbefore contained, our liability under this Guarantee is restricted to Rs. ......... (Rupees....................................... only). Our liability under this guarantee shall remain in force until expiration of nine months (8 month validity + 1 month claim period) from the due date of opening of the said "tender". Unless a demand or claim under this guarantee is made on us in writing within said period, that is, on or before .................................... all rights of "the Corporation" under the said guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder. 6. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "the Corporation" in Writing. 7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this guarantee shall not be affected by any change in the constitution of "the Tenderer". 8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and "the Bank" in this regard. IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of ........................

For ........................ Bank (by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")

Page 109 of 132

___________________________


ANNEXURE-B

DRAFT COMPOSITE BANK GUARANTEE FOR SECURITY DEPOSIT/PERFORMANCE GUARANTEE

(On Non-Judicial stamp paper of appropriate value)

TO : Hindustan Petroleum Corporation Limited (Address as applicable)

IN CONSIDERATION OF MESSRS. HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government of India Company registered under the Companies Act, 1956, having its registered office at 17, Jamshedji Tata Road, Mumbai-20 (hereinafter called "The Corporation" (which expression shall include its successor in business and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ............. (hereinafter called "the supplier" (which expression shall include executors, administrators and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Corporation") for the supply of goods to/execution of services for "the Corporation" and "the Corporation" having agreed : a) not to insist upon immediate payment of Security deposit for the fulfillment and performance of the said order b) to pay "the supplier" as and by way of advance up to a sum of Rupees__________ (Rupees _____________________________ only) being ____% of the value of the order"; c) that "the supplier" shall furnish a security for the performance of "the supplier's" obligations and/or discharge of "the supplier's" liability in connection with the said "order"; and "the Corporation" having agreed with "the supplier" to accept a composite Bank Guarantee for the mobilization advance, security deposit, retention money and performance guarantee.

___________________________________________________________________________ We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the Corporation” without any demur on first demand an amount not exceeding Rs........... (Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "the Corporation" by reason of non performance and fulfillment or for any breach on the part of "the supplier" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that "the Corporation" shall be sole judge

whether the said "Supplier" has failed to perform or fulfill the said "order" in terms thereof or committed breach of any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.

Page 110 of 132

___________________________


3. We, ................................. Bank further agree that the amount demanded by "the Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "the Corporation" that "the

Corporation" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the Supplier" from time to time or to postpone for any time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to "the Supplier" or for any forbearance, act or omission on the part of "the Corporation" or any indulgence by "the Corporation" to "the Supplier" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall

be only one Composite Bank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% valid till the end of the defects liability period as per the terms of the P.O. No. _______________ dated _____________ and that in proportion with the recovery of advance @ ______% per bill the same amount/value automatically stands credited to the defects liability account/security deposit or retention money as the case may be and will continue to be credited/treated till the entire advance of Rs._______________________ is fully recovered from the running bills and from the date of full recovery of the advance of Rs.__________________ this guarantee automatically, shall stand valid towards the ____% retention money/defects liability, fully valid in all ® respects unto a further period of 3 (three) months, as per the Purchase Order of "the Corporation".

6. Not withstanding anything contained herein above :

i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before the expiry of 30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee

during its currency except with the previous consent of "the Corporation" in writing. 8. We, ......................................... Bank lastly agree that "the Bank"'s liability under

this guarantee shall not be affected by any change in the constitution of "the Supplier".

Page 111 of 132

___________________________


9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the Supplier" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this ............................. day of ........................... For ........................ Bank (by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")*

Page 112 of 132

___________________________


ANNEXURE-C

Proforma of Letter of Authority for Attending Opening of Unpriced & Priced Bid.

No. Date: HINDUSTAN PETROLEUM CORPORATION LIMITED, Gresham House Gresham Assurance Building, (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort, Mumbai – 400001 Attn:......................................... Dear Sirs, We........................................hereby authorise following representatives (s) to attend the unpriced bid opening and priced bid opening against your Bid document number No. ...........................for....................................(item Name)....................................... 1. Name & Designation : ......................... .... Signature............................ 2. Name & Designation : ........................ ..... Signature............................ We confirm that we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,

Signature........................................... Name & Designation......................... For & on behalf of............................

Note: This Letter of Authority should be on the letterhead of the Bidder and should be signed by a person competent and having the power of attorney.

Page 113 of 132

___________________________


ANNEXURE-D

DECLARATION

(To be submitted along with Un priced bid)

(M/s. __________________________) hereby declare / clarify that we have not been banned or

delisted by any Government or Quasi Government Agencies of Public Sector Undertakings

(PSUs) of Government of India.

Stamp and Signature of Bidder

Note: If a bidder has been banned by any Government or Quasi Government agencies or PSUs of Government of India, this fact must be clearly stated with details. If this declaration is not given along with the Unpriced bid, the tender will be rejected as Non-responsive.

CONTACT PARTICULARS

NAME OF PERSON

TEL NO. OFFICE

TEL NO. RES.

MOBILE NO.

E-MAIL ID

Page 114 of 132

___________________________


ANNEXURE-E

MANUFACTURERS' AUTHORISATION FORM

AND

BACK UP GUARANTEE

To HINDUSTAN PETROLEUM CORPORATION LIMITED, Gresham Assurance Building, (Gresham Assurance House), 2nd Floor, Sir P. M. Road, Fort, Mumbai – 400001 Dear Sir, Bid Document No. ______________________ dated ___________ Item: Rim Seal Fire Protection System on FLOATING ROOF tank

We ________________________who are established and reputable manufacturers of _______ having Plant at _________________ do hereby authorize M/s ________________________________(Name and Address of Representing Firm) to bid, negotiate and conclude the contract with HPCL for the goods to be manufactured by us against subject Bid Document. We certify: 1) As a policy we do not quote directly. 2) Against above Bid Document, we have not quoted through any other Trading House /

Representing firm. 3) This certificate shall remain valid upto completion i.e. till the end of the guarantee/warrantee

period of the quoted items. We hereby extend our full guarantee and warranty as per the terms of Bid Document for the goods offered for supply by the above firm. Vide their offer no. _________________________ dated _________.

Yours faithfully (Name) for and on behalf of M/s _________________ (Name of manufacturers)

Note: This letter of authority should be on the letterhead of the manufacturing concern and should be signed by a person competent and having the power of attorney to bind the manufacturer.

Page 115 of 132

___________________________


ANNEXURE-F

BIDDER’S GENERAL INFORMATION

Bid Document No. ……………………………………………………………… To

Hindustan Petroleum Corporation Limited Mumbai, India.

1.1 Bidder Name:

1.2 Number of Years in Operation: ________________________________________________

1.3 Registered Address ________________________________________________ ________________________________________________ _____________________________________ __________ 1.4 Operation Address if different from above: ________________________________________________ 1.5 Telephone Number _________________________________________________ (Country code) (Area Code) (Tel. Number) 1.6 E-mail address & Web Site _________________________________________________ 1.7 Telefax Number __________________________________________________ (Country Code) (Area Code) (Tel. Number) 1.8 ISO Certification, if any (if yes, please furnish details)

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ANNEXURE-G

Annual Turnover

Bid Document No. ……………………………………………………….. Annual Turnover data for the last 3 years

Year Currency Amount

Year 2011-12

Year 2010-11

Year 2009-10:

1. The information supplied should be the Annual Turnover of the bidder

ANNEXURE-H

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(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or

violate its provisions.

Section 7 – Criminal charges against violating Bidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an

employee or a representative or an associate of a Bidder, Contractor or Subcontractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will

inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors (to be decided by the Chairperson

of the Principal)

(1) The Principal appoints competent and credible External Independent Monitors for this Pact.

The principal has nominated Shri D Chaterjee and Smt Ranjana Kumar as External Independent

Monitor(s) for the purpose of administration of this Pact.

The task of the Monitor is to review independently and objectively, whether and to what extent the

parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his

functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractors accepts that the Monitor has the right to access without restriction to all Project

documentation of the Principal including that provided by the Contractor. The Contractor will also

grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and

unconditional access to this project documentation. The same is applicable to Subcontractors. The

Monitor is under contractual obligation to treat the information and documents of the Bidder /

Contractor / Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the

parties related to the Project provided such meetings could have an impact on the contractual

relations between the Principal and the Contractor. The parties offer to the Monitor the option to

participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so

inform the Management of the Principal and request the Management to discontinue or heal the

violation, or to take other relevant action. The Monitor can in this regard submit non-binding

recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in

a specific manner, refrain from action or tolerate action. However, the Independent External

Monitor shall give an opportunity to the bidder / contractor to present its case before making its

recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within

8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the

occasion arise, submit proposals for correcting problematic situations.

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Date :

Witness 2:

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ANNEXURE-I

EXCEPTION AND DEVIATIONS STATEMENT

S.NO. PAGE NO. OF

TENDER

DOCUMENT

CLAUSE

NO.

SUBJECT DEVIATIONS

Bidder shall list all the deviations in the following given format only on their Letterhead. The

Deviation sheet should be submitted along with Un-priced Bid.

In case no deviation sheet is submitted along with un-priced bid, it would be concluded that bidder

has accepted all specifications, terms and conditions.

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ANNEXURE-J PARENT COMPANY GUARANTEE

This GUARANTEE (“Guarantee”) is issued on the _____ day of ______ , ___ by

_______________________, a Company organized and existing under the laws of

___________ having its Registered Office at ___________________________

(hereinafter referred to as “Guarantor” and/or “__________________”), at the request

and/or behest of _______________________, a Company organized and existing under

the laws of _________________ having its Registered Office at ____________________

(hereinafter referred to as “Indian arm”), in favour of Hindustan Petroleum Corporation

Limited, a listed Public Limited Company organized under the laws of India having its

Registered Office at Petroleum House, 17, Jamshedji Tata Road, Churchgate, Mumbai –

400 020 (hereinafter referred to as “Beneficiary” or “HPCL”).

WHEREAS:

The Beneficiary floated a global tender dated __________ inviting offers from Vendors for

________________(purpose). The Indian arm have submitted their quotation dated

_________ and advised the Beneficiary that the Indian arm is the subsidiary/ authorized

agent/ branch office/ affiliate* of the Guarantor. The Guarantor vide its letter dated

__________ informed the Beneficiary that its Indian arm, will quote and participate in the

tender in their place and desire that the contract be placed by the Beneficiary on the

Indian arm. For this reason, the Guarantor is ready and willing to give a Parent Company

Guarantee (PCG) inter alia for the performance of their Indian arm to the terms and

conditions of the tender and on failure to assume the said obligations.

.

We, the Guarantor are hereby recording the terms and conditions governing our

obligations under this Guarantee with the intent of being legally bound by the same and

hereby agree, covenant and bind ourselves as follows:-

1. The Guarantor hereby irrevocably and unconditionally guarantees to HPCL that its

wholly owned Indian arm Company will perform its obligations under the terms and

conditions of the tender, if the contract is being awarded to them in future for

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___________ and agrees to provide further comfort letters/ guarantees, if so

desired by beneficiary, in terms of the tender.

2. The Guarantor unconditionally and irrevocably guarantees to the Beneficiary that it

will make available or cause to be made available to the Indian arm all financial,

technical and other resources required to ensure that the Indian arm can carry out

its obligations as per the tender terms and conditions and that the Indian arm at all

times fully and effectively discharge its obligations under the terms and conditions

of tender, including by discharging the obligations within the time and cost so

stipulated.

3. The Guarantor hereby agrees that if the Indian arm shall in any respect commit any

breach or fails to fulfill any of the terms of the Contract/Tender or complete it in all

respects or if there is a failure to make any supplies or if any material, equipment or

machinery under the contract so supplied is not of the required specifications or

does not perform as envisaged under the contract, then the Guarantor will forthwith

perform the same and fulfill all the obligations required under tender terms &

conditions on behalf of their Indian arm, without any extra cost and time

implications.

4. The Guarantor further undertakes to indemnify all losses, damages, expenses,

claims, costs and proceedings which may be suffered or incurred by Beneficiary

due to the failure or breach on the part of its Indian arm Company.

5. The Guarantor assures and undertakes that during the term of the contract or of

any guarantee for performance as per the contract, the Indian arm shall continue to

be the subsidiary/ authorized agent/ branch office/ affiliate* of the Guarantor and

the Guarantor’s liability shall not be affected due to any incapacity or lack of power

or legal personality or change in the status of the Indian arm or the Guarantor.

6. The Guarantor’s liabilities under this Guarantee shall not exceed the liability of the

Indian arm under the tender terms and conditions but this shall in any manner not

affect the Guarantor’s own responsibilities and liabilities under the Guarantee.

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7. The obligation of the Guarantor shall take effect from the date of this Guarantee

and shall remain in full force until all the obligations of the Indian arm have been

fully performed and discharged and/or all sums of money payable to Beneficiary

have been fully paid under the contract being entered into by Beneficiary with the

Indian arm Company. The Guarantor further undertakes to perform forthwith

without insisting on any proof of breach of Contract by its Indian arm Company and

purely relying on Beneficiary’ s written demand.

8. The liabilities of the Guarantor shall not be discharged, diminished or otherwise

affected by:-

(a) Any change in the Articles of Association or Bye-Laws or constitution of the

Indian arm Company or the Guarantor.

(b) Any time, indulgence, waiver or consent given to Indian arm Company by the

Beneficiary.

(c) Any amendment to the Contract or any security or other guarantee or

indemnity to which Indian arm Company has agreed.

(d) The dissolution, amalgamation, reconstruction or reorganization of Indian

arm Company or Guarantor.

9. NOTICE:

Any notice, demand, declaration or other communication to be given by the

Beneficiary or the Guarantor to the other shall be in writing, in English language

and delivered in person or by Air Mail or by Courier Services or by Facsimile or by

E-Mail to the address given below :-

For Guarantor

Attention of

Mailing Address

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Email Address

Fax No.

For Beneficiary

Attention of

Mailing Address

Email Address

Fax No.

10. GOVERNING LAW AND JURISDICTION:

This Guarantee shall be exclusively governed by and construed in accordance with

the laws of India without giving effect to the principles of conflict of laws therein. No

party shall take a plea that any forum is inconvenient. It may be enforced in terms

of the Indian laws.

11. DISPUTE RESOLUTION

Any dispute arising out of or in relation to this Guarantee shall be resolved by

arbitration of a sole arbitrator to be appointed as per the rules set out in the tender

document.

12. This Guarantee may be executed in one or more counterparts, all of which shall be

read and construed as one document and any fax copy or scanned copy or print of

a scanned copy of a signed Guarantee shall be deemed to be an original signature.

13. No modification, alteration or amendment of this Guarantee or any of its terms or

provisions shall be valid or legally binding unless the Beneficiary consents to the

same in writing.

14. No failure to take any action with respect to a breach of this Guarantee or a default

by any other party shall constitute a waiver of the Beneficiary’s right to enforce any

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provision of this Guarantee or to take action with respect to such breach or default

or any subsequent breach or default.

15. Waiver of any breach or failure to comply with any provisions of this Guarantee

shall not be construed as, or constitute, a continuing waiver of such provision, or a

waiver of any other breach of or failure to comply with any other provision of this

Guarantee, unless any such waiver has been consented to by the concerned party

in writing.

16. This document has been executed by a duly authorized signatory on behalf of the

Guarantor having the

requisite power to do so.

IN WITNESS WHEEOF the Guarantor has duly executed this Guarantee as at the date

first above written.

For and on behalf of Guarantor,

__________________________ Witness

(Signature) Signature :

Name :

Designation :

Date :

Note:

* Strike off that which is not applicable and retain the correct relationship between

Guarantor and Indian arm.

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ANNEXURE-K

CUT-OUT SLIP

DO NOT OPEN- THIS IS A QUOTATION

(Envelope No 1- BID SECURITY)

Client Hindustan Petroleum Corporation Limited

Bid Document No. 12000208-HD-10002

Tender Title Supply of Corrosion Inhibitor to Various Pipelines of HPCL

Bid Due date & Time Up to – 1500 HRS. (IST) of 30.01.2013

From : To : DGM-Purchase

HINDUSTAN PERTOLEUM CORPORATION LIMITED

Gresham Assurance Building (Gresham Assurance House),

2nd Floor, Sir P. M. Road, Fort,

Mumbai – 400001

(To be pasted on the outer envelope containing Bid security)

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CUT-OUT SLIP


(Envelope No 1-– Unpriced bid)

Client Hindustan Petroleum Corporation

Limited




From : To : DGM-PURCHASE




Mumbai – 400001

(To be pasted on the outer envelope containing “Unpriced bid”)

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CUT-OUT SLIP


(Envelope No 2- PRICED BID)


Limited








Mumbai – 400001

(To be pasted on the outer envelope containing - Priced bids)

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CUT-OUT SLIP

DO NOT OPEN - THIS IS A QUOTATION


Limited








Mumbai – 400001

(To be pasted on the outer envelope containing Bid Security, Un-

priced bid and priced bids)